ISCR Case 07-10940.h1

Case Headnote

ISCR Case No. 07-10940.h1

grantedFeb 6, 2009· Hon. Carol G. Ricciardello· hearing

Summary

A 28-year-old U.S. citizen and college graduate was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to her father's Lebanese heritage and connections. The government's Statement of Reasons highlighted that her father, a naturalized U.S. citizen, was born in Lebanon and, under Lebanese law, both he and his children are considered Lebanese citizens, regardless of holding passports or renouncing citizenship. The applicant had previously held an expired Lebanese passport for travel as a minor, which has since been destroyed.

Further concerns included her father's employment as president of the U.S. division of a Lebanese-owned educational foundation, whose parent company is headquartered in Saudi Arabia and owned by a Lebanese family with political ties. The applicant had met members of this family during past trips to Lebanon, though these interactions were described as brief and in large group settings. She also has a large extended family with diverse citizenships and residences across the U.S., Lebanon, France, Saudi Arabia, Canada, UAE, and Qatar. Her last trips to Lebanon were in 2003 for family weddings.

The judge found that the applicant successfully mitigated these concerns. She formally renounced her ancestral citizenship and affirmed her sole loyalty to the U.S. Her immediate family members are all U.S. citizens and residents, and she maintains minimal contact with her extended family abroad, with no financial interests in Lebanon. Based on these factors, her eligibility for a security clearance was granted.

Why the Applicant Prevailed

Applicant formally renounced her ancestral citizenship and professed loyalty only to the U.S.
Applicant's immediate family members are all U.S. citizens and residents.
The applicant has minimal contact with her extended family in Lebanon and no financial interests there.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons

Mitigating

AG ¶ 8(a)appliedThe Individual Has Renounced Dual Citizenship
AG ¶ 8(b)appliedThe Individual Has No Financial Interests in a Foreign Country
AG ¶ 8(c)appliedThe Individual Has a Long History of Residing in the U.S.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 14, 2008
Answer filedAug 18, 2008
Hearing heldJan 13, 2009
Decision dateFeb 6, 2009

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Renouncing Dual Citizenship
Consideration of Family Ties in Security Clearance Evaluations

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
1.a	Applicant's father was born and raised in Lebanon. He moved to the U.S. in 1970 to attend school. After completing his college education he worked in the U.S. for a period of time. He married his wife, a native born U.S. citizen in 1973. He became a naturalized U.S. citizen in 1977. He does not hold a Lebanese passport, but under Lebanese laws he is considered a Lebanese citizen and it also considers his children citizens of that country, without any action on their part. It is immaterial if they do not hold passports or renounce their citizenship, they are still considered Lebanese citizens.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.b	At one time, as a minor, Applicant held a Lebanese passport, so she could travel easily to Lebanon. The passport has expired and been destroyed. Her father’s passport also has been destroyed. Neither Applicant nor her father considers themselves dual citizens of the U.S. and Lebanon.	For Applicant	Unspecified Foreign Relationship Immediate Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.c	Applicant’s father is employed by a Lebanese owned foundation (Foundation) and he serves as the president of its U.S. division. The Foundation is a non-profit educational foundation properly registered under the tax laws of the U.S. It is a separate Foundation not affiliated with any Lebanese companies.	For Applicant	Foreign Employment or Pension Other	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.d	The parent company of the Foundation is also owned by the same Lebanese family. The father of that family became the prime minister of Lebanon. He was assassinated in 2006. Applicant’s father still has some contact with other members of the family due to his responsibilities with the Foundation.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.e	Applicant met the woman who is a member of parliament one time at a reception when she was in high school. She also met a brother of that family during trips to Lebanon. The meetings were at large luncheon receptions of a least 20-30 people. She did not have private conversations, but rather was one of many people attending.	For Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.f	The parent company of the Foundation is international in nature and has offices in other countries throughout the world. The parent company’s headquarters are located in Saudi Arabia. Applicant’s father sits on the Board of Directors and Executive Board of the parent company and consults on policy issues regarding the financial aspects of the company.	For Applicant	Foreign Employment or Pension Other	Saudi Arabia HEIGHTENED RISK	Admitted	—	—	—
1.g	Applicant’s father’s contact with the parliamentary family member is not political, but rather because of her interest in the continuing success of the Foundation. Applicant’s father may see her at social events, but she is not a personal friend.	For Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.h	Applicant traveled to Lebanon during several summer vacations when she was in high school and college. Her last trip was in 2003 for a weekend to attend a cousin’s wedding and later the same summer for another cousin’s wedding.	For Applicant	Unspecified Foreign Relationship Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.i	Applicant has a large extended family, both in the U.S. and abroad. Her father has seven siblings who have various citizenships, including U.S., Lebanese, and French, who live in various countries around the world, to include the U.S., Lebanon, France and Saudi Arabia.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.j	Applicant has two cousins from her father’s side who are U.S. citizens residing in the U.S. One other cousin lives in the U.S. and is in the process of obtaining a green card. Three cousins are citizens and residents of France. One uncle is a U.S. citizen who splits his residence between the U.S. and Lebanon. One cousin is a citizen and resident of Canada.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.k	Applicant has a cousin who is a citizen of Lebanon and resides in the U.A.E.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.l	Applicant has five cousins who are citizens of Lebanon and reside in Saudi Arabia.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.m	Applicant has a cousin who is a citizen of Lebanon and resides in Qatar.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.n	Applicant has a cousin who is a dual citizen of the U.S. and Lebanon. Her cousin’s wife is a dual citizen of the U.S. and Tunisia. They reside in the U.S.	For Applicant	Cohabitation with Foreign National Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.o	Applicant has a cousin who is a Palestinian national, has a U.S. green card and resides in the U.S.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.p	Applicant has another cousin whose wife is a dual citizen of the U.S. and Lebanon. She also has three cousins who are citizens of Lebanon and currently reside in the U.S.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.q	Applicant knows who her relatives are and except for a few cousins around her age, she has minimal contact with many of them and no contact with others. She may hear about their well-being from her father, but only in a customary family situation. She traveled to Lebanon twice in 2003 to attend two cousins’ weddings. The two cousins she considers herself closer to than other cousins. Some of her other cousins she have had no contact with at all.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—
1.r	None of Applicant’s family members work for the governments of their countries or other countries. She has two cousins that she is closer to than the others because they are close in age and were in the U.S. for awhile when Applicant was growing up so she got to know them. The last time she saw one was in 2007 when he came to the U.S for a visit and she saw him for a day. The other cousin she has not seen since 2003. All of her other cousins she has no physical contact with. She does not telephone them and has only very occasional email contact, usually to send a photo.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's father was born and raised in Lebanon. He moved to the U.S. in 1970 to attend school. After completing his college education he worked in the U.S. for a period of time. He married his wife, a native born U.S. citizen in 1973. He became a naturalized U.S. citizen in 1977. He does not hold a Lebanese passport, but under Lebanese laws he is considered a Lebanese citizen and it also considers his children citizens of that country, without any action on their part. It is immaterial if they do not hold passports or renounce their citizenship, they are still considered Lebanese citizens.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.b

At one time, as a minor, Applicant held a Lebanese passport, so she could travel easily to Lebanon. The passport has expired and been destroyed. Her father’s passport also has been destroyed. Neither Applicant nor her father considers themselves dual citizens of the U.S. and Lebanon.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.c

Applicant’s father is employed by a Lebanese owned foundation (Foundation) and he serves as the president of its U.S. division. The Foundation is a non-profit educational foundation properly registered under the tax laws of the U.S. It is a separate Foundation not affiliated with any Lebanese companies.

For Applicant

Foreign Employment or Pension

Other

Lebanon

HEIGHTENED RISK

Admitted

—

1.d

The parent company of the Foundation is also owned by the same Lebanese family. The father of that family became the prime minister of Lebanon. He was assassinated in 2006. Applicant’s father still has some contact with other members of the family due to his responsibilities with the Foundation.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.e

Applicant met the woman who is a member of parliament one time at a reception when she was in high school. She also met a brother of that family during trips to Lebanon. The meetings were at large luncheon receptions of a least 20-30 people. She did not have private conversations, but rather was one of many people attending.

For Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Lebanon

HEIGHTENED RISK

Admitted

—

1.f

The parent company of the Foundation is international in nature and has offices in other countries throughout the world. The parent company’s headquarters are located in Saudi Arabia. Applicant’s father sits on the Board of Directors and Executive Board of the parent company and consults on policy issues regarding the financial aspects of the company.

For Applicant

Foreign Employment or Pension

Other

Saudi Arabia

HEIGHTENED RISK

Admitted

—

1.g

Applicant’s father’s contact with the parliamentary family member is not political, but rather because of her interest in the continuing success of the Foundation. Applicant’s father may see her at social events, but she is not a personal friend.

For Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Lebanon

HEIGHTENED RISK

Admitted

—

1.h

Applicant traveled to Lebanon during several summer vacations when she was in high school and college. Her last trip was in 2003 for a weekend to attend a cousin’s wedding and later the same summer for another cousin’s wedding.

For Applicant

Unspecified Foreign Relationship

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.i

Applicant has a large extended family, both in the U.S. and abroad. Her father has seven siblings who have various citizenships, including U.S., Lebanese, and French, who live in various countries around the world, to include the U.S., Lebanon, France and Saudi Arabia.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.j

Applicant has two cousins from her father’s side who are U.S. citizens residing in the U.S. One other cousin lives in the U.S. and is in the process of obtaining a green card. Three cousins are citizens and residents of France. One uncle is a U.S. citizen who splits his residence between the U.S. and Lebanon. One cousin is a citizen and resident of Canada.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.k

Applicant has a cousin who is a citizen of Lebanon and resides in the U.A.E.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.l

Applicant has five cousins who are citizens of Lebanon and reside in Saudi Arabia.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.m

Applicant has a cousin who is a citizen of Lebanon and resides in Qatar.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.n

Applicant has a cousin who is a dual citizen of the U.S. and Lebanon. Her cousin’s wife is a dual citizen of the U.S. and Tunisia. They reside in the U.S.

For Applicant

Cohabitation with Foreign National

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.o

Applicant has a cousin who is a Palestinian national, has a U.S. green card and resides in the U.S.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.p

Applicant has another cousin whose wife is a dual citizen of the U.S. and Lebanon. She also has three cousins who are citizens of Lebanon and currently reside in the U.S.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.q

Applicant knows who her relatives are and except for a few cousins around her age, she has minimal contact with many of them and no contact with others. She may hear about their well-being from her father, but only in a customary family situation. She traveled to Lebanon twice in 2003 to attend two cousins’ weddings. The two cousins she considers herself closer to than other cousins. Some of her other cousins she have had no contact with at all.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

1.r

None of Applicant’s family members work for the governments of their countries or other countries. She has two cousins that she is closer to than the others because they are close in age and were in the U.S. for awhile when Applicant was growing up so she got to know them. The last time she saw one was in 2007 when he came to the U.S for a visit and she saw him for a day. The other cousin she has not seen since 2003. All of her other cousins she has no physical contact with. She does not telephone them and has only very occasional email contact, usually to send a photo.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Admitted

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES