ISCR Case 01-02974.h1

Case Headnote

ISCR Case No. 01-02974.h1

grantedJul 17, 2002· Hon. Elizabeth M. Matchinski· hearing

Summary

A 56-year-old naturalized U.S. citizen, originally from the UK and serving as a director of business development, was evaluated for a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns arose due to his dual citizenship with the United Kingdom, possession and use of UK passports, and foreign financial interests. Specific allegations included his spouse being a dual UK/U.S. citizen, and his daughter, sister, and other family members being citizens and residents of the United Kingdom. Additionally, his stepfather is a citizen and resident of Germany.

Further issues involved the applicant's past military service for the United Kingdom, from which he receives a pension, and his maintenance of a UK bank account. He had also traveled internationally using his UK passport. These factors raised questions about potential foreign influence and preference.

To mitigate these concerns, the applicant formally surrendered and cancelled his UK passports. He demonstrated that his foreign financial interests were minimal when compared to his U.S. assets. Furthermore, it was established that his family ties, despite members being foreign citizens and residents, did not pose an unacceptable risk of foreign influence. Based on these mitigating actions, the security clearance was granted.

Why the Applicant Prevailed

The applicant surrendered his UK passports, which were formally cancelled.
His foreign financial interests were minimal compared to his U.S. assets.
Family members' foreign citizenship and residency did not present an unacceptable risk of foreign influence.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.1appliedDual Citizenship Is Based on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“A decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedMar 14, 2002
Answer filedApr 1, 2002Applicant acted pro se.
Hearing heldMay 28, 2002
Decision dateJul 17, 2002

Cite For

Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passports
Minimal Foreign Financial Interests Under Guideline B
Family Ties Not Presenting Unacceptable Risk Under Guideline B

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	The applicant has a spouse who is a dual citizen of the United Kingdom and the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	United Kingdom	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	The applicant has family members who are citizens and residents of the United Kingdom.	For Applicant	Extended Family in Foreign Country Extended Family	United Kingdom	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.c	The applicant has a daughter who is a citizen and resident of the United Kingdom.	For Applicant	Extended Family in Foreign Country Extended Family	United Kingdom	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.d	The applicant has a sister who is a citizen and resident of the United Kingdom.	For Applicant	Extended Family in Foreign Country Extended Family	United Kingdom	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.e	The applicant has a stepfather who is a citizen and resident of Germany.	For Applicant	Extended Family in Foreign Country Extended Family	Germany	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The applicant has a spouse who is a dual citizen of the United Kingdom and the United States.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

United Kingdom

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.b

The applicant has family members who are citizens and residents of the United Kingdom.

For Applicant

Extended Family in Foreign Country

Extended Family

United Kingdom

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.c

The applicant has a daughter who is a citizen and resident of the United Kingdom.

For Applicant

Extended Family in Foreign Country

Extended Family

United Kingdom

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.d

The applicant has a sister who is a citizen and resident of the United Kingdom.

For Applicant

Extended Family in Foreign Country

Extended Family

United Kingdom

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.e

The applicant has a stepfather who is a citizen and resident of Germany.

For Applicant

Extended Family in Foreign Country

Extended Family

Germany

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant has dual citizenship with the United Kingdom and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	The applicant possesses and uses a United Kingdom passport.	For Applicant	Foreign Passport Possession or Use	Denied	(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.	—	—
1.c	The applicant served in the military of the United Kingdom.	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.d	The applicant receives a pension from the United Kingdom for his military service.	For Applicant	Foreign Benefits or Education	Admitted	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.e	The applicant maintains a bank account in the United Kingdom.	For Applicant	Foreign Benefits or Education	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.f	The applicant has family members who are citizens of the United Kingdom.	For Applicant	Unspecified Foreign Preference	Admitted	(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions	—	—
1.g	The applicant has traveled to the United Kingdom and other countries using his United Kingdom passport.	For 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

1.a

The applicant has dual citizenship with the United Kingdom and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

The applicant possesses and uses a United Kingdom passport.

For Applicant

Foreign Passport Possession or Use

Denied

(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.

—

1.c

The applicant served in the military of the United Kingdom.

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.d

The applicant receives a pension from the United Kingdom for his military service.

For Applicant

Foreign Benefits or Education

Admitted

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.e

The applicant maintains a bank account in the United Kingdom.

For Applicant

Foreign Benefits or Education

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.f

The applicant has family members who are citizens of the United Kingdom.

For Applicant

Unspecified Foreign Preference

Admitted

(f) an act of expatriation from the U.S. such as a declaration of intent to renounce U.S. citizenship, whether through words or actions

—

1.g

The applicant has traveled to the United Kingdom and other countries using his United Kingdom passport.

For Applicant

Foreign Passport Possession or Use

Admitted

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

—

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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

FOOTNOTES