Summary
A 47-year-old Senior Engineer/Scientist for a DoD contractor was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The applicant, born in a foreign country (FC) in 1954, became a naturalized U.S. citizen in 1990 but retained his FC citizenship and passport. He used his FC passport for multiple visits to FC and a third country between 1994 and 1999, citing convenience and travel discounts.
Further concerns arose from the applicant's foreign ties, including his father and two brothers who are FC citizens residing in FC. His father was a cabinet minister and university board member in the FC government, and an uncle was also an FC government official. Notably, his older brother is a senior officer in the FC Air Force. The applicant himself served in the FC Air Force from 1972 to 1991 and voted in an FC election in 1991 or 1992.
While the judge found that the applicant did not intentionally misrepresent information on his security clearance application regarding his foreign military service or contact with foreign government representatives, the cumulative weight of his dual citizenship, continued use of a foreign passport, and extensive family ties to foreign nationals, including those in government and military roles, led to the denial of his security clearance.
Why the applicant was denied
- The applicant holds dual citizenship and has not surrendered his foreign passport, which is a disqualifying condition under Guideline C.
- The applicant's close family ties to foreign nationals, including a father and brothers who are citizens of the foreign country, raise security concerns under Guideline B.
- The applicant's past military service in the foreign country's air force and voting in foreign elections further exacerbate the concerns under Guidelines B and C.
Conditions referenced
- B1appliedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
- C1appliedForeign Preference - Exercise of Dual Citizenship.
- C2appliedForeign Preference - Possession And/or Use of a Foreign Passport.
- C3appliedForeign Preference - Military Service for a Foreign Country.
- C8appliedForeign Preference - Voting in a Foreign Country.
- C1appliedForeign Preference - Dual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- C2rejectedForeign Preference - Indicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
- C3rejectedForeign Preference - Willingness to Renounce Dual Citizenship.
Key rule quoted
“"Any determination under this order shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned."”
Procedural posture
- SOR issuedApr 24, 2001
- Answer filedMay 9, 2001
- Hearing heldJul 11, 2001
- Decision dateAug 8, 2001
Cite for
- Disqualifying Conditions Related to Dual Citizenship Under Guideline C
- Security Concerns Arising From Foreign Family Ties Under Guideline B
- Mitigating Factors for Personal Conduct Under Guideline E