Summary
The applicant, a 66-year-old test technician and naturalized U.S. citizen originally from Egypt, faced security concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). While he mitigated concerns under Guideline B regarding foreign influence, he failed to mitigate the concerns under Guideline C related to his retention of Egyptian citizenship and military retirement pay. Consequently, his application for a security clearance was denied.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The applicant's spouse is a dual citizen of Egypt and Canada and resides with him in the U.S (1.a). The applicant's brother is a dual citizen of Egypt and the U.S. and resides in the U.S (1.b). The applicant's two sisters are citizens and residents of Egypt (1.c). The applicant receives military retirement pay from Egypt based on his service in the Egyptian army (1.d). The applicant owns an apartment in Egypt (1.e). The applicant traveled to Egypt in at least or after March 2007 (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a). The decision turned on the following: The applicant retained his Egyptian citizenship and military retirement pay, which posed a potential conflict of interest; He has family members in Egypt, including sisters and a mother-in-law, which raised concerns about foreign influence and coercion.
Why the Applicant Was Denied
- The applicant retained his Egyptian citizenship and military retirement pay, which posed a potential conflict of interest.
- He has family members in Egypt, including sisters and a mother-in-law, which raised concerns about foreign influence and coercion.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Government
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that his relationships with family members in Egypt would not place him in a position of conflict.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedMar 6, 2008
- Answer filedMar 17, 2008Applicant requested an administrative determination without a hearing.
- Hearing heldJun 17, 2008
- Decision dateAug 26, 2008
Cite For
- Denial of Security Clearance Due to Foreign Influence Under Guideline B
- Failure to Mitigate Foreign Preference Concerns Under Guideline C
- Impact of Foreign Family Ties on Security Clearance Eligibility