Summary
The applicant, a 43-year-old U.S. citizen originally from Indonesia, faced trustworthiness concerns under Guidelines B (foreign influence), C (foreign preference), and F (financial considerations) due to limited connections to Indonesia and significant delinquent debts. The judge found that while foreign influence and preference concerns were mitigated, the financial issues were not resolved, leading to a denial of eligibility for a public trust position.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s mother and two brothers are citizens and residents of Indonesia (1.a). In 1998, Applicant requested, and in 1999, he was granted political asylum in the United States because of the Indonesian Government’s mistreatment of individuals of Chinese-Indonesian descent (1.b). Applicant retained his Indonesian passport after becoming a U.S. citizen. On September 21, 2016, Applicant provided his Indonesian passport to his security manager, and his security manager defaced and invalidated his Indonesian passport (2.a). delinquent debts of $41,189 owed to a mortgage company (3.a). delinquent debts of $147,232 owed to a mortgage company (3.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 20. The judge applied mitigating conditions AG ¶ 6, AG ¶ 20(a), AG ¶ 20(c). The decision turned on the following: The applicant failed to provide evidence of ongoing contacts with creditors regarding significant delinquent debts totaling $188,421; The applicant did not demonstrate sufficient financial management or resolution of his debts, which raised trustworthiness concerns.
Why the Applicant Was Denied
- The applicant failed to provide evidence of ongoing contacts with creditors regarding significant delinquent debts totaling $188,421.
- The applicant did not demonstrate sufficient financial management or resolution of his debts, which raised trustworthiness concerns.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 20appliedFinancial Considerations
- AG ¶ 6appliedForeign Influence and Preference Concerns Mitigated
- AG ¶ 20(a)rejectedInability to Resolve Debts Due to Circumstances Beyond ControlThe applicant did not provide sufficient evidence to support claims of inability to resolve debts.
- AG ¶ 20(c)appliedCurrent Financial Stability
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedDec 9, 2015
- Answer filedDec 28, 2015
- Hearing heldOct 6, 2016
- Decision dateJan 30, 2017
Cite For
- Denial of Eligibility Due to Unresolved Financial Issues Under Guideline F
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Demonstrating Financial Responsibility in Security Clearance Cases