ISCR Case 15-06242.h1

Case Headnote

ISCR Case No. 15-06242.h1

grantedJan 25, 2017· Hon. Richard A. Cefola· hearing

Summary

A 41-year-old U.S. citizen and defense contractor, originally from France, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant's family, including his 78-year-old father, 74-year-old mother, and twin sisters, are French citizens residing in France or Norway. His parents are retired university professors receiving French government pensions, and he provides no financial support to any of his relatives. He contacts his parents and one sister every two to three weeks, and his other sister every month and a half to two months.

Financial concerns included approximately $75,000 in a French bank account, a donation from his mother before his U.S. immigration, which he plans to transfer to a U.S. account. He is also due to receive about $95,000 as an inheritance from his deceased grandmother's property. In the U.S., he has $80,000 in home equity, $10,000 in savings, and $50,000 in a retirement account, with a combined annual income of about $200,000 with his wife.

The applicant, who immigrated in January 2000 and became a U.S. citizen in September 2012, initially retained his French passport, renewing it in 2015 to pursue dual nationality for his children. However, he surrendered it to his Facility Security Officer in August 2016. The judge found that surrendering the passport, combined with infrequent contact with foreign relatives and minimal foreign financial interests compared to his U.S. assets, mitigated the security concerns, leading to the clearance being granted.

Why the Applicant Prevailed

The applicant surrendered his French passport to his Facility Security Officer, mitigating foreign preference concerns.
The applicant's contact with foreign relatives was infrequent and did not indicate divided loyalties.
The applicant's financial interests in France were minimal compared to his substantial assets in the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country
AG ¶ 10(a)raisedPossession of a Current Foreign Passport

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons
AG ¶ 8(c)appliedInfrequent Contact with Foreign Citizens
AG ¶ 11(e)appliedSurrender of Foreign Passport

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 16, 2016
Answer filedApr 26, 2016
Hearing heldJul 13, 2016
Decision dateJan 25, 2017

Cite For

Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passport
Infrequent Contact with Foreign Relatives as a Mitigating Factor
Consideration of Financial Interests in the Context of Foreign Influence

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 78-year-old father and 74-year-old mother are citizens and residents of France. They are both retired university professors. They both receive a pension from the French government, and Applicant provides no financial support to his parents. Applicant contacts his parents every “two to three weeks.”	For Applicant	Parent in Foreign Country Immediate Family	France	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.b	Applicant’s twin sisters are citizens of France. One, who also lives in France, is a hospital secretary. She has no connection with the French government, and Applicant does not provide her any financial support. He contacts this sister “every two to three weeks.” Applicant’s other sister “works for an oil company in Norway.” She has no connection with the French government, but he is unsure if she has any connection with the Norwegian government through the oil industry. He does not provide her any financial support. He contacts this sister “every month and a half, two months.”	For Applicant	Sibling in Foreign Country Immediate Family	France	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.c	Applicant has about $75,000 in a bank account in France. His mother gave this “donation” to Applicant prior to his immigration to the United States. He plans to transfer these monies to a U.S. bank account. Applicant will also receive about $95,000, as an inheritance, as the result of his deceased grandmother’s property, pending sale. He has no “other property interest in France,” as alleged.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	France	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—
2.d	In the United States, Applicant has $80,000 of equity in his $500,000 home, and he and his wife have a combined annual income of about $200,000. He also has about $10,000 in savings, and about $50,000 in a retirement account, both in the United States.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s 78-year-old father and 74-year-old mother are citizens and residents of France. They are both retired university professors. They both receive a pension from the French government, and Applicant provides no financial support to his parents. Applicant contacts his parents every “two to three weeks.”

For Applicant

Parent in Foreign Country

Immediate Family

France

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.b

Applicant’s twin sisters are citizens of France. One, who also lives in France, is a hospital secretary. She has no connection with the French government, and Applicant does not provide her any financial support. He contacts this sister “every two to three weeks.” Applicant’s other sister “works for an oil company in Norway.” She has no connection with the French government, but he is unsure if she has any connection with the Norwegian government through the oil industry. He does not provide her any financial support. He contacts this sister “every month and a half, two months.”

For Applicant

Sibling in Foreign Country

Immediate Family

France

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.c

Applicant has about $75,000 in a bank account in France. His mother gave this “donation” to Applicant prior to his immigration to the United States. He plans to transfer these monies to a U.S. bank account. Applicant will also receive about $95,000, as an inheritance, as the result of his deceased grandmother’s property, pending sale. He has no “other property interest in France,” as alleged.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

France

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

2.d

In the United States, Applicant has $80,000 of equity in his $500,000 home, and he and his wife have a combined annual income of about $200,000. He also has about $10,000 in savings, and about $50,000 in a retirement account, both in the United States.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was born in France, but immigrated to the United States in January of 2000. He became a U.S. citizen in September of 2012. Although he initially retained his French passport after becoming a U.S. citizen, he only used his U.S. passport when traveling outside the United States. In 2015, he renewed his French passport in hope of obtaining dual nationality for his two children. In August of 2016, however, he surrendered his French passport to his Facility Security Officer (FSO), as evidenced by a letter from his FSO.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Surrender of Foreign Passport

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was born in France, but immigrated to the United States in January of 2000. He became a U.S. citizen in September of 2012. Although he initially retained his French passport after becoming a U.S. citizen, he only used his U.S. passport when traveling outside the United States. In 2015, he renewed his French passport in hope of obtaining dual nationality for his two children. In August of 2016, however, he surrendered his French passport to his Facility Security Officer (FSO), as evidenced by a letter from his FSO.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Credited

Surrender of Foreign Passport

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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