ISCR Case 08-09006.h1

Case Headnote

ISCR Case No. 08-09006.h1

grantedDec 4, 2009· Hon. Mary E. Henry· hearing

Summary

A 52-year-old naturalized U.S. citizen, originally from Egypt, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant had maintained dual Egyptian citizenship and an Egyptian passport, which he periodically renewed and used for entry into Egypt. Upon learning of the implications for his clearance, he took steps to renounce his Egyptian citizenship and passport.

The Statement of Reasons also noted that the applicant's mother and three sisters reside in Egypt, with whom he maintains familial contact. He travels to Cairo three times a year for business, during which he visits his ailing mother, to whom he provides $300 monthly support. He also maintains contact with a childhood friend in Egypt who works for a U.S. company.

The judge determined that the applicant's proactive steps to renounce his Egyptian citizenship and passport mitigated concerns under Guideline C. Furthermore, his familial ties in Egypt were not found to create a heightened risk of foreign exploitation or coercion under Guideline B. The applicant demonstrated a strong commitment to the United States and compliance with security protocols, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant took proactive steps to renounce his Egyptian citizenship and passport, mitigating concerns under Guideline C.
The applicant's family ties in Egypt were not deemed to create a heightened risk of foreign exploitation or coercion under Guideline B.
The applicant demonstrated a strong commitment to the United States and compliance with security protocols.

Conditions Referenced

Disqualifying

C1raisedPossession of a Current Foreign Passport.
B1raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country.
B2raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest.

Mitigating

C2appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship.
C3appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated.
B3appliedThe Individual Has a Close and Continuing Relationship with a U.S. Citizen Family Member.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 24, 2009
Answer filedMay 7, 2009
Hearing heldSep 30, 2009
Decision dateDec 4, 2009

Cite For

Mitigation of Foreign Preference Through Renunciation of Citizenship
Evaluation of Foreign Influence Based on Familial Relationships
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	Applicant's mother and three sisters are citizens and residents of Egypt. Applicant maintains a normal, familial relationship with his mother and a more limited familial relationship with his sisters. He talks with his mother by telephone regularly and his sisters occasionally.	For Applicant	Parent in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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.	Credited Deep U.S. Ties
2.b	Applicant travels three times a year to Cairo, Egypt, on business. While in Cairo, Egypt, he visits his ailing and elderly mother. He complies with all requirements of the U.S. government when he enters Egypt, and when he leaves Cairo to visit his mother.	For Applicant	Parent in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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.	Credited Deep U.S. Ties
2.c	Applicant maintains contact with a childhood friend in Egypt. His friend works as the general manager for sales and marketing for a U.S. company in Egypt. His friend does not work for the Egyptian Army or government.	For Applicant	Friend in Foreign Country Friend	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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.	Credited Deep U.S. Ties
2.d	Applicant provides $300 a month in support to his mother, as does one of his sisters. He will not receive any inheritance from his mother upon her death.	For Applicant	Financial Support to Foreign Relative Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother and three sisters are citizens and residents of Egypt. Applicant maintains a normal, familial relationship with his mother and a more limited familial relationship with his sisters. He talks with his mother by telephone regularly and his sisters occasionally.

For Applicant

Parent in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

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

(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.

Credited

Deep U.S. Ties

2.b

Applicant travels three times a year to Cairo, Egypt, on business. While in Cairo, Egypt, he visits his ailing and elderly mother. He complies with all requirements of the U.S. government when he enters Egypt, and when he leaves Cairo to visit his mother.

For Applicant

Parent in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

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

(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.

Credited

Deep U.S. Ties

2.c

Applicant maintains contact with a childhood friend in Egypt. His friend works as the general manager for sales and marketing for a U.S. company in Egypt. His friend does not work for the Egyptian Army or government.

For Applicant

Friend in Foreign Country

Friend

Egypt

HEIGHTENED RISK

Admitted

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

(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.

Credited

Deep U.S. Ties

2.d

Applicant provides $300 a month in support to his mother, as does one of his sisters. He will not receive any inheritance from his mother upon her death.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

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

(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.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant retained his Egyptian citizenship and passport after becoming a U.S. citizen.	For Applicant	Foreign Citizenship Acquisition or Application	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 (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	Applicant periodically renewed his Egyptian passport.	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 (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.c	Applicant used his Egyptian passport in lieu of a visa for entry into Egypt.	For Applicant	Foreign Passport Possession or Use	Denied	(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 (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant retained his Egyptian citizenship and passport after becoming a U.S. citizen.

For Applicant

Foreign Citizenship Acquisition or Application

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

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

—

1.b

Applicant periodically renewed his Egyptian passport.

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

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

—

1.c

Applicant used his Egyptian passport in lieu of a visa for entry into Egypt.

For Applicant

Foreign Passport Possession or Use

Denied

(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

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

—

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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

FOOTNOTES