ISCR Case 06-13973.h1

Case Headnote

ISCR Case No. 06-13973.h1

deniedMar 13, 2008· Hon. Mark W. Harvey· hearing

Summary

A 47-year-old male applicant, born in Greece, was denied a security clearance under Guideline B (Foreign Influence) due to unmitigated security concerns. The applicant's parents are Russian citizens and residents, with whom he maintains monthly telephonic contact. His father retired from a significant city governmental position, and his mother, a well-known public figure, was employed by the Russian and/or USSR Government until approximately ten years ago. Both parents have visited the applicant in the U.S. multiple times, staying at his residence, and do not plan to immigrate.

Further concerns arose from the applicant's past. He held part ownership in a Russian apartment, valued at $8,000-$9,000, which likely became Russian government property in 2007 after he accepted U.S. political asylum. The applicant was also a member of the USSR Communist Party from June to August 1989, terminating his membership before requesting asylum. He became a U.S. citizen in 1996.

The applicant's professional history included extensive contact with Russian government officials between 1996 and 2003, related to his employment with U.S. corporations. This involved over 20 trips to Russia between 1998 and 2002, and living in Russia for a U.S. corporation from 2002 to 2003. The denial was based on his immediate family's Russian citizenship and government ties, and his extensive travel and employment in Russia, which collectively raised concerns about potential foreign influence and vulnerability to coercion.

Why the Applicant Was Denied

The applicant has immediate family members who are citizens of Russia, creating a potential for foreign influence.
The applicant's parents were previously employed by the Russian government, which raises security concerns under Guideline B.
The applicant's extensive travel and employment in Russia make him vulnerable to coercion or pressure from foreign entities.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedForeign Influence Disqualifying Condition 1
E2.A2.1.2.6appliedForeign Influence Disqualifying Condition 6

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. 99-0424 (App. Bd. Feb. 8, 2001)

Procedural Posture

SOR issuedAug 23, 2006
Answer filedSep 21, 2006
Hearing held—Decided on the written record.
Decision dateMar 13, 2008

Cite For

Security Concerns Related to Foreign Influence Due to Family Ties Under Guideline B
The Impact of Foreign Government Employment of Immediate Family Members on Security Clearance Decisions
The Applicant's Burden to Mitigate Foreign Influence Concerns When Ties to Foreign Nationals Exist

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	Applicant's parents are currently citizens and residents of Russia. He has monthly, telephonic contact with his parents. His father retired from an important city governmental position, and until about 10 years ago, his mother was employed by the Russian and/or USSR Government. His father receives a disability pension. His mother was a well-known public figure, and frequently presented a radio show at an independent radio station. His mother visited Applicant in the United States three times, and his father visited Applicant in the United States twice. They stayed at Applicant’s residence. His parents do not plan to immigrate to the United States. Applicant does not provide financial support to them.	Against Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant had part ownership in an apartment located in Russia. His share was valued at $8,000 to $9,000. He was receiving $200 per month in rent, which he used to pay utilities. Most likely the apartment became the property of the Russian Government in February 2007 because of Applicant’s acceptance of U.S. political asylum.	For Applicant	Foreign Real Estate Financial or Property Interest	Russia HEIGHTENED RISK	Admitted	—	—	—
1.d	Applicant's contacts with Russian government officials after he emigrated from Russia in 1989 were 'official,' as they were all related to his employment with U.S. corporations. From 1996 to 2001, Applicant held U.S. corporate employment that resulted in frequent contact with Russian officials. From October 2002 to December 2003, Applicant lived in Russia on behalf of a U.S. corporation, and had regular contact with Russian government officials employed by an important Russian government agency. From October 1998 to October 2002, Applicant traveled to Russia more than 20 times. The U.S. Government reaped some benefit of his travel to Russia and employment with the U.S. corporations. He currently has an official U.S. Government passport. The record does not include information about his travel to Russia after December 2003.	For Applicant	Foreign Government Contact Business or Professional Associate GOVT-AFFILIATED	Russia HEIGHTENED RISK	Admitted	—	—	—
1.f	Applicant was a member of the USSR Communist Party from June 1989 until August 1989. In August 1989, he terminated his Communist Party membership and requested political asylum in the United States. In March 1996, he became a U.S. citizen.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	—
1.g	Applicant's first son became a naturalized U.S. citizen in 1996. Applicant is 47 years old. He was born in Greece, and received a degree from a Russian University in 1981. In 1984, he married his first wife in Moscow. They divorced in 1996. In 1996, he married his current wife, who is a U.S. citizen. In 1997 and 2003, his second and third sons were born in the United States.	Against Applicant	Unspecified Foreign Relationship Immediate Family	—	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are currently citizens and residents of Russia. He has monthly, telephonic contact with his parents. His father retired from an important city governmental position, and until about 10 years ago, his mother was employed by the Russian and/or USSR Government. His father receives a disability pension. His mother was a well-known public figure, and frequently presented a radio show at an independent radio station. His mother visited Applicant in the United States three times, and his father visited Applicant in the United States twice. They stayed at Applicant’s residence. His parents do not plan to immigrate to the United States. Applicant does not provide financial support to them.

Against Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant had part ownership in an apartment located in Russia. His share was valued at $8,000 to $9,000. He was receiving $200 per month in rent, which he used to pay utilities. Most likely the apartment became the property of the Russian Government in February 2007 because of Applicant’s acceptance of U.S. political asylum.

For Applicant

Foreign Real Estate

Financial or Property Interest

Russia

HEIGHTENED RISK

Admitted

—

1.d

Applicant's contacts with Russian government officials after he emigrated from Russia in 1989 were 'official,' as they were all related to his employment with U.S. corporations. From 1996 to 2001, Applicant held U.S. corporate employment that resulted in frequent contact with Russian officials. From October 2002 to December 2003, Applicant lived in Russia on behalf of a U.S. corporation, and had regular contact with Russian government officials employed by an important Russian government agency. From October 1998 to October 2002, Applicant traveled to Russia more than 20 times. The U.S. Government reaped some benefit of his travel to Russia and employment with the U.S. corporations. He currently has an official U.S. Government passport. The record does not include information about his travel to Russia after December 2003.

For Applicant

Foreign Government Contact

Business or Professional Associate

GOVT-AFFILIATED

Russia

HEIGHTENED RISK

Admitted

—

1.f

Applicant was a member of the USSR Communist Party from June 1989 until August 1989. In August 1989, he terminated his Communist Party membership and requested political asylum in the United States. In March 1996, he became a U.S. citizen.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

1.g

Applicant's first son became a naturalized U.S. citizen in 1996. Applicant is 47 years old. He was born in Greece, and received a degree from a Russian University in 1981. In 1984, he married his first wife in Moscow. They divorced in 1996. In 1996, he married his current wife, who is a U.S. citizen. In 1997 and 2003, his second and third sons were born in the United States.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

—

Admitted

—

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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

PROCEDURAL RULINGS

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES