ISCR Case 09-06979.h1

Case Headnote

ISCR Case No. 09-06979.h1

grantedDec 10, 2010· Hon. Carol G. Ricciardello· hearing

Summary

A 64-year-old naturalized U.S. citizen, originally from Poland, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted his dual citizenship with Israel, noting he renewed his Israeli passport in 2004 and used it for travel in 2004, 2008, and 2009. Further concerns included his voting in a local Israeli election, residing and working for an Israeli company from 1992 to 1996, and serving in the Israeli military before becoming a U.S. citizen. These actions raised questions about potential conflicts of interest and susceptibility to foreign influence.

The applicant successfully mitigated these concerns. He demonstrated a clear intent to sever ties with Israel by destroying his Israeli passport and expressing a willingness to formally renounce his Israeli citizenship. The judge also noted his strong and established ties to the United States, including family, property, and active community involvement.

Ultimately, the judge determined that the applicant's family members in Israel did not pose a significant risk of foreign influence or coercion. Based on these mitigating factors, the applicant's security clearance was granted.

Why the Applicant Prevailed

The applicant destroyed his Israeli passport and expressed a willingness to renounce his Israeli citizenship.
He maintained strong ties to the United States, including family, property, and community involvement.
The applicant's family members in Israel do not create a significant risk of foreign influence or coercion.

Conditions Referenced

Disqualifying

C.1.araisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
B.7.araisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
B.7.braisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
B.7.draisedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status

Mitigating

C.11.bappliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
C.11.eappliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
B.8.bappliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person Is Minimal

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedApr 30, 2010
Answer filedMay 17, 2010
Hearing heldDec 10, 2010
Decision date—

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Foreign Countries Under Guideline B

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	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Sibling in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(b) connections creating a potential conflict of interest	—	—
2.c	Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	For Applicant	Cohabitation with Foreign National Immediate Family	Israel HEIGHTENED RISK	Denied	(d) counterintelligence information indicating unacceptable risk	—	—
2.d	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Foreign Real Estate Financial or Property Interest	Israel HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	—	—
2.e–2.h	4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

(b) connections creating a potential conflict of interest

—

2.c

Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

For Applicant

Cohabitation with Foreign National

Immediate Family

Israel

HEIGHTENED RISK

Denied

(d) counterintelligence information indicating unacceptable risk

—

2.d

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Foreign Real Estate

Financial or Property Interest

Israel

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

—

2.e–2.h

4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was a dual citizen of Israel and the U.S. After becoming a citizen of the United States in 1989, he renewed his Israeli passport in 2004 and used it to travel to Israel in 2004, 2008, and 2009.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant voted in a local Israeli election, resided in Israel, and worked for an Israeli company from 1992 to 1996.	For Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	Applicant served in the Israeli military before becoming a United States citizen.	For Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.d	Applicant exercised the rights, privileges, and obligations of an Israeli citizen while living there and after he became a U.S. citizen.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was a dual citizen of Israel and the U.S. After becoming a citizen of the United States in 1989, he renewed his Israeli passport in 2004 and used it to travel to Israel in 2004, 2008, and 2009.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

Applicant voted in a local Israeli election, resided in Israel, and worked for an Israeli company from 1992 to 1996.

For Applicant

Foreign Voting

Admitted

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

—

1.c

Applicant served in the Israeli military before becoming a United States citizen.

For Applicant

Foreign Military or Government Service

Admitted

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

—

1.d

Applicant exercised the rights, privileges, and obligations of an Israeli citizen while living there and after he became a U.S. citizen.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

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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