ISCR Case 08-00424.h1

Case Headnote

ISCR Case No. 08-00424.h1

grantedNov 26, 2008· Hon. Erin C. Hogan· hearing

Summary

A 38-year-old U.S. citizen and software architect was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his possession of a current foreign passport and the exercise of foreign citizenship rights after becoming a U.S. citizen. Disqualifying conditions related to foreign preference and foreign influence were raised, specifically concerning foreign passports, foreign citizenship, and foreign financial interests.

However, the applicant successfully mitigated these concerns. He demonstrated a clear willingness to renounce his Turkish citizenship and confirmed he has not held a valid Turkish passport since 1998, using only his U.S. passport for international travel, including to Turkey.

Furthermore, the applicant established that he holds no financial interest in a Turkish apartment and was only a passive shareholder in a Turkish company, with no current financial stake. The judge found that these actions, coupled with his strong ties to the U.S., effectively addressed the security concerns, leading to the granting of his clearance.

Why the Applicant Prevailed

The applicant expressed a willingness to renounce his Turkish citizenship.
The applicant has not possessed a valid Turkish passport since 1998 and travels to Turkey using his U.S. passport.
The applicant has no financial interest in the Turkish apartment or the company where he was a passive shareholder.

Conditions Referenced

Disqualifying

FP DC 10(a)raisedExercise of Foreign Citizenship Rights
FI DC 7(a)raisedContact with Foreign Relatives
FI DC 7(b)raisedConnections Creating Potential Conflict of Interest
FI DC 7(e)raisedSubstantial Interest in Foreign Property

Mitigating

FP MC 11(a)appliedDual Citizenship Based on Parents' Citizenship
FP MC 11(b)appliedWillingness to Renounce Dual Citizenship
FP MC 11(c)appliedExercise of Foreign Citizenship Rights Occurred as a Minor
FP MC 11(e)appliedPassport Has Been Invalidated
FI MC 8(a)appliedNature of Relationship with Foreign Persons Unlikely to Create Conflict
FI MC 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
FI MC 8(f)appliedValue of Foreign Interests Unlikely to Create Conflict

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedApr 16, 2008
Answer filedMay 19, 2008Requested determination on the written record.
Hearing held—
Decision dateNov 26, 2008

Cite For

Mitigation of Foreign Influence Concerns Based on Familial Relationships
Willingness to Renounce Foreign Citizenship as a Mitigating Factor
Consideration of the Whole Person Concept in Security Clearance Decisions.

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
2.a–2.g	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.g

6 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Possession of a current foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
1.b	Exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Possession of a current foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

1.b

Exercise of any right, privilege or obligation of foreign citizenship after becoming a U.S. citizen

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

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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