Summary
A 54-year-old defense contractor, working in Kuwait, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant has extensive family ties in the Philippines through his marriage, including maintaining a family home and two bank accounts there. He also provides financial assistance to his wife's family members and pays to lease farmland for their benefit, indicating substantial financial and property interests in a foreign country.
The denial was primarily based on the applicant's significant foreign ties and his deliberate failure to disclose these interests on his security questionnaire (SF-86). Specifically, he falsified his answer to SF-86 question 12 by omitting information regarding his financial and property interests and the financial assistance provided to his wife's family.
The judge determined that the applicant's significant family ties and financial interests in the Philippines raised foreign influence concerns. Furthermore, his deliberate falsification of the SF-86 by not disclosing these foreign property and financial interests constituted a violation of personal conduct standards. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has significant family ties and financial interests in the Philippines, raising concerns under Guideline B.
- The applicant deliberately failed to disclose foreign property and financial interests on his SF-86, violating Guideline E.
Conditions Referenced
- B1raisedForeign Influence - Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- B8raisedForeign Influence - A Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.
- E2raisedPersonal Conduct - the Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
- B1rejectedForeign Influence - A 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.The applicant's close ties to his wife's family in the Philippines raise concerns of potential coercion.
- B3rejectedForeign Influence - Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.The applicant has significant and ongoing financial and personal relationships in the Philippines.
- E2rejectedPersonal Conduct - the Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.The applicant's falsification was recent and indicative of a lack of candor.
Key Rule Quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedSep 11, 2003
- Answer filedOct 13, 2003Requested determination without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateApr 1, 2004
Cite For
- Significant Foreign Influence Due to Family Ties Under Guideline B
- Deliberate Falsification of Security Questionnaire Under Guideline E
- Insufficient Mitigation of Foreign Financial Interests