Summary
The applicant, a 48-year-old mechanical engineer and U.S. citizen, faced security clearance denial under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to significant family ties to foreign nationals residing in Jordan, Kuwait, and Saudi Arabia. The judge found insufficient evidence to mitigate the security risks posed by the applicant's relatives' citizenship and residence, leading to the denial of the security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's mother is a permanent U.S. resident currently living in Jordan (1.a). Applicant's six siblings are foreign citizens living in Jordan, Kuwait, and Saudi Arabia (1.b). The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his relatives' citizenship and residence (1.c). Applicant sends his sister $100 to $200 on occasion to help his sister buy medicine (1.d). In 2003 Applicant sent his brother in Saudi Arabia $20,000 to assist his brother in his company (1.e). Applicant's brother is a Jordanian citizen living in Saudi Arabia (1.f). Applicant's brother is a Jordanian citizen living in Jordan (1.g). Applicant's parents-in-law are permanent residents of the U.S. residing in the U.S (1.h). Applicant's sister-in-law is a Lebanese citizen living in Kuwait (1.i). Applicant's sister-in-law is a Jordanian citizen living in Jordan (1.j). Applicant's brother-in-law is a Jordanian citizen who is a permanent U.S. citizen living in the U.S (1.k). Applicant's sister-in-law is a housewife living in Egypt (1.l). Applicant's sister-in-law is a housewife living in Jordan (1.m). Applicant's brother-in-law is a naturalized U.S. citizen living in the U.S (1.n). Applicant's brother-in-law is a U.S. citizen who works in a convenience store (1.o). Applicant's brother-in-law previously managed a truck stop in the U.S. leased by Applicant (1.p). In 2003, Applicant's wife and children rented an apartment for two and a half months while visiting Jordan, Syria, and Egypt (1.q). Applicant traveled to Saudi Arabia in 2002, to Jordan, Israel, and Turkey in 1998, and to Kuwait in 1990 (1.r). Applicant's family ties in foreign countries create a potential for foreign influence (1.s). The applicant has not shown that the contacts with his family are infrequent and casual (1.t). During 1996, Applicant entered into a business arrangement to send dental products to Saudi Arabia. The products could be purchased at local discount department chain stores much cheaper than in Saudi Arabia. Applicant went to the local department stores purchased the goods off the shelf and mailed them to Saudi Arabia on four occasions. When the purchaser discovered the price of the goods in the department store, he refused to pay Applicant for the forth shipment and the arrangement ended. This was not an export business. In October 2000, Applicant completed a Questionnaire for National Security Position, Standard Form (SF) 86. Question 11 asked him to list his employment activities. He did not list the four shipments. His failure to list the shipments was not a deliberate omission, concealment, or falsification of a material fact (2.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The decision turned on the following: The applicant's mother is a permanent U.S. resident living in Jordan, and his six siblings are foreign citizens residing in Jordan, Kuwait, and Saudi Arabia; The applicant provided financial support to his foreign relatives, indicating strong ties that could lead to foreign influence; The applicant failed to demonstrate that his family ties do not pose a risk of coercion or influence that could compromise classified information.
Why the Applicant Was Denied
- The applicant's mother is a permanent U.S. resident living in Jordan, and his six siblings are foreign citizens residing in Jordan, Kuwait, and Saudi Arabia.
- The applicant provided financial support to his foreign relatives, indicating strong ties that could lead to foreign influence.
- The applicant failed to demonstrate that his family ties do not pose a risk of coercion or influence that could compromise classified information.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedMar 5, 2004
- Answer filedApr 12, 2004
- Hearing heldOct 7, 2004
- Decision dateMar 2, 2005
Cite For
- Security Risks Associated with Foreign Family Ties Under Guideline B
- Insufficient Evidence to Mitigate Foreign Influence Concerns
- Importance of Family Ties in Security Clearance Determinations