ISCR Case 11-10903.h1

Case Headnote

ISCR Case No. 11-10903.h1

deniedDec 12, 2017· Hon. Juan J. Rivera· hearing

Summary

A 53-year-old naturalized U.S. citizen, originally from Russia, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding his extensive ties to Russia, including immediate family members who are citizens and residents, and his prior military service in the Soviet Army. The applicant also maintained a valid Russian passport for travel and had applied for Russian citizenship for his U.S.-born children.

Further concerns included his frequent contact and visits with relatives in Russia, his wife's Russian background, and his mother-in-law's dual U.S. and Russian citizenship. His parents, who are Russian citizens and residents, had worked for the Soviet government in research centers with military applications. Additionally, the applicant maintained contact with Russian friends and assisted a Russian company in obtaining U.S. certifications for a foreign product at the request of a Russian friend with military contacts.

The judge determined that these connections created a potential for foreign influence that was not adequately mitigated by the applicant's claims of U.S. loyalty or willingness to surrender his Russian passport. The applicant failed to demonstrate that his relationships with family in Russia would not pose a security risk, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's family ties to Russia, including parents and siblings who are citizens and residents, raised significant foreign influence concerns.
The applicant's prior military service and possession of a Russian clearance contributed to the perception of divided loyalties.
The applicant failed to demonstrate that his relationships with family members in Russia would not pose a security risk.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's frequent contact with family in Russia negated the possibility of mitigation.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's connections to the U.S. were weighed against his family ties to Russia.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's frequent visits and contact with family in Russia did not support this condition.

Key Rule Quoted

“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security."”
— Directive, Enclosure 2 ¶ 2(b)

Procedural Posture

SOR issuedJun 24, 2017
Answer filedJul 14, 2017Requested decision based on written record.
Hearing held—No hearing; decision based on written record.
Decision dateDec 12, 2017

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties on Security Clearance Eligibility
Burden of Proof on Applicant to Mitigate Security Concerns

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 has immediate family members who are citizens and residents of Russia.	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 (b) connections creating a potential conflict of interest	—	—
1.b	Applicant has frequent telephonic and computer contact with his relatives living in Russia.	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 (b) connections creating a potential conflict of interest	—	—
1.c	Applicant has traveled to Russia for extended periods to visit family and friends.	Against Applicant	Unspecified Foreign Relationship Other	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant applied for Russian citizenship for both of his children born in the United States.	Against Applicant	Unspecified Foreign Relationship Other	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant maintains a valid Russian passport solely for the purpose of facilitating his travels to Russia.	Against Applicant	Unspecified Foreign Relationship Other	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant's wife was born, raised, and educated in Russia and held her Russian citizenship until 2006.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Russia 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	—	—
1.g	Applicant's mother-in-law is a dual citizen of the United States and Russia.	Against Applicant	In Law in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.h	Applicant's parents are citizens and residents of Russia and have worked for the Soviet government in research centers with military applications.	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 (b) connections creating a potential conflict of interest	—	—
1.i	Applicant's sister, aunt, and two nieces are citizens and residents of Russia.	Against Applicant	Sibling in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.j	Applicant maintains contact with at least three Russian friends.	Against Applicant	Friend in Foreign Country Friend	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.k	Applicant assisted a Russian company to obtain certain U.S. certifications for a foreign product at the request of a Russian friend with contacts with the Russian military.	Against Applicant	Business Associate in Foreign Country Business or Professional Associate	Russia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has immediate family members who are citizens and residents of Russia.

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant has frequent telephonic and computer contact with his relatives living in Russia.

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant has traveled to Russia for extended periods to visit family and friends.

Against Applicant

Unspecified Foreign Relationship

Other

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.d

Applicant applied for Russian citizenship for both of his children born in the United States.

Against Applicant

Unspecified Foreign Relationship

Other

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.e

Applicant maintains a valid Russian passport solely for the purpose of facilitating his travels to Russia.

Against Applicant

Unspecified Foreign Relationship

Other

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.f

Applicant's wife was born, raised, and educated in Russia and held her Russian citizenship until 2006.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Russia

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

—

1.g

Applicant's mother-in-law is a dual citizen of the United States and Russia.

Against Applicant

In Law in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.h

Applicant's parents are citizens and residents of Russia and have worked for the Soviet government in research centers with military applications.

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

(b) connections creating a potential conflict of interest

—

1.i

Applicant's sister, aunt, and two nieces are citizens and residents of Russia.

Against Applicant

Sibling in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.j

Applicant maintains contact with at least three Russian friends.

Against Applicant

Friend in Foreign Country

Friend

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.k

Applicant assisted a Russian company to obtain certain U.S. certifications for a foreign product at the request of a Russian friend with contacts with the Russian military.

Against Applicant

Business Associate in Foreign Country

Business or Professional Associate

Russia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

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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