Summary
A 58-year-old U.S. citizen, employed as a product lifecycle manager for a defense contractor, was denied a security clearance under Guideline C (Foreign Preference). The denial stemmed primarily from his possession of an active foreign passport and his continued receipt of retirement benefits from the United Kingdom. These actions raised disqualifying conditions related to foreign allegiance, foreign citizenship, and foreign financial interests.
Despite the applicant's willingness to renounce his UK citizenship and his long-term employment with a defense contractor, the judge found that he did not adequately mitigate the security concerns. Specifically, his reluctance to surrender his foreign passport was interpreted as a lack of commitment to U.S. interests.
The judge determined that the applicant's actions indicated a foreign preference, leading to the denial of his security clearance application.
Why the Applicant Was Denied
- The applicant possessed an active foreign passport, raising security concerns under AG ¶ 10(a)(1).
- The applicant continued to receive retirement pay from the UK, indicating foreign preference under AG ¶ 10(a)(3).
- The applicant's reluctance to surrender his foreign passport was viewed as a lack of commitment to U.S. interests.
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(2)notedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- AG ¶ 10(a)(3)notedAccepting Benefits From a Foreign Country
- AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
- AG ¶ 11(a)rejectedDual Citizenship Based Solely on Parents’ Citizenship or BirthThe applicant actively exercised his foreign citizenship rights.
- AG ¶ 11(c)rejectedExercise of Foreign Citizenship Rights Occurred Before U.S. CitizenshipThe applicant continued to hold an active foreign passport after becoming a U.S. citizen.
- AG ¶ 11(d)rejectedUse of a Foreign Passport Approved by Security AuthorityThere was no evidence of approval for possession of the foreign passport.
- AG ¶ 11(e)rejectedPassport Has Been Destroyed or InvalidatedThe applicant declined to surrender or invalidate his foreign passport.
- AG ¶ 11(f)notedVote in a Foreign Election Encouraged by the U.S. Government
Key Rule Quoted
“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG."”
Procedural Posture
- SOR issuedFeb 10, 2011
- Answer filedMar 3, 2011
- Hearing held—Applicant requested a determination on the record without a hearing.
- Decision dateJul 12, 2011
Cite For
- Disqualifying Conditions Under Guideline C Related to Foreign Preference
- Mitigating Conditions Applicable to Dual Citizenship
- Whole-person Analysis in Security Clearance Determinations