Summary
Applicant, a 46-year-old naturalized U.S. citizen and Arabic translator for a defense contractor in Iraq, faced security concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) due to undisclosed job terminations and felony arrests. The judge found that the applicant did not mitigate the concerns related to foreign influence and personal conduct, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's family are Palestinian refugees whose passports are issued by the Egyptian government. His parents reside in Qatar. Two sisters live in Qatar, and one sister lives in Jordan. His four brothers reside in Qatar and have Egyptian travel documents or passports (1.b). Applicant contacts his family members two or three times a year (1.c). Applicant lived and worked in Qatar from 1997 to 1999 after becoming a U.S. citizen in 1991. He lived and worked in the United Arab Emirates (UAE) from 1992 to 1997 (1.d). Applicant traveled to Egypt in August and November 2004, and April 2005, to visit his wife and child who resided there while he worked as a translator in Iraq for a defense contractor (1.e). Applicant's work and their locations make him vulnerable to coercion by several governments or terrorist organizations, and more so because of his work as an arabic translator (1.f).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.6, E2.A5.1.2.2. The judge applied mitigating conditions E2.A5.1.3.1. The decision turned on the following: Applicant did not disclose a job termination and three felony arrests on his security clearance application; The applicant's family members live in foreign countries, creating potential for foreign influence; The applicant failed to demonstrate that mitigating conditions applied to his situation.
Why the Applicant Was Denied
- Applicant did not disclose a job termination and three felony arrests on his security clearance application.
- The applicant's family members live in foreign countries, creating potential for foreign influence.
- The applicant failed to demonstrate that mitigating conditions applied to his situation.
Conditions Referenced
- E2.A2.1.2.1appliedDC 1: an 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.A2.1.2.6appliedDC 6: Conduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.
- E2.A5.1.2.2appliedDC 2: the Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire, or Similar Form Used to Determine Security Clearance Eligibility or Trustworthiness.
- E2.A5.1.3.1appliedMC 1: the Information Is Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 15, 2005
- Answer filedAug 2, 2005Applicant requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMay 16, 2006
Cite For
- Foreign Influence Concerns Due to Family Ties in Foreign Countries
- Failure to Disclose Relevant Information on Security Clearance Application
- Personal Conduct Issues Related to Omissions and Arrests