ISCR Case 08-00155.h1

Case Headnote

ISCR Case No. 08-00155.h1

deniedFeb 23, 2009· Hon. Philip S. Howe· hearing

Summary

A 60-year-old naturalized U.S. citizen, originally from Jordan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained dual Jordanian and U.S. citizenship, possessed a current Jordanian passport, and had significant family ties and financial interests in Jordan. These factors raised questions about potential foreign influence and divided loyalties.

Specific allegations included contact with foreign family members and associates creating a heightened risk of exploitation, connections to a foreign country creating a potential conflict of interest, and substantial foreign business or financial interests. The applicant was also cited for failing to report associations with foreign nationals and for possessing and using a foreign passport.

The denial was based on the applicant's continued maintenance of a Jordanian passport and dual citizenship, which indicated a preference for a foreign country. Additionally, the applicant's substantial financial interests in Jordan were deemed to pose a risk of foreign influence and exploitation, and the applicant failed to disclose foreign contacts and interests on security clearance applications.

Why the Applicant Was Denied

The applicant maintained a Jordanian passport and dual citizenship, indicating a preference for a foreign country over the U.S.
The applicant's substantial financial interests in Jordan posed a risk of foreign influence and exploitation.
The applicant failed to disclose foreign contacts and interests on security clearance applications.

Conditions Referenced

Disqualifying

C10(a)(1)raisedPossession of a Current Foreign Passport
C10(a)(5)raisedUsing Foreign Citizenship to Protect Financial or Business Interests
B7(a)raisedContact with a Foreign Family Member
B7(d)raisedSharing Living Quarters with a Dual Citizen Spouse
B8(a)raisedSubstantial Business or Financial Interests in a Foreign Country

Mitigating

C11(a)rejectedDual Citizenship Based Solely on Parents' CitizenshipNot applicable as the applicant continues to possess and use his Jordanian passport.
B8(b)rejectedMinimal Conflict of Interest Due to Long-standing U.S. TiesCounterbalanced by the applicant's failure to disclose foreign interests and passport.

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 issuedAug 13, 2008
Answer filedSep 25, 2008
Hearing heldDec 17, 2008
Decision dateFeb 23, 2009

Cite For

Foreign Preference Concerns Under Guideline C
Foreign Influence Risks Due to Family Ties and Financial Interests
Disclosure Obligations Regarding Foreign Contacts and Citizenship Status

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
2.a	Contact 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.	Against Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Connections 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.	Against Applicant	Unspecified Foreign Relationship Other	Jordan HEIGHTENED RISK	Denied	(b) connections creating a potential conflict of interest	—	—
2.c	Counterintelligence information, that may be classified, indicates that the individual's access to protected information may involve unacceptable risk to national security.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(c) failure to report or disclose association with a foreign person/group/government	—	—
2.d	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	Cohabitation with Foreign National Cohabitant	Jordan HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	—	—
2.e	A 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.	Against Applicant	Foreign Real Estate Financial or Property Interest	Jordan HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
2.f	Failure to report, when required, association with a foreign national.	Against Applicant	Failure to Disclose Foreign Association Other	—	Unknown	(f) substantial foreign business, financial, or property interests	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact 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.

Against Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

—

2.b

Connections 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.

Against Applicant

Unspecified Foreign Relationship

Other

Jordan

HEIGHTENED RISK

Denied

(b) connections creating a potential conflict of interest

—

2.c

Counterintelligence information, that may be classified, indicates that the individual's access to protected information may involve unacceptable risk to national security.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

(c) failure to report or disclose association with a foreign person/group/government

—

2.d

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

Cohabitation with Foreign National

Cohabitant

Jordan

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

—

2.e

A 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.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Jordan

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

2.f

Failure to report, when required, association with a foreign national.

Against Applicant

Failure to Disclose Foreign Association

Other

—

Unknown

(f) substantial foreign business, financial, or property interests

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Possession of a current foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Using foreign citizenship to protect financial or business interests in another country.	Against Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	specific text not stated in this decision	Against Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Possession of a current foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

1.b

Using foreign citizenship to protect financial or business interests in another country.

Against Applicant

Foreign Benefits or Education

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

1.c

specific text not stated in this decision

Against Applicant

Unspecified Foreign Preference

Unknown

—

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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