Summary
A 59-year-old U.S. citizen and Italian linguist was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's Statement of Reasons cited her dual Italian citizenship, evidenced by possessing an Italian passport and voting in at least two Italian elections. Additionally, she had traveled to Italy multiple times between 2000 and 2007. Her father, mother, two brothers, and two sisters are all citizens and residents of Italy.
Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 10(a)(1), AG ¶ 10(a)(7), and AG ¶ 7(b). Mitigating conditions were applied under AG ¶ 11(b), AG ¶ 11(e), AG ¶ 8(a), and AG ¶ 8(b).
Ultimately, the judge denied the clearance. The decision highlighted the applicant's retention of her Italian passport and unwillingness to renounce her Italian citizenship as indicators of a preference for Italy. Furthermore, her close familial ties in Italy were deemed to raise a potential conflict of interest, even though there was no specific evidence of heightened risk from Italy itself.
Why the Applicant Was Denied
- The applicant retained her Italian passport and expressed unwillingness to renounce her Italian citizenship, indicating a preference for a foreign country.
- The applicant's close familial connections in Italy raised the possibility of a conflict of interest, despite the lack of evidence of heightened risk from Italy.
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(7)raisedVoting in a Foreign Election
- AG ¶ 7(b)raisedConnections to a Foreign Government Creating Potential Conflict of Interest
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant intends to retain her dual citizenship.
- AG ¶ 11(e)rejectedSurrender of Foreign PassportThe applicant is unwilling to relinquish her Italian passport.
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict of InterestThe applicant's family members are not involved in political or military decisions.
- AG ¶ 8(b)rejectedMinimal Loyalty to Foreign InterestsThe applicant's strong affinity for Italy raises concerns about her ability to prioritize U.S. interests.
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedDec 5, 2008
- Answer filedDec 16, 2008
- Hearing heldMar 5, 2009
- Decision dateMar 30, 2009
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Potential Conflict of Interest Due to Familial Ties Under Guideline B
- Consideration of the Whole Person Concept in Security Clearance Determinations