ISCR Case 10-01757.h1

Case Headnote

ISCR Case No. 10-01757.h1

deniedFeb 28, 2011· Hon. Robert J. Tuider· hearing

Summary

A 44-year-old chief scientist and vice president for a defense contractor was denied a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant frequently traveled to Brazil to visit immediate family and in-laws, all of whom are Brazilian citizens and residents. He also provided financial support to his in-laws and inherited industrial and residential properties in Brazil valued at approximately $175,000.

Key concerns included the applicant's dual U.S. and Brazilian citizenship, and his possession of an active Brazilian passport, renewed in March 2010 and valid until March 2015. Furthermore, the applicant voted in Brazilian presidential elections, a requirement for him as a Brazilian citizen. While his family knew he worked in research, only his wife and son were aware of his clearance application. He maintained frequent communication with his Brazilian relatives but stated he had no close relationship with the Brazilian government, asserting his loyalty to the United States.

Despite some mitigating factors under Guideline B, the applicant's dual citizenship, use of a Brazilian passport, and participation in Brazilian elections led to the denial. These actions were deemed to indicate a foreign preference, creating an unresolved security concern under Guideline C.

Why the Applicant Was Denied

The applicant maintained dual citizenship and a Brazilian passport, which raised concerns under Guideline C.
The applicant voted in Brazilian elections, indicating a preference for Brazil over the United States.
The applicant's frequent travel to Brazil and financial support to family members created a heightened risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(a)(7)raisedVoting in a Foreign Election
AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Person or Group
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 5, 2010
Answer filedOct 13, 2010Applicant elected to proceed without a hearing.
Decision dateFeb 28, 2011

Cite For

Denial of Security Clearance Due to Dual Citizenship Under Guideline C
Impact of Foreign Family Ties on Security Clearance Eligibility
Criteria for Evaluating Foreign Influence 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	Applicant frequently travels to Brazil to visit his immediate family consisting of his mother, sister, and brother, as well as his in-laws. These family members are citizens and residents of Brazil.	For Applicant	Parent in Foreign Country Immediate Family	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.b	Applicant provides an unspecified amount of money to his in-laws to help them with their living expenses.	For Applicant	Financial Support to Foreign Relative Immediate Family	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.c	Applicant inherited industrial and residential properties in Brazil valued at approximately $175,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.d	Applicant holds two active passports – a U.S. passport and a Brazilian passport. He recently renewed his Brazilian passport in March 2010 and it is valid until March 2015.	For Applicant	Unspecified Foreign Relationship Other	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.e	Applicant votes in Brazilian presidential elections, which remains a requirement for him as a Brazilian citizen.	For Applicant	Unspecified Foreign Relationship Other	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.f	Applicant's family knows that he works in research, but only his wife and son know of his clearance application.	For Applicant	Unspecified Foreign Relationship Other	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.g	Applicant has a close relationship with his family living in Brazil; however, he does not have a close relationship to the Brazilian government.	For Applicant	Unspecified Foreign Relationship Immediate Family	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.h	Applicant's communications with his relatives in Brazil are frequent.	For Applicant	Unspecified Foreign Relationship Other	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—
2.i	Applicant stated that his dual citizenship does not represent a division of loyalty in any fashion, which he consciously dedicated to the United States on the occasion of his oath at the naturalization ceremony.	For Applicant	Unspecified Foreign Relationship Other	Brazil	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant frequently travels to Brazil to visit his immediate family consisting of his mother, sister, and brother, as well as his in-laws. These family members are citizens and residents of Brazil.

For Applicant

Parent in Foreign Country

Immediate Family

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.b

Applicant provides an unspecified amount of money to his in-laws to help them with their living expenses.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.c

Applicant inherited industrial and residential properties in Brazil valued at approximately $175,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.d

Applicant holds two active passports – a U.S. passport and a Brazilian passport. He recently renewed his Brazilian passport in March 2010 and it is valid until March 2015.

For Applicant

Unspecified Foreign Relationship

Other

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.e

Applicant votes in Brazilian presidential elections, which remains a requirement for him as a Brazilian citizen.

For Applicant

Unspecified Foreign Relationship

Other

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.f

Applicant's family knows that he works in research, but only his wife and son know of his clearance application.

For Applicant

Unspecified Foreign Relationship

Other

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.g

Applicant has a close relationship with his family living in Brazil; however, he does not have a close relationship to the Brazilian government.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.h

Applicant's communications with his relatives in Brazil are frequent.

For Applicant

Unspecified Foreign Relationship

Other

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

2.i

Applicant stated that his dual citizenship does not represent a division of loyalty in any fashion, which he consciously dedicated to the United States on the occasion of his oath at the naturalization ceremony.

For Applicant

Unspecified Foreign Relationship

Other

Brazil

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Possession of a current foreign passport.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Military service or a willingness to bear arms for a foreign country. (low confidence)	Unknown	Unspecified Foreign Preference	Unknown	—	—	—
1.c	Accepting educational, medical, retirement, social welfare, or other such benefits from a foreign country. (low confidence)	Unknown	Unspecified Foreign Preference	Unknown	—	—	—
1.d	Voting in a foreign election.	Against Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Possession of a current foreign passport.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.b

Military service or a willingness to bear arms for a foreign country. (low confidence)

Unknown

Unspecified Foreign Preference

Unknown

—

1.c

Accepting educational, medical, retirement, social welfare, or other such benefits from a foreign country. (low confidence)

Unknown

Unspecified Foreign Preference

Unknown

—

1.d

Voting in a foreign election.

Against Applicant

Foreign Voting

Admitted

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

—

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Case Profile

Summary

Why the Applicant Was Denied

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

FOOTNOTES