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ISCR Case 01-11212.h1 — CASE

ISCR Case 01-11212.h1denied

Case Headnote

ISCR Case No. 01-11212.h1

deniedMar 5, 2003· Hon. Joseph Testan· hearing

Summary

A 21-year-old U.S. citizen with dual German citizenship was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant intended to maintain his German passport for potential employment opportunities in Germany, which raised national security concerns.

The Statement of Reasons highlighted that the applicant's intention to retain both his dual citizenship and foreign passport created doubts about his preferences, which must be resolved in favor of national security. It was also noted that the applicant had exercised his German citizenship in 1997 by obtaining a German passport.

Despite the application of a mitigating condition, the clearance was denied. The decision was based on the applicant's stated intention to maintain dual citizenship and a foreign passport, which raised doubts about his allegiance to the United States. Furthermore, his reasons for retaining German citizenship indicated a preference for foreign employment opportunities over U.S. interests.

Why the Applicant Was Denied

The applicant's intention to maintain dual citizenship and a foreign passport raised doubts about his allegiance to the United States.
The applicant's stated reasons for retaining his German citizenship indicated a preference for foreign employment opportunities over U.S. interests.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant's intention to keep his German citizenship for employment opportunities outweighed this mitigating condition.

Key Rule Quoted

“Individuals granted access to classified information must have a clear, unequivocal preference for the United States.”

Procedural Posture

SOR issuedJun 25, 2002
Answer filedJul 10, 2002Applicant elected to proceed without a hearing.
Hearing held—Written record only.
Decision dateMar 5, 2003

Cite For

National Security Concerns Related to Dual Citizenship Under Guideline B
Impact of Foreign Passport Possession on Security Clearance Eligibility
Preference for U.S. Citizenship as a Requirement for Security Clearance

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant's intention to maintain dual citizenship and keep a foreign passport raised significant concerns regarding his allegiance to the United States. The judge ruled against the applicant, concluding that these factors were not consistent with the national interest, resulting in the denial of the security clearance.

U.S. ties the decision noted: Naturalized U.S. Citizen

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's intention to maintain his dual citizenship and to keep his foreign passport raises doubts about his preferences, which must be resolved in favor of national security.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Germany	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant's intention to maintain his dual citizenship and to keep his foreign passport raises doubts about his preferences, which must be resolved in favor of national security.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Germany	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c–1.d	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant's intention to maintain dual citizenship and keep a foreign passport raised significant concerns regarding foreign preference. The judge ruled against the applicant, determining that these preferences were not consistent with national security interests.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant's intention to maintain his dual citizenship and to keep his foreign passport raises doubts about his preferences, which must be resolved in favor of national security.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.b	Applicant exercised his German citizenship in 1997 by applying for and receiving a German passport.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	—	—

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: March 5, 2003 In Re: ------------------- SSN: ----------- Applicant for Security Clearance ISCR Case No. 01-11212 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant's intention to maintain his dual citizenship and to keep his foreign passport raises doubts about his preferences, which must be resolved in favor of national security. Clearance is denied.

STATEMENT OF CASE

On June 25, 2002, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. Applicant responded to the SOR in writing on July 10, 2002, and elected to have his case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about July 31, 2002. Applicant did not submit a response to the FORM. The case was assigned to me on October 21, 2002.

FINDINGS OF FACT

Applicant is 21 years of age. He was born and raised in the United States. By virtue of his mother's German citizenship, applicant is automatically a German citizen. He exercised his German citizenship in 1997 by applying for and receiving a German passport. (1) In a signed, sworn statement that he gave to the Defense Security Service (DSS) in February 2002, applicant stated that he intends to maintain his German citizenship and keep his German passport for the following reasons: First and foremost, my current employer has already indicated to me that they will probably not have a job for me when I graduate college . . . Secondly, I am not sure right now if I want to work in the military/defense sector of the computer industry. Giving up my German citizenship would make it much more difficult to obtain work in Germany if such an opportunity arises. In the same statement he added the following: Being a US citizen, I realize that I have a responsibility to the US with regard to security matters. I have no intention whatsoever of sharing any information with Germany or with anyone for that matter. I have obtained dual citizenship only by being born to a German mother and if at any time in the future, if presented with an opportunity to work for a defense contractor requiring me to give up my dual citizenship status, I would do it.

POLICIES

Enclosure 2 of the Directive sets forth Guidelines (divided into conditions that could raise a security concern and conditions that could mitigate security concerns) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: Foreign Preference The Concern: When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States. Conditions that could raise a security concern: 1. E2.A3.1.2.1: The exercise of dual citizenship. 2. E2.A3.1.2.2: Possession and/or use of a foreign passport. Conditions that could mitigate security concerns: 1. E2.A3.1.3.1: Dual citizenship is based solely on parents' citizenship or birth in a foreign country.

CONCLUSION

Applicant was born and raised in the United States. By virtue of his mother's German citizenship, applicant is a citizen of Germany. He exercised his German citizenship in 1997 by applying for and receiving a German passport. Applicant intends to keep his German citizenship and an active German passport in order to keep open the option of working in Germany after he graduates from college. Individuals granted access to classified information must have a clear, unequivocal preference for the United States. In this case, applicant's intention to keep his German citizenship and an active German passport in order to leave open the possibility of moving to Germany and working for a German employer, raises doubts about applicant's preferences. Under the "clearly consistent with the national interest" standard set forth in DoD Directive 5220.6, these doubts must be resolved against applicant.

FORMAL FINDINGS

PARAGRAPH 1: AGAINST THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge 1. Applicant's passport was set to expire in March 2002. He stated, however, that he intended to renew it.

FOOTNOTES

01-11212.h1 FOR GOVERNMENT William S. Fields, Department Counsel FOR APPLICANT Pro Se file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/01-11212.h1.html[7/2/2021 2:19:47 PM] 01-11212.h1