Summary
The applicant, a 36-year-old former U.S. Marine Corps sergeant, sought a security clearance under Guideline B (Foreign Influence) due to his marriage to a Chinese national and financial ties to her family in China. The judge denied the application, citing the heightened risk of foreign influence and the applicant's insufficient ties to the U.S. to mitigate these concerns.
Under Guideline B (Foreign Influence), 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 judge applied mitigating conditions AG ¶ 8(e). The decision turned on the following: The applicant has significant ties to a foreign national from a country known for targeting U.S. interests; He provided financial support to his wife's family in China, indicating a potential conflict of interest; The applicant failed to report his cohabitation with a foreign national in a timely manner.
Why the Applicant Was Denied
- The applicant has significant ties to a foreign national from a country known for targeting U.S. interests.
- He provided financial support to his wife's family in China, indicating a potential conflict of interest.
- The applicant failed to report his cohabitation with a foreign national in a timely manner.
Conditions Referenced
- AG ¶ 7(a)appliedContact with a Foreign Family Member
- AG ¶ 7(b)appliedConnections to a Foreign Person
- AG ¶ 7(d)appliedSharing Living Quarters with a Foreign National
- AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements
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 issuedMay 5, 2009Applicant received SOR on May 17, 2009.
- Answer filedJun 1, 2009Applicant requested a decision without a hearing.
- Hearing held—No hearing was held.
- Decision dateSep 17, 2009
Cite For
- Heightened Risk of Foreign Influence Due to Ties with a Foreign National
- Failure to Report Foreign Relationships in a Timely Manner
- Financial Obligations to Foreign Relatives as a Disqualifying Factor