ISCR Case 07-11593.h1

Case Headnote

ISCR Case No. 07-11593.h1

grantedSep 23, 2008· Hon. Charles D. Ablard· hearing

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

Disqualifying

AG ¶ 7araisedContact with Foreign Family Members
AG ¶ 7eraisedSubstantial Business Interest in a Foreign Company

Mitigating

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

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	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
2.b	Applicant has one brother who is a citizen of and resides in the Philippines. He has two sisters who are also Philippine citizens. One sister resides in Norway and the other one lived in the U.S. until 2007 and then returned to the Philippines. His mother-in-law is also a citizen of the Philippines but resides in the U.S.	For Applicant	Sibling in Foreign Country Immediate Family	Philippines	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	He and his siblings have a joint interest in a family home in the Philippines valued at approximately $250,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Philippines	Unknown	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d–2.e	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—
2.f	He traveled to the Philippines in 2001, 2005, and 2006 primarily in connection with planning and construction of the plant which was completed in 2006.	For Applicant	Unspecified Foreign Relationship Other	Philippines	Unknown	—	—	—
2.g	Applicant helped organize and design a plant for a company his wife and her brother now own. Applicant organized the company in 2002 with some university classmates to manufacture an environmental product for use in water and air purification. In August 2006 he sold his interest in the company to his wife.	For Applicant	Business Associate in Foreign Country Business or Professional Associate	Philippines	Unknown	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

2.b

Applicant has one brother who is a citizen of and resides in the Philippines. He has two sisters who are also Philippine citizens. One sister resides in Norway and the other one lived in the U.S. until 2007 and then returned to the Philippines. His mother-in-law is also a citizen of the Philippines but resides in the U.S.

For Applicant

Sibling in Foreign Country

Immediate Family

Philippines

Unknown

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

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

—

2.c

He and his siblings have a joint interest in a family home in the Philippines valued at approximately $250,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Philippines

Unknown

(e) shared living quarters creating a heightened risk

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

—

2.d–2.e

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

2.f

He traveled to the Philippines in 2001, 2005, and 2006 primarily in connection with planning and construction of the plant which was completed in 2006.

For Applicant

Unspecified Foreign Relationship

Other

Philippines

Unknown

—

2.g

Applicant helped organize and design a plant for a company his wife and her brother now own. Applicant organized the company in 2002 with some university classmates to manufacture an environmental product for use in water and air purification. In August 2006 he sold his interest in the company to his wife.

For Applicant

Business Associate in Foreign Country

Business or Professional Associate

Philippines

Unknown

(e) shared living quarters creating a heightened risk

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Before becoming a citizen he held a passport of the Philippines which did not expire until March 2009 (SOR ¶ 1.a.). He has destroyed the passport (Attachment to Answer) and does not intend to apply for a new one.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Before becoming a citizen he held a passport of the Philippines which did not expire until March 2009 (SOR ¶ 1.a.). He has destroyed the passport (Attachment to Answer) and does not intend to apply for a new one.

For Applicant

Foreign Passport Possession or Use

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Credited

Other

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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