ISCR Case 03-04343.h1

Case Headnote

ISCR Case No. 03-04343.h1

deniedJun 20, 2005· Hon. Darlene Lokey Anderson· hearing

Summary

A 39-year-old Laboratory Engineer with a Bachelor's Degree in Electrical Engineering was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant has extensive family ties in Lebanon, including a brother, father, and other extended relatives who are citizens and residents there. His mother, a U.S. permanent resident, also lives in Lebanon. The applicant provides financial support to his parents in Lebanon, which raised concerns about potential foreign influence.

Additionally, the applicant demonstrated a lack of candor regarding his travel history and passport use. On a June 1998 security clearance application, he failed to disclose a July-August 1993 trip to Lebanon. He also provided a sworn statement indicating he had not used his Lebanese passport since immigrating in January 1991, but later admitted to using it for his July 1993 travel to Lebanon.

Furthermore, after receiving a U.S. passport in November 1996, he used his Lebanese passport to enter Lebanon in July 1997 and exit in September 1997. The applicant also explained that his brother deeded him U.S. real property valued at approximately $40,000 in 1997 to protect it from legal action. The judge found that the applicant did not mitigate the foreign influence concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has significant family ties in Lebanon, including parents and siblings, which pose a potential security risk.
The applicant provides financial support to family members residing in Lebanon, raising concerns about foreign influence.
The applicant's failure to fully disclose travel and passport use indicated a lack of candor and reliability.

Conditions Referenced

Disqualifying

B1raisedForeign Influence

Mitigating

E2appliedPersonal ConductThe falsification was an isolated incident, was not recent, and the individual has subsequently proved correct information voluntarily.

Key Rule Quoted

“The mere possession of a foreign passport raises legitimate questions as to whether the Applicant can be counted upon to place the interests of the United States paramount to that of another nation.”

Procedural Posture

SOR issuedJun 14, 2004
Answer filedJul 6, 2004Applicant elected to have the case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateJun 20, 2005

Cite For

Foreign Influence Due to Close Family Ties Under Guideline B
Failure to Disclose Travel and Passport Use Under Guideline E
Mitigating Conditions for Personal Conduct Issues

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	The Applicant has a brother who is a citizen of Lebanon and resides there.	Against Applicant	Sibling in Foreign Country Immediate Family	Lebanon	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	The Applicant's mother is a permanent resident alien of the United States but currently lives in Lebanon.	Against Applicant	Parent in Foreign Country Immediate Family	Lebanon	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	The Applicant's father is a citizen of Lebanon and resides there.	Against Applicant	Parent in Foreign Country Immediate Family	Lebanon	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	The Applicant has other extended family members including sisters-in-law, a brother-in-law, aunts, uncles, and cousins who are citizens and residents of Lebanon.	Against Applicant	Extended Family in Foreign Country Extended Family	Lebanon	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	The Applicant financially supports his father and mother in Lebanon.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.a	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant has a brother who is a citizen of Lebanon and resides there.

Against Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

Denied

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

—

1.b

The Applicant's mother is a permanent resident alien of the United States but currently lives in Lebanon.

Against Applicant

Parent in Foreign Country

Immediate Family

Lebanon

Denied

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

—

1.c

The Applicant's father is a citizen of Lebanon and resides there.

Against Applicant

Parent in Foreign Country

Immediate Family

Lebanon

Denied

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

—

1.d

The Applicant has other extended family members including sisters-in-law, a brother-in-law, aunts, uncles, and cousins who are citizens and residents of Lebanon.

Against Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

Denied

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

—

1.e

The Applicant financially supports his father and mother in Lebanon.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

Denied

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

—

2.a

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The Government alleges that the Applicant is ineligible for clearance because he engaged in conduct involving questionable judgment, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
2.b	The Applicant completed a security clearance application dated June 8, 1998, which asked him if he has traveled outside of the United States on other than official U.S. Government orders in the last seven years? The Applicant answered, "YES", and listed travel to France from November 24, 1996, to January 15, 1997, and to Lebanon from July 5, 1997, to September 5, 1997. He failed to list his travel to Lebanon from July 1993 to August 1993.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
2.c	The Applicant also provided a signed sworn statement to the Defense Security Service wherein he stated that he had a Lebanese passport when he immigrated from France to the United States in January 1991 and had not used this passport since then. He failed to disclose that he used his Lebanese passport in July 1993 when he traveled to Lebanon.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
2.d	In addition, after being issued a United States passport in November 1996, he used his Lebanese passport in July 1997 to enter Lebanon and again in September 1997 to exit Lebanon.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
2.e	The Applicant explained that in 1997, his brother deeded to him real property located in the United States worth approximately $40,000.00 to protect the property from legal action that was being taken against his brother.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he engaged in conduct involving questionable judgment, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

2.b

The Applicant completed a security clearance application dated June 8, 1998, which asked him if he has traveled outside of the United States on other than official U.S. Government orders in the last seven years? The Applicant answered, "YES", and listed travel to France from November 24, 1996, to January 15, 1997, and to Lebanon from July 5, 1997, to September 5, 1997. He failed to list his travel to Lebanon from July 1993 to August 1993.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

2.c

The Applicant also provided a signed sworn statement to the Defense Security Service wherein he stated that he had a Lebanese passport when he immigrated from France to the United States in January 1991 and had not used this passport since then. He failed to disclose that he used his Lebanese passport in July 1993 when he traveled to Lebanon.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

2.d

In addition, after being issued a United States passport in November 1996, he used his Lebanese passport in July 1997 to enter Lebanon and again in September 1997 to exit Lebanon.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

2.e

The Applicant explained that in 1997, his brother deeded to him real property located in the United States worth approximately $40,000.00 to protect the property from legal action that was being taken against his brother.

Against Applicant

Questionable Judgment General

—

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

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