Summary
A 33-year-old U.S. citizen, holding dual citizenship with Nigeria, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The applicant's immediate family, including parents, a brother, mother-in-law, aunt, and uncle, are citizens and residents of Nigeria. Additionally, his mother is employed by a Nigerian state government and previously owned a company that supplied the Nigerian government. The applicant's sister is also a Nigerian citizen residing in Canada as a student. The applicant himself traveled to Nigeria in at least December 2002 and performed compensated personal errands for a diplomat's wife around 1998.
Under Guideline E, the applicant deliberately falsified the nature and duration of previous employment on an application for a security protection service. This action raised concerns about his judgment and reliability.
The judge determined that the applicant failed to mitigate the security concerns stemming from both his extensive familial ties to Nigeria, which presented foreign influence risks, and his deliberate misrepresentation of employment history. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant has immediate family members who are citizens and residents of Nigeria, raising significant foreign influence concerns.
- Applicant deliberately falsified employment information on a security application, indicating questionable judgment and reliability.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence - Family Ties to a Foreign Country
- E2.A2.1.2.2raisedForeign Influence - Potential for Adverse Foreign Influence Due to Familial Obligations
- E2.A2.1.2.3raisedForeign Influence - Employment of Family Members by a Foreign Government
- E2.A5.1.2.2raisedPersonal Conduct - Deliberate Falsification of Employment History
- E2.A5.1.2.4raisedPersonal Conduct - Concealment of True Employment Record
- E2.A2.1.3.1rejectedForeign Influence - Family Members Are Not Agents of a Foreign PowerApplicant did not provide evidence to show family members could not be exploited by foreign interests.
- E2.A2.1.3.3rejectedForeign Influence - Contacts with Foreign Citizens Are Casual and InfrequentApplicant's frequent communication with family members in Nigeria indicates strong ties.
- E2.A5.1.3.1rejectedPersonal Conduct - Falsification Was an Isolated IncidentFalsification was not isolated and occurred recently.
- E2.A5.1.3.2rejectedPersonal Conduct - Prompt Good-faith Efforts to Correct the FalsificationApplicant only provided correct information after being questioned.
- E2.A5.1.3.3rejectedPersonal Conduct - Falsification Was Not RecentFalsification occurred in 1998 and was not an isolated incident.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedSep 27, 2005
- Answer filedNov 18, 2005
- Hearing heldApr 24, 2006
- Decision dateJun 19, 2006
Cite For
- Foreign Influence Concerns Due to Familial Ties in Nigeria
- Deliberate Falsification of Employment History as a Disqualifying Factor
- Failure to Mitigate Security Concerns Under Guideline B and E