Summary
A 52-year-old U.S. citizen residing in Belgium was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and K (Handling Protected Information). The Statement of Reasons specifically alleged that the applicant applied for or acquired citizenship in another country and deliberately omitted or falsified information about his Romanian citizenship on his security questionnaire. These allegations raised disqualifying conditions under AG ¶ 10(a), AG ¶ 16(a), and AG ¶ 7(a).
However, the applicant successfully mitigated these concerns. He demonstrated that his Romanian citizenship was involuntary and that he had no intention of exercising any associated rights, applying mitigating conditions AG ¶ 9 and AG ¶ 15. While prior security violations were acknowledged, the applicant showed significant improvement in handling classified information since 2011, addressing concerns under AG ¶ 6.
Ultimately, the judge found the applicant's testimony credible and supported by character references, which affirmed his loyalty to the United States. Based on the demonstrated lack of intent to exercise foreign citizenship, commitment to U.S. values, and improved handling of classified information, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated that his Romanian citizenship was involuntary and did not intend to exercise any rights associated with it.
- The applicant's prior security violations were acknowledged, but he showed significant improvement in handling classified information since 2011.
- The applicant provided credible testimony and character references that supported his loyalty to the United States.
Conditions Referenced
- AG ¶ 10(a)rejectedForeign PreferenceThe applicant did not apply for or acquire Romanian citizenship; it was obtained at birth.
- AG ¶ 16(a)rejectedPersonal ConductThe applicant disclosed his dual citizenship on his application and did not intend to mislead.
- AG ¶ 7(a)rejectedForeign InfluenceThe applicant's foreign contacts did not create a heightened risk of foreign exploitation.
- AG ¶ 9appliedForeign PreferenceThe applicant's actions did not indicate a preference for Romania over the United States.
- AG ¶ 15appliedPersonal ConductThe applicant's disclosure of his citizenship was deemed honest and forthright.
- AG ¶ 6appliedForeign InfluenceThe applicant's family ties did not create a conflict of interest or risk of coercion.
Key Rule Quoted
“The entire process is a conscientious scrutiny of a number of variables known as the 'whole-person concept.'”
Procedural Posture
- SOR issuedDec 8, 2016
- Answer filedFeb 21, 2017
- Hearing heldFeb 8, 2018
- Decision dateJun 26, 2018
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Involuntary Acquisition of Foreign Citizenship Under Guideline C
- Consideration of Personal Conduct in Security Clearance Evaluations Under Guideline E