ISCR Case 14-00646.h1

Case Headnote

ISCR Case No. 14-00646.h1

grantedJun 9, 2014· Hon. Robert E. Coacher· hearing

Summary

This security clearance decision involved a 54-year-old dual citizen of the United States and Lebanon, who was seeking a clearance under Guideline B, Foreign Influence. The Statement of Reasons raised concerns regarding his contact with foreign family members and associates, potential conflicts of interest due to foreign connections, and substantial business, financial, or property interests in a foreign country. Specifically, Disqualifying Conditions AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e) were cited.

The applicant admitted to having family ties and financial interests in Lebanon. However, the judge found that these concerns were mitigated by several factors, applying Mitigating Conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(f). The applicant demonstrated deep and longstanding relationships and loyalties within the United States, further supported by his extensive work with the Department of Defense, which indicated a strong commitment to U.S. national security.

Crucially, the applicant's financial interests in Lebanon were deemed insignificant when compared to his substantial assets in the U.S. Additionally, his family members in Lebanon were not involved in government or activities that would pose a risk of coercion. Based on these mitigating factors, the judge determined that the security concerns were resolved, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant has deep and longstanding relationships and loyalties in the United States.
The applicant's financial interests in Lebanon are insignificant compared to his substantial assets in the U.S.
The applicant's family members in Lebanon are not involved in government or activities that would pose a risk of coercion.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Loyalty to U.S.
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.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedMar 14, 2014
Answer filedApr 2, 2014
Hearing heldMay 29, 2014
Decision dateJun 9, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Deep and Longstanding U.S. Ties
Evaluation of Financial Interests in Relation to U.S. Assets

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	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.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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.	Credited Deep U.S. Ties
1.b	Connections to a foreign person, group, government, or country that creates a potential conflict of interest between the individual’s obligations to protect sensitive information or technology, and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.c	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Foreign Real Estate Financial or Property Interest	Lebanon HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	Claimed Foreign Assets Divested
1.d–1.i	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

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.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

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

(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.

Credited

Deep U.S. Ties

1.b

Connections to a foreign person, group, government, or country that creates a potential conflict of interest between the individual’s obligations to protect sensitive information or technology, and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.c

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Foreign Real Estate

Financial or Property Interest

Lebanon

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

(f) foreign interests are minimal and could not be used to influence

Claimed

Foreign Assets Divested

1.d–1.i

6 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES