Summary
The applicant, a 69-year-old U.S. citizen with a master's degree in engineering, sought a security clearance under Guideline B (Foreign Influence) and Guideline L (Outside Activities) due to his business activities in Ukraine. The judge found that the applicant's financial interests were minimal and that he was not subject to coercion by foreign interests, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence) and Guideline L (Outside Activities), the Statement of Reasons alleged the following: Applicant's real estate ownership in Ukraine (1.a). Applicant's business interests in Ukraine (1.b). Applicant's family relation to a foreign citizen (1.h). That information set forth in subparagraph 1.h., above (2.c).
The judge granted the clearance. The government raised disqualifying conditions DC 6, DC 8. The judge applied mitigating conditions MC 1, MC 5. The decision turned on the following: The applicant's business activities in Ukraine were characterized as arms-length transactions with minimal financial investment; The applicant was not subject to coercion or duress by foreign interests due to the nature of his business dealings; The applicant's family relationship to a foreign citizen did not present a risk of exploitation by foreign powers.
Why the Applicant Prevailed
- The applicant's business activities in Ukraine were characterized as arms-length transactions with minimal financial investment.
- The applicant was not subject to coercion or duress by foreign interests due to the nature of his business dealings.
- The applicant's family relationship to a foreign citizen did not present a risk of exploitation by foreign powers.
Conditions Referenced
- DC 6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.
- DC 8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.
- MC 1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedAug 20, 2002
- Answer filedSep 12, 2002
- Hearing heldDec 2, 2002
- Decision dateApr 7, 2003
Cite For
- Mitigation of Foreign Influence Under Guideline B Due to Minimal Financial Interests
- Evaluation of Outside Activities Under Guideline L When Not Posing a Conflict with Security Responsibilities
- Consideration of the Whole Person Concept in Security Clearance Determinations.