ISCR Case 01-08087.h1

Case Headnote

ISCR Case No. 01-08087.h1

grantedJul 23, 2002· Hon. Darlene Lokey Anderson· hearing

Summary

A 45-year-old U.S. citizen, originally from Peru, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) related to his dual citizenship and foreign contacts. The applicant's mother, two brothers, and a sister reside in Peru, but none are agents of the Peruvian government; his brothers are physicians, his sister is an economist, and his mother is a homemaker. The applicant maintains regular but not extensive contact with his family, speaking with his mother every two weeks and his siblings every couple of months. He has no close friends in Peru, only occasional contact with a relative of his wife.

Financial ties to Peru were minimal. The applicant's wife had a $10,000 bank account in Peru, which was used in 2001 to purchase a house in the U.S. The applicant also received an inheritance of $25,000 to $30,000 from his mother, with a future inheritance expected from the sale of another family home.

Crucially, the applicant's Peruvian passport and voting card had expired and were not renewed. He expressed a clear willingness to renounce his Peruvian citizenship and has exclusively used his American passport for travel since becoming a U.S. citizen. The judge determined that the applicant's family members in Peru were not in positions to exert foreign influence, and the applicant had successfully rebutted the government's case regarding foreign preference and influence. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a willingness to renounce his dual citizenship.
The applicant exclusively used his American passport for travel since becoming a U.S. citizen.
The applicant's family members in Peru were not agents of the government and posed no foreign influence risk.

Conditions Referenced

Disqualifying

C1raisedPossession And/or Use of a Foreign Passport
B1raisedAn Immediate Family Member, or Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.

Mitigating

C1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country.
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
B1appliedA Determination That the Immediate Family Member(s), . . . Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Person(s) Involved and the United States.

Key Rule Quoted

“The mere possession of a foreign passport, and dual citizenship status, raises legitimate questions as to whether an Applicant can be counted upon to place the interests of the United States paramount to that of another nation.”

Procedural Posture

SOR issuedFeb 7, 2002
Answer filedMar 7, 2002
Hearing heldJun 7, 2002
Decision dateJul 23, 2002

Cite For

Mitigation of Foreign Preference Due to Expired Passport
Willingness to Renounce Dual Citizenship as a Mitigating Factor
Minimal Foreign Influence From Family Members Not in Government Positions

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
1.a	The Applicant's mother, as well as his two brothers and a sister are Peruvian citizens currently residing in Peru. None of these family members are agents of the Peruvian Government. Both of the Applicant's brothers are physicians in private practice. The Applicant's sister is an economist who works for a private banking institution. His mother is a homemaker. There is no evidence that they are in an intelligence gathering capacity.	For Applicant	Sibling in Foreign Country Immediate Family	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.b	The Applicant contacts his mother in Peru by telephone every two weeks or so. She comes to the United States to visit him about once every two years. The Applicant is also in contact with his brothers and sister in Peru by telephone about every couple of months or so.	For Applicant	Parent in Foreign Country Immediate Family	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.a	The Applicant has no close friends that he maintains contact with in Peru. He occasionally e-mails his wife's cousin who went to school with him. His wife's cousin owns a lumber business and has no affiliation with the Peruvian Government.	For Applicant	Friend in Foreign Country Friend	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	The Applicant's wife maintained a bank account in Peru that contained approximately $10,000.00. In June 2001, the Applicant and his wife used the money to buy a bigger house in the United States.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	The Applicant's mother, while still alive, distributed to him between $25,000.00 and $30,000.00 of his inheritance from the sale of one of her houses in Peru. The value of the home that she has remaining is approximately $110,000.00. The Applicant and his three siblings will share the inheritance of that house someday. Other than that, the Applicant stands to inherit nothing in Peru.	For Applicant	Parent in Foreign Country Immediate Family	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	The Applicant states that he has no problem renouncing his Peruvian citizenship. The Government conceded that because the Applicant's Peruvian passport and voting card have long expired and he has not renewed them, the Money Memorandum does not apply.	For Applicant	Unspecified Foreign Relationship Other	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	The Applicant has rebutted the Government's case regarding his foreign preference and foreign influence. The Applicant has met the mitigating conditions of Guidelines C and B and of the adjudicative guidelines set forth in Enclosure 2 of the Directive.	For Applicant	Unspecified Foreign Relationship Other	Peru LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant's mother, as well as his two brothers and a sister are Peruvian citizens currently residing in Peru. None of these family members are agents of the Peruvian Government. Both of the Applicant's brothers are physicians in private practice. The Applicant's sister is an economist who works for a private banking institution. His mother is a homemaker. There is no evidence that they are in an intelligence gathering capacity.

For Applicant

Sibling in Foreign Country

Immediate Family

Peru

LOW RISK / ALLY

Denied

—

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

—

1.b

The Applicant contacts his mother in Peru by telephone every two weeks or so. She comes to the United States to visit him about once every two years. The Applicant is also in contact with his brothers and sister in Peru by telephone about every couple of months or so.

For Applicant

Parent in Foreign Country

Immediate Family

Peru

LOW RISK / ALLY

Denied

—

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

—

2.a

The Applicant has no close friends that he maintains contact with in Peru. He occasionally e-mails his wife's cousin who went to school with him. His wife's cousin owns a lumber business and has no affiliation with the Peruvian Government.

For Applicant

Friend in Foreign Country

Friend

Peru

LOW RISK / ALLY

Denied

—

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

—

2.b

The Applicant's wife maintained a bank account in Peru that contained approximately $10,000.00. In June 2001, the Applicant and his wife used the money to buy a bigger house in the United States.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Peru

LOW RISK / ALLY

Denied

—

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

—

2.c

The Applicant's mother, while still alive, distributed to him between $25,000.00 and $30,000.00 of his inheritance from the sale of one of her houses in Peru. The value of the home that she has remaining is approximately $110,000.00. The Applicant and his three siblings will share the inheritance of that house someday. Other than that, the Applicant stands to inherit nothing in Peru.

For Applicant

Parent in Foreign Country

Immediate Family

Peru

LOW RISK / ALLY

Denied

—

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

—

2.d

The Applicant states that he has no problem renouncing his Peruvian citizenship. The Government conceded that because the Applicant's Peruvian passport and voting card have long expired and he has not renewed them, the Money Memorandum does not apply.

For Applicant

Unspecified Foreign Relationship

Other

Peru

LOW RISK / ALLY

Denied

—

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

—

2.e

The Applicant has rebutted the Government's case regarding his foreign preference and foreign influence. The Applicant has met the mitigating conditions of Guidelines C and B and of the adjudicative guidelines set forth in Enclosure 2 of the Directive.

For Applicant

Unspecified Foreign Relationship

Other

Peru

LOW RISK / ALLY

Denied

—

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant was born in Peru and is a dual citizen of Peru 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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	The applicant possesses a foreign passport (now expired).	For Applicant	Foreign Passport Possession or Use	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
2.a	The applicant has expressed a willingness to renounce his Peruvian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
2.b	The applicant has used his American passport for travel since becoming a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
2.c	The applicant has never renewed his Peruvian passport.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
2.d	The applicant has not voted in a Peruvian election since becoming a U.S. citizen.	For Applicant	Foreign Voting	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
2.e	The applicant has minimal contact with his family in Peru and does not maintain close ties.	For Applicant	Unspecified Foreign Preference	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant was born in Peru and is a dual citizen of Peru 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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

The applicant possesses a foreign passport (now expired).

For Applicant

Foreign Passport Possession or Use

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.

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

2.a

The applicant has expressed a willingness to renounce his Peruvian citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

2.b

The applicant has used his American passport for travel since becoming a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

2.c

The applicant has never renewed his Peruvian passport.

For Applicant

Foreign Passport Possession or Use

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

2.d

The applicant has not voted in a Peruvian election since becoming a U.S. citizen.

For Applicant

Foreign Voting

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

2.e

The applicant has minimal contact with his family in Peru and does not maintain close ties.

For Applicant

Unspecified Foreign Preference

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

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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