ISCR Case 16-02875.h1

Case Headnote

ISCR Case No. 16-02875.h1

grantedSep 6, 2018· Hon. Richard A. Cefola· hearing

Summary

A 53-year-old U.S. citizen and manufacturing engineer was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The concerns stemmed from his family ties in Turkey and his retention of a Turkish passport after becoming a U.S. citizen in October 2011.

Specifically, the applicant's 80-year-old mother, 54-year-old brother, 71-year-old mother-in-law, and 68-year-old father-in-law are all citizens and residents of Turkey. However, the judge found that his contact with these relatives was limited, occurring about four times a year with his mother, once a year with his brother, and monthly with his in-laws. Additionally, the applicant co-owned "inheritance" real estate in Turkey valued at approximately $10,000, but his $5,000 interest was deemed outweighed by his significant U.S. connections, including owning a U.S. residence since 2001.

The primary mitigating factor was the applicant's relinquishment of his valid Turkish passport to his employer's Security Service on August 7, 2017. This action, coupled with his limited contact with foreign relatives and strong U.S. ties, led to the determination that the security concerns were mitigated, and the clearance was granted.

Why the Applicant Prevailed

Applicant relinquished his Turkish passport to his employer's security service, mitigating foreign preference concerns.
Limited contact with Turkish relatives reduced the risk of foreign influence.
The applicant's long-standing ties to the U.S. outweighed his minimal foreign property interest.

Conditions Referenced

Disqualifying

C10(b)raisedFailure to Report Possession of a Foreign Passport
B7(a)raisedContact with Foreign Family Members
B7(f)raisedSubstantial Property Interests in a Foreign Country

Mitigating

C11(d)appliedExercise of Foreign Citizenship Rights Occurred Before U.S. Citizenship
B8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
B8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
B8(c)appliedCasual and Infrequent Contact with Foreign Citizens
B8(f)appliedMinimal Value of Foreign Property Interests

Key Rule Quoted

“By itself; the fact that a U.S. citizen is also a citizen of another country is not disqualifying without an objective showing of such conflict or attempt at concealment.”
— AG ¶ 9

Procedural Posture

SOR issuedNov 24, 2016
Answer filedDec 7, 2016
Hearing held—Decided on the written record without a hearing.
Decision dateSep 6, 2018

Cite For

Mitigation of Foreign Preference Concerns Due to Relinquishment of Foreign Passport
Limited Contact with Foreign Relatives as a Mitigating Factor Under Guideline B
Whole-person Concept Applied in Evaluating Foreign Influence Risks

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
2.a	Applicant admits that his 80-year-old mother is a citizen and resident of Turkey. He contacts his mother about four times a year. In light of Applicant’s limited contact with his elderly retired mother, I find no Foreign Influence here.	For Applicant	Parent in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.b	Applicant admits that his 54-year-old brother is a citizen and resident of Turkey. He contacts his brother about once a year. In light of Applicant’s limited contact with his retired brother, I find no Foreign Influence here.	For Applicant	Sibling in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.c	Applicant admits that his 71-year-old mother-in-law, and his 68 year old father-in-law, are citizens and residents of Turkey. He contacts his in-laws on a monthly basis. In light of Applicant’s fairly limited contact with his elderly homemaker mother-in-law, and his elderly retired father-in-law, I find no Foreign Influence here.	For Applicant	In Law in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.d	Applicant admits that he co-owns “inheritance” real estate in Turkey with a total value of about $10,000. I find that Applicant’s $5,000 Turkish property interest is far outweighed by his connections in the United States. He has owned a U.S. residence since 2001.	For Applicant	Foreign Real Estate Financial or Property Interest	Turkey HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant admits that his 80-year-old mother is a citizen and resident of Turkey. He contacts his mother about four times a year. In light of Applicant’s limited contact with his elderly retired mother, I find no Foreign Influence here.

For Applicant

Parent in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Admitted

—

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

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.b

Applicant admits that his 54-year-old brother is a citizen and resident of Turkey. He contacts his brother about once a year. In light of Applicant’s limited contact with his retired brother, I find no Foreign Influence here.

For Applicant

Sibling in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Admitted

—

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

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.c

Applicant admits that his 71-year-old mother-in-law, and his 68 year old father-in-law, are citizens and residents of Turkey. He contacts his in-laws on a monthly basis. In light of Applicant’s fairly limited contact with his elderly homemaker mother-in-law, and his elderly retired father-in-law, I find no Foreign Influence here.

For Applicant

In Law in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Admitted

—

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

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.d

Applicant admits that he co-owns “inheritance” real estate in Turkey with a total value of about $10,000. I find that Applicant’s $5,000 Turkish property interest is far outweighed by his connections in the United States. He has owned a U.S. residence since 2001.

For Applicant

Foreign Real Estate

Financial or Property Interest

Turkey

HEIGHTENED RISK

Admitted

—

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

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant admits that after becoming a U.S. citizen in October of 2011, he retained a valid Turkish passport. On August 7, 2017, Applicant “relinquished” this passport to his employer’s “Security Service,” as evidence by a letter from said Service (AppX A.) Furthermore, Applicant has been informed that any future request from him to reclaim this passport will be reported to the government. (Id.)	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Exercise of Foreign Citizenship Rights Occurred Before U.s. Citizenship

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant admits that after becoming a U.S. citizen in October of 2011, he retained a valid Turkish passport. On August 7, 2017, Applicant “relinquished” this passport to his employer’s “Security Service,” as evidence by a letter from said Service (AppX A.) Furthermore, Applicant has been informed that any future request from him to reclaim this passport will be reported to the government. (Id.)

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Exercise of Foreign Citizenship Rights Occurred Before U.s. Citizenship

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION