Summary
A 52-year-old senior scientist of Kurdish descent was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant's immediate family, including parents, sisters, an uncle, and a cousin, reside in Iraq, with one sister in Syria and another in the United Arab Emirates. Two of his sisters and a brother-in-law were employed by Saddam Hussein's government. The applicant maintained contact with these relatives and provided them with financial support, including $500 a month since 1993, sometimes through a company later shut down by the U.S. Government, and $500-$1,000 monthly through Syria. He also transferred $10,000 to an Iraqi citizen and sent $3,500 to Iraq in 1998 for his mother to bribe officials for information on his two missing brothers, who were arrested by the Saddam Hussein regime in 1980.
Additional concerns arose from the applicant's past, including Iraqi military service at a research institute on laser physics and crystal growth, and acceptance of educational benefits from the Iraqi government. He also served as a professor in Jordan from 1981-83 and lived and worked there, starting his own business, from February 1999 to March 2000, after becoming a naturalized U.S. citizen.
The denial was primarily based on the applicant's inability to demonstrate that his family members in Iraq were not vulnerable to foreign exploitation, despite his proven loyalty to the U.S. and lack of criminal intent. Furthermore, the applicant falsified his Security Clearance Application by failing to disclose his Iraqi military service and his business venture in Jordan, which constituted a violation of 18 U.S.C. § 1001.
Why the applicant was denied
- The applicant's immediate family members are citizen residents of Iraq, raising security concerns under Guideline B.
- He was unable to demonstrate that his family members are not in a position to be exploited by a foreign power.
- The applicant's financial support for his family in Iraq indicated a potential vulnerability to foreign influence.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A2.1.3.1rejectedForeign InfluenceApplicant's family members are not agents of a foreign power but are in a position to be exploited.
- E2.A2.1.3.3rejectedForeign InfluenceApplicant's contacts with family are not casual, indicating a strong emotional connection.
- E2.A5.1.1appliedPersonal ConductThe applicant's decision to send money to family was not disqualifying.
Key rule quoted
“[T]he decision to deny an individual a security clearance is not a judgment of an applicant's loyalty.”
Procedural posture
- SOR issuedMay 13, 2004
- Answer filedMay 27, 2004
- Hearing heldMar 1, 2005
- Decision dateMar 28, 2005
Cite for
- Security Concerns Related to Foreign Influence Under Guideline B
- Impact of Family Ties on Security Clearance Eligibility
- Evaluation of Personal Conduct in the Context of Financial Support to Family Abroad