ISCR Case 11-12671.h1

Case Headnote

ISCR Case No. 11-12671.h1

deniedJun 7, 2013· Hon. Richard A. Cefola· hearing

Summary

A U.S. citizen applicant was denied a security clearance under Guideline B (Foreign Influence) due to his spouse's family ties to Japan and significant financial support from his father-in-law. The applicant's wife is a Japanese citizen and permanent U.S. resident who intends to retain her Japanese citizenship to facilitate extended stays in Japan with her family. Her father, a former Japanese senator, retired around 1991 after approximately 25 years in government and maintains contact with former staff. The applicant's two children are dual nationals but plan to renounce their Japanese citizenship at age 24.

Concerns were raised regarding the applicant's spouse's close relationship with her father, the applicant's inability to understand Japanese conversations between his spouse and father-in-law, and substantial financial support exceeding $700,000 received from his in-laws. These factors were deemed to create a heightened risk of foreign exploitation and divided loyalties.

While the applicant's sister-in-law and brother-in-law, both Japanese citizens and residents, have no government connections, and a Japanese citizen friend of the spouse resides in the U.S. and works for a U.S. university, these did not mitigate the primary concerns. The judge ultimately found that the connections created a heightened risk of foreign exploitation, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant's spouse is a Japanese citizen with close ties to her father, a former Japanese senator, creating a risk of foreign influence.
The applicant has received substantial financial support from his in-laws, totaling over $700,000, which raises concerns about divided loyalties.
The applicant's inability to understand Japanese prevents him from knowing the content of conversations between his spouse and her father, increasing vulnerability to manipulation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 7(h)raisedIndications of Foreign Influence

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with his spouse and her family create a heightened risk of foreign influence.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedNov 7, 2012
Answer filedJan 2, 2013
Hearing heldMay 9, 2013
Decision dateJun 7, 2013

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Financial Support From Foreign Relatives on Security Clearance Eligibility
Vulnerability to Foreign Manipulation Due to Language Barriers and Family Ties

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 spouse of 26 years is a permanent resident of the United States, but is a citizen of Japan. She has no intention of becoming a U.S. citizen, as “all of her family is in Japan. That’s her cultural roots, where she grew up. She wants to be able to go back and forth between the United States and Japan, and be able to stay for extended periods in Japan with having to worry about a visa . . .” She knows Applicant has a security clearance.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Japan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant’s two children are dual nationals, but both intend to renounce their Japanese citizenship when they reach 24 years of age. It is Applicant’s understanding that Japan does not recognize dual citizenship of a person who has reached the age of 24.	For Applicant	Unspecified Foreign Relationship Immediate Family	Japan HEIGHTENED RISK	Admitted	—	—	—
1.c	Applicant’s wife is very close to her father, who for about 25 years was a Senator of the Japanese Government, retiring in a bout 1991. He is 86 years old and in poor health. He maintains contact with some of his former Japanese Government staff members. As Applicant can speak very little Japanese, when his spouse and father-in-law communicate, he does not know the topic of their conversation.	Against Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Japan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant’s sister-in-law and brother-in-law are both citizens and residents of Japan. She is a housewife and he is a medical doctor. Neither of these in-laws have any connection with the Japanese Government.	For Applicant	In Law in Foreign Country Extended Family	Japan HEIGHTENED RISK	Admitted	—	—	—
1.e	Applicant’s spouse has a friend who is a citizen of Japan, but resides in the United States. She works for a U.S. university.	For Applicant	Friend in Foreign Country Friend	Japan HEIGHTENED RISK	Admitted	—	—	—
1.f–1.l	7 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s spouse of 26 years is a permanent resident of the United States, but is a citizen of Japan. She has no intention of becoming a U.S. citizen, as “all of her family is in Japan. That’s her cultural roots, where she grew up. She wants to be able to go back and forth between the United States and Japan, and be able to stay for extended periods in Japan with having to worry about a visa . . .” She knows Applicant has a security clearance.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Japan

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant’s two children are dual nationals, but both intend to renounce their Japanese citizenship when they reach 24 years of age. It is Applicant’s understanding that Japan does not recognize dual citizenship of a person who has reached the age of 24.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Japan

HEIGHTENED RISK

Admitted

—

1.c

Applicant’s wife is very close to her father, who for about 25 years was a Senator of the Japanese Government, retiring in a bout 1991. He is 86 years old and in poor health. He maintains contact with some of his former Japanese Government staff members. As Applicant can speak very little Japanese, when his spouse and father-in-law communicate, he does not know the topic of their conversation.

Against Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Japan

HEIGHTENED RISK

Admitted

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

—

1.d

Applicant’s sister-in-law and brother-in-law are both citizens and residents of Japan. She is a housewife and he is a medical doctor. Neither of these in-laws have any connection with the Japanese Government.

For Applicant

In Law in Foreign Country

Extended Family

Japan

HEIGHTENED RISK

Admitted

—

1.e

Applicant’s spouse has a friend who is a citizen of Japan, but resides in the United States. She works for a U.S. university.

For Applicant

Friend in Foreign Country

Friend

Japan

HEIGHTENED RISK

Admitted

—

1.f–1.l

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

Against Applicant

Unspecified Foreign Relationship

Other

—

Loading case…

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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES