ISCR Case 05-11292.h1

Case Headnote

ISCR Case No. 05-11292.h1

grantedJun 27, 2006· Hon. Barry M. Sax· hearing

Summary

A 47-year-old program manager for a defense contractor, originally from Lebanon, was granted a security clearance under Guideline B (Foreign Influence). The applicant, a U.S. citizen, faced allegations concerning his family ties and financial interests in Lebanon. His mother, three sisters, and two brothers are citizens and residents of Lebanon, though his mother holds a U.S. Permanent Resident Card and last visited the U.S. in late 2005. His deceased father was a taxi driver.

The applicant's in-laws include a father-in-law and mother-in-law who are U.S. Permanent Residents, and three brothers-in-law awaiting U.S. immigration visas. Two sisters-in-law remain in Lebanon, one brother-in-law is a city traffic policeman, but no other relatives have government connections. The applicant sends his mother approximately $500 every two to three months for financial assistance, as Lebanon lacks a social security system. He owns a home in Lebanon valued at approximately $78,000 and sent about $35,000 to a brother-in-law to construct a home for family visits. He travels to Lebanon every five years or so, primarily for his daughters to visit relatives, with his last trip in August 2005. All his immediate family use U.S. passports.

The judge determined that the applicant's relationships did not pose a security risk, emphasizing his integrity and commitment to U.S. interests. The decision highlighted his long-standing security clearance and solid record in the defense industry, strong ties to the U.S. through his immediate family (all U.S. citizens), and a lack of evidence that his relatives in Lebanon could exert undue pressure.

Why the Applicant Prevailed

The applicant has a long-standing security clearance and a solid record of service in the defense industry.
He demonstrated strong ties to the U.S. through his immediate family, all of whom are U.S. citizens.
The judge found no evidence that the applicant's relatives in Lebanon could pressure him to act against U.S. interests.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen or Resident of a Foreign Country.
E2.A2.1.2.8raisedForeign Influence - Substantial Financial Interest in a Foreign Country.

Mitigating

E2.A2.1.3.1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
E2.A2.1.3.4appliedForeign Influence - Promptly Reported Contacts From Foreign Entities.
E2.A2.1.3.5appliedForeign Influence - Minimal Foreign Financial Interests.

Key Rule Quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”
— DoD Directive 5220.6, E2.2.2.

Procedural Posture

SOR issuedNov 28, 2005
Answer filedDec 5, 2005
Hearing heldMar 15, 2006
Decision dateJun 27, 2006

Cite For

Evaluation of Foreign Influence Under Guideline B
Importance of the Whole Person Concept in Security Clearance Determinations
Consideration of Family Ties and Financial Interests in Security Clearance Cases.

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 (73) is a citizen and resident of Lebanon, but now holds a U.S. Permanent Resident Card and makes visits to Applicant in the U.S., the last time being in late 2005. His three sisters, and two brothers remain citizens and residents of Lebanon. His deceased father (2003) was a taxi driver most of his life.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.b	Applicant's father-in-law and mother-in-law have immigrated to the U.S. and hold U.S. Permanent Resident Cards. His three brothers-in-law have received approval to immigrate to the U.S. and are awaiting visa numbers. His two sisters-in-law remain citizens and residents of Lebanon. One brother-in-law is a city traffic policeman. Other than that, none of his relatives have any connection with any level of government in Lebanon.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.c	Applicant sends his mother approximately $500.00 every two to three months, to assist her financially. Lebanon does not have any system like Social Security.	For Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.d	Applicant owns a home in Lebanon valued at approximately $78,000.00. His home in the U.S. is worth about ten times that figure.	For Applicant	Foreign Real Estate Financial or Property Interest	Lebanon	Admitted	(b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant sent approximately $35,000.00 to his brother-in-law (a civil engineer) in Lebanon, to construct the home in which Applicant and his family can stay when visiting Lebanon. They own a home in State A worth about ten times that amount.	For Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon	Admitted	(b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.f	Applicant traveled to Lebanon in 1991 and typically travels there every five years or so to visit his family. His last visit was in August 2005. He visits Lebanon primarily so that his daughters can get to know their uncles, aunts, and cousins. They all have and use only U.S. passports. His passport expires in 2010.	For Applicant	Unspecified Foreign Relationship Other	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother (73) is a citizen and resident of Lebanon, but now holds a U.S. Permanent Resident Card and makes visits to Applicant in the U.S., the last time being in late 2005. His three sisters, and two brothers remain citizens and residents of Lebanon. His deceased father (2003) was a taxi driver most of his life.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.b

Applicant's father-in-law and mother-in-law have immigrated to the U.S. and hold U.S. Permanent Resident Cards. His three brothers-in-law have received approval to immigrate to the U.S. and are awaiting visa numbers. His two sisters-in-law remain citizens and residents of Lebanon. One brother-in-law is a city traffic policeman. Other than that, none of his relatives have any connection with any level of government in Lebanon.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.c

Applicant sends his mother approximately $500.00 every two to three months, to assist her financially. Lebanon does not have any system like Social Security.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.d

Applicant owns a home in Lebanon valued at approximately $78,000.00. His home in the U.S. is worth about ten times that figure.

For Applicant

Foreign Real Estate

Financial or Property Interest

Lebanon

Admitted

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.e

Applicant sent approximately $35,000.00 to his brother-in-law (a civil engineer) in Lebanon, to construct the home in which Applicant and his family can stay when visiting Lebanon. They own a home in State A worth about ten times that amount.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

Admitted

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.f

Applicant traveled to Lebanon in 1991 and typically travels there every five years or so to visit his family. His last visit was in August 2005. He visits Lebanon primarily so that his daughters can get to know their uncles, aunts, and cousins. They all have and use only U.S. passports. His passport expires in 2010.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

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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