Summary
The applicant, a 29-year-old defense contractor and U.S. citizen originally from Iraq, faced security concerns under Guideline B due to foreign influence from family members residing in Iraq. Despite demonstrating loyalty and patriotism, the applicant's close ties to immediate family in Iraq, including a wife/fiancée and siblings, created a heightened risk of foreign exploitation. The administrative judge denied the application for a security clearance, concluding that the mitigating conditions were not applicable given the ongoing security concerns in Iraq.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s wife/fiancée, brother, and two sisters are citizens and residents of Iraq. His father is an Iraqi citizen. His father was granted permanent residence in the United States, but he has been in Iraq since 2006. The presence of Applicant’s immediate family members in Iraq creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. It also creates a potential conflict of interest (1.a). Applicant’s siblings in Iraq are married to Iraqi citizens. Applicant also has cousins that are Iraqi citizens and residents. Those extended family members do not create a potential conflict of interest or a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.b). There are no security concerns or disqualifying conditions raised by Applicant’s siblings who are Iraqi citizens and permanent residents of the United States (1.c). Applicant traveled to Iraq in 2005, 2007, and 2008 to visit family members. That has no independent security significance (1.d). There are no security concerns or disqualifying conditions raised by Applicant’s siblings who are Iraqi citizens and permanent residents of the United States (1.e). There are no security concerns or disqualifying conditions raised by Applicant’s siblings who are Iraqi citizens and permanent residents of the United States (1.f). Applicant has two cousins who are Iraqi citizens and residents. The cousins served in the Iraqi military and were members of the Ba’ath Party. One cousin currently serves on the Iraqi Police Force (1.g). Applicant has two cousins who are Iraqi citizens and residents. The cousins served in the Iraqi military and were members of the Ba’ath Party. One cousin currently serves on the Iraqi Police Force (1.h). Applicant has two cousins who are Iraqi citizens and residents. The cousins served in the Iraqi military and were members of the Ba’ath Party. One cousin currently serves on the Iraqi Police Force (1.i). Applicant sent about $2,000 through traditional means and about $2,000 through an alternative remittance system sometimes referred to as hawala. There is no evidence that Applicant intended to launder any money in the transactions. There are no independent Foreign Influence security concerns raised by the transactions (1.j). Applicant does not own any foreign assets. He owns a rental property in the United States. He estimated the value of his U.S. assets at $120,000. He has voted in U.S. elections (1.k). Applicant is a valued and trusted employee. Several supervisors and military personnel sent letters on his behalf attesting to his patriotism and loyalty to this country. He is praised for his trustworthiness, professionalism, dedication, honesty, and integrity. He has volunteered his time by giving speeches to help local schools and the community. The character references recommend him for a security clearance (1.l). Applicant sent about $2,000 through traditional means and about $2,000 through an alternative remittance system sometimes referred to as hawala. There is no evidence that Applicant intended to launder any money in the transactions. There are no independent Foreign Influence security concerns raised by the transactions (1.m). Applicant visited Iraq in 2005, 2007, and 2008. He traveled on his U.S. passport on each trip. In 2005, he was in Iraq for about three months and stayed with his brother (C) and his sisters (E and F) (1.n).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The decision turned on the following: The applicant has close family ties to Iraq, a country with ongoing security concerns and human rights issues; The presence of the applicant's immediate family members in Iraq creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion; The applicant did not demonstrate that mitigating conditions were applicable to alleviate the security concerns.
Why the Applicant Was Denied
- The applicant has close family ties to Iraq, a country with ongoing security concerns and human rights issues.
- The presence of the applicant's immediate family members in Iraq creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.
- The applicant did not demonstrate that mitigating conditions were applicable to alleviate the security concerns.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Contacts and InterestsThe applicant's immediate family members in Iraq create a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties create a potential conflict of interest.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 29, 2009
- Answer filedOct 29, 2009
- Hearing heldMar 11, 2010
- Decision date—
Cite For
- Security Concerns Related to Foreign Influence Under Guideline B
- Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
- Consideration of Mitigating Conditions in the Context of Ongoing Risks From Foreign Connections