Summary
A 45-year-old defense contractor, born in Switzerland and a U.S. citizen since 1995, was denied a security clearance due to concerns under Guideline C (Foreign Preference). The applicant maintained dual citizenship and a valid Swiss passport, actively exercising her Swiss citizenship by obtaining and using the passport after becoming a U.S. citizen.
The Statement of Reasons highlighted these actions, noting that the applicant expressed a willingness to renounce her Swiss citizenship, but only after her parents' deaths. While the applicant's case raised Disqualifying Condition 10(a) under Foreign Preference, Mitigating Conditions 11(a) and 11(b) were considered.
Ultimately, the judge determined that the applicant's continued dual citizenship and possession of a foreign passport indicated a preference for Switzerland over the U.S. The conditional willingness to renounce Swiss citizenship was deemed insufficient to mitigate the security concerns, leading to the denial of her security clearance. Concerns under Guideline E (Personal Conduct) were mitigated, but this did not alter the final outcome.
Why the Applicant Was Denied
- Applicant maintained dual citizenship and a valid Swiss passport, indicating a preference for Switzerland over the U.S.
- Applicant expressed a willingness to renounce her Swiss citizenship only after her parents' deaths, which was deemed insufficient to mitigate concerns.
- The judge found that the applicant's possession and use of a foreign passport raised security concerns that were not mitigated.
Conditions Referenced
- FP DC 10(a)appliedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- FP MC 11(a)rejectedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign CountryThe applicant actively exercised her dual citizenship by obtaining and using a Swiss passport.
- FP MC 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's willingness to renounce citizenship was contingent upon her parents' passing.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his or her security clearance.”
Procedural Posture
- SOR issuedJan 19, 2007
- Answer filedFeb 7, 2007
- Hearing heldMar 27, 2007Applicant waived the 15-day notice requirement.
- Decision dateApr 27, 2007
Cite For
- Security Concerns Related to Dual Citizenship Under Guideline C
- Mitigation of Personal Conduct Issues Under Guideline E
- The Burden of Proof on the Applicant to Demonstrate National Interest Consistency for Security Clearance