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Summary

The applicant, a 51-year-old naturalized U.S. citizen from Lebanon, sought a security clearance under Guideline B due to foreign contacts. The judge found that the applicant's foreign contacts were mitigated by his strong ties to the U.S., including his immediate family being U.S. citizens and his closure of foreign financial accounts. The applicant's actions demonstrated allegiance to the U.S., leading to a granted security clearance.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant was born in Tripoli, Lebanon. He moved to the United States at the age of twenty-five and obtained a masters degree. He married a United States citizen and has three children who are United States citizens. He also has a child from a previous marriage who is a United States citizen. The Applicant became a naturalized United States citizen in 1985 (1.a). The Applicant had a retirement savings account in Tripoli, Lebanon, worth approximately $43,000.00 in United States dollars. He opened the account because the bank in Lebanon was offering a 6% interest rate, and he wanted to bolster his retirement account. Since this account is in issue, he closed the account on February 5, 2004, and the money has been transferred to a bank in the United States (1.b). The Applicant presently owns vacation property in Lebanon valued at approximately $53,000.00 in United States dollars. He had always planned to spend some of his retirement time in Lebanon. Since the property is in issue, he has placed it on the market, and is in the process of selling it (1.c). The Applicant has six brothers and one sister. Five of his siblings are United States citizens, four of whom are living in the United States. The other sibling has moved back to Lebanon, is semi-retired, fixes home appliances and owns a store. Two of his brothers are Lebanese citizens, one of whom lives in Saudi Arabia, is severely disabled, and is planning on moving back to Lebanon. The other brother runs a small automotive shop and lives in Lebanon. None of his siblings are employed for or associated with the Lebanese or Saudi Arabian government. To his knowledge, none of his family are involved in terrorist groups (1.d). The Applicant contacts his siblings in Saudi Arabia and Lebanon about two or three times a year by telephone and electronic mail, mainly on holidays (1.e).

The judge granted the clearance. The government raised disqualifying conditions B1, B8. The judge applied mitigating conditions B1, B3, B5. The decision turned on the following: The applicant closed his foreign bank account and is selling his vacation property in Lebanon; The applicant's immediate family members are all U.S. citizens, reducing potential foreign influence; The applicant maintains only casual and infrequent contact with his siblings in Lebanon.

Why the Applicant Prevailed

• The applicant closed his foreign bank account and is selling his vacation property in Lebanon.
• The applicant's immediate family members are all U.S. citizens, reducing potential foreign influence.
• The applicant maintains only casual and infrequent contact with his siblings in Lebanon.

Conditions Referenced

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 issuedOct 2, 2003
• Answer filedOct 22, 2003
• Hearing heldFeb 9, 2004
• Decision dateMar 15, 2004

Cite For

• Mitigation of Foreign Influence Due to Family Ties Under Guideline B
• Closure of Foreign Financial Accounts as a Mitigating Factor
• Casual and Infrequent Contact with Foreign Relatives as a Mitigating Condition