ISCR Case 14-02971.h1

Case Headnote

ISCR Case No. 14-02971.h1

deniedJul 1, 2014· Hon. Juan J. Rivera· hearing

Summary

A 58-year-old senior manager, holding dual citizenship with the United States and Israel, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from extensive family ties in Israel and the applicant's use of an Israeli passport.

Specifically, the applicant's father, siblings, and extended family are Israeli citizens and residents; his father is a retired Israeli government employee receiving a pension and Holocaust survivor benefits. The applicant, his siblings, wife, and children all served in the Israeli military. He also maintains contact with Israeli friends, including a retired military officer, and owns an apartment in Israel valued between $150,000 and $500,000.

Regarding foreign preference, the applicant maintained and used a valid Israeli passport for 12 trips to Israel between 2006 and 2016, after becoming a U.S. citizen and receiving his U.S. passport in 1997. He stated he was required by Israeli law to use his Israeli passport for travel to Israel and did not believe this demonstrated a preference for Israel. Despite some mitigating factors related to foreign preference, the judge found that the applicant's foreign family contacts created a heightened risk of foreign exploitation, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's foreign family contacts created a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.
The mitigating information was insufficient to fully overcome the foreign influence security concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons
AG ¶ 7(e)appliedSubstantial Business or Property Interest in a Foreign Country
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights
AG ¶ 10(b)raisedAcquisition of Foreign Citizenship

Mitigating

AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedSurrender of Foreign Passport

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 23, 2015
Answer filedJul 20, 2015
Hearing heldApr 4, 2016
Decision dateApr 14, 2016

Cite For

Heightened Risk of Foreign Exploitation Due to Family Ties Under Guideline B
Disqualifying Conditions Related to Foreign Preference Under Guideline C
Mitigating Factors for Foreign Preference and Influence Concerns

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’s father, siblings, and extended family members are citizens and residents of Israel.	Against Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	His father retired after being employed by the Israeli government and receives a retiree pension and Holocaust survivor benefits.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant and his siblings served in the Israeli military.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	He maintains contact with friends who are citizens and residents of Israel, including a retired military officer.	Against Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	Applicant’s wife and children are dual citizens of Israel and the United States.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.f	Applicant owns an apartment in Israel, purchased in 2007, with an estimated value between $150,000 and $500,000.	Against Applicant	Foreign Real Estate Financial or Property Interest	Israel HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
2.g–2.i	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, siblings, and extended family members are citizens and residents of Israel.

Against Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

—

2.b

His father retired after being employed by the Israeli government and receives a retiree pension and Holocaust survivor benefits.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Israel

HEIGHTENED RISK

Admitted

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

—

2.c

Applicant and his siblings served in the Israeli military.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Israel

HEIGHTENED RISK

Admitted

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

—

2.d

He maintains contact with friends who are citizens and residents of Israel, including a retired military officer.

Against Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Israel

HEIGHTENED RISK

Admitted

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

—

2.e

Applicant’s wife and children are dual citizens of Israel and the United States.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

—

2.f

Applicant owns an apartment in Israel, purchased in 2007, with an estimated value between $150,000 and $500,000.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Israel

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

2.g–2.i

3 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant maintained and used a valid Israeli passport after becoming a U.S. citizen and receiving his U.S. passport in 1997. Between 2006 and 2016, he traveled 12 times to Israel using his Israeli passport to visit his father, family members, and friends. He has a large extended family and tries to visit Israel at least once a year. He noted that under Israeli law, he was required to use his Israeli passport to travel to Israel. He testified he had no notion that his use of the Israeli passport would demonstrate a preference for Israel over the United States. (SOR ¶ 1.a)	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant maintained and used a valid Israeli passport after becoming a U.S. citizen and receiving his U.S. passport in 1997. Between 2006 and 2016, he traveled 12 times to Israel using his Israeli passport to visit his father, family members, and friends. He has a large extended family and tries to visit Israel at least once a year. He noted that under Israeli law, he was required to use his Israeli passport to travel to Israel. He testified he had no notion that his use of the Israeli passport would demonstrate a preference for Israel over the United States. (SOR ¶ 1.a)

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(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.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

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Case Profile

Summary

Why the Applicant Was Denied

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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES