Summary
The applicant, a 50-year-old naturalized U.S. citizen originally from Uzbekistan, sought a security clearance under Guideline B concerning foreign influence due to family ties in Uzbekistan, Russia, and Kazakhstan. The applicant mitigated the government's concerns by demonstrating limited contact with foreign relatives, a lack of financial interests abroad, and a formal renunciation of his Uzbek citizenship. The judge granted the security clearance, finding that the applicant's ties did not pose a heightened risk of foreign influence.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: 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 (1.a). 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 (1.b). Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure or coercion (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: Applicant has limited contact with foreign relatives, communicating only a few times a year; Applicant formally renounced his citizenship with Uzbekistan, showing a commitment to U.S. interests; All of the applicant's assets are in the United States, with no financial interests abroad.
Why the Applicant Prevailed
- Applicant has limited contact with foreign relatives, communicating only a few times a year.
- Applicant formally renounced his citizenship with Uzbekistan, showing a commitment to U.S. interests.
- All of the applicant's assets are in the United States, with no financial interests abroad.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersApplicant has a brother in Uzbekistan and a sister in Russia, which raises security concerns.
- AG ¶ 7(b)raisedConnections to Foreign PersonsApplicant's family ties create a potential conflict of interest.
- AG ¶ 7(d)notedSharing Living Quarters
- AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe nature of the applicant's relationships with foreign relatives is such that it is unlikely he will be placed in a position of conflict.
- AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's loyalty to his foreign relatives is minimal due to limited contact.
- AG ¶ 8(c)appliedU.S. Citizenship and ResidenceThe applicant is a naturalized U.S. citizen with no ties to foreign property or interests.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 12, 2012
- Answer filedSep 29, 2012
- Hearing heldFeb 5, 2013Record held open until 02/12/2013 for additional documents.
- Decision dateFeb 26, 2013
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Limited Contact with Foreign Relatives as a Mitigating Factor
- Formal Renunciation of Foreign Citizenship as a Mitigating Condition