Summary
A 24-year-old American software engineer was granted a security clearance despite concerns raised under Guideline B (Foreign Influence). The government alleged that her foreign contacts could create a potential for foreign influence, specifically citing a brief social relationship with a Syrian national. Disqualifying conditions 7(a) and 7(b) were initially considered.
However, the judge determined that the applicant's limited and infrequent contact with the foreign national did not pose a security risk. Key mitigating factors included the absence of any ongoing relationship, with no communication occurring since April 2014.
Furthermore, the applicant demonstrated strong ties to the U.S., having established a network of American friends in her new city. Her work performance and character references consistently indicated trustworthiness and reliability, leading to the application of mitigating conditions 8(a), 8(b), and 8(c). Ultimately, the security clearance was granted.
Why the Applicant Prevailed
- The applicant had no ongoing relationship with the foreign national and had not communicated with him since April 2014.
- She demonstrated strong ties to the U.S. and established a network of American friends in her new city.
- The applicant's work performance and character references indicated her trustworthiness and reliability.
Conditions Referenced
- 7(a)raisedContact 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.
- 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest Between the Individual’s Obligation to Protect Sensitive Information or Technology and the Individual’s Desire to Help a Foreign Person, Group, or Country by Providing That Information.
- 8(a)appliedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
- 8(b)appliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is so Minimal, or the Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest.
- 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
Key Rule Quoted
“The Government must make out a case under Guideline B (Foreign Influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJun 1, 2015
- Answer filedJun 9, 2015
- Hearing heldSep 24, 2015
- Decision dateDec 8, 2015
Cite For
- Mitigating Conditions Under Guideline B Regarding Foreign Influence
- Evaluation of Casual and Infrequent Foreign Contacts
- Whole-person Assessment in Security Clearance Determinations