Summary
The applicant, a 61-year-old naturalized U.S. citizen originally from Afghanistan, sought a security clearance under Guideline B (Foreign Influence) due to familial ties in Afghanistan and Pakistan. The judge found that the applicant mitigated security concerns by demonstrating minimal contact with foreign relatives and a strong commitment to U.S. interests, ultimately granting the security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has foreign family members with whom he maintains contact. In addition, the countries in question must be considered. Terrorists, including al-Qaida and the Taliban, operate against United States and Afghan interests within Afghanistan. Both Afghanistan and Pakistan have poor human rights records and are affected by terrorism and violence. Applicant's family ties in these countries create a heightened risk of foreign exploitation (1.a). Applicant has foreign family members with whom he maintains contact. In addition, the countries in question must be considered. Terrorists, including al-Qaida and the Taliban, operate against United States and Afghan interests within Afghanistan. Both Afghanistan and Pakistan have poor human rights records and are affected by terrorism and violence. Applicant's family ties in these countries create a heightened risk of foreign exploitation (1.b). Applicant has foreign family members with whom he maintains contact. In addition, the countries in question must be considered. Terrorists, including al-Qaida and the Taliban, operate against United States and Afghan interests within Afghanistan. Both Afghanistan and Pakistan have poor human rights records and are affected by terrorism and violence. Applicant's family ties in these countries create a heightened risk of foreign exploitation (1.c). Applicant has foreign family members with whom he maintains contact. In addition, the countries in question must be considered. Terrorists, including al-Qaida and the Taliban, operate against United States and Afghan interests within Afghanistan. Both Afghanistan and Pakistan have poor human rights records and are affected by terrorism and violence. Applicant's family ties in these countries create a heightened risk of foreign exploitation (1.d). Applicant has foreign family members with whom he maintains contact. In addition, the countries in question must be considered. Terrorists, including al-Qaida and the Taliban, operate against United States and Afghan interests within Afghanistan. Both Afghanistan and Pakistan have poor human rights records and are affected by terrorism and violence. Applicant's family ties in these countries create a heightened risk of foreign exploitation (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant has not lived in Afghanistan for 35 years and has minimal contact with foreign relatives; None of the applicant's foreign relatives are aware of his security clearance application or his employment with a U.S. contractor; The applicant has established deep ties to the U.S., including home ownership and a U.S. citizen spouse.
Why the Applicant Prevailed
- The applicant has not lived in Afghanistan for 35 years and has minimal contact with foreign relatives.
- None of the applicant's foreign relatives are aware of his security clearance application or his employment with a U.S. contractor.
- The applicant has established deep ties to the U.S., including home ownership and a U.S. citizen spouse.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has foreign family members with whom he maintains contact.
- AG ¶ 7(b)raisedConnections to Foreign PersonsFamily ties in Afghanistan and Pakistan create a heightened risk of foreign exploitation.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's infrequent contact with foreign relatives reduces the likelihood of divided loyalties.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's strong ties to the U.S. outweigh any potential conflicts with foreign interests.
Key Rule Quoted
“Family ties with a resident or citizen of a foreign country per se do not disqualify an applicant from obtaining a security clearance; such ties are only disqualifying if they create a heightened risk of foreign exploitation or a potential conflict of interest.”
Procedural Posture
- SOR issuedOct 25, 2012
- Answer filed—Applicant admitted all allegations.
- Hearing heldMar 4, 2013Hearing was rescheduled after applicant retained counsel.
- Decision dateApr 23, 2013
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Familial Ties and Their Impact on Security Clearance
- Consideration of the Whole-person Concept in Security Clearance Decisions