ISCR Case 08-12140.h1

Case Headnote

ISCR Case No. 08-12140.h1

grantedSep 30, 2009· Hon. Roger C. Wesley· hearing

Summary

A 38-year-old senior staff software engineer was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant's spouse and daughter are dual citizens of the U.S. and Brazil and reside in Brazil. Additionally, his mother-in-law and father-in-law are dual citizens of Brazil and Portugal, reside in Brazil, and his father-in-law is a high-ranking officer in the Brazilian Army. These conditions raised Disqualifying Condition ¶ 7(a).

However, the judge applied Mitigating Conditions ¶ 8(a), ¶ 8(b), and ¶ 8(e). It was determined that the applicant had limited and infrequent contact with his in-laws, and none of them had affiliations with Brazilian intelligence or military organizations. Furthermore, Brazil was identified as a non-hostile trading partner.

Ultimately, the applicant demonstrated loyalty to the U.S. and complied with all reporting requirements concerning his in-laws. These factors led to the conclusion that the risks associated with foreign influence were mitigated, and the security clearance was granted.

Why the Applicant Prevailed

The applicant's limited and infrequent contact with his in-laws mitigated potential foreign influence risks.
None of the applicant's in-laws have affiliations with Brazilian intelligence or military organizations.
The applicant demonstrated loyalty to the U.S. and complied with reporting requirements regarding his in-laws.

Conditions Referenced

Disqualifying

DC ¶ 7(a)raisedContact with a Foreign Family MemberThe applicant's in-laws residing in Brazil presented potential heightened security risks.

Mitigating

MC ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with his in-laws are unlikely to place him in a position of divided loyalties.
MC ¶ 8(b)appliedNo Conflict of InterestThe applicant's loyalty to the U.S. outweighs any potential conflicts with his in-laws.
MC ¶ 8(e)appliedCompliance with Reporting RequirementsThe applicant promptly informed his FSO of his father-in-law's military status and would report any inquiries.

Key Rule Quoted

“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedApr 6, 2009
Answer filedMay 7, 2009
Hearing heldJun 30, 2009
Decision dateSep 30, 2009

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Infrequent Contact with Foreign Relatives
Consideration of Country Relations in Security Clearance Decisions

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
1.a	has a spouse and daughter who are dual citizens of the U.S. and Brazil and reside in Brazil	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Brazil LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Other
1.b	has a mother-in-law who is a dual citizen of Brazil and Portugal and resides in Brazil	For Applicant	In Law in Foreign Country Immediate Family	Brazil LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Other
1.c	has a father-in-law who is a dual citizen of Brazil and Portugal and resides in Brazil	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Brazil LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Other
1.d	has a father-in-law who is a high-ranking officer in the Brazilian Army	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Brazil LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Other
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

has a spouse and daughter who are dual citizens of the U.S. and Brazil and reside in Brazil

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Brazil

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Other

1.b

has a mother-in-law who is a dual citizen of Brazil and Portugal and resides in Brazil

For Applicant

In Law in Foreign Country

Immediate Family

Brazil

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Other

1.c

has a father-in-law who is a dual citizen of Brazil and Portugal and resides in Brazil

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Brazil

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Other

1.d

has a father-in-law who is a high-ranking officer in the Brazilian Army

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Brazil

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Other

1.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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

CONCLUSION