ISCR Case 03-09912.h1

Case Headnote

ISCR Case No. 03-09912.h1

grantedJun 22, 2005· Hon. Kathryn Moen Braeman· hearing

Summary

A 44-year-old naturalized U.S. citizen, born in Israel, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) due to family ties in Israel. The applicant's mother, a dual U.S. and Israeli citizen, resides in his U.S. home and has limited contact with the Israeli government, primarily for passport renewal and travel information to visit her other son. She lived in Israel from 1998 to 2002 after her husband's death, paying U.S. taxes during that period, and last visited in 2004.

The applicant's 48-year-old brother, a dual U.S. and Israeli citizen, has resided in Israel since 1998, working as a sales manager for a private corporation. While contact increased after the applicant's divorce, it remains casual and infrequent, primarily for family matters. The brother, a U.S. military veteran, has never attempted to influence the applicant. The applicant's niece, also a dual citizen residing in Israel, is currently serving mandatory military service. The applicant no longer has direct contact with his nieces and believes it unlikely the Israeli government would pressure a private for information.

The clearance was granted due to the applicant's long history of responsible conduct and lack of security violations. His mother's U.S. residency and his limited contact with his brother and niece in Israel significantly mitigated foreign influence and coercion concerns.

Why the Applicant Prevailed

Applicant has a long history of responsible conduct with no security violations.
His mother, a dual citizen, resides in the U.S., reducing foreign influence concerns.
Applicant's limited contact with his brother and niece in Israel mitigates potential coercion risks.

Conditions Referenced

Disqualifying

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.A2.1.2.6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.

Mitigating

E2.A2.1.3appliedThe Individual Has a Long History of Stable Employment and Responsible Conduct.
E2.A2.1.4appliedThe Individual Has Demonstrated a Willingness to Report Any Foreign Contacts or Attempts to Solicit Information.
E2.A2.1.5appliedThe Individual Has Strong Ties to the U.S. and Limited Contact with Foreign Relatives.

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 issuedOct 6, 2004
Answer filedOct 20, 2004Applicant requested a hearing.
Hearing heldMay 9, 2005Hearing conducted in a city near Applicant's residence.
Decision dateJun 22, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Limited Contact with Foreign Relatives
Weight of Positive Supervisor Recommendations in Security Clearance Decisions

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's mother is a dual citizen of Israel and the U.S. who currently resides in the U.S. in Applicant's home. Her only communications with the government of Israel was contacting the consulate to get information to visit Israel to see her other son and his family who lived there. She renewed her Israeli passport to enter Israel to visit her son who lives in Israel. After her husband died, she resided in Israel from 1998 until 2002 when she returned to the U.S. She paid U.S. taxes while she lived in Israel. Her last visit to Israel was in October 2004. She has no financial interests in Israel.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant's brother who is 48 is a dual citizen of Israel and the U.S. Since 1998 he has resided in Israel and works for a privately held corporation as a sales manager. From 1998 to 2001 Applicant had no contact with his brother. That changed after Applicant's divorce. In 2004 he reported he contacts his brother four times a month by phone or e-mail; he characterizes the relationship as his having only casual and infrequent contacts with his brother to discuss family business. In 2005 he spoke with his brother three or four times. He last saw his brother in 2004 for a brief lunch when his brother visited the U.S. Applicant attests that his brother has never been contacted, requested or threatened by anyone from the state of Israel. He does not know what financial interests his brother has in Israel. As the brother served four years in the U.S. military, Applicant credibly maintains his brother "has never and would never try to influence, coerce or threaten" Applicant to be disloyal to the oath he took when he was given his security clearance.	For Applicant	Sibling in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant maintains contact with his brother over family matters. His brother does not try to influence his voting or financial decisions.	For Applicant	Sibling in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant's niece is a dual citizen of Israel and the U.S. who currently resides in Israel and is a member of the Israel military as military service is mandatory in Israel. She has one more year to serve. When she finishes her service, she will attend college as her older sister does. Applicant no longer has direct contact with his nieces. In June 2004 Applicant reported he contacted his niece who serves in the Israeli Army two times a month by e-mail. Applicant considers it unlikely that the Israel government would pressure a private in the Israeli army to try to access information. He has never had any conversation with this niece about her military service or his job.	For Applicant	Extended Family in Foreign Country Extended Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is a dual citizen of Israel and the U.S. who currently resides in the U.S. in Applicant's home. Her only communications with the government of Israel was contacting the consulate to get information to visit Israel to see her other son and his family who lived there. She renewed her Israeli passport to enter Israel to visit her son who lives in Israel. After her husband died, she resided in Israel from 1998 until 2002 when she returned to the U.S. She paid U.S. taxes while she lived in Israel. Her last visit to Israel was in October 2004. She has no financial interests in Israel.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant's brother who is 48 is a dual citizen of Israel and the U.S. Since 1998 he has resided in Israel and works for a privately held corporation as a sales manager. From 1998 to 2001 Applicant had no contact with his brother. That changed after Applicant's divorce. In 2004 he reported he contacts his brother four times a month by phone or e-mail; he characterizes the relationship as his having only casual and infrequent contacts with his brother to discuss family business. In 2005 he spoke with his brother three or four times. He last saw his brother in 2004 for a brief lunch when his brother visited the U.S. Applicant attests that his brother has never been contacted, requested or threatened by anyone from the state of Israel. He does not know what financial interests his brother has in Israel. As the brother served four years in the U.S. military, Applicant credibly maintains his brother "has never and would never try to influence, coerce or threaten" Applicant to be disloyal to the oath he took when he was given his security clearance.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant maintains contact with his brother over family matters. His brother does not try to influence his voting or financial decisions.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.d

Applicant's niece is a dual citizen of Israel and the U.S. who currently resides in Israel and is a member of the Israel military as military service is mandatory in Israel. She has one more year to serve. When she finishes her service, she will attend college as her older sister does. Applicant no longer has direct contact with his nieces. In June 2004 Applicant reported he contacted his niece who serves in the Israeli Army two times a month by e-mail. Applicant considers it unlikely that the Israel government would pressure a private in the Israeli army to try to access information. He has never had any conversation with this niece about her military service or his job.

For Applicant

Extended Family in Foreign Country

Extended Family

Israel

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

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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