ISCR Case 02-32673.h1

Case Headnote

ISCR Case No. 02-32673.h1

grantedJun 17, 2003· Hon. Philip S. Howe· hearing

Summary

A 65-year-old naturalized U.S. citizen, working as an executive assistant to a federal contractor's president, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The applicant's foreign connections included siblings and other family members in Germany, whom she visits periodically, and a friend who is a retired professor. Her husband is a citizen of Pakistan and a U.S. resident alien, having worked as a Pakistani civil servant for ten years until 1969, then for the World Bank until his retirement in 1989. He has two adult children who are U.S. citizens. The applicant does not own property in Germany and has not voted in foreign elections.

Disqualifying conditions related to foreign influence were raised, specifically concerning her family in Germany and her husband's Pakistani citizenship and past employment. However, the judge found these concerns were successfully mitigated.

The clearance was granted because the applicant's husband has no financial ties to Pakistan and is retired, diminishing potential foreign influence. Furthermore, her family members in Germany are not in positions that could lead to exploitation for classified information. The applicant also demonstrated strong ties to the United States, including her long-term employment and family residing in the U.S.

Why the Applicant Prevailed

The applicant's husband has no financial ties to Pakistan and is retired, reducing potential foreign influence.
The applicant's family members in Germany are not in positions to exploit her for classified information.
The applicant has strong ties to the United States, including her long-term employment and family residing in the U.S.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.2.2raisedSharing Living Quarters with a Person Who May Be Subject to Foreign Influence
E2.A2.1.2.3raisedRelatives Connected with a Foreign Government

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power

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.”
— Directive, ¶ E2.A2.1.1.

Procedural Posture

SOR issuedFeb 19, 2003
Answer filedFeb 21, 2003Applicant requested a hearing.
Hearing heldMay 19, 2003Hearing convened by Administrative Judge Howe.
Decision dateJun 17, 2003

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties and Their Impact on Security Clearance
Evaluation of the Applicant's Credibility and Long-term U.S. Residency

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	Applicant has siblings and other family members in Germany whom she visits periodically.	For Applicant	Sibling in Foreign Country Immediate Family	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	Her present husband is a citizen of Pakistan and a resident alien of the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family GOVT-AFFILIATED	Pakistan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.c	Her husband worked as a Pakistani civil servant for ten years until 1969, then worked for the World Bank until 1989, when he retired.	For Applicant	Foreign Employment or Pension Immediate Family GOVT-AFFILIATED	Pakistan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.d	Applicant's husband has two adult children who live in the United States and are American citizens.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.e	Applicant returned from a trip to Germany on May 10, 2003, after a nine day trip to visit her sister.	For Applicant	Sibling in Foreign Country Immediate Family	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.f	Applicant has a friend in Germany who attended kindergarten with her and is now a retired professor.	For Applicant	Friend in Foreign Country Friend	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.g	Applicant does not own any property in Germany and has not voted in any foreign elections.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has siblings and other family members in Germany whom she visits periodically.

For Applicant

Sibling in Foreign Country

Immediate Family

Germany

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.b

Her present husband is a citizen of Pakistan and a resident alien of the United States.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

GOVT-AFFILIATED

Pakistan

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.c

Her husband worked as a Pakistani civil servant for ten years until 1969, then worked for the World Bank until 1989, when he retired.

For Applicant

Foreign Employment or Pension

Immediate Family

GOVT-AFFILIATED

Pakistan

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.d

Applicant's husband has two adult children who live in the United States and are American citizens.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.e

Applicant returned from a trip to Germany on May 10, 2003, after a nine day trip to visit her sister.

For Applicant

Sibling in Foreign Country

Immediate Family

Germany

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.f

Applicant has a friend in Germany who attended kindergarten with her and is now a retired professor.

For Applicant

Friend in Foreign Country

Friend

Germany

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

1.g

Applicant does not own any property in Germany and has not voted in any foreign elections.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

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

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Claimed

Other

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES