ISCR Case 02-04455.h1

Case Headnote

ISCR Case No. 02-04455.h1

deniedFeb 10, 2003· Hon. John Grattan Metz, Jr.· hearing

Summary

A 41-year-old defense contractor, formerly a South Korean citizen, was denied a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The denial stemmed from concerns regarding his ongoing ties to South Korea, despite some mitigating factors related to his foreign preference.

Specifically, the applicant retained property interests in South Korea after becoming a naturalized U.S. citizen, which raised foreign preference concerns. Furthermore, his father and sister continue to reside in South Korea, creating a potential for foreign influence. The applicant also maintained contact with friends employed by the South Korean government, which was identified as increasing his vulnerability to foreign influence.

The Statement of Reasons included allegations such as having immediate family members or close associates who are foreign citizens or residents, and relatives or associates connected with a foreign government. While mitigating conditions were applied, the cumulative weight of these factors led to the denial of the security clearance.

Why the Applicant Was Denied

The applicant retained property interests in South Korea after naturalization, raising concerns of foreign preference.
The applicant's father and sister remain in South Korea, creating potential for foreign influence.
The applicant's contacts with friends employed by the South Korean government heighten vulnerability to foreign influence.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident In, a Foreign Country.
E2.A2.1.2.3raisedRelatives Connected with Any Foreign Government.
E2.A2.1.2.8raisedSubstantial Financial Interest in a Foreign Country.

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country.
E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
E2.A2.1.3.1rejectedImmediate Family Members Are Not Agents of a Foreign Power.
E2.A2.1.3.3rejectedContact with Foreign Citizens Is Casual and Infrequent.

Key Rule Quoted

“The Government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedApr 10, 2002
Answer filedJun 3, 2002
Hearing heldDec 5, 2002
Decision dateFeb 10, 2003

Cite For

Foreign Preference Concerns Related to Property Ownership After Naturalization
Vulnerability to Foreign Influence Due to Family Ties in a Foreign Country
Impact of Casual Contacts with Foreign Government Employees 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
2.a	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.	Against Applicant	Parent in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Relatives, cohabitants, or associates who are connected with any foreign government.	Against Applicant	Sibling in Foreign Country Immediate Family	South Korea HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
2.c	A substantial financial interest in a country, or in any foreign-owned or -operated business that could make the individual vulnerable to foreign influence.	Against Applicant	Foreign Real Estate Financial or Property Interest	South Korea HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.

Against Applicant

Parent in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

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

—

2.b

Relatives, cohabitants, or associates who are connected with any foreign government.

Against Applicant

Sibling in Foreign Country

Immediate Family

South Korea

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

2.c

A substantial financial interest in a country, or in any foreign-owned or -operated business that could make the individual vulnerable to foreign influence.

Against Applicant

Foreign Real Estate

Financial or Property Interest

South Korea

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.b	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.c	Military service or a willingness to bear arms for a foreign country	For Applicant	Foreign Military or Government Service	Admitted	—	—	—
1.d	Accepting educational, medical, or other benefits, such as retirement and social welfare, from a foreign country	For Applicant	Foreign Benefits or Education	Admitted	—	—	—
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Unspecified Foreign Preference

Admitted

—

1.b

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.c

Military service or a willingness to bear arms for a foreign country

For Applicant

Foreign Military or Government Service

Admitted

—

1.d

Accepting educational, medical, or other benefits, such as retirement and social welfare, from a foreign country

For Applicant

Foreign Benefits or Education

Admitted

—

1.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES