Summary
The applicant, a 42-year-old systems architect manager for a defense contractor, faced security concerns under Guideline B due to foreign influence stemming from family ties in the West Bank and Jordan. Despite his strong performance at work and U.S. citizenship, the judge found that the applicant's close relationships with family members in regions with ongoing conflict and potential for coercion raised significant security risks, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's contact with his family in the Middle East raises security concerns under Foreign Influence Disqualifying Conditions (FI DC) AG ¶ 7(a) (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); and FI DC AG ¶ 7(b) (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). Applicant does not have the same level of contact with his wife's family members who are citizens and residents of Columbia because they do not speak the same language. He sees his in-laws only when they visit the United States. However, his wife has a close relationship with her mother and siblings in Columbia. His wife's relationship with her family raises FC DC AG ¶ 7(d) (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.d).
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(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant admitted to having extensive contact with family members in the West Bank and Jordan, which raised security concerns under foreign influence; The applicant's family ties in regions with ongoing conflict and human rights abuses created a heightened risk of foreign exploitation and coercion.
Why the Applicant Was Denied
- The applicant admitted to having extensive contact with family members in the West Bank and Jordan, which raised security concerns under foreign influence.
- The applicant's family ties in regions with ongoing conflict and human rights abuses created a heightened risk of foreign exploitation and coercion.
Conditions Referenced
- AG ¶ 7(a)raisedContact with a Foreign Family MemberContact with family members in the West Bank and Jordan creates a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to a Foreign PersonConnections to family in the West Bank and Jordan create a potential conflict of interest.
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign PersonsThe applicant's wife has a close relationship with her family in Columbia, which raises security concerns.
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family members do not mitigate the security concerns due to the nature of the regions involved.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's ties to family in conflict regions were deemed significant enough to pose a risk.
- AG ¶ 8(c)rejectedCasual or Infrequent ContactThe applicant's frequent communication with family members was not considered casual or infrequent.
Key Rule Quoted
“The mere existence of a foreign family member is not sufficient to raise the above disqualifying conditions.”
Procedural Posture
- SOR issuedSep 17, 2009
- Answer filedOct 5, 2009
- Hearing heldMar 10, 2010
- Decision dateMay 26, 2010
Cite For
- Security Concerns Related to Foreign Influence Under Guideline B
- Impact of Family Ties in Conflict Regions on Security Clearance Eligibility
- Consideration of the Nature and Extent of Foreign Contacts in Security Clearance Decisions