ISCR Case 07-18831.h1

Case Headnote

ISCR Case No. 07-18831.h1

grantedOct 31, 2008· Hon. Thomas M. Crean· hearing

Summary

This case involved a 41-year-old interpreter/translator for defense contractors whose eligibility for a security clearance was reviewed under Guideline B (Foreign Influence). Concerns arose from the applicant's family connections in the UAE and Iraq, as detailed in the Statement of Reasons.

Specifically, the applicant's mother, four brothers, and two sisters were identified as Iraqi citizens residing in the UAE, with two additional sisters and their husbands being UAE citizens and residents. The applicant also maintained contact with a childhood friend, a UAE citizen, resident, and officer in the UAE Air Force. The applicant admitted to traveling to the UAE in 2005 and 2007.

Despite these connections, the judge found that the applicant's family members were effectively stateless, having emigrated from Iraq to the UAE in 1974 and maintaining no current contact with Iraq. This, combined with the finding that the applicant's foreign contacts did not pose a heightened risk of foreign exploitation, led to the application of mitigating conditions. Ultimately, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant's family members are effectively stateless and have not been to Iraq since 1974.
The applicant has no contact or connection to any persons currently in Iraq.
The applicant's foreign contacts do not create a heightened risk of foreign exploitation.

Conditions Referenced

Disqualifying

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
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

Mitigating

AG ¶ 8(a)appliedThe Individual’s Connections to the Foreign Country Are Not Sufficient to Create a Heightened Risk of Foreign Influence
AG ¶ 8(b)appliedThe Individual Has Not Engaged in Any Illegal Activity or Conduct That Would Raise Security Concerns

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMay 19, 2008
Answer filedMay 27, 2008
Hearing heldOct 9, 2008
Decision dateOct 31, 2008

Cite For

Mitigation of Foreign Influence Concerns Due to Family Status
Consideration of the Totality of Foreign Contacts
Impact of Statelessness on 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 admits his mother, four brothers, and two sisters are citizens of Iraq but residents of the UAE.	For Applicant	Parent in Foreign Country Immediate Family	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.b	He admits that two sisters and their husbands are citizens and residents of the UAE.	For Applicant	Sibling in Foreign Country Immediate Family	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.c	He admits he has a childhood friend who is a citizen and resident of the UAE, and a member of the UAE Air Force.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.d	He also admits to traveling to the UAE in 2005 and 2007.	For Applicant	Unspecified Foreign Relationship Other	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.e	Applicant has four brothers and four sisters, all residents of UAE.	For Applicant	Sibling in Foreign Country Immediate Family	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.f	Applicant's mother was born in Iraq in 1941 and lived there until she emigrated to the UAE with her children in 1974.	For Applicant	Parent in Foreign Country Immediate Family	Iraq	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.g	Applicant's boyhood friend is a pilot and officer in the UAE Air Force.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	UAE	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant admits his mother, four brothers, and two sisters are citizens of Iraq but residents of the UAE.

For Applicant

Parent in Foreign Country

Immediate Family

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.b

He admits that two sisters and their husbands are citizens and residents of the UAE.

For Applicant

Sibling in Foreign Country

Immediate Family

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.c

He admits he has a childhood friend who is a citizen and resident of the UAE, and a member of the UAE Air Force.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.d

He also admits to traveling to the UAE in 2005 and 2007.

For Applicant

Unspecified Foreign Relationship

Other

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.e

Applicant has four brothers and four sisters, all residents of UAE.

For Applicant

Sibling in Foreign Country

Immediate Family

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.f

Applicant's mother was born in Iraq in 1941 and lived there until she emigrated to the UAE with her children in 1974.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.g

Applicant's boyhood friend is a pilot and officer in the UAE Air Force.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

UAE

Admitted

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

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

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