ISCR Case 13-01289.h1

Case Headnote

ISCR Case No. 13-01289.h1

deniedMay 14, 2014· Hon. Edward W. Loughran· hearing

Summary

A 53-year-old U.S. citizen, originally from Pakistan, was denied a security clearance under Guideline B (Foreign Influence) due to significant family ties and property interests in Pakistan. The applicant has seven siblings who are citizens and residents of Pakistan, including two brothers and a brother-in-law who retired from the Pakistani military. His father-in-law and mother-in-law are also citizens and residents of Pakistan, with his father-in-law owning several businesses.

The applicant owns property in Pakistan, including inherited property valued at an estimated $70,000, from which he receives no value. He also purchased land in Pakistan in 2006 for approximately $20,000. In a March 2011 Counterintelligence-Focused Security Screening Questionnaire, the applicant stated intentions to build a vacation home on this land and indicated he might retire in Pakistan.

The judge determined that these connections, particularly the family members with military backgrounds and the applicant's past intentions to retire in Pakistan, created a heightened risk of foreign exploitation. Consequently, the application for security clearance was denied.

Why the Applicant Was Denied

The applicant has significant family ties in Pakistan, including siblings and in-laws, which raise foreign influence concerns.
The applicant's previous statements about potentially retiring in Pakistan indicated a lack of complete severance from foreign interests.
The applicant's foreign property interests and connections to individuals in Pakistan create a potential conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)notedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)raisedSubstantial Business or Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign Citizens
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedDec 31, 2013
Answer filedFeb 3, 2014
Hearing heldMay 1, 2014
Decision dateMay 14, 2014

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
Consideration of Property Interests in Foreign Countries in 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
1.a	Applicant has seven siblings who are citizens and residents of Pakistan. Two of his brothers retired from the Pakistani military. One of his sister’s husbands also retired from the Pakistani military.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant’s father-in-law and mother-in-law are citizens and residents of Pakistan. His father-in-law owns several businesses.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant owns property in Pakistan. Applicant and his siblings inherited property in Pakistan from their father. The estimated value of the property is $70,000. Applicant receives no value from the property.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	—	—
1.d	Applicant bought land in Pakistan in 2006. He paid the equivalent of about $20,000 in U.S. currency for the property. He completed a Counterintelligence-Focused Security Screening Questionnaire in March 2011. It appears that much of the questionnaire was completed by someone asking the relevant questions to Applicant and then filling in the answers for him. Applicant told the interviewer that he planned to build a vacation home on the land, and that he may retire in Pakistan.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has seven siblings who are citizens and residents of Pakistan. Two of his brothers retired from the Pakistani military. One of his sister’s husbands also retired from the Pakistani military.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant’s father-in-law and mother-in-law are citizens and residents of Pakistan. His father-in-law owns several businesses.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant owns property in Pakistan. Applicant and his siblings inherited property in Pakistan from their father. The estimated value of the property is $70,000. Applicant receives no value from the property.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

—

1.d

Applicant bought land in Pakistan in 2006. He paid the equivalent of about $20,000 in U.S. currency for the property. He completed a Counterintelligence-Focused Security Screening Questionnaire in March 2011. It appears that much of the questionnaire was completed by someone asking the relevant questions to Applicant and then filling in the answers for him. Applicant told the interviewer that he planned to build a vacation home on the land, and that he may retire in Pakistan.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Denied

(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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES