Summary
Applicant, a 36-year-old employee of a major defense contractor, faced security concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline L (Outside Activities). He mitigated concerns regarding foreign preference due to an expired Polish passport and documented the discontinuation of his involvement in his mother's business in Lebanon. However, he failed to mitigate foreign influence concerns stemming from his mother's citizenship and residence in Lebanon, as well as the citizenship and financial dependence of his siblings. Clearance is denied.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline L (Outside Activities), the Statement of Reasons alleged the following: Applicant has a mother who is a citizen and resident of Lebanon (1.a). Applicant has three siblings who are citizens of Lebanon and either live there or are temporarily in the U.S (1.b). Applicant has management and financial participation in his mother’s business in Lebanon (1.c). Applicant's mother owns property in Lebanon valued at over $500,000 (1.d). Applicant has mitigated security concerns regarding foreign preference from having a Polish passport by the fact that it has expired (1.e). Applicant has documented his discontinuance of management and financial participation in his mother’s business in Lebanon (1.f). Applicant's family connections and uncertainties in Lebanon pose a potential risk of pressure or coercion (1.g). The applicant has a Polish passport that he obtained in 1995, which has since expired and he does not intend to renew it (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7a. The judge applied mitigating conditions AG ¶ 11e, AG ¶ 38b. The decision turned on the following: Applicant failed to mitigate foreign influence concerns due to his mother's citizenship and residence in Lebanon; Concerns were raised regarding his three siblings who are citizens of Lebanon and financially dependent on their mother.
Why the Applicant Prevailed
- Applicant mitigated foreign preference concerns due to the expiration of his Polish passport and lack of intent to renew it.
- He documented the discontinuation of his management and financial participation in his mother's business in Lebanon.
Conditions Referenced
- AG ¶ 7araisedContact with Foreign Family Members
- AG ¶ 11eappliedExpired Foreign Passport
- AG ¶ 38bappliedDiscontinued Outside Activities
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedSep 25, 2006
- Answer filedNov 2, 2006
- Hearing heldApr 26, 2007
- Decision dateAug 31, 2007
Cite For
- Mitigation of Foreign Preference Due to Expired Passport Under Guideline C
- Disqualifying Conditions Related to Foreign Influence Under Guideline B
- Evaluation of Outside Activities and Their Impact on Security Responsibilities Under Guideline L