ISCR Case 14-04048.h1

Case Headnote

ISCR Case No. 14-04048.h1

deniedJun 15, 2015· Hon. Shari Dam· hearing

Summary

A 47-year-old naturalized U.S. citizen, originally from Sudan, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding his extensive family ties in Sudan, including siblings and in-laws, a country identified as having significant anti-Western terrorism threats.

The Statement of Reasons cited specific allegations, including contact with foreign family members that could create a heightened risk of foreign exploitation or coercion, and the nature of relationships with foreign persons in a country where such ties might conflict with U.S. interests. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 7(a) and AG ¶ 7(d) were raised.

Despite the application of mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c), the administrative judge determined that the applicant's financial support to and frequent communication with his family in Sudan indicated a commitment that could potentially conflict with U.S. interests. These factors led to the denial of the security clearance, as the applicant failed to adequately mitigate the foreign influence concerns.

Why the Applicant Was Denied

The applicant has multiple family members residing in Sudan, a country with significant anti-Western terrorism threats.
The applicant's financial support to his family in Sudan raised concerns about potential foreign influence.
The applicant's frequent communication with family members in Sudan indicated a commitment that could conflict with U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that his relationships with family members in Sudan would not place him in a position of conflict.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's ties to family in Sudan were deemed significant enough to pose a potential conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's communication with family members was frequent and not casual.

Key Rule Quoted

“The mere possession of close family ties with a family member living in Sudan is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedOct 10, 2014
Answer filedNov 6, 2014
Hearing heldApr 2, 2015
Decision dateJun 15, 2015

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties in Countries with Terrorism Threats
Evaluation of Mitigating Conditions Related to Foreign Contacts

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 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	Sibling in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Sudan HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	—	—
1.c	The nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S.	Against Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact 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

Sibling in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

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

—

1.b

Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

—

1.c

The nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S.

Against Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Unknown

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES