ISCR Case 14-02803.h1

Case Headnote

ISCR Case No. 14-02803.h1

grantedJul 1, 2014· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 65-year-old naturalized U.S. citizen, originally from Cuba, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her application for Spanish citizenship in 2009 to help her mother secure family property in Spain, raising a disqualifying condition related to acquiring foreign citizenship. Additional allegations included contact with foreign family members, a foreign financial interest (a 20% claim to a Spanish rental property), and a failure to disclose foreign contacts or financial interests.

The applicant's limited foreign ties included two cousins in Cuba, with whom she had no significant emotional or financial connection. The judge determined that her actions, particularly seeking Spanish citizenship, were motivated by a desire to honor her family's legacy rather than a preference for a foreign country.

Mitigating conditions were applied, noting the applicant's long-standing commitment to the United States as a naturalized citizen since 1977. Her foreign citizenship was sought solely for property management, with no intent to use it for other benefits, and she expressed a willingness to renounce it if required. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a long-standing commitment to the United States, having been a naturalized citizen since 1977.
The applicant's foreign citizenship was sought solely to manage a family property, with no intent to use it for any other benefits.
The applicant expressed a willingness to renounce her foreign citizenship if necessary.

Conditions Referenced

Disqualifying

AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen.
AG ¶ 7(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 If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion.
AG ¶ 7(b)raisedConnection to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest Between the Individual’s Obligation to Protect Sensitive Information or Technology and the Individual’s Desire to Help a Foreign Person, Group, or Country by Providing That Information.
AG ¶ 7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country, or in Any Foreign-owned or Foreign-operated Business, Which Could Subject the Individual to Heightened Risk of Foreign Influence or Exploitation.

Mitigating

AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 12, 2014
Answer filedJan 23, 2015
Hearing heldJun 2, 2015
Decision dateMar 25, 2016Record closed on July 16, 2015.

Cite For

Mitigating Factors Related to Foreign Citizenship Under Guideline C
Considerations of Foreign Influence with Limited Familial Ties Under Guideline B
The Importance of Intent and Context in Evaluating Foreign Interests.

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	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign influence.	For Applicant	Sibling in Foreign Country Immediate Family	Spain	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Other
2.b	A foreign financial interest that could create a conflict of interest for the individual.	For Applicant	Foreign Real Estate Financial or Property Interest	Spain	Denied	(b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Other
2.c	Failure to disclose foreign contacts or financial interests that could create a conflict of interest for the individual.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign influence.

For Applicant

Sibling in Foreign Country

Immediate Family

Spain

Denied

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

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

Claimed

Other

2.b

A foreign financial interest that could create a conflict of interest for the individual.

For Applicant

Foreign Real Estate

Financial or Property Interest

Spain

Denied

(b) connections creating a potential conflict of interest

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

Claimed

Other

2.c

Failure to disclose foreign contacts or financial interests that could create a conflict of interest for the individual.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

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

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant applied for Spanish citizenship in 2009 in order to help her mother receive rights to some family property owned by her grandfather, who had died intestate. She is unsure of the basis for her Spanish citizenship status. These facts are sufficient to raise Disqualifying Condition AG ¶ 10(b): Action to acquire or obtain recognition of a foreign citizenship by an American citizen.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Credited Willingness to Renounce Foreign Citizenship

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant applied for Spanish citizenship in 2009 in order to help her mother receive rights to some family property owned by her grandfather, who had died intestate. She is unsure of the basis for her Spanish citizenship status. These facts are sufficient to raise Disqualifying Condition AG ¶ 10(b): Action to acquire or obtain recognition of a foreign citizenship by an American citizen.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Credited

Willingness to Renounce Foreign Citizenship

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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