ISCR Case 08-05378.h1

Case Headnote

ISCR Case No. 08-05378.h1

grantedMay 20, 2009· Hon. Rita C. O'Brien· hearing

Summary

A 37-year-old U.S. citizen, originally from Macedonia, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons alleged that the applicant maintained close family ties in Macedonia, including parents, a sibling, and in-laws, with whom he communicated regularly and visited. It was also noted that his Macedonian passport, acquired in 2002 before he became a U.S. citizen, remained valid until 2012, and he had used it once to enter and exit Macedonia after naturalization.

Further allegations included a potential intent to vote in future foreign elections, though the applicant had not voted in any Macedonian election since becoming a U.S. citizen, including one in 2008, and stated he had no future intent to do so. Disqualifying conditions raised included AG ¶ 10(a)(1) and AG ¶ 10(a)(7).

The judge found that the applicant successfully mitigated the security concerns. He demonstrated strong ties to the United States through his education, employment, and family. Crucially, he surrendered his foreign passport promptly upon learning of the security concern. Additionally, the fact that Macedonia is an ally of the United States was considered to reduce the risk of foreign influence. Mitigating conditions applied included AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 11(e).

Why the Applicant Prevailed

The applicant established strong ties to the United States, including education, employment, and family.
He surrendered his foreign passport promptly after learning of the security concern.
The country of Macedonia is an ally of the United States, reducing the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(a)(7)rejectedVoting in a Foreign ElectionThe applicant did not vote in any Macedonian elections after becoming a U.S. citizen.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 11(e)appliedPassport Has Been Surrendered

Key Rule Quoted

“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an Applicant to receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 18, 2008
Answer filedJan 7, 2009Applicant admitted to most allegations.
Hearing heldMar 16, 2009
Decision dateMay 20, 2009

Cite For

Mitigation of Foreign Influence Under Guideline B
Surrender of Foreign Passport as a Mitigating Factor Under Guideline C
Consideration of Strong U.S. Ties in Foreign Preference 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	Applicant’s parents, a sibling, and his in-laws live in Macedonia. He has an ongoing relationship, keeping in touch with his parents twice per month and his brother about once per month. He visits the country to see his family, and he stays with his mother during these visits. When his first child was born, his relatives visited and stayed with him in the United States. These foreign ties pose a potential conflict of interest, and AG ¶ 7(b) applies.	For Applicant	Parent in Foreign Country Immediate Family	Macedonia LOW RISK / ALLY	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant’s parents, a sibling, and his in-laws live in Macedonia. He has an ongoing relationship, keeping in touch with his parents twice per month and his brother about once per month. He visits the country to see his family, and he stays with his mother during these visits. When his first child was born, his relatives visited and stayed with him in the United States. These foreign ties pose a potential conflict of interest, and AG ¶ 7(b) applies.	For Applicant	Sibling in Foreign Country Immediate Family	Macedonia LOW RISK / ALLY	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—
1.d	Applicant’s parents, a sibling, and his in-laws live in Macedonia. He has an ongoing relationship, keeping in touch with his parents twice per month and his brother about once per month. He visits the country to see his family, and he stays with his mother during these visits. When his first child was born, his relatives visited and stayed with him in the United States. These foreign ties pose a potential conflict of interest, and AG ¶ 7(b) applies.	For Applicant	In Law in Foreign Country Immediate Family	Macedonia LOW RISK / ALLY	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant’s parents, a sibling, and his in-laws live in Macedonia. He has an ongoing relationship, keeping in touch with his parents twice per month and his brother about once per month. He visits the country to see his family, and he stays with his mother during these visits. When his first child was born, his relatives visited and stayed with him in the United States. These foreign ties pose a potential conflict of interest, and AG ¶ 7(b) applies.	For Applicant	Extended Family in Foreign Country Extended Family	Macedonia LOW RISK / ALLY	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents, a sibling, and his in-laws live in Macedonia. He has an ongoing relationship, keeping in touch with his parents twice per month and his brother about once per month. He visits the country to see his family, and he stays with his mother during these visits. When his first child was born, his relatives visited and stayed with him in the United States. These foreign ties pose a potential conflict of interest, and AG ¶ 7(b) applies.

For Applicant

Parent in Foreign Country

Immediate Family

Macedonia

LOW RISK / ALLY

Admitted

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.b

For Applicant

Sibling in Foreign Country

Immediate Family

Macedonia

LOW RISK / ALLY

Admitted

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

1.d

For Applicant

In Law in Foreign Country

Immediate Family

Macedonia

LOW RISK / ALLY

Admitted

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.e

For Applicant

Extended Family in Foreign Country

Extended Family

Macedonia

LOW RISK / ALLY

Admitted

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant acquired a Macedonian passport in 2002, before he became a U.S. citizen, and it remains valid until 2012.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
2.b	Applicant used his foreign passport one time to enter and exit Macedonia after attaining U.S. citizenship.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
2.c	The SOR alleges that Applicant intended to vote in future foreign elections.	For Applicant	Foreign Voting	Denied	(a) applying for and/or acquiring citizenship in any other country	—	Claimed Other
2.d	Applicant has not voted in a Macedonian election since becoming a U.S. citizen, including one that occurred recently in 2008.	For Applicant	Foreign Voting	Admitted	—	—	—
2.e	Applicant has no intent to do so in the future.	For Applicant	Foreign Voting	Admitted	—	—	—
2.f–2.h	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant acquired a Macedonian passport in 2002, before he became a U.S. citizen, and it remains valid until 2012.

For Applicant

Foreign Passport Possession or Use

Admitted

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

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

Claimed

Other

2.b

Applicant used his foreign passport one time to enter and exit Macedonia after attaining U.S. citizenship.

For Applicant

Foreign Passport Possession or Use

Admitted

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

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

Claimed

Other

2.c

The SOR alleges that Applicant intended to vote in future foreign elections.

For Applicant

Foreign Voting

Denied

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

—

Claimed

Other

2.d

Applicant has not voted in a Macedonian election since becoming a U.S. citizen, including one that occurred recently in 2008.

For Applicant

Foreign Voting

Admitted

—

2.e

Applicant has no intent to do so in the future.

For Applicant

Foreign Voting

Admitted

—

2.f–2.h

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

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

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES