Summary
A 26-year-old dual citizen of the United States and Germany was denied a security clearance under Guideline C (Foreign Preference). The Statement of Reasons alleged the applicant possessed a current foreign passport, had served in the German military, resided in Germany to meet citizenship requirements, and voted in German elections. The applicant did express a willingness to renounce his German citizenship.
Disqualifying conditions included the applicant's possession of a foreign passport, military service for a foreign country, residence in a foreign country to meet citizenship requirements, and voting in a foreign election. Mitigating conditions considered were that the applicant had taken steps to sever ties with the foreign country, the foreign preference was not a matter of choice but rather a condition of foreign law, and the applicant had expressed a willingness to renounce foreign citizenship.
Ultimately, the security clearance was denied because the applicant used his German passport for entry into the United States, voted in German elections, expressed a preference for German citizenship, and had significant ties to Germany, including prior military service, residence, and employment. The judge concluded that these factors were not sufficiently mitigated.
Why the Applicant Was Denied
- The applicant used his German passport instead of his U.S. passport when entering the United States.
- The applicant voted in German elections and expressed a preference for German citizenship.
- The applicant served in the German military and has significant ties to Germany, including residence and employment.
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(2)raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- AG ¶ 10(a)(7)raisedVoting in a Foreign Election
- AG ¶ 10(a)(4)rejectedResidence in a Foreign Country to Meet Citizenship RequirementsNo evidence supported that the applicant had to continue residing in Germany to meet citizenship requirements.
- AG ¶ 11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant expressed willingness to renounce German citizenship but had not done so.
- AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedOne German passport was destroyed by the FSO.
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural Posture
- SOR issuedNov 30, 2009
- Answer filedDec 28, 2009Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateJul 29, 2010
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Consideration of Foreign Voting and Military Service in Clearance Decisions