ISCR Case 12-09392.h1

Case Headnote

ISCR Case No. 12-09392.h1

deniedFeb 27, 2013· Hon. Wilford H. Ross· hearing

Summary

A 42-year-old naturalized U.S. citizen, originally from Pakistan, was denied a security clearance under Guideline B (Foreign Influence) due to extensive family ties and financial interests in Pakistan. The applicant has five living brothers and three living sisters in Pakistan, along with a mother-in-law, two brothers-in-law, two sisters-in-law, and two nephews who are citizens and residents of Pakistan. One brother-in-law and one nephew are Pakistani citizens residing in the U.S. and U.K., respectively. An allegation regarding close contact with non-family Pakistani citizens was found in the applicant's favor due to insufficient evidence.

The applicant also held financial interests in Pakistan, including two properties purchased around 2008 for $10,000 each, one of which is paid off and the other transferred to a friend. He also bought a shop in 2002 for $11,000, which is paid off and transferred to a brother. The applicant stated he would surrender these properties if required. Additionally, he sends $100 to $300 to his family in Pakistan every few months, totaling $10,000 to $15,000 since 2005.

The judge denied the application, citing the potential for foreign influence due to numerous family connections and substantial financial interests in Pakistan. The applicant failed to provide sufficient evidence to mitigate these risks or demonstrate that his ties to the U.S. outweighed those to Pakistan.

Why the Applicant Was Denied

The applicant has numerous family connections in Pakistan, including five brothers and two sisters, which raises concerns of foreign influence.
The applicant has substantial financial interests in Pakistan, including property and a business, which could subject him to foreign exploitation.
The applicant did not provide sufficient evidence to mitigate the risks associated with his foreign ties, nor did he demonstrate a preference for U.S. interests over those of Pakistan.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(e)raisedSubstantial Business or Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family in Pakistan create a potential conflict of interest.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal LoyaltyThe applicant did not demonstrate that his loyalty to the U.S. outweighs his ties to Pakistan.
AG ¶ 8(f)rejectedValue or Routine Nature of Foreign InterestsThe applicant's financial interests in Pakistan are substantial and significant.

Key Rule Quoted

“The concern under Guideline B is styled as follows: Foreign contacts and interests may be a security concern if the individual has divided loyalties or foreign financial interests, may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest.”

Procedural Posture

SOR issuedAug 31, 2012
Answer filedSep 18, 2012Applicant requested a decision without a hearing.
Hearing held—No hearing was conducted.
Decision dateFeb 27, 2013

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Substantial Foreign Family Ties on Security Clearance Eligibility
Insufficient Mitigation of Foreign Financial Interests in Security Clearance Cases

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 has five living brothers in Pakistan. One brother has passed away. Four of his brothers are construction contractors, one of whom owns a welding shop, and the fifth is the sales manager for a medicine company.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.b	Applicant has three living sisters in Pakistan. Two other sisters have passed away. His remaining sisters are housewives.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.c	Applicant’s mother-in-law is a citizen and resident of Pakistan. His father-in-law has passed away.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.d	Applicant has two brothers-in-law. One is a citizen and resident of Pakistan. The second is a citizen of Pakistan, but he resides in the United States.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.e	Applicant has two sisters-in-law who are citizens and residents of Pakistan.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.f	Applicant has one nephew who is a citizen and resident of Pakistan. He has one additional nephew, who is a citizen of Pakistan, but is currently residing in the United Kingdom.	Against Applicant	Extended Family in Foreign Country Extended Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.g	Applicant denied maintaining close contact with several friends or associates who are citizens and residents of Pakistan. He stated in his Answer, 'I only maintain close contact with my family & relatives.' The evidence in the record is insufficient to support this SOR allegation, given Applicant’s denial. Accordingly, this subparagraph is found for Applicant.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—
1.h	Applicant bought two pieces of property in Pakistan in about 2008. They are worth $10,000 each. He has paid off one property and states that he transferred the other to a friend.	Against Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.i	Applicant purchased a shop in Pakistan in 2002 for $11,000. He has paid off the loan for purchase of the shop, but has also transferred the shop to one of his brothers. Concerning this property, and the two discussed immediately above, '[Applicant] advised that he has no allegiance, preference or obligation to Pakistan due to these properties and would surrender these properties if required.'	Against Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.j	Applicant sends money to his family every few months, usually $100 to $300. The total since 2005 is $10,000 to $15,000.	Against Applicant	Financial Support to Foreign Relative Financial or Property Interest	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has five living brothers in Pakistan. One brother has passed away. Four of his brothers are construction contractors, one of whom owns a welding shop, and the fifth is the sales manager for a medicine company.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.b

Applicant has three living sisters in Pakistan. Two other sisters have passed away. His remaining sisters are housewives.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.c

Applicant’s mother-in-law is a citizen and resident of Pakistan. His father-in-law has passed away.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.d

Applicant has two brothers-in-law. One is a citizen and resident of Pakistan. The second is a citizen of Pakistan, but he resides in the United States.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.e

Applicant has two sisters-in-law who are citizens and residents of Pakistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.f

Applicant has one nephew who is a citizen and resident of Pakistan. He has one additional nephew, who is a citizen of Pakistan, but is currently residing in the United Kingdom.

Against Applicant

Extended Family in Foreign Country

Extended Family

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.g

Applicant denied maintaining close contact with several friends or associates who are citizens and residents of Pakistan. He stated in his Answer, 'I only maintain close contact with my family & relatives.' The evidence in the record is insufficient to support this SOR allegation, given Applicant’s denial. Accordingly, this subparagraph is found for Applicant.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

1.h

Applicant bought two pieces of property in Pakistan in about 2008. They are worth $10,000 each. He has paid off one property and states that he transferred the other to a friend.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.i

Applicant purchased a shop in Pakistan in 2002 for $11,000. He has paid off the loan for purchase of the shop, but has also transferred the shop to one of his brothers. Concerning this property, and the two discussed immediately above, '[Applicant] advised that he has no allegiance, preference or obligation to Pakistan due to these properties and would surrender these properties if required.'

Against Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.j

Applicant sends money to his family every few months, usually $100 to $300. The total since 2005 is $10,000 to $15,000.

Against Applicant

Financial Support to Foreign Relative

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES