Summary
The applicant, a 40-year-old U.S. citizen with family ties in Korea, mitigated security concerns under Guideline B regarding foreign influence due to his relatives' citizenship. The judge concluded that the applicant's family members have no ties to the Korean government and are unlikely to be pressured, thus granting the security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: An 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; (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 or present in, a foreign country; (1.b). An 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; (1.c). An 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; (1.d). An 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; (1.e). An 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; (1.f). An 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; (1.g).
The judge granted the clearance. The government raised disqualifying conditions B1. The judge applied mitigating conditions B1. The decision turned on the following: The applicant's family members in Korea have no ties to the Korean government; The applicant has lived in the U.S. for over twenty years and possesses only a U.S. passport; The applicant demonstrated honesty in disclosing family immigration status, indicating low vulnerability to coercion.
Why the applicant prevailed
- The applicant's family members in Korea have no ties to the Korean government.
- The applicant has lived in the U.S. for over twenty years and possesses only a U.S. passport.
- The applicant demonstrated honesty in disclosing family immigration status, indicating low vulnerability to coercion.
Conditions referenced
- B1raisedForeign InfluenceThe applicant's immediate family members are citizens of a foreign country.
- B1appliedForeign InfluenceThe applicant's family members are not agents of a foreign power and are unlikely to be pressured.
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural posture
- SOR issuedFeb 14, 2002
- Answer filedMar 13, 2003Notarized response to SOR allegations.
- Hearing heldJun 16, 2003Record left open until June 20, 2003 for additional evidence.
- Decision dateJun 30, 2003
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties to Foreign Citizens
- Importance of Honesty in Disclosing Family Immigration Status