ISCR Case 14-05077.h1

Case Headnote

ISCR Case No. 14-05077.h1

grantedOct 13, 2015· Hon. Edward W. Loughran· hearing

Summary

A 43-year-old U.S. citizen, originally from Morocco, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his family in Morocco, including his father, stepmother, parents-in-law, and half-siblings, all of whom are Moroccan citizens and residents. These family ties were seen as creating a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion, especially given the potential for terrorist violence and human rights issues in Morocco.

Additionally, the applicant possessed a Moroccan passport as a U.S. citizen, and its renewal raised concerns about seeking recognition of Moroccan citizenship. Disqualifying conditions under AG ¶ 10(a), AG ¶ 10(b), AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(d) were considered.

However, the judge found that the applicant mitigated these concerns. He credibly testified to his loyalty to the United States and his willingness to report any coercive attempts. He surrendered his Moroccan passport and expressed a desire to renounce his Moroccan citizenship. Furthermore, his family members in Morocco were found to have no direct ties to the Moroccan government or terrorist organizations. Mitigating conditions under AG ¶ 11(b), AG ¶ 11(e), and AG ¶ 8(b) were applied, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant credibly testified about his loyalty to the United States and willingness to report any coercive attempts against him.
He surrendered his Moroccan passport and expressed a desire to renounce his Moroccan citizenship.
The applicant's family members in Morocco do not have direct ties to the Moroccan government or terrorist organizations.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedPossession of a Current Foreign Passport
AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person or Government
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National

Mitigating

AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedPassport Has Been Surrendered or Invalidated
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 5, 2014
Answer filedDec 23, 2014
Hearing heldJul 23, 2015
Decision dateOct 13, 2015

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Rebuttable Presumption of Loyalty Based on Credible Testimony
Surrender of Foreign Passport as a Mitigating Factor

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	Applicant’s father, stepmother, parents-in-law, half-siblings, and other extended family members are citizens and residents of Morocco.	For Applicant	Extended Family in Foreign Country Extended Family	Morocco HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.b	The potential for terrorist violence against U.S. interests and citizens exists in Morocco. Moroccan nationals have been implicated in terrorism abroad and at home.	For Applicant	Unspecified Foreign Relationship Other	Morocco HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.c	Morocco also continues to have human rights problems.	For Applicant	Unspecified Foreign Relationship Other	Morocco HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.d	Applicant’s foreign relatives create a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.	For Applicant	Extended Family in Foreign Country Extended Family	Morocco HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
2.e–2.k	7 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, stepmother, parents-in-law, half-siblings, and other extended family members are citizens and residents of Morocco.

For Applicant

Extended Family in Foreign Country

Extended Family

Morocco

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

—

2.b

The potential for terrorist violence against U.S. interests and citizens exists in Morocco. Moroccan nationals have been implicated in terrorism abroad and at home.

For Applicant

Unspecified Foreign Relationship

Other

Morocco

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

—

2.c

Morocco also continues to have human rights problems.

For Applicant

Unspecified Foreign Relationship

Other

Morocco

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

—

2.d

Applicant’s foreign relatives create a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.

For Applicant

Extended Family in Foreign Country

Extended Family

Morocco

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

—

2.e–2.k

7 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed a Moroccan passport while a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	The renewal of his Moroccan passport while a U.S. citizen could raise concerns under AG ¶ 10(b), as an action to obtain recognition of his Moroccan citizenship.	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 (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.c–1.f	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed a Moroccan passport while a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

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

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

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.b

The renewal of his Moroccan passport while a U.S. citizen could raise concerns under AG ¶ 10(b), as an action to obtain recognition of his Moroccan citizenship.

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

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.c–1.f

4 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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