Summary
A 26-year-old U.S. citizen, born in Canada, was granted a security clearance despite initial concerns under Guideline C (Foreign Preference) related to his dual citizenship. The Statement of Reasons alleged that the applicant possessed a current foreign passport, accepted benefits from a foreign country, and voted in a foreign election. These allegations raised disqualifying conditions including possessing a foreign passport, exercising foreign citizenship, and receiving foreign benefits.
However, the judge found that the applicant successfully mitigated these security concerns. The applicant demonstrated a clear willingness to renounce his dual citizenship, which was a key factor in the decision. He formally surrendered his Canadian passport, with the action witnessed by his facility security officer.
Furthermore, the applicant had not participated in a Canadian election since 2004 and is a registered voter in the U.S. He also exclusively uses his U.S. passport for all international travel. These actions satisfied mitigating conditions, leading to the granting of the security clearance.
Why the applicant prevailed
- Applicant expressed a willingness to renounce dual citizenship.
- Applicant surrendered his Canadian passport, which was witnessed by his facility security officer.
- Applicant has not voted in a Canadian election since 2004 and is a registered U.S. voter.
Conditions referenced
- AG ¶ 10(a)raisedExercise of Foreign Citizenship RightsApplicant possessed a Canadian passport and voted in a Canadian election after becoming a U.S. citizen.
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign PassportApplicant held a valid Canadian passport until 2008.
- AG ¶ 10(a)(3)raisedAccepting Benefits From a Foreign CountryApplicant received Canadian healthcare benefits in 2004.
- AG ¶ 10(a)(7)raisedVoting in a Foreign ElectionApplicant voted in a Canadian election in 2004.
- AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
- AG ¶ 11(e)appliedPassport Has Been Destroyed or Invalidated
- AG ¶ 11(f)rejectedVoting in a Foreign Election Encouraged by the U.S. GovernmentThere is no evidence that his voting was encouraged by the U.S. Government.
Key rule quoted
“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to receive or continue to have access to classified information.”
Procedural posture
- SOR issuedJul 8, 2010
- Answer filedAug 5, 2010
- Hearing heldJun 3, 2011via video teleconference
- Decision dateJun 14, 2011
Cite for
- Mitigation of Foreign Preference Concerns Under Guideline C
- Renunciation of Dual Citizenship as a Mitigating Factor
- Exclusive Use of U.S. Passport for International Travel as Evidence of Allegiance to the U.S.