ISCR Case 17-03973.h1

Case Headnote

ISCR Case No. 17-03973.h1

deniedOct 12, 2018· Hon. Caroline E. Heintzelman· hearing

Summary

A 49-year-old naturalized U.S. citizen, originally from Ethiopia, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding his close familial ties in Ethiopia, specifically his wife, children, mother, and in-laws, all of whom reside there. The Statement of Reasons highlighted that these ongoing connections created a heightened risk of foreign exploitation, manipulation, or coercion, and a potential conflict of interest with his obligation to protect U.S. classified information.

The allegations noted that while mere possession of foreign family ties is not automatically disqualifying, the applicant's specific relationships, combined with the instability and risk of terrorism in Ethiopia, presented an unacceptable risk. This risk was deemed to potentially place the applicant in a position where he might have to choose between foreign interests and those of the United States.

Furthermore, the applicant's ties to the United States were considered insubstantial. He had lived and worked primarily in Ethiopia for the past fifteen years, did not own property or maintain a U.S. bank account, and did not provide child support for his son residing in the U.S. The judge concluded that the applicant failed to mitigate the security concerns related to foreign influence, as his U.S. ties were insufficient to overcome the presumption of a non-casual relationship with his immediate family in Ethiopia, leading to the denial.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to foreign influence from his family members in Ethiopia.
The applicant's close relationships with his wife, children, and other relatives in Ethiopia presented a heightened risk of foreign pressure or exploitation.
The applicant's ties to the United States were deemed insufficient to overcome the presumption of a non-casual relationship with his immediate family members in Ethiopia.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006); ISCR Case No. 99-0424 (App. Bd. Feb. 8, 2001)

Procedural Posture

SOR issuedDec 27, 2017
Answer filedFeb 13, 2018
Hearing heldJun 12, 2018Applicant did not submit documentation as requested.
Decision dateOct 12, 2018

Cite For

Denial of Clearance Due to Foreign Influence Under Guideline B
Importance of Familial Ties in Assessing Foreign Influence
Insufficient Ties to the U.S. to Mitigate Foreign Influence Concerns

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Contact, regardless of method, with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ethiopia HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect classified or sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information or technology.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ethiopia HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—
1.c	The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B. However, if only one relative lives in a foreign country and an applicant has contacts with that relative, that factor alone is sufficient to create the potential for foreign influence and could potentially result in the compromise of classified information.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ethiopia HEIGHTENED RISK	Unknown	(c) failure to report or disclose association with a foreign person/group/government	—	—
1.d	The applicant has ongoing familial connections with his wife, children, mother, and his wife’s relatives. These relationships create a heightened risk of foreign pressure or attempted exploitation because of the risk of terrorism.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ethiopia HEIGHTENED RISK	Unknown	(d) counterintelligence information indicating unacceptable risk	—	—
1.e	Although none of Applicant’s foreign contacts are employed by the Ethiopian government, the instability and risk of terrorism in Ethiopia present an unacceptable risk that Applicant may be placed in a position of having to choose between the interests of a foreign individual, group, or government and the interests of the United States.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ethiopia HEIGHTENED RISK	Unknown	(e) shared living quarters creating a heightened risk	—	—
1.f	Applicant’s ties to the United States are not substantial. During the past fifteen years, he has lived and worked primarily in Ethiopia. He does not own property or maintain a bank account in the United States. Nor does he provide child support to his son who resides in the United States.	Against Applicant	Unspecified Foreign Relationship Other	Ethiopia HEIGHTENED RISK	Unknown	(f) substantial foreign business, financial, or property interests	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact, regardless of method, with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ethiopia

HEIGHTENED RISK

Unknown

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect classified or sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information or technology.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ethiopia

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

1.c

The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B. However, if only one relative lives in a foreign country and an applicant has contacts with that relative, that factor alone is sufficient to create the potential for foreign influence and could potentially result in the compromise of classified information.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ethiopia

HEIGHTENED RISK

Unknown

(c) failure to report or disclose association with a foreign person/group/government

—

1.d

The applicant has ongoing familial connections with his wife, children, mother, and his wife’s relatives. These relationships create a heightened risk of foreign pressure or attempted exploitation because of the risk of terrorism.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ethiopia

HEIGHTENED RISK

Unknown

(d) counterintelligence information indicating unacceptable risk

—

1.e

Although none of Applicant’s foreign contacts are employed by the Ethiopian government, the instability and risk of terrorism in Ethiopia present an unacceptable risk that Applicant may be placed in a position of having to choose between the interests of a foreign individual, group, or government and the interests of the United States.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ethiopia

HEIGHTENED RISK

Unknown

(e) shared living quarters creating a heightened risk

—

1.f

Applicant’s ties to the United States are not substantial. During the past fifteen years, he has lived and worked primarily in Ethiopia. He does not own property or maintain a bank account in the United States. Nor does he provide child support to his son who resides in the United States.

Against Applicant

Unspecified Foreign Relationship

Other

Ethiopia

HEIGHTENED RISK

Unknown

(f) substantial foreign business, financial, or property interests

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES