ISCR Case 10-01840.h1

Case Headnote

ISCR Case No. 10-01840.h1

grantedFeb 28, 2011· Hon. LeRoy F. Foreman· hearing

Summary

A 66-year-old dual citizen of Greece and the United States was granted a security clearance after an evaluation under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant admitted to holding a Greek passport from childhood, which he used for entry into Greece, while using his U.S. passport for reentry into the United States. He stated this was due to shorter lines and to avoid a 60-day stay limitation.

Upon learning that his Greek passport raised security concerns, the applicant notified the Defense Industrial Security Clearance Office (DISCO) in January 2010 of his intent to obtain a Greek identification card for local identification. He surrendered his Greek passport to Greek authorities in April 2010 and subsequently obtained a Greek identity card, which he now uses for accounts and documents.

The judge determined that the applicant's actions did not indicate a preference for Greece over the United States. The clearance was granted because the applicant surrendered his Greek passport upon learning of security concerns, obtained a Greek identity card solely for identification, and demonstrated that his business activities were primarily aligned with U.S. interests.

Why the Applicant Prevailed

The applicant surrendered his Greek passport upon learning it raised security concerns.
He obtained a Greek identity card solely for identification purposes, not for exercising foreign privileges.
The applicant's business activities were primarily aligned with U.S. interests.

Conditions Referenced

Disqualifying

C1raisedForeign PreferenceThe applicant maintained a Greek identity card and dual citizenship.
B1raisedForeign InfluenceThe applicant had business ties with Greek companies and owned property in Greece.

Mitigating

C2appliedDual Citizenship Alone Is Not DisqualifyingThe applicant's dual citizenship did not indicate a preference for Greece over the U.S.
C3appliedSurrender of Foreign PassportThe applicant surrendered his Greek passport to mitigate security concerns.

Key Rule Quoted

“"The issue is not whether an applicant is a dual national, but rather whether an applicant shows a preference for a foreign country through actions."”
— ISCR Case No. 99-0454 at 5, 2000 WL 1805219 (App. Bd. Oct. 17, 2000)

Procedural Posture

SOR issuedSep 13, 2010
Answer filedSep 28, 2010
Hearing heldDec 10, 2010
Decision dateFeb 28, 2011

Cite For

Surrender of Foreign Passport as a Mitigating Factor Under Guideline C
Business Ties with Foreign Entities Do Not Automatically Disqualify Under Guideline B
Dual Citizenship Does Not Equate to Foreign Preference If Actions Do Not Indicate Such

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–2.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.d

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant held a Greek passport from childhood until he learned that it raised security issues. He used his Greek passport to enter Greece and his U.S. passport to reenter the United States. (Tr. 65.) He used the Greek passport because the lines were shorter and he was not limited to a 60-day stay. (Tr. 65-66.)	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.b	In January 2010, he notified the DISCO of his intention to obtain a Greek identification card as a form of local identification in place of his Greek passport. (GX 5.) There is no indication that the DISCO had concerns about him obtaining a Greek identification card. He surrendered his passport to Greek authorities in April 2010. He obtained a Greek identity card from the local police headquarters, and now uses the number of his Greek identity card on these accounts and documents. (Tr. 54; GX 3 at 3; GX 4 at 4-5.)	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant held a Greek passport from childhood until he learned that it raised security issues. He used his Greek passport to enter Greece and his U.S. passport to reenter the United States. (Tr. 65.) He used the Greek passport because the lines were shorter and he was not limited to a 60-day stay. (Tr. 65-66.)

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.b

In January 2010, he notified the DISCO of his intention to obtain a Greek identification card as a form of local identification in place of his Greek passport. (GX 5.) There is no indication that the DISCO had concerns about him obtaining a Greek identification card. He surrendered his passport to Greek authorities in April 2010. He obtained a Greek identity card from the local police headquarters, and now uses the number of his Greek identity card on these accounts and documents. (Tr. 54; GX 3 at 3; GX 4 at 4-5.)

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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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