Summary
The applicant, a 50-year-old systems analyst with a history of military service and a top secret security clearance, faced security concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to his close ties to foreign nationals, particularly his Chinese wife and step-son. The judge found that these relationships created a heightened risk of foreign exploitation, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: 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; (1.a). 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; (1.b). 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 (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The decision turned on the following: The applicant's close family ties to foreign nationals, particularly his Chinese wife and step-son, created a heightened risk of foreign exploitation; The applicant admitted that his foreign family placed him in an 'exploitable' position, raising concerns about his judgment and reliability; The applicant's history of seeking relationships with foreign nationals while holding security clearances further exacerbated the security concerns.
Why the Applicant Was Denied
- The applicant's close family ties to foreign nationals, particularly his Chinese wife and step-son, created a heightened risk of foreign exploitation.
- The applicant admitted that his foreign family placed him in an 'exploitable' position, raising concerns about his judgment and reliability.
- The applicant's history of seeking relationships with foreign nationals while holding security clearances further exacerbated the security concerns.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)appliedSharing Living Quarters with a Foreign National
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedJun 10, 2009
- Answer filedJul 6, 2009Applicant requested a decision without a hearing.
- Hearing heldNov 5, 2009
- Decision dateJan 29, 2010
Cite For
- Heightened Risk of Foreign Exploitation Due to Family Ties Under Guideline B
- Impact of Foreign Influence on Security Clearance Decisions
- Consideration of the Whole Person Concept in Security Clearance Evaluations