ISCR Case 12-10042.h1

Case Headnote

ISCR Case No. 12-10042.h1

grantedAug 4, 2014· Hon. Matthew E. Malone· hearing

Summary

A naturalized U.S. citizen, originally from Israel, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's immediate family (mother, father, two brothers, two sisters-in-law) residing in and being citizens of Israel. Additionally, the applicant maintained contact with two Israeli friends and a dual Israeli-Thai business associate. An Israeli bank account holding approximately $13,000 was also noted.

Further concerns arose from the applicant's possession and use of an Israeli passport after becoming a U.S. citizen. Although the passport was surrendered in February 2012, it was retrieved and used for travel in May 2013. These issues raised disqualifying conditions under Adjudicative Guidelines paragraphs 7(a), 7(b), and 10(a).

However, the judge found that the applicant successfully mitigated these concerns. The applicant demonstrated strong ties to the U.S. through family, business, and community involvement. Financial interests in Israel were being transferred to the U.S., and the applicant expressed a willingness to renounce Israeli citizenship, having already initiated the process. These actions applied mitigating conditions under Adjudicative Guidelines paragraphs 8(a), 8(b), 8(f), 11(b), and 11(e), leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant established strong ties to the U.S. through family, business, and community involvement.
The applicant's financial interests in Israel were being transferred to the U.S., mitigating foreign influence concerns.
The applicant expressed a willingness to renounce his Israeli citizenship and had begun the process.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights After Becoming a U.S. Citizen

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedRoutine Nature of Foreign Financial Interests Unlikely to Create Conflict
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedForeign Passport Has Been Surrendered or Invalidated

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedFeb 11, 2014
Answer filed—Timely response to SOR.
Hearing heldJun 18, 2014Hearing conducted.
Decision dateAug 4, 2014

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Mitigation of Foreign Preference Through Willingness to Renounce Citizenship
Consideration of Family Ties in Security Clearance Decisions

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
1.a	Applicant’s mother is a citizen of and resides in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.b	Applicant’s father is a citizen of and resides in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.c	Applicant has two brothers who are citizens of and reside in Israel.	For Applicant	Sibling in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.d	Applicant has two sisters-in-law who are citizens of and reside in Israel.	For Applicant	In Law in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.e	Applicant maintains contact with two friends who are citizens of and reside in Israel.	For Applicant	Friend in Foreign Country Friend	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.f	Applicant maintains weekly contact with a business associate who is a dual citizen of Israel and Thailand.	For Applicant	Business Associate in Foreign Country Business or Professional Associate	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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.	Credited Deep U.S. Ties
1.g	Applicant has an Israeli bank account containing about $13,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Israel HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	Credited Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen of and resides in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.b

Applicant’s father is a citizen of and resides in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.c

Applicant has two brothers who are citizens of and reside in Israel.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.d

Applicant has two sisters-in-law who are citizens of and reside in Israel.

For Applicant

In Law in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.e

Applicant maintains contact with two friends who are citizens of and reside in Israel.

For Applicant

Friend in Foreign Country

Friend

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.f

Applicant maintains weekly contact with a business associate who is a dual citizen of Israel and Thailand.

For Applicant

Business Associate in Foreign Country

Business or Professional Associate

Israel

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(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.

Credited

Deep U.S. Ties

1.g

Applicant has an Israeli bank account containing about $13,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Israel

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

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

Credited

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant possessed and used an Israeli passport after becoming a U.S. citizen; and that, although he had surrendered the foreign passport to his company security officer in February 2012, he retrieved it and used it for travel in May 2013.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant possessed and used an Israeli passport after becoming a U.S. citizen; and that, although he had surrendered the foreign passport to his company security officer in February 2012, he retrieved it and used it for travel in May 2013.

For Applicant

Foreign Passport Possession or Use

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

FOOTNOTES