ISCR Case 03-00526.h1

Case Headnote

ISCR Case No. 03-00526.h1

deniedOct 4, 2004· Hon. Roger E. Willmeth· hearing

Summary

A 42-year-old Iranian-born U.S. citizen and CEO of an IT company was denied a security clearance under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The applicant had obtained an Iranian passport in 1996 for a family reunion trip to Iran and used it for two additional visits between 1997 and 1999. While he mitigated foreign preference concerns by surrendering his Iranian passport and expressing willingness to renounce his Iranian citizenship, significant foreign influence risks remained.

These risks stemmed from the applicant's family ties, including two brothers and a sister who are citizens and residents of Iran, and other relatives such as aunts, uncles, and cousins residing there. Additionally, he has a brother in the U.S. who is an Iranian citizen and has applied for U.S. citizenship, and his father and two half-brothers are citizens and residents of Canada.

The denial was also based on personal conduct issues. The applicant omitted his two brothers and sister residing in Iran, his brother and sister who are Iranian citizens residing in the U.S., and his two half-brothers in Canada from his security clearance application. He also failed to disclose two of his trips to Iran between 1996 and 1998. These omissions raised concerns about his judgment and candor, ultimately leading to the denial of his security clearance.

Why the Applicant Prevailed

Applicant mitigated foreign preference concerns by surrendering his Iranian passport and expressing willingness to renounce his Iranian citizenship.
Foreign influence concerns were mitigated regarding his mother and sister who became U.S. citizens, and a brother who applied for citizenship.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.3.6raisedConduct That May Make the Individual Vulnerable to Coercion
E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts From Security Questionnaire

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power

Key Rule Quoted

“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.”

Procedural Posture

SOR issuedAug 19, 2003
Answer filedOct 11, 2003
Hearing heldMar 5, 2004
Decision dateOct 4, 2004

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Foreign Influence Risks Due to Family Ties in Iran Under Guideline B
Personal Conduct Implications of Omissions on Security Clearance Applications Under Guideline E

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
2.a	During his visits, he stayed with two of his brothers and a sister, who are citizens and residents of Iran (SOR ¶ 2.a).	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant has a brother in the United States who is an Iranian citizen. He is a real estate developer and has applied for U.S. citizenship (SOR ¶ 2.b).	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	—	—	—
2.c	Applicant's father and half-brothers are citizens and residents of Canada (SOR ¶ 2.c).	For Applicant	Parent in Foreign Country Immediate Family	Canada LOW RISK / ALLY	Admitted	—	—	—
2.d	Applicant has two half-brothers who are citizens and residents of Canada (SOR ¶ 2.d).	For Applicant	Sibling in Foreign Country Immediate Family	Canada LOW RISK / ALLY	Admitted	—	—	—
2.e	During his trips to Iran, Applicant also visited other family members, including aunts, uncles, and cousins (SOR ¶ 2.e).	Against Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

During his visits, he stayed with two of his brothers and a sister, who are citizens and residents of Iran (SOR ¶ 2.a).

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

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

—

2.b

Applicant has a brother in the United States who is an Iranian citizen. He is a real estate developer and has applied for U.S. citizenship (SOR ¶ 2.b).

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

—

2.c

Applicant's father and half-brothers are citizens and residents of Canada (SOR ¶ 2.c).

For Applicant

Parent in Foreign Country

Immediate Family

Canada

LOW RISK / ALLY

Admitted

—

2.d

Applicant has two half-brothers who are citizens and residents of Canada (SOR ¶ 2.d).

For Applicant

Sibling in Foreign Country

Immediate Family

Canada

LOW RISK / ALLY

Admitted

—

2.e

During his trips to Iran, Applicant also visited other family members, including aunts, uncles, and cousins (SOR ¶ 2.e).

Against Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	For a trip to Iran in 1996 for a family reunion, he obtained an Iranian passport on December 4, 1996 (SOR ¶ 1.a).	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
1.b	In addition to his trip to Iran in 1996, Applicant used his Iranian passport for two more visits to Iran between 1997 and 1999 (SOR ¶ 1.b).	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

For a trip to Iran in 1996 for a family reunion, he obtained an Iranian passport on December 4, 1996 (SOR ¶ 1.a).

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

1.b

In addition to his trip to Iran in 1996, Applicant used his Iranian passport for two more visits to Iran between 1997 and 1999 (SOR ¶ 1.b).

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The applicant omitted his two brothers and sister who are citizens and residents of Iran; his brother and sister who are citizens of Iran and reside in the United States; and his two half-brothers who are citizens and residents of Canada.	For Applicant	Omission or Failure to Disclose	—	Denied	—	—	—
3.b	The applicant omitted his other two trips to Iran between 1996 and 1998.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The applicant omitted his two brothers and sister who are citizens and residents of Iran; his brother and sister who are citizens of Iran and reside in the United States; and his two half-brothers who are citizens and residents of Canada.

For Applicant

Omission or Failure to Disclose

—

Denied

—

3.b

The applicant omitted his other two trips to Iran between 1996 and 1998.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES