Summary
The applicant, a 44-year-old naturalized U.S. citizen originally from Morocco, faced security concerns under Guideline B due to numerous immediate family members residing in Morocco and substantial property interests there. The judge found that the applicant failed to mitigate the security risks associated with these foreign ties, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline L (Outside Activities), the Statement of Reasons alleged the following: Applicant’s numerous immediate family members who are citizens and residents of Morocco, and his extensive Moroccan property interests generate a security risk which he failed to mitigate (1.a). Applicant has a business relationship with his brother-in-law, who owns a company in Morocco that contracts with several Moroccan government agencies (1.b). Applicant has substantial Moroccan bank accounts and property interests that trigger security concerns (1.c). Applicant has traveled to Morocco eight times since June 2002 to visit his family members (1.d). Applicant's company has contracts with foreign companies in Germany and Canada (1.e). Applicant has no financial interest in his brother-in-law’s company, nor does his brother-in-law have any financial interest in his company (1.f). Applicant provided no information to mitigate the security risk associated with his family ties in Morocco (1.g). Applicant's Moroccan property interests and bank accounts total in excess of $600,000 USD (1.h). Applicant's business relationship with his brother-in-law constitutes less than 10 percent of his company’s income (1.i). Applicant has not provided sufficient evidence to mitigate the security concerns raised by his foreign ties (1.j).
The judge denied the clearance. The government raised disqualifying conditions FC DC 7(a), FC DC 7(e). The decision turned on the following: The applicant has numerous immediate family members who are citizens and residents of Morocco, generating a security risk; The applicant owns property valued at approximately $400,000 in Morocco and maintains significant bank accounts there, which were not sufficiently mitigated; The applicant provided little evidence to demonstrate that his foreign relationships would not lead to exploitation or coercion.
Why the Applicant Was Denied
- The applicant has numerous immediate family members who are citizens and residents of Morocco, generating a security risk.
- The applicant owns property valued at approximately $400,000 in Morocco and maintains significant bank accounts there, which were not sufficiently mitigated.
- The applicant provided little evidence to demonstrate that his foreign relationships would not lead to exploitation or coercion.
Conditions Referenced
- FC DC 7(a)appliedForeign Influence Disqualifying Condition
- FC DC 7(e)appliedForeign Influence Disqualifying Condition
Key Rule Quoted
“The issuance of the clearance is 'clearly consistent with the national interest.'”
Procedural Posture
- SOR issuedMay 30, 2007
- Answer filedJun 14, 2007Applicant admitted allegations.
- Hearing held—Decided on written record.
- Decision dateSep 27, 2007
Cite For
- Security Risks Associated with Foreign Family Ties Under Guideline B
- Impact of Foreign Property Interests on Security Clearance Eligibility
- Insufficient Evidence to Mitigate Foreign Influence Concerns