Summary
This case involved a 46-year-old defense contractor employee seeking a security clearance, with concerns raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted the applicant's dual citizenship with the United States and Greece, acquired in 2006 to own property in Greece. The applicant stated his intent to maintain Greek citizenship but did not possess a Greek passport. Disqualifying conditions under both guidelines were considered.
However, the judge found that the applicant successfully mitigated these concerns. The applicant's Greek citizenship was determined to be based solely on parental lineage and did not pose a conflict with U.S. national security interests. His property in Greece and family ties in South Korea were assessed as low risk, unlikely to influence his allegiance to the U.S.
Ultimately, the applicant demonstrated strong familial ties within the U.S. and a clear commitment to national security through his testimony. Based on these mitigating factors, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's Greek citizenship was based solely on parental lineage and did not present a conflict with U.S. national security interests.
- The applicant's property in Greece and ties to South Korea were deemed low risk and unlikely to influence his allegiance to the U.S.
- The applicant's strong familial ties to the U.S. and his commitment to national security were evident in his testimony.
Conditions Referenced
- AG ¶ 10(a)raisedApplying for And/or Acquiring Citizenship in Any Other Country.
- AG ¶ 7(a)raisedContact with a Foreign Family Member That Creates a Heightened Risk of Foreign Exploitation.
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest.
- AG ¶ 7(e)raisedShared Living Quarters with a Foreign National That Creates a Heightened Risk of Foreign Inducement.
- AG ¶ 11(a)appliedThe Foreign Citizenship Is Not in Conflict with U.S. National Security Interests.
- AG ¶ 11(b)appliedDual Citizenship Based Solely on Parental Citizenship with No Evidence of Foreign Preference.
- AG ¶ 11(e)appliedThe Exercise of Foreign Citizenship Entitlements Does Not Present a National Security Concern.
- AG ¶ 11(f)appliedThe Foreign Preference Involves a Country That Poses a Low National Security Risk.
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Allegiance to Foreign Contacts.
- AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements Regarding Foreign Contacts.
- AG ¶ 8(f)appliedThe Value or Routine Nature of Foreign Interests Is Unlikely to Result in a Conflict.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 4, 2016
- Answer filedAug 12, 2016
- Hearing heldDec 20, 2016
- Decision dateJun 20, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Foreign Preference Concerns Under Guideline C
- Consideration of Familial Ties and Property Ownership in Security Clearance Determinations.