ISCR Case 08-06559.h1

Case Headnote

ISCR Case No. 08-06559.h1

deniedAug 6, 2010· Hon. Philip S. Howe· hearing

Summary

A 32-year-old naturalized U.S. citizen, born in Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's dual citizenship, possession of an Iranian passport, and family ties in Iran were central to the denial.

The applicant obtained an Iranian passport before becoming a U.S. citizen in 2000, renewing it in 2004 and again in 2009. This most recent passport was kept in his parents' safe deposit box until August 13, 2010, when it was given to his security officer. The applicant renewed his Iranian passport voluntarily, after obtaining U.S. citizenship, to facilitate visits to family in Iran and to protect potential property or financial interests there.

The judge denied the application, citing the applicant's retention of an Iranian passport after becoming a U.S. citizen as an indication of foreign preference. Furthermore, the applicant's family ties in Iran and potential inheritance were deemed to create a risk of foreign influence and coercion. The applicant did not demonstrate a willingness to renounce his Iranian citizenship or surrender his passport in a timely manner.

Why the Applicant Was Denied

The applicant retained an Iranian passport after becoming a U.S. citizen, indicating a preference for a foreign country.
The applicant's family ties in Iran and potential inheritance created a risk of foreign influence and coercion.
The applicant did not demonstrate a willingness to renounce his Iranian citizenship or surrender his passport in a timely manner.

Conditions Referenced

Disqualifying

AG ¶ 10 (a) 1raisedPossession of a Current Foreign Passport
AG ¶ 10 (a) 5raisedUsing Foreign Citizenship to Protect Financial or Business Interests
AG ¶ 7 (a)raisedContact with a Foreign Family Member Creating a Heightened Risk of Foreign Exploitation
AG ¶ 7 (b)raisedConnections to a Foreign Person Creating a Potential Conflict of Interest
AG ¶ 7 (d)raisedSharing Living Quarters with a Person Creating a Heightened Risk of Foreign Inducement
AG ¶ 7 (e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country

Mitigating

AG ¶ 11 (a)appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
AG ¶ 11 (c)appliedExercise of Foreign Citizenship Rights Occurred Before U.S. Citizenship
AG ¶ 11 (b)rejectedWillingness to Renounce Dual CitizenshipThe applicant did not explicitly state a willingness to renounce Iranian citizenship.
AG ¶ 11 (e)rejectedPassport Has Been Destroyed or SurrenderedThe applicant did not surrender his Iranian passport in a timely manner.

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 issuedAug 6, 2009
Answer filedSep 17, 2009
Hearing heldDec 16, 2009Applicant waived the 15 day notice requirement.
Decision dateAug 6, 2010

Cite For

Security Concerns Related to Dual Citizenship Under Guideline C
Impact of Foreign Family Ties on Security Clearance Eligibility Under Guideline B
The Importance of Timely Renunciation of Foreign Citizenship and Passport Surrender 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
2.a	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

2.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was born in Iran. He obtained an Iranian passport before he became a U.S. citizen in 2000. That passport was extended in 2004 until 2008. He obtained another Iranian passport in 2009 that expires in 2014. That passport was in the possession of his parents in their safe deposit box until August 13, 2010. It is now in the possession of his security officer. AG ¶ 10 (a) 1 applies.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.a.1	Applicant renewed his Iranian passport at his father’s request to make it easier for him to enter Iran to visit his father’s family. He did so voluntarily after obtaining U.S. citizenship and he used the passport in 2009 after being granted a security clearance. It also allows Applicant to protect any property or financial interests he may have in property his grandmother, aunt and uncle own. AG ¶ 10 (a) 5 applies.	Against Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.a.2	Applicant was born in Iran. His citizenship is derived from that circumstance. His dual citizenship is based on the Iranian law that does not allow Iranian citizens to renounce their citizenship after obtaining citizenship in another country. He had an Iranian passport before becoming a U.S. citizen in 2000. AG ¶ 11(a) applies and AG ¶ 11(c) partially applies for actions done before Applicant became a U.S. citizen.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.a.3	Applicant did not state he would renounce the Iranian citizenship although he admitted he was an Iranian citizen at the same time he became a U.S. citizenship and had a security clearance. AG ¶ 11(b) does not apply.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
1.a.4	AG ¶ 11(e) does not apply because Applicant did not surrender his passport to his security officer, having left it in his parents’ safe deposit box, until August 13, 2010.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was born in Iran. He obtained an Iranian passport before he became a U.S. citizen in 2000. That passport was extended in 2004 until 2008. He obtained another Iranian passport in 2009 that expires in 2014. That passport was in the possession of his parents in their safe deposit box until August 13, 2010. It is now in the possession of his security officer. AG ¶ 10 (a) 1 applies.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.a.1

Applicant renewed his Iranian passport at his father’s request to make it easier for him to enter Iran to visit his father’s family. He did so voluntarily after obtaining U.S. citizenship and he used the passport in 2009 after being granted a security clearance. It also allows Applicant to protect any property or financial interests he may have in property his grandmother, aunt and uncle own. AG ¶ 10 (a) 5 applies.

Against Applicant

Foreign Benefits or Education

Admitted

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

—

1.a.2

Applicant was born in Iran. His citizenship is derived from that circumstance. His dual citizenship is based on the Iranian law that does not allow Iranian citizens to renounce their citizenship after obtaining citizenship in another country. He had an Iranian passport before becoming a U.S. citizen in 2000. AG ¶ 11(a) applies and AG ¶ 11(c) partially applies for actions done before Applicant became a U.S. citizen.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

—

1.a.3

Applicant did not state he would renounce the Iranian citizenship although he admitted he was an Iranian citizen at the same time he became a U.S. citizenship and had a security clearance. AG ¶ 11(b) does not apply.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

1.a.4

AG ¶ 11(e) does not apply because Applicant did not surrender his passport to his security officer, having left it in his parents’ safe deposit box, until August 13, 2010.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

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

FOOTNOTES