ISCR Case 15-06164.h1

Case Headnote

ISCR Case No. 15-06164.h1

grantedFeb 1, 2017· Hon. Noreen A. Lynch· hearing

Summary

A naturalized U.S. citizen born in Egypt was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her valid Egyptian identity card and her vote in the 2014 Egyptian election. Additionally, her father was an Egyptian citizen and resident until his death in April 2016. Her mother, a 78-year-old retired pharmacist with a U.S. Visa since 2013, spent six or nine months in the U.S. after her husband's death and plans to return permanently in the summer of 2017 to live with the applicant and apply for permanent residency. The mother supports herself with an inheritance and pension and has no intention of returning to Egypt.

Further concerns involved the applicant's husband, who maintains money in an Egyptian bank, with an amount that was once potentially one million dollars but is now about 50% lower due to exchange rates and transfers to the U.S. He brings the allowed $10,000 each time he visits Egypt, and the allowed wire transfer amount is $100,000 per year. He inherited this money, and restrictions have prevented him from liquidating all funds. He also has an international shipping business with money in Egypt, and his nephew runs the Egyptian office.

The judge granted the clearance, finding that the applicant's strong ties to the U.S., including her citizenship and extensive work history with U.S. interests, mitigated the risks. Her mother's intention to reside permanently in the U.S. also reduced the potential for foreign influence, and the applicant's substantial financial interests in the U.S. demonstrated a commitment to U.S. interests.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through her citizenship and extensive work history with U.S. interests.
The applicant's mother, a resident of Egypt, has a U.S. visa and plans to return to the U.S. permanently, reducing the risk of foreign influence.
The applicant's financial interests in the U.S. are substantial, indicating a commitment to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedRoutine Nature of Foreign Financial Interests

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedDec 29, 2015
Answer filed—
Hearing heldJan 6, 2017Scheduled due to counsel schedules and caseload.
Decision date—

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Familial Ties in Security Clearance Decisions
Impact of Financial Interests in Foreign Countries on Security Clearance Eligibility

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
2.a	Applicant’s father was a citizen and resident of Egypt, and a retired physician. However, he died in April 2016. Applicant’s mother is 78 years old and a retired pharmacist. She was the full time caregiver for her husband before his death. Her mother has never had any affiliation with the Egyptian government. Applicant does not discuss the nature of her work with her mother. After Applicant’s father died, her mother, who has held a U.S. Visa since 2013, spent six or nine months living in the United States. She returned to Egypt recently to finalize immigration papers. When she returns to the United States, she will live with Applicant. Applicant expects her mother to return in the summer of 2017. She will apply for permanent residency in the United States. Applicant’s mother supports herself with a family inheritance and a pension. Applicant’s mother has no intention of returning to Egypt.	For Applicant	Parent in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
2.b	Applicant’s husband maintains money in an Egyptian bank. At one time there may have been one million dollars in the account but due to the exchange rate and the fact that Applicant’s husband has used approved wire exchanges to bring money to the United States, the amount is about 50% lower. Each time that Applicant’s husband goes to Egypt, he brings the allowed amount of $10,000. The allowed amount for a wire transfer is $100,000 per year. Applicant submitted documentation to show the current status of the Egyptian bank account. She explained that her husband inherited money and he considers this money his own. There are restrictions on taking money out of Egypt and so he has not been able to liquidate all the funds. Applicant’s husband has a business in the United States and his nephew runs the business office in Egypt.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
2.c	Applicant’s husband has an international shipping business with money in Egypt. The Government produced substantial evidence to raise the potential of foreign pressure or attempted exploitation.	For Applicant	Foreign Employment or Pension Business or Professional Associate	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father was a citizen and resident of Egypt, and a retired physician. However, he died in April 2016. Applicant’s mother is 78 years old and a retired pharmacist. She was the full time caregiver for her husband before his death. Her mother has never had any affiliation with the Egyptian government. Applicant does not discuss the nature of her work with her mother. After Applicant’s father died, her mother, who has held a U.S. Visa since 2013, spent six or nine months living in the United States. She returned to Egypt recently to finalize immigration papers. When she returns to the United States, she will live with Applicant. Applicant expects her mother to return in the summer of 2017. She will apply for permanent residency in the United States. Applicant’s mother supports herself with a family inheritance and a pension. Applicant’s mother has no intention of returning to Egypt.

For Applicant

Parent in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

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

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

2.b

Applicant’s husband maintains money in an Egyptian bank. At one time there may have been one million dollars in the account but due to the exchange rate and the fact that Applicant’s husband has used approved wire exchanges to bring money to the United States, the amount is about 50% lower. Each time that Applicant’s husband goes to Egypt, he brings the allowed amount of $10,000. The allowed amount for a wire transfer is $100,000 per year. Applicant submitted documentation to show the current status of the Egyptian bank account. She explained that her husband inherited money and he considers this money his own. There are restrictions on taking money out of Egypt and so he has not been able to liquidate all the funds. Applicant’s husband has a business in the United States and his nephew runs the business office in Egypt.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Egypt

HEIGHTENED RISK

Admitted

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

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

2.c

Applicant’s husband has an international shipping business with money in Egypt. The Government produced substantial evidence to raise the potential of foreign pressure or attempted exploitation.

For Applicant

Foreign Employment or Pension

Business or Professional Associate

Egypt

HEIGHTENED RISK

Admitted

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

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant has a valid Egyptian Identity card.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
1.b	The applicant voted in the 2014 Egyptian election.	For Applicant	Foreign Voting	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant has a valid Egyptian Identity card.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

1.b

The applicant voted in the 2014 Egyptian election.

For Applicant

Foreign Voting

Admitted

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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