Guidelines in DOHA decisions · Guideline C

Guideline C: Foreign Preference

How published DOHA decisions with Foreign Preference as their primary guideline came out, before and after SEAD 4, and which of the guideline's conditions they cite most.

What does SEAD 4 say about Guideline C?

“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may provide information or make decisions that are harmful to the interests of the United States.”

SEAD 4, Appendix A, ¶9 (The Concern), first sentence. The disqualifying conditions are ¶10; the mitigating conditions ¶11.

How did the decisions come out?

Decisions932 with this primary guideline; 128 of them Appeal Board decisions
Initial decisionsGranted: 55% of 804 (95% interval 51%–58%)
Before SEAD 4Granted: 53% of 763 (95% interval 50%–57%)
After SEAD 4Granted: 83% of 41 (95% interval 69%–91%)

Which conditions do the decisions cite most?

Disqualifying conditions (¶10)
  • ¶10(a) cited in 21 of 44 decisions
  • ¶10(d) cited in 20 of 44 decisions
  • ¶10(c) cited in 16 of 44 decisions
  • ¶10(b) cited in 15 of 44 decisions
  • ¶10(e) cited in 5 of 44 decisions
Mitigating conditions (¶11)
  • ¶11(a) cited in 17 of 44 decisions
  • ¶11(b) cited in 17 of 44 decisions
  • ¶11(e) cited in 17 of 44 decisions
  • ¶11(f) cited in 14 of 44 decisions
  • ¶11(c) cited in 10 of 44 decisions

43 of the 44 decisions since June 8, 2017 cite at least one condition. Read each condition's wording in SEAD 4, Appendix A, ¶10 and ¶11.

← Guideline B: Foreign Influence · All guidelines · Guideline D: Sexual Behavior →

How these figures are made

DecisionsThe 31,489 published DOHA decisions in the Adjudication Atlas (1996–2026), converted from the library on 2026-09-28. Metadata only: no decision text.
Primary guidelineFrom each decision's Formal Findings: the first guideline found against the applicant, or for a grant the first listed.
Grant rateInitial decisions only (Appeal Board decisions are counted separately), among those with a known outcome; remanded decisions have no result and are left out. A rate is shown only from 20 known outcomes, with its 95% Wilson interval.
Before and after SEAD 4By decision date: on or after June 8, 2017 is after SEAD 4.
Cited conditionsCounted in decisions dated on or after June 8, 2017, so the paragraph numbers are SEAD 4's. A citation is not a finding: judges also cite conditions they find do not apply.

Guideline text: SEAD 4, National Security Adjudicative Guidelines (effective June 8, 2017), Appendix A; quoted from the Department of Energy's copy, checked . Figures: Atlas d5c6b37. Describes published decisions; does not predict any case. Not legal advice.