Foreign land ownership can be a potential concern during a security clearance investigation, but it doesn’t automatically result in denial. It all depends on the context and how it ties into the Adjudicative Guidelines used to assess eligibility—specifically Guideline B: Foreign Influence and Guideline L: Outside Activities.
One ClearanceJobsBlog subscriber writes:
Hello, I am a natural born US citizen undergoing TS/SCI clearance. My parents are also US citizens, but were born in India and came to the US in 1992. They’ve lived and worked in the US their whole lives, but the past few years my mom has gone back and forth over contested family land in India. She’s been in court often and even had false harassment cases filed against her by her own family. Would this be a deterrent to attaining a TS/SCI clearance for myself?
Keep in mind this is YOUR investigation, not your mothers.
Owning property in a foreign country may raise red flags because it could create a foreign financial interest that makes you vulnerable to coercion or pressure, indicate close ties to foreign nationals or governments, especially if the country is adversarial to U.S. interests, or lead to dual loyalties or perceived conflicts of interest, especially if the property is actively managed or profitable.
But, security clearance determinations are a pretty holistic, “whole-person” kind of process, so several mitigating factors could help. The country where the land is located (allies vs. adversaries) matters a lot. If the property is in a country like China, Russia, or Iran, the scrutiny will be far more intense. For Five Eyes countries (like the UK, Canada, Australia), the risk is considered lower, but you still need to report it.
Other things that may be considered over the course of the background investigation process include whether the property was inherited vs. actively purchased, the level of control or involvement you have in the land, whether you have disposed of the asset or taken steps to reduce foreign entanglements, and of course, your willingness to be transparent and cooperative about it during the clearance process.
When a background investigator comes knocking, be ready to explain:
- Where the land is
- How it came into your possession
- Its value and current use
- Whether it’s generating income
- Any foreign contacts involved
This question was posed from a subscriber at ClearanceJobsBlog.com, where you can read and discuss government security clearance process, how to get a security clearance job, and background investigations issues.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.Â
