ISCR Case 10-00346.h1

Case Headnote

ISCR Case No. 10-00346.h1

grantedJul 1, 2010· Hon. Robert E. Coacher· hearing

Summary

A 30-year-old U.S.-born defense contractor, whose parents are Lebanese, was granted a security clearance under Guideline B (Foreign Influence). The Statement of Reasons (SOR) raised concerns due to the applicant's extensive family in Lebanon, including her mother, grandmother, brother, two sisters, two brothers-in-law, a sister-in-law, and a friend. Additionally, the applicant owned real estate investments and co-owned an apartment in Lebanon.

However, the SOR also noted that none of the applicant's family members held political office or were employed by the Lebanese government. Her mother is a homemaker, and her brother is a U.S.-educated biology professor at a private university in Lebanon. The applicant's husband is a naturalized U.S. citizen with a successful medical practice.

The judge granted the clearance, finding that the applicant demonstrated deep and longstanding relationships and loyalties in the United States. Her financial interests in Lebanon were minimal compared to her substantial U.S. assets, and her family members in Lebanon had no political affiliations or government employment. These factors mitigated concerns about divided loyalties or foreign exploitation.

Why the Applicant Prevailed

Applicant has deep and longstanding relationships and loyalties in the United States.
The applicant's family members in Lebanon have no political affiliations or government employment.
The applicant's financial interests in Lebanon are minimal compared to her substantial assets in the United States.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(e)raisedSubstantial Business Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Foreign Interests Is Minimal

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedJul 26, 2010
Answer filedAug 20, 2010
Hearing held—Decided on written record
Decision date—Decision issued on November 8, 2010

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Established Ties to the U.S. in Security Clearance Cases
Consideration of Family Members' Political Affiliations in Foreign Influence Cases

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	Applicant's mother, grandmother, brother, two sisters, two brothers-in-law, a sister-in-law, and a friend are residents of Lebanon.	For Applicant	Extended Family in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other
1.b	Applicant owns real estate investments and co-owns an apartment in Lebanon.	For Applicant	Foreign Real Estate Financial or Property Interest	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other
1.c	Applicant's family members have never held political office or been employed by the Lebanese government.	For Applicant	Unspecified Foreign Relationship Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other
1.d	Applicant's mother is a homemaker who cares for Applicant’s elderly grandmother.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other
1.e	Applicant's brother is a United States educated professor of biology employed by a private university in Lebanon.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other
1.f	Applicant's husband is a naturalized United States citizen and has a thriving medical practice.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother, grandmother, brother, two sisters, two brothers-in-law, a sister-in-law, and a friend are residents of Lebanon.

For Applicant

Extended Family in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

1.b

Applicant owns real estate investments and co-owns an apartment in Lebanon.

For Applicant

Foreign Real Estate

Financial or Property Interest

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

1.c

Applicant's family members have never held political office or been employed by the Lebanese government.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

1.d

Applicant's mother is a homemaker who cares for Applicant’s elderly grandmother.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

1.e

Applicant's brother is a United States educated professor of biology employed by a private university in Lebanon.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

1.f

Applicant's husband is a naturalized United States citizen and has a thriving medical practice.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

Claimed

Other

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES