ISCR Case 11-00416.h1

Case Headnote

ISCR Case No. 11-00416.h1

deniedMar 15, 2012· Hon. Darlene D. Lokey-Anderson· hearing

Summary

A 50-year-old Test Engineer and naturalized U.S. citizen, originally from Iran, was denied a security clearance. The denial was based on Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant's immediate family, including his mother, father, and three brothers, are citizens and residents of Iran, with whom he maintains regular contact through weekly and monthly phone calls. His wife is also a dual citizen of Iran and the United States and communicates regularly with her father in Iran. These significant foreign contacts were deemed to pose a security risk due to potential influence from the Iranian Government.

The applicant obtained a U.S. passport in 1989 and subsequently acquired an Iranian passport in 1996 for travel to Iran, renewing it in 2009. Upon learning of the Department of Defense's policy regarding foreign passports, he surrendered and shredded his Iranian passport. While the applicant initially provided false answers regarding security violations and mishandling of protected information in DOHA interrogatories, this lack of candor was ultimately deemed unintentional.

The judge found that the applicant prevailed under Guidelines C and E, acknowledging the surrender of the foreign passport and the unintentional nature of the false statements. However, the clearance was ultimately denied under Guideline B due to the significant foreign contacts in Iran and the emotional bond and regular communication with family, which created a heightened risk of foreign influence.

Why the Applicant Was Denied

The applicant has significant foreign contacts in Iran, including immediate family members, which pose a security risk under Guideline B.
The applicant's emotional bond and regular communication with family in Iran create a heightened risk of foreign influence.
The applicant's history of foreign preference, including possession of an Iranian passport, raised concerns despite its surrender.

Conditions Referenced

Disqualifying

B.7.araisedContact with Foreign Family Members
C.10.araisedPossession of a Current Foreign Passport

Mitigating

C.11.aappliedDual Citizenship Based Solely on Parent's Citizenship
C.11.eappliedPassport Has Been Destroyed or Invalidated
E.15rejectedConduct Involving Questionable JudgmentThe applicant did not intentionally falsify responses to interrogatories.

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”

Procedural Posture

SOR issuedSep 8, 2011
Answer filedSep 28, 2011
Hearing heldJan 23, 2012
Decision dateMar 15, 2012

Cite For

Security Risks Associated with Foreign Contacts Under Guideline B
Impact of Foreign Preference on Security Clearance Eligibility
Consideration of Unintentional Misstatements in Personal Conduct 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	The Applicant has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	The Applicant's mother, father and three brothers are citizens and residents of Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	The Applicant maintains regular contact with his family in Iran, including weekly phone calls to his parents and monthly calls to his brothers.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	The Applicant's wife is a dual citizen of Iran and the United States, and she maintains regular contact with her father in Iran.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	The Applicant's family members in Iran may be influenced by the Iranian Government, which poses a significant security risk.	Against Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

1.b

The Applicant's mother, father and three brothers are citizens and residents of Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

1.c

The Applicant maintains regular contact with his family in Iran, including weekly phone calls to his parents and monthly calls to his brothers.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

1.d

The Applicant's wife is a dual citizen of Iran and the United States, and she maintains regular contact with her father in Iran.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

1.e

The Applicant's family members in Iran may be influenced by the Iranian Government, which poses a significant security risk.

Against Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Unknown

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The Applicant applied for and received a United States passport as soon as he got his citizenship in 1989.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.b	In 1996, the Applicant applied for and obtained an Iranian passport for the purposes of traveling to Iran.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.c	After becoming a United States citizen in 1989, with the urging of his wife, the Applicant renewed his Iranian passport in 2009, which is valid until 2014.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.d	When learning of DoD’s policy concerning possession of a foreign passport, the Applicant gave his passport to the security officer at his company and she shredded it.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
2.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The Applicant applied for and received a United States passport as soon as he got his citizenship in 1989.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

2.b

In 1996, the Applicant applied for and obtained an Iranian passport for the purposes of traveling to Iran.

For Applicant

Foreign Passport Possession or Use

Admitted

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

—

2.c

After becoming a United States citizen in 1989, with the urging of his wife, the Applicant renewed his Iranian passport in 2009, which is valid until 2014.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

2.d

When learning of DoD’s policy concerning possession of a foreign passport, the Applicant gave his passport to the security officer at his company and she shredded it.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

2.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	In his response to DOHA interrogatories dated April 4, 2011, the Applicant was asked a number of questions. Question 2 asked him if he had any Security violations within the last three years. The Applicant answered, “NO”. This was a false answer.	Against Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	—	—
3.b	Question 3 asked him if there has been any mishandling of Protected Information by him within the last four years. The Applicant answered, “NO.” This was a false answer.	Against Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	—	—
3.c	Question 4 asked him if there has been any Misuse of Information Technology by him within the last four years. The Applicant answered, “NO.” This was a false answer.	Against Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	—	—
3.d–3.e	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In his response to DOHA interrogatories dated April 4, 2011, the Applicant was asked a number of questions. Question 2 asked him if he had any Security violations within the last three years. The Applicant answered, “NO”. This was a false answer.

Against Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

3.b

Question 3 asked him if there has been any mishandling of Protected Information by him within the last four years. The Applicant answered, “NO.” This was a false answer.

Against Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

3.c

Question 4 asked him if there has been any Misuse of Information Technology by him within the last four years. The Applicant answered, “NO.” This was a false answer.

Against Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

3.d–3.e

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

Against Applicant

—

Loading case…

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision