Summary
The applicant, a 37-year-old U.S. citizen and defense contractor, sought a security clearance under Guideline B and Guideline C due to concerns regarding his dual citizenship and ties to family in Hong Kong. The judge found that the applicant had taken significant steps to renounce his British citizenship and relinquish his British passport, demonstrating a commitment to U.S. interests. Ultimately, the judge granted the security clearance, concluding that the applicant's actions mitigated the government's concerns.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has a father who is a citizen of the United Kingdom who resides in Hong Kong (1.a). exercised dual citizenship with the U.S. and Hong Kong (2.a). maintained a valid British (.U.K.) passport (expiration date in September 2013) (2.b). maintained a valid Hong Kong personal identity card, allowing him the right of abode in Hong Kong (2.c). declined to have relinquished his U.K. passport due to increased travel flexibility when traveling in Hong Kong (2.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 8(a), AG ¶ 9(a). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant renounced his British citizenship and relinquished his British passport post-hearing; He has no financial interests or obligations in Hong Kong and has not engaged in illegal activities; The applicant is regarded as honest and trustworthy by colleagues and friends.
Why the applicant prevailed
- The applicant renounced his British citizenship and relinquished his British passport post-hearing.
- He has no financial interests or obligations in Hong Kong and has not engaged in illegal activities.
- The applicant is regarded as honest and trustworthy by colleagues and friends.
Conditions referenced
- AG ¶ 8(a)raisedDual Citizenship
- AG ¶ 9(a)raisedForeign Influence
- AG ¶ 20(a)appliedClear Renunciation of Foreign Citizenship
- AG ¶ 20(c)appliedNo Foreign Contacts or Interests
- AG ¶ 20(d)appliedEvidence of Trustworthiness
Key rule quoted
“"The presence of a foreign influence may be a security concern, but the applicant's actions to mitigate such concerns are critical in the determination of eligibility for a security clearance."”
Procedural posture
- SOR issuedMay 9, 2008
- Answer filedJun 6, 2008
- Hearing heldSep 17, 2008
- Decision dateNov 5, 2008
Cite for
- Mitigation of Dual Citizenship Concerns Under Guideline B
- Importance of Renouncing Foreign Citizenship for Security Clearance
- Evaluation of Foreign Influence Based on Family Ties and Actions Taken by the Applicant