Summary
The applicant, a 60-year-old dual citizen of the United States and Canada, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his ties to foreign family members and possession of a Canadian passport. The applicant mitigated these concerns by relinquishing his Canadian passport and demonstrating minimal contact with foreign relatives, leading to a decision granting his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant owns a home in Canada worth about $136,000 (1.a). His mother is a dual citizen of Canada and Taiwan residing in Canada (1.b). His sister is a dual citizen of Canada and Taiwan residing in Taiwan (1.c). His father-in-law is a citizen and resident of Croatia (1.d). His mother-in-law is a citizen and resident of Serbia (1.e). His wife is a dual citizen of Canada and Serbia (1.f). Applicant has a retirement savings account in Canada worth about $53,000 (1.g). In 2013, Applicant obtained a Canadian passport that will expire in 2018 (2.a). After becoming a U.S. citizen in 2011, Applicant used his Canadian passport at least once (2.b). Applicant is maintaining his Canadian citizenship to protect the retirement savings account referenced at SOR 1.g (2.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 10(a)(1). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 11(e). The decision turned on the following: The applicant relinquished his Canadian passport, which has been destroyed; The applicant's ties to foreign family members do not create a heightened risk of coercion or conflict of interest; The applicant has established a strong personal and professional life in the United States.
Why the Applicant Prevailed
- The applicant relinquished his Canadian passport, which has been destroyed.
- The applicant's ties to foreign family members do not create a heightened risk of coercion or conflict of interest.
- The applicant has established a strong personal and professional life in the United States.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 10(a)(1)raisedExercise of Foreign Citizenship Rights
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 11(e)appliedDestruction of Foreign Passport
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedSep 17, 2015
- Answer filed—
- Hearing heldApr 25, 2016
- Decision dateMay 13, 2016Record closed after admitting post-hearing exhibit.
Cite For
- Mitigation of Foreign Influence Concerns Due to Minimal Contact with Foreign Relatives
- Relinquishment of Foreign Passport as a Mitigating Factor Under Guideline C
- Establishment of a Strong Personal and Professional Life in the U.S. as a Mitigating Condition Under Guideline B