Summary
A 48-year-old civil engineer, originally from the Philippines, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the applicant had a brother and two sisters who are Philippine citizens, with one sister residing in Norway and the other in the Philippines. His mother-in-law is also a Philippine citizen but resides in the U.S. The applicant and his siblings jointly owned a family home in the Philippines valued at approximately $250,000.
Further concerns included the applicant's past travels to the Philippines in 2001, 2005, and 2006 for the planning and construction of a plant. He had organized and designed this plant for a company he co-founded in 2002 with university classmates to manufacture an environmental product. He sold his interest in this company to his wife in August 2006; his wife and her brother now own the company. Additionally, before becoming a U.S. citizen, the applicant held a Philippine passport that was valid until March 2009.
The applicant mitigated these concerns by destroying his Philippine passport and stating he does not intend to apply for a new one. He demonstrated strong ties to the U.S. and a commitment to national interests. A senior corporate officer confirmed that his family members' interests in the foreign company did not conflict with his U.S. employment. Based on his credible testimony and the absence of significant national security risk, the security clearance was granted.
Why the Applicant Prevailed
- The applicant destroyed his Philippine passport and has no intention of applying for a new one.
- The applicant's family members' interests in a foreign company do not conflict with his work for a U.S. employer, as confirmed by a senior corporate officer.
- The applicant demonstrated strong ties to the U.S. and a commitment to national interests.
Conditions Referenced
- AG ¶ 7araisedContact with Foreign Family Members
- AG ¶ 7eraisedSubstantial Business Interest in a Foreign Company
- AG ¶ 11appliedPassport Has Been Destroyed
- AG ¶ 8aappliedNature of Relationships with Foreign Persons Mitigates Risk
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 28, 2008
- Answer filedApr 3, 2008
- Hearing heldJul 25, 2008
- Decision dateSep 23, 2008
Cite For
- Mitigation of Foreign Preference Concerns Through Destruction of Foreign Passport
- Mitigation of Foreign Influence Concerns Based on Family Ties to a U.S. Ally
- Consideration of the Whole Person Concept in Security Clearance Decisions