ISCR Case 15-07792.h1

Case Headnote

ISCR Case No. 15-07792.h1

grantedJul 14, 2017· Hon. Philip J. Katauskas· hearing

Summary

A 57-year-old naturalized U.S. citizen, originally from Israel, was granted a security clearance after successfully mitigating concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her parents and two sisters as citizens and residents of Israel, with whom she maintains close contact. Additionally, the applicant possessed a valid Israeli passport, used for travel as recently as May 2015, and had voted in Israeli elections.

The judge determined that these issues were mitigated. The applicant's disclosure of her Israeli passport and voting history was not considered disqualifying under the revised guidelines. Furthermore, she demonstrated no financial interests or business ties in Israel, which addressed foreign influence concerns.

Crucially, the applicant's family members in Israel were found to have no affiliations with the Israeli government or military, thereby reducing the risk of coercion. Based on these factors, the judge concluded that the applicant had successfully mitigated the initial concerns, and her eligibility for access to classified information was granted.

Why the Applicant Prevailed

The applicant disclosed her Israeli passport and voting in Israeli elections, which were not deemed disqualifying under the revised guidelines.
The applicant has no financial interests or business ties in Israel, mitigating foreign influence concerns.
The applicant's family members in Israel have no affiliations with the Israeli government or military, reducing the risk of coercion.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedPossession of Foreign Citizenship
AG ¶ 10(b)raisedFailure to Report Possession of a Foreign Passport
AG ¶ 10(c)notedFailure to Use a U.S. Passport When Entering or Exiting the U.S.
AG ¶ 10(d)raisedParticipation in Foreign Activities
AG ¶ 7(a)raisedContact with Foreign Family Members

Mitigating

AG ¶ 11(a)appliedForeign Citizenship Not in Conflict with U.S. National Security Interests
AG ¶ 11(b)appliedDual Citizenship Based Solely on Parental Citizenship or Birth
AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong Ties to the U.S.

Key Rule Quoted

“The mere existence of close family ties with family members is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedMay 12, 2016
Answer filedJun 20, 2016Requested decision based on written record.
Hearing held—No hearing; decision based on written record.
Decision dateJul 14, 2017

Cite For

Mitigation of Foreign Preference Under Guideline C
Consideration of Family Ties in Foreign Influence Cases
Impact of Dual Citizenship on Security Clearance Eligibility

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 parents are citizens and residents of Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.b	Applicant’s two sisters are citizens and residents of Israel.	For Applicant	Sibling in Foreign Country Immediate Family	Israel LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.c	Applicant maintains close contact with several friends who are citizens and residents of Israel.	For Applicant	Friend in Foreign Country Friend	Israel LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s parents are citizens and residents of Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

LOW RISK / ALLY

Admitted

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

2.b

Applicant’s two sisters are citizens and residents of Israel.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

LOW RISK / ALLY

Admitted

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

2.c

Applicant maintains close contact with several friends who are citizens and residents of Israel.

For Applicant

Friend in Foreign Country

Friend

Israel

LOW RISK / ALLY

Admitted

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possesses a currently valid Israeli passport that she used to travel to Israel as recently as May 2015.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.b	Applicant voted in Israeli elections.	For Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possesses a currently valid Israeli passport that she used to travel to Israel as recently as May 2015.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.b

Applicant voted in Israeli elections.

For Applicant

Foreign Voting

Admitted

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

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

DISCUSSION

CONCLUSION

FORMAL FINDINGS

FOOTNOTES