ISCR Case 09-03220.h1

Case Headnote

ISCR Case No. 09-03220.h1

grantedMay 27, 2010· Hon. Erin C. Hogan· hearing

Summary

A 46-year-old master supply technician and U.S. Army veteran was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his dual citizenship with Israel, his parents and siblings residing in Israel, and his close relationships with these family members. It was alleged that these ties created a potential conflict of interest regarding his obligation to protect sensitive information. Additionally, the applicant had applied for an Israeli passport in April 2008.

However, the applicant initiated proceedings to renounce his Israeli citizenship on March 8, 2010. The judge found that several mitigating factors outweighed the initial concerns. The applicant has resided in the U.S. for over 25 years and identifies as American. He has also held a SECRET clearance since 1989 without any incidents.

Crucially, the applicant initiated the process to renounce his Israeli citizenship and surrendered his Israeli passport. These actions, combined with his strong ties to the U.S. through military service and employment, led to the decision to grant the security clearance.

Why the Applicant Prevailed

Applicant has lived in the U.S. for over 25 years and considers himself an American.
He has held a SECRET clearance since 1989 without incident.
Applicant initiated the process to renounce his Israeli citizenship and surrendered his Israeli passport.

Conditions Referenced

Disqualifying

AG ¶ 7(c)raisedContact with Foreign RelativesApplicant's parents and siblings are citizens of and reside in Israel.
AG ¶ 7(b)raisedPotential Conflict of InterestApplicant's relationship with family members in Israel creates a potential conflict of interest.
AG ¶ 10(a)raisedExercise of Foreign Citizenship RightsApplicant applied for an Israeli passport while a U.S. citizen.
AG ¶ 10(b)raisedAcquisition of Foreign CitizenshipApplicant's dual citizenship was based on his father's citizenship.

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of InterestApplicant's closest relationships and assets are in the U.S.
AG ¶ 11(a)appliedDual Citizenship Based on ParentsApplicant's dual citizenship is based solely on his father's citizenship.
AG ¶ 11(b)appliedWillingness to Renounce CitizenshipApplicant expressed willingness to renounce his Israeli citizenship.
AG ¶ 11(e)appliedSurrender of Foreign PassportApplicant surrendered his Israeli passport to his facility security officer.

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 27, 2009
Answer filedSep 17, 2009
Hearing heldMar 23, 2010
Decision dateMay 27, 2010

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Mitigation of Foreign Preference Concerns Through Renunciation Efforts
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
1.a	Applicant’s parents and siblings are citizens of and reside in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant’s relationship with his family members in Israel creates a potential conflict of interest between his obligation to protect sensitive information or technology and his desire to help his family members residing in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant has a close relationship with his relatives who reside in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(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

1.a

Applicant’s parents and siblings are citizens of and reside in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant’s relationship with his family members in Israel creates a potential conflict of interest between his obligation to protect sensitive information or technology and his desire to help his family members residing in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Applicant has a close relationship with his relatives who reside in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

(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
2.a	Applicant applied for an Israeli passport in April 2008.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (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	Claimed Other
2.b	Applicant initiated the proceedings to renounce his Israeli citizenship on March 8, 2010.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (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	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant applied for an Israeli passport in April 2008.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

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

(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

Claimed

Other

2.b

Applicant initiated the proceedings to renounce his Israeli citizenship on March 8, 2010.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

(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

Claimed

Other

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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