Summary
A 47-year-old president of a defense contractor, with a history of security clearances, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his wife's Thai citizenship and U.S. permanent residency, her family residing in Thailand, and her ownership of property there. Additionally, the applicant held joint bank accounts in Thailand totaling $9,000, and his wife's family members were identified as farmers. The applicant also has a daughter born in the U.S.
Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied. The judge determined that the applicant's strong ties to the U.S. and the specific nature of his wife's family relationships addressed the concerns.
The clearance was granted because the applicant had a long history of security clearances without violations. Furthermore, his wife and her family were found to have no ties to the Thai government or military, and the applicant's deep and longstanding relationships in the U.S. supported his loyalty to U.S. interests.
Why the Applicant Prevailed
- The applicant has a long-standing history of security clearances with no violations.
- The applicant's wife and her family do not have ties to the Thai government or military.
- The applicant's deep and longstanding relationships in the U.S. support his loyalty to U.S. interests.
Conditions Referenced
- FI DC ¶ 7(a)raisedContact with a 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 ¶ 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 DC ¶ 7(c)raisedSharing 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
- FI DC ¶ 7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country, or in Any Foreign-owned or Foreign-operated Business, Which Could Subject the Individual to Heightened Risk of Foreign Influence or Exploitation
- FI MC ¶ 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 Interests of the U.S.
- FI MC ¶ 8(b)appliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, or 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 ¶ 8(f)appliedThe Value or Routine Nature of the Foreign Business, Financial, or Property Interests Is Such That They Are Unlikely to Result in a Conflict and Could Not Be Used Effectively to Influence, Manipulate, or Pressure the Individual
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 30, 2008
- Answer filedAug 11, 2008
- Hearing heldDec 18, 2008
- Decision dateJan 23, 2009
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Ties in Evaluating Foreign Influence
- Consideration of Family Relationships in Security Clearance Decisions