Summary
A 50-year-old dual citizen of the United States and Russia was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained unrenounced dual citizenship with Russia and had voted in a Russian national election on March 3, 2008. He also expressed an intent to renew his Russian passport to facilitate moving his father-in-law to the United States.
The Statement of Reasons cited these factors, along with the applicant's ongoing contacts with family and friends in Russia, including his Russian citizen father-in-law, as creating a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. These conditions raised disqualifying concerns under the applicable guidelines.
Despite the consideration of mitigating conditions, the judge found that the applicant's unrenounced dual citizenship, his participation in a foreign election, and his close relationship with his father-in-law in Russia indicated a preference for a foreign country and created an unmitigated risk of foreign influence. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant maintained dual citizenship with Russia and did not renounce his Russian citizenship.
- He voted in the Russian presidential election after becoming a U.S. citizen, indicating a preference for a foreign country.
- The applicant's close relationship with his father-in-law in Russia raised significant security concerns under foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion
- AG ¶ 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest Between the Individual’s Obligation to Protect Sensitive Information or Technology and the Individual’s Desire to Help a Foreign Person, Group, or Country by Providing That Information
- AG ¶ 10(a)raisedExercise of Any Right, Privilege, or Obligation of Foreign Citizenship After Becoming a United States Citizen or Through the Foreign Citizenship of a Family Member. This Includes but Is Not Limited To: (1) Possession of a Current Foreign Passport; and (7) Voting in a Foreign Election
- AG ¶ 8(a)rejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.The applicant's close relationship with his father-in-law indicated a potential conflict of interest.
- AG ¶ 8(b)rejectedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is so Minimal, or the Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. InterestThe applicant's loyalty to his father-in-law in Russia was deemed significant.
- AG ¶ 8(c)rejectedContact or Communication with Foreign Citizens Is so Casual or Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or ExploitationThe applicant's frequent contact with his father-in-law and friends in Russia was not considered casual.
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant did not express a willingness to renounce his Russian citizenship.
- AG ¶ 11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe applicant indicated intentions to renew his Russian passport.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 3, 2009
- Answer filedDec 17, 2009
- Hearing held—Decided on the written record.
- Decision dateMay 28, 2010
Cite For
- Security Concerns Related to Dual Citizenship Under Guideline C
- Impact of Foreign Family Ties on Security Clearance Eligibility Under Guideline B
- The Significance of Voting in Foreign Elections post-U.S. Citizenship as a Disqualifying Factor.