ISCR Case 17-03981.h1

Case Headnote

ISCR Case No. 17-03981.h1

deniedJul 17, 2018· Hon. Carol G. Ricciardello· hearing

Summary

A 32-year-old naturalized U.S. citizen, originally from Iraq, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding his close relationship with his father, a former high-level official in the Iraqi Intelligence Service.

The Statement of Reasons cited allegations of contact with a foreign family member that created a heightened risk of foreign exploitation, and connections to a foreign government that could create a conflict of interest. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 7(a), ¶ 7(b), and ¶ 7(e) were raised. While mitigating conditions under AG ¶ 8(a), ¶ 8(b), and ¶ 8(c) were applied, they were insufficient to overcome the security concerns.

The judge determined that the applicant's ongoing financial support to and regular contact with his father, who resided in Egypt, indicated a significant connection that could compromise U.S. interests. Furthermore, the applicant provided inconsistent information about his father's whereabouts and employment, raising concerns about potential loyalty conflicts. Ultimately, the applicant failed to mitigate the risks associated with foreign influence, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant maintained a close relationship with his father, a former high-level official in the Iraqi Intelligence Service, creating a heightened risk of foreign influence.
The applicant provided inconsistent information regarding his father's whereabouts and employment, raising concerns about potential loyalty conflicts.
The applicant's financial support and regular contact with his father indicated a significant connection that could compromise U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Member
AG ¶ 7(b)appliedConnections to a Foreign Government
AG ¶ 7(e)appliedShared Living Quarters with Foreign Contacts

Mitigating

AG ¶ 8(a)rejectedNature of Relationship with Foreign PersonsThe applicant's relationship with his father was not unlikely to create a conflict of interest.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's ties to his father were significant enough to raise concerns about loyalty.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contact with his father was frequent and significant.

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedDec 20, 2017
Answer filedDec 30, 2017
Hearing held—Decided on the written record.
Decision dateJul 17, 2018

Cite For

Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
Inconsistencies in Applicant's Disclosures Regarding Foreign Contacts
Significant Financial Support to Foreign Relatives as a Disqualifying Factor

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	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
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.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

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

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Egypt

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

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.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Egypt

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

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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