Summary
The applicant, a 47-year-old telecommunications engineer, sought a security clearance under Guideline B due to foreign influence concerns stemming from family ties in Morocco and the UAE. The judge found that the applicant mitigated these concerns through his strong ties to the U.S. and minimal risk of foreign exploitation, ultimately granting the clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother and step-sister are citizens and residents of Morocco (1.a). His wife and son are United States born citizens living in the United Arab Emirates (UAE) (1.b). He has had limited contact with his step-siblings (1.c). He has almost no contact with his deceased father’s spouse, children, or sisters (1.d). His connections to his mother, step-sister, wife, and son create a potential conflict of interest (1.e). He has received emails from a step-brother and step-sister informing him of each of their marriages (1.f). He talks with his step-father when he visits Morocco (1.g). He has had four emails with his father’s sister (1.h). He has no communication with his step-mother (1.i). He has no bond with his step-father (1.j). He has no contact with his father’s sisters (1.k). He has limited contact with his step-siblings (1.l).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(f). The decision turned on the following: The applicant demonstrated strong professional conduct and dedication to his work, supported by positive testimonials from supervisors and co-workers; The applicant's relationships with foreign family members were deemed unlikely to create a conflict of interest or risk of exploitation due to their minimal nature and the lack of ties to the Moroccan government; The applicant's frequent communication with his mother and step-sister was not sufficient to establish a heightened risk of foreign influence.
Why the applicant prevailed
- The applicant demonstrated strong professional conduct and dedication to his work, supported by positive testimonials from supervisors and co-workers.
- The applicant's relationships with foreign family members were deemed unlikely to create a conflict of interest or risk of exploitation due to their minimal nature and the lack of ties to the Moroccan government.
- The applicant's frequent communication with his mother and step-sister was not sufficient to establish a heightened risk of foreign influence.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)notedSharing Living Quarters with Foreign Persons
- AG ¶ 7(e)notedSubstantial Business or Financial Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
- AG ¶ 8(f)notedValue of Foreign Property Interests Unlikely to Result in Conflict
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 26, 2010
- Answer filedMar 1, 2010
- Hearing heldAug 17, 2010
- Decision dateDec 20, 2010
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Evaluating Foreign Contacts
- Consideration of the Nature and Frequency of Foreign Relationships in Security Clearance Decisions.