Summary
This case concerns a 63-year-old naturalized U.S. citizen and mechanical engineer, originally from Cuba, whose security clearance was reviewed under Guideline B (Foreign Influence). The Statement of Reasons alleged that the applicant regularly communicated with a Cuban resident and provided approximately $100 in financial support every six weeks. It also noted that he had supplied some financial support to this individual. These allegations raised disqualifying conditions under Adjudicative Guideline paragraphs 7(a) and 7(b).
However, the judge found that the applicant successfully mitigated these concerns. The applicant demonstrated strong ties to the U.S., having resided in the country since 1969, with significant familial and financial connections. Furthermore, his financial support to the friend in Cuba was minimal and ceased in September 2017. The applicant also properly reported his foreign contacts to his facility security officer.
Based on these mitigating factors, which aligned with Adjudicative Guideline paragraphs 8(a), 8(b), and 8(d), the judge determined that the applicant's strong U.S. ties and the cessation of financial support resolved the security concerns. Consequently, the applicant was GRANTED access to classified information.
Why the Applicant Prevailed
- The applicant has lived in the U.S. since 1969 and has strong familial and financial ties to the country.
- The applicant's financial support to his friend in Cuba ended in September 2017 and was minimal.
- The applicant properly reported his foreign contacts to his facility security officer.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign PersonThe applicant had contact with a friend in Cuba, creating a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's relationship with a foreign national posed a potential conflict of interest.
- AG ¶ 8(a)appliedNature of RelationshipsThe applicant's friend does not engage in activities that would place him in conflict with U.S. interests.
- AG ¶ 8(b)appliedNo Conflict of InterestThe applicant has deep ties to the U.S. and minimal allegiance to his friend in Cuba.
- AG ¶ 8(d)appliedCompliance with Reporting RequirementsThe applicant reported his contacts with his friend to his facility security officer.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 10, 2017
- Answer filedOct 19, 2017
- Hearing heldMar 8, 2018
- Decision dateOct 9, 2018
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Decisions
- Reporting Requirements for Foreign Contacts