ISCR Case 11-14056.h1

Case Headnote

ISCR Case No. 11-14056.h1

grantedApr 15, 2013· Hon. Robert E. Coacher· hearing

Summary

This case concerns a 41-year-old U.S. citizen with dual South Korean citizenship who sought a security clearance. The primary concern, raised under Guideline B (Foreign Influence), stemmed from his family ties and a property interest in South Korea. The Statement of Reasons alleged potential risks including contact with foreign family members that could create a heightened risk of exploitation, connections to a foreign country that could create a conflict of interest, sharing living quarters with a person that could create a heightened risk of foreign inducement, and a substantial property interest in a foreign country.

Disqualifying conditions under Guideline B were considered, specifically those related to contact with foreign nationals, connections to a foreign country, and substantial foreign property interests. However, several mitigating conditions were applied. The judge found that the applicant's relatives in South Korea had no government affiliations, thereby reducing the risk of foreign influence.

Furthermore, the applicant demonstrated strong ties to the U.S., having resided there since 1994, which supported his loyalty to the U.S. His property interest in South Korea was also deemed not significant enough to create a conflict of interest. Ultimately, the judge concluded that the applicant's relationships with his South Korean relatives were normal and did not pose a risk of foreign influence, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant's relatives in South Korea have no government affiliations, reducing the risk of foreign influence.
The applicant has strong ties to the U.S. and has lived there since 1994, demonstrating loyalty to the U.S.
The applicant's property interest in South Korea is not significant enough to create a conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 7(e)raisedSubstantial Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Loyalty to Foreign Relatives
AG ¶ 8(f)appliedValue of Property Interest Unlikely to Result in Conflict

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.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedSep 13, 2012
Answer filedSep 24, 2012
Hearing heldMar 13, 2013
Decision dateApr 15, 2013

Cite For

Mitigation of Foreign Influence Under Guideline B
Consideration of Familial Relationships in Security Clearance Cases
Impact of Dual Citizenship on Security Clearance Eligibility

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	Parent in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Unspecified Foreign Relationship Other	South Korea HEIGHTENED RISK	Denied	(b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Sharing living quarters with a person regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	For Applicant	Cohabitation with Foreign National Cohabitant	South Korea HEIGHTENED RISK	Denied	(d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	A substantial property interest in a foreign country.	For Applicant	Foreign Real Estate Financial or Property Interest	South Korea HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
1.e–1.k	7 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

Parent in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Unspecified Foreign Relationship

Other

South Korea

HEIGHTENED RISK

Denied

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Sharing living quarters with a person regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

For Applicant

Cohabitation with Foreign National

Cohabitant

South Korea

HEIGHTENED RISK

Denied

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

A substantial property interest in a foreign country.

For Applicant

Foreign Real Estate

Financial or Property Interest

South Korea

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

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

Credited

Deep U.S. Ties

1.e–1.k

7 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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES