ISCR Case 10-01773.h1

Case Headnote

ISCR Case No. 10-01773.h1

grantedJul 1, 2010· Hon. Rita C. O'Brien· hearing

Summary

This case involved a 39-year-old U.S. citizen and Army veteran seeking a security clearance, with concerns raised under Guideline B (Foreign Influence). The Statement of Reasons cited potential risks due to contact with foreign family members, sharing living quarters with a foreign citizen, and substantial foreign financial or property interests. Specifically, Disqualifying Conditions AG ¶ 7(a), AG ¶ 7(d), and AG ¶ 7(e) were raised.

The judge ultimately granted the security clearance, finding that the applicant had successfully mitigated the security concerns. Mitigating Conditions AG ¶ 8(a), AG ¶ 8(c), and AG ¶ 8(f) were applied. The decision highlighted that the applicant's relationship with his Tunisian wife did not pose a heightened risk of foreign influence, given the strong U.S.-Tunisian relations.

Furthermore, the applicant's significant financial interests within the U.S. were found to outweigh his foreign property interests, thereby reducing the risk of foreign exploitation. His history of military service and employment with U.S. defense contractors also demonstrated his reliability and trustworthiness, contributing to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant's close relationship with his wife did not create a heightened risk of foreign influence due to the strong U.S.-Tunisian relations.
The applicant's financial interests in the U.S. outweighed his foreign property interests, reducing the risk of foreign exploitation.
The applicant's history of military service and employment with U.S. defense contractors demonstrated reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 7(e)raisedSubstantial Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Influence

Key Rule Quoted

“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedApr 20, 2011
Answer filedMay 11, 2011
Hearing heldJul 28, 2011
Decision dateSep 29, 2011

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Ties in Foreign Influence Cases
Consideration of Whole-person Factors 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	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.	For Applicant	In Law in Foreign Country Immediate Family	Tunisia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
1.b	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.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Tunisia	Admitted	(d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
1.c	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Foreign Real Estate Financial or Property Interest	Tunisia	Admitted	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	—
1.d–1.g	4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.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.

For Applicant

In Law in Foreign Country

Immediate Family

Tunisia

Admitted

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

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

(c) contact so casual and infrequent there is little likelihood of risk

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

—

1.b

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.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Tunisia

Admitted

(d) counterintelligence information indicating unacceptable risk

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

(c) contact so casual and infrequent there is little likelihood of risk

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

—

1.c

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Foreign Real Estate

Financial or Property Interest

Tunisia

Admitted

(e) shared living quarters creating a heightened risk

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

—

1.d–1.g

4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

Unspecified Foreign Relationship

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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES