Summary
A 25-year-old dual citizen of the U.S. and the Netherlands was denied a security clearance under Guideline C (Foreign Preference). The applicant possessed both U.S. and Netherlands passports, with the Netherlands passport issued in January 2007 and renewed in April 2012, and the U.S. passport issued in October 2010.
The Statement of Reasons noted that the applicant traveled to various foreign countries, including those in the European Union, for education or tourism for periods up to more than 30 days within the last seven years. While the specific passport used for most travel was not identified, the applicant admitted to using his Netherlands passport for travel to Australia for efficiency and convenience.
The judge determined that the applicant failed to mitigate security concerns. Key factors in the denial included the applicant's lack of willingness to renounce his foreign citizenship, his use of the Netherlands passport for travel, and his failure to surrender or invalidate the foreign passport. These actions indicated a preference for foreign citizenship, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant did not express a willingness to renounce his foreign citizenship.
- The applicant used his Netherlands passport for travel, indicating a preference for foreign citizenship.
- The applicant failed to surrender or invalidate his foreign passport, which raised security concerns.
Conditions referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 11(a)appliedDual Citizenship Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant did not indicate a willingness to renounce his foreign citizenship.
- AG ¶ 11(d)rejectedUse of a Foreign Passport Approved by the Cognizant Security AuthorityThe applicant's use of the Netherlands passport was not approved.
- AG ¶ 11(e)rejectedPassport Has Been Destroyed, Surrendered, or InvalidatedThe applicant did not surrender or invalidate his foreign passport.
Key rule quoted
“"No one has a ‘right’ to a security clearance."”
Procedural posture
- SOR issuedSep 26, 2015
- Answer filedOct 21, 2015Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateOct 19, 2016
Cite for
- Failure to Mitigate Foreign Preference Under Guideline C
- Importance of Expressing Willingness to Renounce Foreign Citizenship
- Use of Foreign Passport as a Disqualifying Condition