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Summary

The applicant, a naturalized U.S. citizen born in Lebanon, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). His foreign ties were deemed benign, with no evidence of preference for foreign countries over the U.S. The judge found that the applicant's family connections did not pose a security risk, leading to the granting of his clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has relatives who are citizens of foreign countries living both here and abroad (1.a). Applicant has relatives who are citizens of foreign countries living both here and abroad (1.b). Applicant has relatives who are citizens of foreign countries living both here and abroad (1.c). Applicant has relatives who are citizens of foreign countries living both here and abroad (1.d). Applicant has relatives who are citizens of foreign countries living both here and abroad (1.e). Applicant spent a few weeks in the UAE exploring a business opportunity with a privately-owned furniture company when it appeared he would be laid off from his job in the United States (2.a). Applicant was a 'Canadian Consultant' for the Canadian military (2.b). Applicant and his wife still own an apartment in Canada (2.c).

The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 3. The decision turned on the following: Applicant's foreign ties are benign and do not demonstrate preference for foreign countries over the U.S; The applicant's family members in Lebanon and other countries have no connections to foreign governments or intelligence activities; The applicant has minimal contact with his foreign relatives, reducing any potential for foreign influence.

Why the Applicant Prevailed

• Applicant's foreign ties are benign and do not demonstrate preference for foreign countries over the U.S.
• The applicant's family members in Lebanon and other countries have no connections to foreign governments or intelligence activities.
• The applicant has minimal contact with his foreign relatives, reducing any potential for foreign influence.

Conditions Referenced

Key Rule Quoted

“The presence or absence of a disqualifying or mitigating condition is not determinative of a conclusion for or against an Applicant.”

Procedural Posture

• SOR issuedDec 9, 2002
• Answer filedDec 19, 2002
• Hearing heldMar 14, 2003
• Decision dateJun 9, 2003

Cite For

• Mitigation of Foreign Influence Concerns Due to Benign Family Ties
• Absence of Foreign Preference Despite Dual Citizenship of Spouse
• Minimal Foreign Contact Reducing Security Risks