ISCR Case 13-00433.h1

Case Headnote

ISCR Case No. 13-00433.h1

deniedDec 9, 2013· Hon. Rita C. O'Brien· hearing

Summary

A 53-year-old naturalized U.S. citizen, originally from Pakistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's past military service in Pakistan and ongoing financial support to his elderly father, a Pakistani citizen and resident, were central to the review.

The Statement of Reasons highlighted several issues, including the risk of foreign exploitation or coercion due to the applicant's contact with his father, brother, and sister, all Pakistani citizens and residents. Financial support to his father was also cited as a potential source of foreign influence. Additionally, the applicant's family ties in Pakistan raised concerns about a potential conflict of interest and the possibility of his family being coerced, which could compromise his ability to protect sensitive information. The applicant's prior military service for a foreign country and the acceptance of foreign benefits were also noted.

While the judge found that the applicant mitigated the foreign preference concerns, he did not sufficiently address the risks associated with foreign influence. The denial was based on the heightened risk of foreign exploitation or coercion due to immediate family in Pakistan, concerns about divided loyalties stemming from financial support to his father (who has ties to the Pakistani military), and inconsistent statements regarding family contact.

Why the Applicant Was Denied

The applicant has immediate family members in Pakistan, creating a heightened risk of foreign exploitation or coercion.
The applicant's financial support to his father, who has ties to the Pakistani military, raises concerns about divided loyalties.
The applicant's inconsistent statements regarding contact with family members in Pakistan further exacerbate the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedPotential Conflict of Interest Due to Foreign Connections

Mitigating

AG ¶ 11(c)appliedExercise of Foreign Citizenship Rights Occurred Before U.S. Citizenship

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJun 12, 2013
Answer filedJul 4, 2013
Hearing held—Decision made without a hearing.
Decision dateDec 9, 2013

Cite For

Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Impact of Inconsistent Statements on Security Clearance Decisions.

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
2.a	Contact with his father, who is a citizen and resident of Pakistan, creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	Against Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Connections to his brother and sister, who are citizens and residents of Pakistan, create a potential conflict of interest between his obligation to protect sensitive information and his desire to help them by providing that information.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
2.c	His financial support to his father, who is a citizen and resident of Pakistan, subjects him to a heightened risk of foreign influence or exploitation.	Against Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
2.d	The applicant's ties to immediate family members in Pakistan could force him to choose between their interests and those of the United States.	Against Applicant	Unspecified Foreign Relationship 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	—	—
2.e	The applicant's family members in Pakistan could be subject to coercion, which raises concerns about his ability to protect classified information.	Against Applicant	Unspecified Foreign Relationship 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	—	—
2.f	The applicant's contacts with his family members in Pakistan have decreased over time, which may mitigate some concerns.	For Applicant	Unspecified Foreign Relationship Immediate Family	Pakistan	Denied	—	—	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact with his father, who is a citizen and resident of Pakistan, creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

Against Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

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

—

2.b

Connections to his brother and sister, who are citizens and residents of Pakistan, create a potential conflict of interest between his obligation to protect sensitive information and his desire to help them by providing that information.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

2.c

His financial support to his father, who is a citizen and resident of Pakistan, subjects him to a heightened risk of foreign influence or exploitation.

Against Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

2.d

The applicant's ties to immediate family members in Pakistan could force him to choose between their interests and those of the United States.

Against Applicant

Unspecified Foreign Relationship

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

—

2.e

The applicant's family members in Pakistan could be subject to coercion, which raises concerns about his ability to protect classified information.

Against Applicant

Unspecified Foreign Relationship

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

—

2.f

The applicant's contacts with his family members in Pakistan have decreased over time, which may mitigate some concerns.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Pakistan

Denied

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member. . . : military service. . . for a foreign country;	For Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.b	exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member. . . : accepting education, medical, retirement, social welfare, or other such benefits from a foreign country.	For Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member. . . : military service. . . for a foreign country;

For Applicant

Foreign Military or Government Service

Admitted

(a) applying for and/or acquiring citizenship in any other country

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.b

exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member. . . : accepting education, medical, retirement, social welfare, or other such benefits from a foreign country.

For Applicant

Foreign Benefits or Education

Admitted

(a) applying for and/or acquiring citizenship in any other country

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Denied

—

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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES