ISCR Case 10-07127.h1

Case Headnote

ISCR Case No. 10-07127.h1

deniedSep 28, 2012· Hon. Juan J. Rivera· hearing

Summary

A 52-year-old naturalized U.S. citizen and electronics engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his substantial property interests in Romania and close family ties there, including his mother, in-laws, aunts, and cousins, all of whom are Romanian citizens. His sister, a dual Romanian and Swiss citizen residing in Germany, was also noted. The applicant maintained weekly contact with his mother, sister, and in-laws.

Further concerns arose from the applicant's exercise of Romanian citizenship, specifically his renewal of a Romanian passport and other identification documents in 2011. These factors collectively raised disqualifying conditions related to foreign influence and preference.

While the applicant claimed allegiance to the U.S. and presented mitigating factors, the judge determined that his close relationships with family in Romania and his property interests created a potential conflict of interest. This led to the conclusion that he faced a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, ultimately resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant has substantial property interests in Romania, which could subject him to foreign influence.
He maintains close family ties with Romanian citizens, creating a potential conflict of interest regarding his obligation to protect sensitive information.
The applicant's frequent contact with his mother and in-laws in Romania raises concerns about foreign exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)raisedSubstantial Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Romania are close and frequent.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Loyalty to U.S.The applicant's ties to Romania create a potential conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant has frequent contact with his family in Romania.

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 issuedFeb 29, 2012Amended on March 30, 2012
Answer filedApr 16, 2012Additional response on May 7, 2012
Hearing heldJul 30, 2012Applicant requested expedited hearing
Decision dateSep 28, 2012

Cite For

Foreign Influence Due to Family Ties Under Guideline B
Substantial Property Interests in a Foreign Country as a Disqualifying Condition
Potential Conflict of Interest Arising From Foreign Contacts and Interests

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
2.a	Applicant has relatives and friends that are residents and citizens of Romania, including his mother, parents-in-law, aunts, and cousins. His sister is a Romanian and Swiss citizen, but she resides in Germany. Applicant has contact with his mother, sister, and in-laws (through his wife) on a weekly basis.	Against Applicant	Parent in Foreign Country Immediate Family	Romania	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	—	—
2.b	Applicant has a substantial property interest in Romania, which could subject him to a heightened risk of foreign influence or exploitation.	Against Applicant	Foreign Real Estate Financial or Property Interest	Romania	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	—	—
2.c	Applicant's relationship with his mother and in-laws living in Romania is sufficient to create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, and a potential conflict of interest between Applicant's obligation to protect sensitive information or technology and his desire to help his mother and in-laws living in Romania.	Against Applicant	Parent in Foreign Country Immediate Family	Romania	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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has relatives and friends that are residents and citizens of Romania, including his mother, parents-in-law, aunts, and cousins. His sister is a Romanian and Swiss citizen, but she resides in Germany. Applicant has contact with his mother, sister, and in-laws (through his wife) on a weekly basis.

Against Applicant

Parent in Foreign Country

Immediate Family

Romania

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

—

2.b

Applicant has a substantial property interest in Romania, which could subject him to a heightened risk of foreign influence or exploitation.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Romania

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

—

2.c

Applicant's relationship with his mother and in-laws living in Romania is sufficient to create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion, and a potential conflict of interest between Applicant's obligation to protect sensitive information or technology and his desire to help his mother and in-laws living in Romania.

Against Applicant

Parent in Foreign Country

Immediate Family

Romania

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised his Romanian citizenship when he renewed his Romanian passport and other Romanian personal identification documents in 2011.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.b	Applicant has a substantial property interest in Romania, which could subject him to a heightened risk of foreign influence or exploitation.	Against Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised his Romanian citizenship when he renewed his Romanian passport and other Romanian personal identification documents in 2011.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.b

Applicant has a substantial property interest in Romania, which could subject him to a heightened risk of foreign influence or exploitation.

Against Applicant

Foreign Benefits or Education

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

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Case Profile

Summary

Why the Applicant Was Denied

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 CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES