Summary
The applicant, a 32-year-old dual citizen of the United States and Denmark, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant mitigated concerns regarding foreign influence due to strong ties to the U.S. and a lack of risk from his Danish family connections. Although he had exercised some rights of Danish citizenship, he expressed willingness to renounce it and had surrendered his Danish passport, leading to a favorable decision.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has a father who is a U.S. citizen and a resident of Denmark (1.a). Applicant has a sister who is a dual citizen of the United States and Denmark and resides in the United States (1.b). Applicant has two aunts, an uncle, and three cousins who are citizens and residents of Denmark (1.c). Applicant has maintained contact with his family members in Denmark, including visits approximately twice a year (1.d). Applicant has two foreign bank accounts, one in Denmark and one in the United Kingdom (1.e). Applicant possessed a current foreign passport (2.a). Applicant exercised rights and privileges of a Danish citizen while he was also a U.S. citizen (2.b). Applicant voted in Danish elections (2.c). Applicant accepted educational loans and grants from Denmark (2.d). Applicant has not renounced his dual citizenship with Denmark (2.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 9(a). The judge applied mitigating conditions AG ¶ 11(b), AG ¶ 11(d). The decision turned on the following: The applicant demonstrated strong ties to the United States, including regular contact with American relatives and a commitment to living in the U.S; The applicant's Danish family connections were not deemed to create a heightened risk of foreign exploitation or coercion; The applicant expressed a willingness to renounce his Danish citizenship and had surrendered his Danish passport.
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the United States, including regular contact with American relatives and a commitment to living in the U.S.
- The applicant's Danish family connections were not deemed to create a heightened risk of foreign exploitation or coercion.
- The applicant expressed a willingness to renounce his Danish citizenship and had surrendered his Danish passport.
Conditions Referenced
- AG ¶ 9(a)raisedExercise of Foreign Citizenship RightsThe applicant used his Danish passport and voted in Danish elections.
- AG ¶ 11(b)appliedWillingness to Renounce Dual CitizenshipThe applicant expressed a willingness to renounce his Danish citizenship.
- AG ¶ 11(d)appliedSurrender of Foreign PassportThe applicant surrendered his Danish passport to the security officer.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 26, 2010
- Answer filedMar 18, 2010
- Hearing heldJun 9, 2010
- Decision dateJul 22, 2010
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Application of Mitigating Conditions for Foreign Preference Under Guideline C
- Consideration of Dual Citizenship and Willingness to Renounce Citizenship in Security Clearance Cases