Summary
A U.S. citizen, born to French parents, was denied a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The denial stemmed from his dual U.S. and French citizenship, possession of a French passport, and extensive family connections in France.
The Statement of Reasons detailed several concerns, including the applicant's dual citizenship and French passport, which he used for travel to and from France, and to enter and exit Turkey on multiple occasions. He also stated an intention to renew his French passport. Furthermore, his mother, father, two brothers, sister-in-law, and fiancée are all citizens and residents of France, with whom he maintains regular contact, along with other French friends and associates. The applicant also maintains a French checking account.
While some mitigating conditions were acknowledged, the judge ultimately found that the risks of foreign influence and preference were not sufficiently mitigated. Key factors in the denial included the applicant's dual citizenship and French passport indicating a foreign preference, his close family ties in France raising concerns about potential influence, and a lack of evidence that he had actually surrendered his French passport despite expressing a willingness to do so.
Why the Applicant Was Denied
- The applicant maintained dual citizenship and a French passport, indicating a preference for a foreign country.
- The applicant's close family ties in France raised concerns about potential foreign influence and coercion.
- The applicant's willingness to surrender his French passport was not supported by evidence of actual surrender.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 11(a)appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
- AG ¶ 11(e)rejectedPassport Has Been Destroyed or SurrenderedThe applicant stated willingness to surrender his French passport but provided no evidence of doing so.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedFeb 12, 2008
- Answer filedMar 4, 2008
- Hearing held—Decision made on the record without a hearing.
- Decision dateJun 23, 2008
Cite For
- Denial Based on Dual Citizenship and Foreign Passport Under Guideline C
- Foreign Influence Concerns Due to Extensive Family Ties in a Foreign Country Under Guideline B
- Mitigating Conditions Related to Dual Citizenship and Foreign Preference.