ISCR Case 08-09832.h1

Case Headnote

ISCR Case No. 08-09832.h1

deniedAug 31, 2010· Hon. Wilford H. Ross· hearing

Summary

The applicant, a 57-year-old defense contractor and dual citizen of the United States and Slovakia, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The judge found that the applicant's retention of Slovak citizenship to protect pension rights raised security concerns, leading to a denial of the clearance despite his substantial ties to the U.S.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant has family connections to Slovakia, the Czech Republic and Spain (2.a). He travels to Europe on a fairly frequent basis to visit his two daughters (2.b). None of the Applicant’s relatives in Europe have any connection with any European government (2.c). The Applicant has shown that his loyalties are to the United States (2.d). The Applicant is a dual citizen of Slovakia and the United States, and that he has no intention of revoking his Slovak citizenship in order to protect his possible pension benefits in Slovakia (1.a). The Applicant has retained his Slovak citizenship to preserve his pension or retirement rights in Slovakia (1.b). The Applicant has expressed a willingness to renounce dual citizenship (1.c).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant retained Slovak citizenship to protect pension rights, indicating a preference for a foreign country over the U.S; The applicant's dual citizenship and foreign family connections created potential security risks under AG ¶ 7(a) and 7(b).

Why the Applicant Was Denied

The applicant retained Slovak citizenship to protect pension rights, indicating a preference for a foreign country over the U.S.
The applicant's dual citizenship and foreign family connections created potential security risks under AG ¶ 7(a) and 7(b).

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to U.S. Ties

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 filedAug 24, 2009
Hearing heldOct 27, 2009
Decision dateAug 31, 2010

Cite For

Security Concerns Related to Dual Citizenship Under Guideline C
Impact of Foreign Family Connections on Security Clearance Under Guideline B
Consideration of Financial Interests in Foreign Countries Affecting Security Eligibility

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	The Applicant has family connections to Slovakia, the Czech Republic and Spain.	For Applicant	Parent in Foreign Country Immediate Family	Slovakia, Czech Republic, Spain	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.	Documented Deep U.S. Ties
2.b	He travels to Europe on a fairly frequent basis to visit his two daughters.	For Applicant	Parent in Foreign Country Immediate Family	Slovakia, Czech Republic, Spain	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.	Documented Deep U.S. Ties
2.c	None of the Applicant’s relatives in Europe have any connection with any European government.	For Applicant	Unspecified Foreign Relationship Other	null	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.	Documented Deep U.S. Ties
2.d	The Applicant has shown that his loyalties are to the United States.	For Applicant	Unspecified Foreign Relationship Other	null	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.	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant has family connections to Slovakia, the Czech Republic and Spain.

For Applicant

Parent in Foreign Country

Immediate Family

Slovakia, Czech Republic, Spain

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.

Documented

Deep U.S. Ties

2.b

He travels to Europe on a fairly frequent basis to visit his two daughters.

For Applicant

Parent in Foreign Country

Immediate Family

Slovakia, Czech Republic, Spain

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.

Documented

Deep U.S. Ties

2.c

None of the Applicant’s relatives in Europe have any connection with any European government.

For Applicant

Unspecified Foreign Relationship

Other

null

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.

Documented

Deep U.S. Ties

2.d

The Applicant has shown that his loyalties are to the United States.

For Applicant

Unspecified Foreign Relationship

Other

null

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.

Documented

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is a dual citizen of Slovakia and the United States, and that he has no intention of revoking his Slovak citizenship in order to protect his possible pension benefits in Slovakia.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	The Applicant has retained his Slovak citizenship to preserve his pension or retirement rights in Slovakia.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	The Applicant has expressed a willingness to renounce dual citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is a dual citizen of Slovakia and the United States, and that he has no intention of revoking his Slovak citizenship in order to protect his possible pension benefits in Slovakia.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.b

The Applicant has retained his Slovak citizenship to preserve his pension or retirement rights in Slovakia.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.c

The Applicant has expressed a willingness to renounce dual citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

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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