ISCR Case 07-14082.h1

Case Headnote

ISCR Case No. 07-14082.h1

deniedJul 1, 2007· Hon. Mary E. Henry· hearing

Summary

A 58-year-old U.S. citizen, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The administrative judge cited a heightened risk of foreign exploitation and potential vulnerability to pressure from Iranian authorities, given Iran's designation as a state sponsor of terrorism.

The Statement of Reasons highlighted several allegations, including that contact with family in Iran creates a heightened risk of foreign exploitation, manipulation, or coercion, and that such connections could create a conflict of interest regarding sensitive information. While the applicant did not provide financial support to family in Iran, and they were not known to be exploited or approached by the Iranian government, the core concern remained.

The denial was based on the applicant's family ties in Iran, recent travel to the country, and ongoing communication with family members there. These factors, combined with Iran's hostile relationship with the U.S., were deemed to create an unacceptable security risk. Disqualifying conditions under AG ¶ 7(a) and AG ¶ 7(b) were raised, and mitigating conditions under AG ¶ 8(a) and AG ¶ 8(b) were applied, but ultimately did not overcome the security concerns.

Why the Applicant Was Denied

The applicant has family members who are citizens and residents of Iran, raising concerns of foreign influence.
The applicant's recent travel to Iran and ongoing communication with family members in Iran create a heightened risk of foreign exploitation.
Iran's status as a state sponsor of terrorism and its hostile relationship with the U.S. contribute to the security concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that his relationships with family members in Iran would not create a conflict of interest.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's ties to family in Iran were deemed significant enough to pose a potential conflict.

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 issuedNov 30, 2007
Answer filedDec 20, 2007
Hearing heldMar 26, 2009
Decision dateApr 9, 2009

Cite For

Foreign Influence Due to Family Ties Under Guideline B
Heightened Risk of Foreign Exploitation From Contacts in Iran
Impact of Foreign Government Relations 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
1.a	Contact with family members in Iran creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(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	Claimed Other
1.b	Connections to a foreign person, group, government, or country create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
1.c	Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(d) counterintelligence information indicating unacceptable risk	—	—
1.d	The applicant's family relationships create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	The applicant does not provide any financial support to his family members in Iran.	For Applicant	Parent in Foreign Country Immediate Family	Iran	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.f	The applicant's family members in Iran are not in a position to be exploited.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.g	The applicant's family members in Iran have not been approached by the Iranian government or an agent of the Iranian government.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.h	The applicant's family members in Iran do not know what type of work he does.	For Applicant	Parent in Foreign Country Immediate Family	Iran	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.i	The applicant does not own property or have bank accounts in Iran.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact with family members in Iran creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(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

Claimed

Other

1.b

Connections to a foreign person, group, government, or country create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

1.c

Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

(d) counterintelligence information indicating unacceptable risk

—

1.d

The applicant's family relationships create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.e

The applicant does not provide any financial support to his family members in Iran.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

Admitted

—

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

Claimed

Other

1.f

The applicant's family members in Iran are not in a position to be exploited.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.g

The applicant's family members in Iran have not been approached by the Iranian government or an agent of the Iranian government.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.h

The applicant's family members in Iran do not know what type of work he does.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

Admitted

—

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

Claimed

Other

1.i

The applicant does not own property or have bank accounts in Iran.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

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

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The applicant has not voted in any foreign elections.	For Applicant	Foreign Voting	Admitted	—	—	—
2.b	The applicant has not accepted any foreign benefits or education.	For Applicant	Foreign Benefits or Education	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The applicant has not voted in any foreign elections.

For Applicant

Foreign Voting

Admitted

—

2.b

The applicant has not accepted any foreign benefits or education.

For Applicant

Foreign Benefits or Education

Admitted

—

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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

FOOTNOTES