Summary
A 37-year-old naturalized U.S. citizen, originally from Burma and granted political asylum, was denied a security clearance under Guideline B (Foreign Influence). The applicant, a network engineer, had immediate and extended family members residing in Burma, which the judge determined posed an unacceptable security risk.
Specific concerns included his parents and sister being citizens and residents of Burma, with his mother employed by the Burmese government. His brother is also a Burmese citizen residing in Thailand. The applicant maintains limited contact with his parents, exchanging calls twice a year. He had previously been imprisoned by the Burmese government in 1988 for four months due to anti-government demonstrations, after which he fled to Thailand.
Despite the applicant's demonstrated loyalty to the U.S. and efforts to restrict contact with his family to protect them from potential coercion by the Burmese government, the denial was based on the assessment that these family ties, particularly in a country with a poor human rights record, created a significant risk of foreign influence, pressure, or duress that could compromise classified information.
Why the Applicant Was Denied
- The applicant's immediate and extended family members are citizens and residents of Burma, a country with a poor human rights record and a history of coercion.
- The applicant's inability to contact his family members out of fear for their safety indicates a significant risk of foreign influence.
- The applicant's ties to family members in Burma create potential for pressure or duress that could compromise classified information.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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
- E2.A2.1.3.1rejectedA Determination That the Immediate Family Members, Co-habitant or Associate Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Persons Involved and the United StatesThe applicant's family members in Burma are vulnerable to coercion by the government.
- E2.A2.1.3.3rejectedContact and Correspondence with Foreign Citizens Are Casual and InfrequentThe applicant's limited contact with family is due to safety concerns, not casual relationships.
Key Rule Quoted
“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedMay 27, 2004
- Answer filedJul 17, 2004
- Hearing heldMay 27, 2005Hearing convened after rescheduling.
- Decision dateAug 5, 2005
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties in Hostile Countries on Security Clearance Eligibility
- Limitations of Mitigating Conditions in Cases Involving Coercive Foreign Governments