Summary
A 48-year-old test and commissioning engineer, originally from Nigeria, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant has nine siblings, as well as his father-in-law and mother-in-law, who are all citizens and residents of Nigeria. While the applicant maintains contact with his siblings via telephone, he lives in the United States with his wife and possesses significant assets within the U.S.
Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied. The decision to grant the clearance was based on several factors. The applicant has been a U.S. citizen for nearly 10 years and has strong ties to the U.S., including a child who is a U.S. citizen.
Furthermore, his family members in Nigeria are ordinary citizens, with no indication of involvement in activities that could compromise U.S. interests. The applicant's minimal contact with his family in Nigeria was also noted as reducing the risk of foreign influence.
Why the Applicant Prevailed
- The applicant has been a U.S. citizen for nearly 10 years and has significant ties to the U.S., including a child who is a U.S. citizen.
- The applicant's family members in Nigeria are ordinary citizens with no indication of being involved in activities that would compromise U.S. interests.
- The applicant's minimal contact with his family in Nigeria reduces the risk of foreign influence.
Conditions Referenced
- FI DC AG ¶ 7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion
- FI DC AG ¶ 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That 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
- FI MC AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interest of the U.S.
- FI MC AG ¶ 8(b)appliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is so Minimal, or the Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest
- FI MC AG ¶ 8(c)appliedContact or Communication with Foreign Citizens Is so Casual or Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 1, 2008
- Answer filedMay 19, 2008
- Hearing heldAug 28, 2008
- Decision dateSep 10, 2008
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Mitigating Conditions Related to Foreign Family Ties
- Consideration of the Applicant's Long-standing Ties to the U.S.