Summary
The applicant, a 39-year-old president of a U.S. company, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his dual citizenship and repeated use of his Lebanese passport after becoming a naturalized U.S. citizen. Despite mitigating factors regarding foreign influence, the applicant's actions raised doubts about his allegiance to the U.S., leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (2.a). The individual has close ties of affection to citizens of a foreign country (2.b). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Repeated use of his foreign passport after becoming a naturalized U.S. citizen (1.c). The applicant's willingness to relinquish his foreign passport if necessary (1.d). Failure to demonstrate a clear preference for the United States (1.e).
The judge denied the clearance. The government raised disqualifying conditions C.1, C.2, B.1. The judge applied mitigating conditions C.2, B.1. The decision turned on the following: The applicant maintained dual citizenship and used his Lebanese passport 17 times after becoming a U.S. citizen; He renewed his Lebanese passport in December 2000 and continued to use it even after receiving a Statement of Reasons expressing security concerns; His assertion of loyalty to the U.S. was deemed insufficient to mitigate the concerns raised by his foreign preference.
Why the applicant was denied
- The applicant maintained dual citizenship and used his Lebanese passport 17 times after becoming a U.S. citizen.
- He renewed his Lebanese passport in December 2000 and continued to use it even after receiving a Statement of Reasons expressing security concerns.
- His assertion of loyalty to the U.S. was deemed insufficient to mitigate the concerns raised by his foreign preference.
Conditions referenced
- C.1raisedExercise of Dual Citizenship
- C.2raisedPossession And/or Use of a Foreign Passport
- B.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- C.2rejectedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. CitizenshipThe applicant's use of his foreign passport continued after he became a U.S. citizen.
- B.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key rule quoted
“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”
Procedural posture
- SOR issuedJul 12, 2001
- Answer filedJul 30, 2001
- Hearing heldSep 27, 2001Applicant submitted additional exhibits post-hearing.
- Decision dateDec 6, 2001
Cite for
- Denial of Security Clearance Due to Dual Citizenship Under Guideline C
- Impact of Foreign Passport Use on Security Clearance Eligibility
- Mitigating Factors Related to Foreign Influence and Preference