Summary
A 53-year-old dual citizen of Italy and the United States was denied a security clearance under Guideline C (Foreign Preference). The applicant, despite her U.S. ties and employment history with the U.S. embassy, faced concerns regarding her continued exercise of Italian citizenship rights after becoming a U.S. citizen in 2003.
Specifically, the Statement of Reasons cited her possession of a valid Italian passport and her vote in the 2005 Italian presidential election. Disqualifying conditions under AG ¶ 10(a), AG ¶ 10(a)(1), and AG ¶ 10(a)(7) were raised. While mitigating conditions AG ¶ 11(c) and AG ¶ 11(e) were considered, the judge found them insufficient.
The denial was based on the applicant's continued possession of a valid Italian passport and her voting in an Italian election, both indicating a foreign preference. Crucially, she declined to surrender or invalidate her Italian passport, even after being informed of the security concerns, and reiterated this stance at the hearing. The judge concluded that these concerns were not mitigated, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant possessed a valid Italian passport after becoming a U.S. citizen, indicating a preference for a foreign country.
- The applicant voted in an Italian election after obtaining U.S. citizenship, further exercising her foreign citizenship rights.
- The applicant declined to surrender or invalidate her Italian passport despite being informed of the security concerns.
Conditions Referenced
- AG ¶ 10(a)appliedExercise of Foreign Citizenship Rights After Becoming a U.S. Citizen
- AG ¶ 10(a)(1)appliedPossession of a Current Foreign Passport
- AG ¶ 10(a)(7)appliedVoting in a Foreign Election
- AG ¶ 11(c)rejectedExercise of Foreign Citizenship Rights Occurred Before U.S. CitizenshipThe applicant's use of her Italian passport occurred after she became a U.S. citizen.
- AG ¶ 11(e)rejectedPassport Has Been Destroyed, Surrendered, or InvalidatedThe applicant declined to surrender or invalidate her Italian passport.
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.”
Procedural Posture
- SOR issuedJun 30, 2009Applicant received SOR on July 20, 2009.
- Answer filedJul 21, 2009Applicant admitted all allegations.
- Hearing heldOct 27, 2009Hearing was convened as scheduled.
- Decision dateNov 18, 2009
Cite For
- Disqualifying Conditions Related to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Requirements for Mitigating Foreign Preference Concerns in Security Clearance Cases