ISCR Case 08-02715.h1

Case Headnote

ISCR Case No. 08-02715.h1

grantedNov 24, 2009· Hon. Darlene Lokey Anderson· hearing

Summary

A 25-year-old U.S. citizen with dual Lebanese citizenship sought a security clearance, which was ultimately granted. The case primarily involved concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to her foreign contacts and past actions.

The Statement of Reasons highlighted several points, including the applicant's father, a retired Lebanese General receiving a $2,000 monthly pension from the Lebanese government, who holds a U.S. green card and is seeking U.S. citizenship. Her 34-year-old brother is a dual U.S. and Lebanese citizen, and her 31-year-old sister, a Lebanese citizen, also has a U.S. green card and is pursuing U.S. citizenship. Additionally, the applicant has numerous other family members in Lebanon. Concerns were also raised because the applicant possessed a Lebanese identification card issued in 2000 and voted in a Lebanese election in 2002 or 2003.

Despite these concerns, the judge found that the applicant's relationships did not pose a security risk. The applicant demonstrated a clear preference for U.S. interests, took proactive steps to mitigate foreign influence concerns by destroying her Lebanese identification card, and her relationships with foreign family members were deemed casual and infrequent. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a clear preference for U.S. interests over foreign interests.
The applicant took proactive steps to mitigate foreign influence concerns, including destroying her Lebanese identification card.
The applicant's relationships with foreign family members were deemed casual and infrequent, reducing the risk of foreign exploitation.

Conditions Referenced

Disqualifying

B.7.araisedContact with Foreign Family Members
C.10.araisedExercise of Foreign Citizenship Rights

Mitigating

B.8.aappliedNature of Relationships with Foreign Persons
B.8.cappliedCasual and Infrequent Contact with Foreign Citizens
C.11.aappliedDual Citizenship Based on Parent's Citizenship
C.11.bappliedWillingness to Renounce Dual Citizenship

Key Rule Quoted

“The Government must make out a case under Guideline C (foreign preference), and Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedNov 6, 2008
Answer filedFeb 23, 2009
Hearing heldJul 14, 2009Record remained open until July 21, 2009.
Decision dateNov 24, 2009

Cite For

Mitigating Conditions for Foreign Influence Under Guideline B
Mitigating Conditions for Foreign Preference Under Guideline C
Considerations for Dual Citizenship and Foreign Contacts in Security Clearance Cases

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	The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.b	The Applicant's father, a 62 year old citizen of Lebanon, after thirty years, retired in 1997, as a General in the Lebanese Army. He currently receives a military pension of $2,000 monthly from the Lebanese government and owns two small houses in Lebanon.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.c	The Applicant's father has had a United States green card for about ten years and is trying to become a United States citizen.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.d	The Applicant's 34 year old brother was born in Lebanon, and is a dual citizen of Lebanon and the United States.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.e	The Applicant's 31 year old sister is also a citizen of Lebanon. She has had a United States green card for about ten years and is trying to become a United States citizen.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.a	The Applicant has family on her father’s side, including uncles, aunts, grandmother, cousins, nephews and nieces, in Lebanon.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.b	Only the Applicant’s parents know that she has applied for a security clearance, but they do not know any of the details.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.b

The Applicant's father, a 62 year old citizen of Lebanon, after thirty years, retired in 1997, as a General in the Lebanese Army. He currently receives a military pension of $2,000 monthly from the Lebanese government and owns two small houses in Lebanon.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.c

The Applicant's father has had a United States green card for about ten years and is trying to become a United States citizen.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.d

The Applicant's 34 year old brother was born in Lebanon, and is a dual citizen of Lebanon and the United States.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.e

The Applicant's 31 year old sister is also a citizen of Lebanon. She has had a United States green card for about ten years and is trying to become a United States citizen.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.a

The Applicant has family on her father’s side, including uncles, aunts, grandmother, cousins, nephews and nieces, in Lebanon.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.b

Only the Applicant’s parents know that she has applied for a security clearance, but they do not know any of the details.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The Applicant had an identification card, issued by Lebanon in February 2000, when she was sixteen years old.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
2.b	The Applicant voted once in a Lebanese election in 2002 or 2003 during a visit to Lebanon.	For Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.a–2.b	7 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The Applicant had an identification card, issued by Lebanon in February 2000, when she was sixteen years old.

For Applicant

Foreign Passport Possession or Use

Admitted

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

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

Claimed

Other

2.b

The Applicant voted once in a Lebanese election in 2002 or 2003 during a visit to Lebanon.

For Applicant

Foreign Voting

Admitted

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

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

Claimed

Other

1.a–2.b

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

For Applicant

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION