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Summary

The applicant, a 44-year-old naturalized U.S. citizen and former member of the Canadian Forces, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant demonstrated a clear intent to renounce her Canadian citizenship upon naturalization and took steps to surrender her Canadian passport. The judge found no risk of foreign influence or preference due to the applicant's established character and her significant ties to the United States, resulting in a granted security clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The information set forth in SOR 1.c., above. The cited allegation refers to both Applicant's service in the Canadian Forces and her Canadian military pension and retirement plan from the Canadian government. As discussed in 1.c., above, I find the impact of the present and future Canadian benefits is too small to produce a risk of foreign influence on a person of Applicant's demonstrated character (2.a). Applicant never exercised dual citizenship between the United States and Canada. As she understood the naturalization process, and as per her stated and demonstrated intent, she renounced her Canadian citizenship when she took her oath of allegiance to the United States in 1999 (1.a). Applicant possessed a valid Canadian passport for most of her life, prior to becoming a United States citizen in 1999. During the U.S. naturalization ceremony, she offered the Canadian passport to the U.S. official and was told to keep it as a souvenir, a fact corroborated by two witnesses. She did so, never using it again for any purpose. It expired in August 2001 and has not been renewed, since Applicant does not consider herself to be a Canadian citizen (1.b). Applicant served in the Canadian Armed Forces from 1977 to August 1995. She retired as a Warrant Officer working with U.S. troops under the NORAD treaty. She retired about four years prior to her becoming a U.S. citizen. Logic precludes any issue about her showing a preference for Canada over the United States prior to 1995, since she owed no allegiance to the U.S. prior to becoming a citizen in 1999 (1.c).

The judge granted the clearance. The government raised disqualifying conditions C.2, B.1. The judge applied mitigating conditions C.2, B.1, B.5, C.4. The decision turned on the following: The applicant renounced her Canadian citizenship upon naturalization and has not considered herself a Canadian citizen since 1999; The applicant promptly surrendered her expired Canadian passport after learning of the Money Memorandum's requirements; The applicant's financial interests in Canada are minimal and do not pose a risk of foreign influence.

Why the Applicant Prevailed

• The applicant renounced her Canadian citizenship upon naturalization and has not considered herself a Canadian citizen since 1999.
• The applicant promptly surrendered her expired Canadian passport after learning of the Money Memorandum's requirements.
• The applicant's financial interests in Canada are minimal and do not pose a risk of foreign influence.

Conditions Referenced

Key Rule Quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”

Procedural Posture

• SOR issuedAug 22, 2001
• Answer filedSep 13, 2001
• Hearing heldNov 8, 2001
• Decision dateNov 26, 2001

Cite For

• Demonstrated Intent to Renounce Foreign Citizenship Under Guideline C
• Minimal Foreign Financial Interests Under Guideline B
• No Risk of Foreign Influence Due to Established Character and Ties to the U.S.