ISCR Case 10-02834.h1

Case Headnote

ISCR Case No. 10-02834.h1

grantedJun 15, 2011· Hon. Darlene Lokey Anderson· hearing

Summary

A 45-year-old naturalized U.S. citizen, originally from Israel and working as an engineer, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons highlighted that his spouse and two children are dual citizens of Israel and the U.S., and his elderly mother, sister, and in-laws reside in Israel. The applicant made multiple visits to Israel between 2005 and 2009 to see his mother and traveled to Germany in 2008 to visit an Israeli friend.

Financial concerns included a former Israeli bank account with a balance of approximately $10,000 and joint ownership with his mother of a rental apartment in Israel valued at about $300,000, with his portion of the rent periodically wired to his U.S. bank. However, the applicant also possessed significant assets in the United States and testified to his unwavering commitment to U.S. national security.

The decision to grant the clearance was based on several mitigating factors. The applicant surrendered his Israeli passport and initiated the process to renounce his Israeli citizenship after becoming a U.S. citizen. Furthermore, his financial interests and family obligations in the U.S. were found to significantly outweigh those in Israel, demonstrating a strong commitment to U.S. interests.

Why the Applicant Prevailed

The applicant surrendered his Israeli passport and applied to renounce his Israeli citizenship after becoming a U.S. citizen.
The applicant's financial interests in the U.S. significantly outweighed those in Israel.
The applicant's family ties and obligations in the U.S. were deemed stronger than those in Israel.

Conditions Referenced

Disqualifying

C10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
B7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
B7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country

Mitigating

C11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
C11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
B8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between Interests
B8(b)appliedThere Is No Conflict of Interest Due to Strong Ties to the U.S.
B8(c)appliedContact with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood of Risk

Key Rule Quoted

“The Government must make out a case under Guidelines C (Foreign Preference) and B (Foreign Influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedOct 18, 2010
Answer filedOct 27, 2010
Hearing heldFeb 15, 2011
Decision dateJun 15, 2011

Cite For

Mitigating Conditions for Foreign Preference Under Guideline C
Mitigating Conditions for Foreign Influence Under Guideline B
Consideration of the Whole-person Concept in Security Clearance Determinations.

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	The Applicant’s spouse and two children are dual citizens of Israel and the United States based only upon the children’s birth right.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
2.b	The Applicant’s elderly mother, sister and in-laws are citizens and residents of Israel.	For Applicant	In Law in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
2.c	He traveled to Israel to visit his elderly mother in February 2005, April 2006, September 2006, April 2007, July 2007, March 2008, July 2009, and November 2009.	For Applicant	Unspecified Foreign Relationship Other	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
2.d	In August 2008, the Applicant traveled to Germany for one week to visit a friend who is an Israeli citizen.	For Applicant	Friend in Foreign Country Friend	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
2.e	At one point, the Applicant had a bank account in Israel with a balance of approximately $10,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Foreign Assets Divested
2.f	He and his mother jointly own a rental apartment in Israel worth approximately $300,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Foreign Assets Divested
2.g	His portion of the rent from the apartment was placed in his Israeli bank account and wired periodically to his bank in the United States.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	Claimed Foreign Assets Divested
2.h	The Applicant has significant assets in the United States.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
2.i	He testified that he would never do anything to jeopardize the national security of the United States.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant’s spouse and two children are dual citizens of Israel and the United States based only upon the children’s birth right.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

2.b

The Applicant’s elderly mother, sister and in-laws are citizens and residents of Israel.

For Applicant

In Law in Foreign Country

Immediate Family

Israel

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

2.c

He traveled to Israel to visit his elderly mother in February 2005, April 2006, September 2006, April 2007, July 2007, March 2008, July 2009, and November 2009.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

2.d

In August 2008, the Applicant traveled to Germany for one week to visit a friend who is an Israeli citizen.

For Applicant

Friend in Foreign Country

Friend

Germany

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

2.e

At one point, the Applicant had a bank account in Israel with a balance of approximately $10,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Israel

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Foreign Assets Divested

2.f

He and his mother jointly own a rental apartment in Israel worth approximately $300,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Israel

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Foreign Assets Divested

2.g

His portion of the rent from the apartment was placed in his Israeli bank account and wired periodically to his bank in the United States.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Israel

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

Claimed

Foreign Assets Divested

2.h

The Applicant has significant assets in the United States.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

2.i

He testified that he would never do anything to jeopardize the national security of the United States.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

Claimed

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant admitted allegation 1(a), and denied allegation 1(b) set forth under this guideline.	For Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country	(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	—
1.b–2.i	10 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant admitted allegation 1(a), and denied allegation 1(b) set forth under this guideline.

For Applicant

Foreign Military or Government Service

Admitted

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

(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

—

1.b–2.i

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

For Applicant

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION