ISCR Case 02-19839.h1

Case Headnote

ISCR Case No. 02-19839.h1

grantedSep 4, 2003· Hon. Martin H. Mogul· hearing

Summary

A 36-year-old naturalized U.S. citizen, originally from Vietnam, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several allegations, including that the applicant had immediate family members and other close relatives residing in Vietnam, to whom he had provided some financial assistance. Additionally, the applicant had traveled to Vietnam multiple times, and his immediate family and other close contacts were not U.S. citizens and could potentially be subject to duress.

Disqualifying conditions related to foreign influence were raised, specifically concerning close ties to foreign nationals and potential foreign exploitation. However, the judge applied several mitigating conditions. It was determined that the applicant's immediate family members in Vietnam were not agents of a foreign power and were not in a position to be exploited.

The judge concluded that the applicant's financial contributions to his mother-in-law were minimal and not significant enough to compromise his loyalty to the U.S. Furthermore, the applicant demonstrated a strong attachment to the United States, and his contacts with foreign relatives were casual and infrequent, mitigating potential security risks. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

Applicant's immediate family members in Vietnam are not agents of a foreign power and are not in a position to be exploited.
Applicant's financial contributions to his mother-in-law are minimal and not significant enough to affect his loyalty to the U.S.
Applicant's strong attachment to the United States and infrequent contact with foreign relatives mitigate potential security risks.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident In, a Foreign Country
E2.A2.1.2.8raisedSubstantial Financial Interest in a Foreign Country

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedFeb 21, 2003
Answer filedMar 17, 2003
Hearing heldMay 21, 2003
Decision dateSep 4, 2003

Cite For

Mitigation of Foreign Influence Under Guideline B
Minimal Financial Contributions to Foreign Relatives as a Mitigating Factor
Infrequent Contact with Foreign Relatives as a Basis for Granting Clearance

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
1.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.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Vietnam HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Foreign Assets Divested
1.b	The individual has given some money to his mother-in-law and grandfather in Vietnam.	For Applicant	Financial Support to Foreign Relative Immediate Family	Vietnam HEIGHTENED RISK	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	(e) promptly complied with reporting requirements	Claimed Financial Event Outside Control
1.c	The individual has traveled to his native Vietnam on a number of occasions.	For Applicant	Unspecified Foreign Relationship Other	Vietnam HEIGHTENED RISK	Admitted	—	—	—
1.d	The individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not United States citizens or may be subject to duress.	For Applicant	Parent in Foreign Country Immediate Family	Vietnam HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Severed Foreign Contact
1.e	The individual has contacts with foreign citizens that are casual and infrequent.	For Applicant	Unspecified Foreign Relationship Other	Vietnam HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.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.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Vietnam

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.b

The individual has given some money to his mother-in-law and grandfather in Vietnam.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Vietnam

HEIGHTENED RISK

Admitted

(h) foreign nationals acting to increase the individual’s vulnerability

(e) promptly complied with reporting requirements

Claimed

Financial Event Outside Control

1.c

The individual has traveled to his native Vietnam on a number of occasions.

For Applicant

Unspecified Foreign Relationship

Other

Vietnam

HEIGHTENED RISK

Admitted

—

1.d

The individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not United States citizens or may be subject to duress.

For Applicant

Parent in Foreign Country

Immediate Family

Vietnam

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Severed Foreign Contact

1.e

The individual has contacts with foreign citizens that are casual and infrequent.

For Applicant

Unspecified Foreign Relationship

Other

Vietnam

HEIGHTENED RISK

Admitted

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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

FORMAL FINDINGS

DECISION

FOOTNOTES