ISCR Case 15-08581.h1

Case Headnote

ISCR Case No. 15-08581.h1

deniedApr 12, 2017· Hon. David M. White· hearing

Summary

A naturalized U.S. citizen from Ethiopia was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained significant family ties in Ethiopia, with many immediate family members residing there. He had also sent money to siblings in Ethiopia for medical and other unplanned expenses. While some family members live in the U.S., a substantial number remain in Ethiopia.

Further concerns included an open bank account in Ethiopia, though the applicant was unsure of its status or balance. He owns no real property in the U.S. but possesses an 11-year-old car and approximately $107,000 across checking, savings, and retirement accounts. The applicant initially entered the U.S. in 2006 with an Ethiopian passport, which he renewed in 2011, expiring in August 2016. He last used it for travel in 2012, before becoming a U.S. citizen in May 2013 and obtaining a U.S. passport in May 2014. He retained the expired Ethiopian passport for potential identification, stating Ethiopia does not recognize dual citizenship and he has no intention of renewing it.

Despite mitigating factors regarding the expired Ethiopian passport, the judge determined that the applicant's close connections to family in Ethiopia created a heightened risk of foreign influence. The applicant failed to demonstrate sufficient mitigation of this potential, especially considering the geopolitical situation in Ethiopia, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has significant family ties in Ethiopia, including several immediate family members who are citizens or residents there.
The applicant's relationships with family members in Ethiopia raise security concerns about potential pressure or coercion to assist them with sensitive information.
The applicant failed to demonstrate that the potential for foreign influence was sufficiently mitigated given the current geopolitical situation in Ethiopia.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)appliedSharing Living Quarters with Foreign Persons

Mitigating

AG ¶ 11(e)appliedExpired Passport

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 issuedMay 23, 2016
Answer filedJun 22, 2016
Hearing heldDec 5, 2016
Decision dateApr 12, 2017

Cite For

Security Concerns Arising From Foreign Family Ties Under Guideline B
Mitigating Factors Related to Expired Foreign Passports Under Guideline C
The Impact of Geopolitical Conditions 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 has significant connections to many family members who are still residents and citizens of Ethiopia.	Against Applicant	Extended Family in Foreign Country Immediate Family	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—
2.b	Several of them are currently living in the United States, but many are not.	Against Applicant	Extended Family in Foreign Country Immediate Family	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—
2.c	Applicant has a large number of immediate family members who were born as resident citizens of Ethiopia.	Against Applicant	Extended Family in Foreign Country Immediate Family	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—
2.d	Applicant has sent money to his brothers and sisters in Ethiopia when they needed funds for medical care or other unplanned expenses.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—
2.e	He left a bank account open in Ethiopia when he came to the United States, but is not sure whether it has been closed or has any funds in it.	Against Applicant	Foreign Bank Account or Investment Other	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—
2.f	He owns no real property in the United States, but has an 11-year-old car and checking, savings, and retirement account balances totaling about $107,000.	Against Applicant	Foreign Real Estate Other	Ethiopia 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 (d) counterintelligence information indicating unacceptable risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has significant connections to many family members who are still residents and citizens of Ethiopia.

Against Applicant

Extended Family in Foreign Country

Immediate Family

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

2.b

Several of them are currently living in the United States, but many are not.

Against Applicant

Extended Family in Foreign Country

Immediate Family

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

2.c

Applicant has a large number of immediate family members who were born as resident citizens of Ethiopia.

Against Applicant

Extended Family in Foreign Country

Immediate Family

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

2.d

Applicant has sent money to his brothers and sisters in Ethiopia when they needed funds for medical care or other unplanned expenses.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

2.e

He left a bank account open in Ethiopia when he came to the United States, but is not sure whether it has been closed or has any funds in it.

Against Applicant

Foreign Bank Account or Investment

Other

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

2.f

He owns no real property in the United States, but has an 11-year-old car and checking, savings, and retirement account balances totaling about $107,000.

Against Applicant

Foreign Real Estate

Other

Ethiopia

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

(d) counterintelligence information indicating unacceptable risk

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant initially came to the United States with an immigrant visa in 2006, using his Ethiopian passport. He renewed his Ethiopian passport in 2011, with an expiration date in August 2016. He last used that passport for travel in 2012, prior to obtaining his U.S. citizenship in May 2013, and U.S. passport in May 2014. He retained the expired Ethiopian passport in case it might be needed for identification or another purpose. He testified that Ethiopia does not recognize dual citizenship, and he has no intention of applying for another Ethiopian passport.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant initially came to the United States with an immigrant visa in 2006, using his Ethiopian passport. He renewed his Ethiopian passport in 2011, with an expiration date in August 2016. He last used that passport for travel in 2012, prior to obtaining his U.S. citizenship in May 2013, and U.S. passport in May 2014. He retained the expired Ethiopian passport in case it might be needed for identification or another purpose. He testified that Ethiopia does not recognize dual citizenship, and he has no intention of applying for another Ethiopian passport.

For Applicant

Foreign Passport Possession or Use

Admitted

—

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Credited

Other

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION