ISCR Case 13-01073.h1

Case Headnote

ISCR Case No. 13-01073.h1

grantedApr 29, 2014· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 34-year-old naturalized U.S. citizen, originally from Kuwait and Jordan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed several foreign connections. These included his mother, a U.S.-Jordanian dual citizen residing primarily in the U.S., with whom he has monthly phone contact and annual visits. Two brothers are citizens and residents of Jordan, with whom he has monthly phone contact but has not seen in at least three years.

Further connections included a sister, brother-in-law, and niece, all citizens and residents of Kuwait. The sister holds a Kuwaiti government service position, and the niece is a scientist working for the Kuwaiti government. The applicant sees these three individuals a few times a year. An allegation regarding a sister-in-law in Kuwait was credibly denied, appearing to be based on the niece. The applicant also has a professional contact, a Kuwaiti government employee, whom he met two years prior through work.

The security clearance was granted because the applicant successfully mitigated the foreign influence concerns. He demonstrated minimal contact with his foreign relatives due to work obligations and showed strong allegiance to the United States through his citizenship, voting, and tax compliance. It was determined that his family members' positions did not pose a significant risk of coercion or influence.

Why the Applicant Prevailed

Applicant demonstrated minimal contact with foreign relatives due to his work obligations.
He has a strong allegiance to the United States, evidenced by his citizenship, voting, and tax compliance.
The applicant's family members' positions do not pose a significant risk of coercion or influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersContact with foreign family members creates a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnection to Foreign PersonsConnection to foreign persons creates a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe nature of the applicant's relationships with foreign family members is such that it is unlikely he will have to choose between their interests and U.S. interests.
AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's loyalty to the U.S. is strong, minimizing any potential conflict of interest.
AG ¶ 8(d)appliedForeign Contacts on U.S. Government BusinessThe applicant's foreign contacts are primarily professional and related to his work.
AG ¶ 8(e)appliedPrompt Compliance with Reporting RequirementsThe applicant has consistently reported his foreign contacts and travel.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedNov 6, 2013
Answer filedDec 4, 2013Applicant admitted six of seven allegations.
Hearing heldApr 16, 2014
Decision dateApr 29, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Demonstrating Strong Ties to the U.S. in Security Clearance Cases
Impact of Minimal Foreign Contact 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	Applicant’s mother, a U.S.-Jordanian dual citizen. Her primary residence is in the United States. She and Applicant visit about once a year and they speak by telephone about every month.	For Applicant	Parent in Foreign Country Immediate Family	Jordan 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
1.b	Two brothers, citizens and residents of Jordan. Applicant has not seen his brothers in at least three years. They maintain telephonic contact about every month.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
1.c	One sister, a citizen and resident of Kuwait who holds a government service position. Applicant sees her a few times a year, about every two or three months at the most.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Kuwait 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
1.d	One brother-in-law, a citizen and resident of Kuwait. This in-law is retired from the private sector and married to the sister noted above. Applicant sees him a few times a year.	For Applicant	In Law in Foreign Country Immediate Family	Kuwait 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
1.e	Applicant credibly denies having a sister-in-law who is a citizen and resident of Kuwait. It appears this allegation may be based on a niece, who is a citizen and resident of Kuwait, discussed below.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—
1.f	One niece, who is a citizen and resident of Kuwait and is a scientist working for the Kuwaiti government. She is the daughter of the sister and brother-in-law noted above. The three live together in the same house. Applicant similarly sees her a few times a year.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Kuwait 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
1.g	One friend and associate who is a citizen and resident of Kuwait, and who is a Kuwaiti government employee. Applicant knows this individual through his work. They met about two years ago. Their contact is professional.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Kuwait 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother, a U.S.-Jordanian dual citizen. Her primary residence is in the United States. She and Applicant visit about once a year and they speak by telephone about every month.

For Applicant

Parent in Foreign Country

Immediate Family

Jordan

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

1.b

Two brothers, citizens and residents of Jordan. Applicant has not seen his brothers in at least three years. They maintain telephonic contact about every month.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

1.c

One sister, a citizen and resident of Kuwait who holds a government service position. Applicant sees her a few times a year, about every two or three months at the most.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Kuwait

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

1.d

One brother-in-law, a citizen and resident of Kuwait. This in-law is retired from the private sector and married to the sister noted above. Applicant sees him a few times a year.

For Applicant

In Law in Foreign Country

Immediate Family

Kuwait

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

1.e

Applicant credibly denies having a sister-in-law who is a citizen and resident of Kuwait. It appears this allegation may be based on a niece, who is a citizen and resident of Kuwait, discussed below.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

1.f

One niece, who is a citizen and resident of Kuwait and is a scientist working for the Kuwaiti government. She is the daughter of the sister and brother-in-law noted above. The three live together in the same house. Applicant similarly sees her a few times a year.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Kuwait

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

1.g

One friend and associate who is a citizen and resident of Kuwait, and who is a Kuwaiti government employee. Applicant knows this individual through his work. They met about two years ago. Their contact is professional.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Kuwait

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

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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