ISCR Case 13-01085.h1

Case Headnote

ISCR Case No. 13-01085.h1

grantedMay 20, 2014· Hon. Darlene Lokey Anderson· hearing

Summary

A 37-year-old naturalized U.S. citizen, originally from Egypt, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). Allegations were raised that the applicant had foreign contacts potentially creating foreign influence and had shown a preference for another country over the United States. Specifically, the applicant possessed an Egyptian passport, issued in 2009 and expiring in 2016, which he had not used for travel after becoming a U.S. citizen.

The applicant maintained the foreign passport solely for banking and property transactions in Egypt related to an inheritance. However, all arrangements to transfer these assets to the United States were secured. The applicant surrendered the passport to his Facility Security Officer, subsequently destroyed it, and has no intention of renewal. A letter from his CEO and Facility Security Officer attested to his professionalism and trustworthiness.

The judge found that the applicant demonstrated a commitment to transferring his inherited assets to the U.S. and severed ties with his Egyptian passport. His limited contact with his brother in Egypt was not deemed a risk for foreign influence. Given these mitigating factors and the applicant's strong ties to the U.S., the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a commitment to transferring inherited assets from Egypt to the U.S.
The applicant severed ties with his Egyptian passport and surrendered it to his Facility Security Officer.
The applicant's limited contact with his brother in Egypt did not create a risk of foreign influence.

Conditions Referenced

Disqualifying

7(a)raisedContact with Foreign Family Member
10(a)raisedPossession of a Current Foreign Passport

Mitigating

8(a)appliedNature of Relationships with Foreign Persons
8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
8(c)appliedCasual and Infrequent Contact with Foreign Citizens
11(b)appliedWillingness to Renounce Dual Citizenship
11(e)appliedPassport Has Been Destroyed or Surrendered

Key Rule Quoted

“The Government must make out a case under Guideline C (foreign preference), and Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedNov 6, 2013
Answer filedDec 13, 2013
Hearing heldMar 25, 2014continuance granted from February 26, 2014
Decision dateMay 20, 2014

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Surrender of Foreign Passport as a Mitigating Factor Under Guideline C
Limited Foreign Contacts and Their Impact on Security Clearance Eligibility

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	The Applicant is ineligible for clearance because he has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Sibling in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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.a	The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.	For Applicant	Unspecified Foreign Relationship Other	Egypt HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(e) promptly complied with reporting requirements	Credited Foreign Passport Surrendered
2.b–2.e	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

1.a

The Applicant is ineligible for clearance because he has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Sibling in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Denied

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

(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.a

The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.

For Applicant

Unspecified Foreign Relationship

Other

Egypt

HEIGHTENED RISK

Denied

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

(e) promptly complied with reporting requirements

Credited

Foreign Passport Surrendered

2.b–2.e

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
2.a	The Applicant's Egyptian passport was issued to him on February 12, 2009, and expires on February 11, 2016. After becoming a United States citizen, Applicant did not use it for travel. (Applicant’s Exhibit D.)	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
2.b	He kept the foreign passport solely as a form of identification in order to conduct banking and property transactions in Egypt concerning his inheritance.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.c	All arrangements to have these assets transferred to the United States have been secured and he has surrendered the passport to his Facility Security Officer.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.d	Since then, Applicant has destroyed the passport and has no intentions of ever renewing it.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.e	A letter of recommendation from the Applicant’s Chief Executive Officer, who is also the Facility Security Officer, dated March 3, 2014, indicates that Applicant is well respected, professional, competent and trustworthy.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The Applicant's Egyptian passport was issued to him on February 12, 2009, and expires on February 11, 2016. After becoming a United States citizen, Applicant did not use it for travel. (Applicant’s Exhibit D.)

For Applicant

Foreign Passport Possession or Use

Admitted

—

2.b

He kept the foreign passport solely as a form of identification in order to conduct banking and property transactions in Egypt concerning his inheritance.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.c

All arrangements to have these assets transferred to the United States have been secured and he has surrendered the passport to his Facility Security Officer.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.d

Since then, Applicant has destroyed the passport and has no intentions of ever renewing it.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.e

A letter of recommendation from the Applicant’s Chief Executive Officer, who is also the Facility Security Officer, dated March 3, 2014, indicates that Applicant is well respected, professional, competent and trustworthy.

For Applicant

Unspecified Foreign Preference

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

CONCLUSION

FORMAL FINDINGS

DECISION