ISCR Case 14-01138.h1

Case Headnote

ISCR Case No. 14-01138.h1

deniedAug 22, 2014· Hon. Rita C. O'Brien· hearing

Summary

A 46-year-old dual citizen of Russia and the United States was denied a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant maintained significant ties to family members residing in Russia, including weekly contact with his parents and sister via telephone and electronic means. He provided approximately $15,000 in financial support to his parents, aged 79 and 83.

Further concerns arose from the applicant's financial interests in Russia, which included co-ownership of an apartment valued at $100,000 where his parents live, and sole ownership of a summer home valued at $10,000. The applicant also maintained his Russian citizenship and held a valid Russian passport, obtained in 2009 and expiring in December 2014. He used this passport for travel to Russia to visit family in May 2010, 2011, and 2013, after becoming a U.S. citizen in March 2010.

The denial was based on the applicant's ongoing dual citizenship and exercise of foreign citizenship rights, his substantial foreign financial interests, and his close family ties to individuals in Russia. These factors were determined to create a heightened risk of coercion and conflict of interest, particularly given Russia's poor human rights record and its known targeting of U.S. citizens.

Why the Applicant Was Denied

The applicant maintained dual citizenship and a valid Russian passport, exercising foreign citizenship rights after becoming a U.S. citizen.
He has significant financial interests in Russia, including co-ownership of property, which could subject him to foreign influence.
The applicant's close family ties to individuals in Russia, a country known for targeting U.S. citizens, raised security concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)appliedSubstantial Financial Interests in a Foreign Country
AG ¶ 10(a)appliedExercise of Foreign Citizenship Rights After Becoming a U.S. Citizen

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.”

Procedural Posture

SOR issuedApr 29, 2014
Answer filedMay 12, 2014Applicant requested a decision without a hearing.
Hearing held—No hearing was conducted.
Decision dateAug 22, 2014

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Foreign Preference Due to Dual Citizenship and Use of a Foreign Passport Under Guideline C
Impact of Foreign Financial Interests 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	Applicant's parents and sister are citizens and residents of Russia. Applicant has weekly contact with his parents and his sister by telephone and electronic means, such as email via the internet. Applicant’s mother and father are 79 and 83, respectively. He provides them with financial support. Over the years, he has given them a total of approximately $15,000.	Against Applicant	Parent in Foreign Country Immediate Family	Russia 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	—	—
1.b	Applicant and his parents co-own the apartment in Russia where his parents live. It is valued at $100,000. He also owns a summer home, valued at $10,000. These two assets represent substantial foreign financial interests, which could subject Applicant to foreign influence or coercion.	Against Applicant	Foreign Real Estate Financial or Property Interest	Russia HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
1.c	Applicant maintains his Russian citizenship, and holds a valid Russian passport. He obtained his current Russian passport in 2009, and it expires in December 2014. Applicant used it to travel to Russia to visit family in May 2010, after becoming a U.S. citizen in March 2010. He also visited his family in Russia, using his foreign passport, in 2011 and 2013.	Against Applicant	Unspecified Foreign Relationship Other	Russia HEIGHTENED RISK	Admitted	—	—	—
1.d	Applicant has contacts with his parents and sister, who are citizen-residents of Russia. His ties of affection are evident in his calls and/or emails to them, as well as his trips to Russia to visit them. Ties to immediate family members are presumed to be close, and his frequent contacts demonstrate that they are close in this case. Moreover, his weekly contacts cannot be considered infrequent. In addition, Applicant has provided regular financial assistance to his family in Russia. He has sent funds to his mother and father totaling approximately $15,000. His conduct shows that he has ties of obligation to his foreign family. Given these close ties, and the country in which Applicant's family resides, he could be placed in a position of having to choose between his family in Russia and his U.S. interests.	Against Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents and sister are citizens and residents of Russia. Applicant has weekly contact with his parents and his sister by telephone and electronic means, such as email via the internet. Applicant’s mother and father are 79 and 83, respectively. He provides them with financial support. Over the years, he has given them a total of approximately $15,000.

Against Applicant

Parent in Foreign Country

Immediate Family

Russia

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

—

1.b

Applicant and his parents co-own the apartment in Russia where his parents live. It is valued at $100,000. He also owns a summer home, valued at $10,000. These two assets represent substantial foreign financial interests, which could subject Applicant to foreign influence or coercion.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Russia

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

1.c

Applicant maintains his Russian citizenship, and holds a valid Russian passport. He obtained his current Russian passport in 2009, and it expires in December 2014. Applicant used it to travel to Russia to visit family in May 2010, after becoming a U.S. citizen in March 2010. He also visited his family in Russia, using his foreign passport, in 2011 and 2013.

Against Applicant

Unspecified Foreign Relationship

Other

Russia

HEIGHTENED RISK

Admitted

—

1.d

Applicant has contacts with his parents and sister, who are citizen-residents of Russia. His ties of affection are evident in his calls and/or emails to them, as well as his trips to Russia to visit them. Ties to immediate family members are presumed to be close, and his frequent contacts demonstrate that they are close in this case. Moreover, his weekly contacts cannot be considered infrequent. In addition, Applicant has provided regular financial assistance to his family in Russia. He has sent funds to his mother and father totaling approximately $15,000. His conduct shows that he has ties of obligation to his foreign family. Given these close ties, and the country in which Applicant's family resides, he could be placed in a position of having to choose between his family in Russia and his U.S. interests.

Against Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant maintains his Russian citizenship, and holds a valid Russian passport. He obtained his current Russian passport in 2009, and it expires in December 2014. Applicant used it to travel to Russia to visit family in May 2010, after becoming a U.S. citizen in March 2010. He also visited his family in Russia, using his foreign passport, in 2011 and 2013. He stated in his Answer to the SOR that he maintains his Russian passport “[f]or the sole purpose of traveling for family reasons.”	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision