ISCR Case 10-01732.h1

Case Headnote

ISCR Case No. 10-01732.h1

grantedMar 22, 2012· Hon. Jennifer I. Goldstein· hearing

Summary

A 59-year-old defense contractor was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed several foreign contacts and assets. These included his father, an aunt, an uncle, and three cousins, all citizens and residents of a foreign nation (FN). His sister travels between the U.S. and FN to care for their father. Additionally, a college friend is now a senior government official in FN.

The applicant also owned a plot of undeveloped land in FN valued under $20,000 and a condominium under construction in another foreign nation (FN2). He had previously owned and sold a condo in FN and had sent money to his parents through his sister when his mother was alive. Disqualifying conditions under Guideline B, paragraphs 7(a), 7(b), and 7(e), were raised.

However, mitigating conditions under paragraphs 8(a), 8(b), and 8(c) were applied. The applicant has resided in the U.S. for over 40 years as a naturalized citizen and has maintained a security clearance for over 27 years without incident while employed by a defense contractor. His immediate family is established in the U.S., and he identifies solely as American, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant has lived in the U.S. for over 40 years and is a naturalized citizen.
He has a long history of employment with a defense contractor and has held a security clearance for over 27 years without incident.
The applicant's immediate family is firmly established in the U.S., and he views himself as solely American.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in FN, which creates a potential risk of foreign influence.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family in FN could create a potential conflict of interest.
AG ¶ 7(e)raisedSubstantial Business or Financial Interests in a Foreign CountryThe applicant owns property in FN and FN2, which could subject him to foreign influence.

Mitigating

AG ¶ 8(a)appliedThe Nature of the Foreign ContactsThe applicant's family members in FN are not involved in government or military activities.
AG ¶ 8(b)appliedThe Applicant's Ties to the U.S.The applicant has strong ties to the U.S. and has demonstrated a commitment to national security.
AG ¶ 8(c)appliedThe Applicant's Compliance with Security MeasuresThe applicant has consistently adhered to security protocols and requirements for foreign travel.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedAug 12, 2011
Answer filedSep 7, 2011
Hearing heldJan 23, 2012
Decision dateMar 22, 2012

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Consideration of Family Members' Status in Foreign Nations in Security Clearance Evaluations

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 father is a citizen and resident of FN.	For Applicant	Parent in Foreign Country Immediate Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant has one sister who travels between the United States and FN in order to care for Applicant’s father.	For Applicant	Sibling in Foreign Country Immediate Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant has an aunt that is a citizen and resident of FN.	For Applicant	Extended Family in Foreign Country Extended Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant has one uncle who is a citizen and resident of FN.	For Applicant	Extended Family in Foreign Country Extended Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant has three cousins that are citizens and residents of FN.	For Applicant	Extended Family in Foreign Country Extended Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant’s college friend is now a senior government official with for FN.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant owns a condominium that is under construction in another foreign nation (FN2).	For Applicant	Foreign Real Estate Financial or Property Interest	FN2	Denied	—	—	—
1.h	Applicant purchased a condo in FN when he worked there, but it has since been sold.	For Applicant	Foreign Real Estate Financial or Property Interest	FN	Denied	—	—	—
1.i	Applicant owns a plot of undeveloped land in FN with an estimated value of less than $20,000.	For Applicant	Foreign Real Estate Financial or Property Interest	FN	Denied	—	—	—
1.j	Applicant sent money to his parents, through his sister, when his mother was alive.	For Applicant	Financial Support to Foreign Relative Immediate Family	FN HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s father is a citizen and resident of FN.

For Applicant

Parent in Foreign Country

Immediate Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant has one sister who travels between the United States and FN in order to care for Applicant’s father.

For Applicant

Sibling in Foreign Country

Immediate Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant has an aunt that is a citizen and resident of FN.

For Applicant

Extended Family in Foreign Country

Extended Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.d

Applicant has one uncle who is a citizen and resident of FN.

For Applicant

Extended Family in Foreign Country

Extended Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.e

Applicant has three cousins that are citizens and residents of FN.

For Applicant

Extended Family in Foreign Country

Extended Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.f

Applicant’s college friend is now a senior government official with for FN.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.g

Applicant owns a condominium that is under construction in another foreign nation (FN2).

For Applicant

Foreign Real Estate

Financial or Property Interest

FN2

Denied

—

1.h

Applicant purchased a condo in FN when he worked there, but it has since been sold.

For Applicant

Foreign Real Estate

Financial or Property Interest

Denied

—

1.i

Applicant owns a plot of undeveloped land in FN with an estimated value of less than $20,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Denied

—

1.j

Applicant sent money to his parents, through his sister, when his mother was alive.

For Applicant

Financial Support to Foreign Relative

Immediate Family

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

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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