ISCR Case 07-16765.h1

Case Headnote

ISCR Case No. 07-16765.h1

deniedNov 12, 2008· Hon. Joan Caton Anthony· hearing

Summary

A 55-year-old U.S. citizen, originally from Iraq, was denied a security clearance under Guideline B (Foreign Influence) due to significant family ties in Iraq and Syria. The applicant has eight brothers and one sister who are citizens and residents of northern Iraq. He provides infrequent financial assistance to his siblings, including a recent payment of less than $300 to one brother. He returned to Iraq twice, in 1992 and 2005, the latter trip to visit his ill mother during the Iraq war.

The applicant's wife, a U.S. citizen employed by a U.S. government agency without a security clearance, has parents who are citizens and residents of Syria. Her father, approximately 80 years old, owns farmland and has a U.S. Social Security card. The wife sponsored her parents for permanent registered alien status, and they visited the couple yearly from 2000 to 2003 or 2004, residing in their home. The wife communicates with her parents by telephone, and they have expressed complaints about the Syrian government.

Despite the applicant's efforts to mitigate concerns, the judge found that his connections to family members in Iraq and Syria posed a heightened risk of foreign exploitation, manipulation, or coercion. The applicant admitted to all allegations under Guideline B, acknowledging his foreign national connections, and his financial assistance to siblings in Iraq was seen as a potential conflict of interest. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant's family ties in Iraq and Syria created a heightened risk of foreign exploitation, manipulation, or coercion.
The applicant admitted to all allegations under Guideline B, acknowledging his connections to foreign nationals.
The applicant's financial assistance to his siblings in Iraq indicated a potential conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersContact with family members in Iraq creates a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to family in Iraq and Syria create potential conflicts of interest.
AG ¶ 7(d)notedSharing Living Quarters

Mitigating

AG ¶ 8(a)rejectedNature of RelationshipsThe applicant's relationships with foreign family members were deemed to pose a risk.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's financial support to his siblings indicated a significant conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contact with family members was not considered casual or infrequent.

Key Rule Quoted

“Foreign contacts and interests may be a security concern if the individual has divided loyalties or foreign financial interests, may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest.”

Procedural Posture

SOR issuedApr 22, 2008
Answer filedJul 21, 2008
Hearing heldSep 30, 2008
Decision dateNov 12, 2008

Cite For

Heightened Risk of Foreign Exploitation Due to Family Ties Under Guideline B
Impact of Financial Assistance to Foreign Relatives on Security Clearance Eligibility
Consideration of Foreign Influence 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
1.a	Applicant has one sister and eight brothers who are residents and citizens of Iraq. Most of Applicant’s siblings were little children when he left Iraq in 1974. All live in the north of Iraq. Applicant does not communicate regularly with his siblings because many of them have no stable work and want his financial help. He cannot afford to help them. Recently, one of Applicant’s brothers contacted him and asked for money. Applicant arranged for the brother to receive less than $300.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	—
1.c	Applicant’s wife became a U.S. citizen in 1992. She is employed by a U.S. government agency but does not have a security clearance. Her father and mother are citizens and residents of Syria. Applicant’s father-in-law is approximately 80 years old. He owns farm land, rents it to tenants, and shares the profits with them. Applicant’s wife sponsored her parents for permanent registered alien status. Applicant’s father-in-law has a U.S. Social Security card. From 2000 to about 2003 or 2004, Applicant’s wife’s parents visited Applicant and his wife yearly and resided in Applicant’s home when they visited them. Applicant’s wife speaks with her parents by telephone, but Applicant does not know how often she communicates with her parents. He thinks his wife might speak with her parents about every two months. Applicant’s in-laws complain of poor treatment by the government of Syria.	For Applicant	In Law in Foreign Country Immediate Family	Syria HEIGHTENED RISK	Admitted	—	—	—
1.d	Since emigrating from Iraq to the United States, Applicant has returned to Iraq twice, once in 1992 and once in 2005, during the Iraq war. He traveled with his young son to Iraq in 2005 to visit his mother who was ill and who died shortly after his return to the United States.	Against Applicant	Unspecified Foreign Relationship Other	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has one sister and eight brothers who are residents and citizens of Iraq. Most of Applicant’s siblings were little children when he left Iraq in 1974. All live in the north of Iraq. Applicant does not communicate regularly with his siblings because many of them have no stable work and want his financial help. He cannot afford to help them. Recently, one of Applicant’s brothers contacted him and asked for money. Applicant arranged for the brother to receive less than $300.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

1.c

Applicant’s wife became a U.S. citizen in 1992. She is employed by a U.S. government agency but does not have a security clearance. Her father and mother are citizens and residents of Syria. Applicant’s father-in-law is approximately 80 years old. He owns farm land, rents it to tenants, and shares the profits with them. Applicant’s wife sponsored her parents for permanent registered alien status. Applicant’s father-in-law has a U.S. Social Security card. From 2000 to about 2003 or 2004, Applicant’s wife’s parents visited Applicant and his wife yearly and resided in Applicant’s home when they visited them. Applicant’s wife speaks with her parents by telephone, but Applicant does not know how often she communicates with her parents. He thinks his wife might speak with her parents about every two months. Applicant’s in-laws complain of poor treatment by the government of Syria.

For Applicant

In Law in Foreign Country

Immediate Family

Syria

HEIGHTENED RISK

Admitted

—

1.d

Since emigrating from Iraq to the United States, Applicant has returned to Iraq twice, once in 1992 and once in 2005, during the Iraq war. He traveled with his young son to Iraq in 2005 to visit his mother who was ill and who died shortly after his return to the United States.

Against Applicant

Unspecified Foreign Relationship

Other

Iraq

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

—

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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