ISCR Case 15-00174.h1

Case Headnote

ISCR Case No. 15-00174.h1

deniedAug 31, 2016· Hon. David M. White· hearing

Summary

A 77-year-old consultant and former tenured professor was denied a security clearance due to concerns under Guideline B (Foreign Influence). The Statement of Reasons cited three allegations: contact with foreign individuals creating a heightened risk of exploitation, connections to foreign entities creating a potential conflict of interest, and substantial foreign business or financial interests that could lead to foreign influence or exploitation.

Specifically, the applicant's ongoing employment at a university in Hong Kong and significant ties to China were identified as disqualifying conditions. These relationships were found to create a heightened risk of foreign exploitation and pressure, as well as a potential conflict of interest regarding the protection of sensitive information.

Despite the application of mitigating conditions, the judge determined that the applicant failed to provide sufficient evidence of good character or otherwise mitigate the security concerns. The applicant's ongoing financial and professional relationships with foreign entities were deemed significant and unmitigated, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's employment in Hong Kong and connections to China created a heightened risk of foreign exploitation and pressure.
He failed to provide evidence of good character or mitigate the security concerns raised by his foreign ties.
The applicant's ongoing financial and professional relationships with foreign entities were deemed significant and unmitigated.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Persons
AG ¶ 7(b)raisedConnections to Foreign Entities
AG ¶ 7(e)raisedSubstantial Financial Interests in Foreign Countries

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's ongoing employment and relationships in Hong Kong did not demonstrate that he would not face a conflict of interest.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's financial and professional ties to China were significant and did not support a claim of minimal loyalty to foreign interests.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's communication and collaboration with foreign entities were neither casual nor infrequent.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”

Procedural Posture

SOR issuedJun 8, 2015
Answer filedAug 25, 2015
Hearing held—Decided on the written record without a hearing.
Decision dateAug 31, 2016

Cite For

Denial of Security Clearance Due to Foreign Influence Under Guideline B
Significance of Financial and Professional Ties to Foreign Countries
Failure to Mitigate Security Concerns Related to Foreign Employment

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	Friend in Foreign Country Friend	China 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 (e) shared living quarters creating a heightened risk	—	—
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 sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	Against Applicant	Friend in Foreign Country Friend	China 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 (e) shared living quarters creating a heightened risk	—	—
1.c	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Hong Kong 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 (e) shared living quarters creating a heightened risk	—	—
1.d–1.e	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

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

Friend in Foreign Country

Friend

China

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

(e) shared living quarters creating a heightened risk

—

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 sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

Against Applicant

Friend in Foreign Country

Friend

China

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

(e) shared living quarters creating a heightened risk

—

1.c

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Hong Kong

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

(e) shared living quarters creating a heightened risk

—

1.d–1.e

2 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Foreign Relationship

Other

—

Loading case…

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