ISCR Case 01-12072.h1

Case Headnote

ISCR Case No. 01-12072.h1

deniedApr 18, 2002· Hon. Claude R. Heiny II· hearing

Summary

A 26-year-old dual U.S.-Norwegian citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial was based on several factors, including the Applicant's possession and use of a Norwegian passport, his voting in Norwegian elections, and his acceptance of educational benefits from Norway. The Applicant also maintained his Norwegian citizenship to obtain free education and had not taken steps to relinquish his Norwegian passport.

Further concerns included the Applicant's past part-time jobs with Norwegian companies and as a corresponding journalist for a Norwegian-American newspaper, as well as summer jobs in Norway while attending school. While the Applicant's financial interests in his father's business and his Norwegian bank account held minimal balances, these did not sufficiently mitigate the overall concerns.

The judge determined that the Applicant's actions, particularly holding a Norwegian passport and voting in Norwegian elections, demonstrated a preference for a foreign country. Additionally, his family ties to Norway raised foreign influence issues. Despite some mitigating factors, the Applicant's failure to relinquish his Norwegian passport, as required by policy, contributed to the final decision to deny the security clearance.

Why the Applicant Was Denied

The Applicant holds dual citizenship with the US and Norway, indicating foreign preference.
The Applicant possesses a Norwegian passport and has voted in Norwegian elections, which raises security concerns.
The Applicant has not taken steps to relinquish his Norwegian passport as required by the ASDC3I memo.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.4raisedAccepting Benefits From a Foreign Country
E2.A3.1.2.8raisedVoting in Foreign Elections

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
E2.A2.1.3.3appliedContact with Foreign Citizens Is Casual and Infrequent

Key Rule Quoted

“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJan 28, 2002
Answer filedFeb 1, 2002
Hearing heldApr 4, 2002
Decision dateApr 18, 2002

Cite For

Foreign Preference Due to Dual Citizenship Under Guideline C
Foreign Influence Concerns Related to Family Ties Under Guideline B
Impact of Foreign Passport Possession on Security Clearance Eligibility

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–2.e	5 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Immediate Family	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.e

5 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant holds dual citizenship with the US and Norway.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	The Applicant possesses and uses a Norwegian passport.	Against 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.	—	—
1.c	The Applicant has accepted educational benefits from Norway.	Against 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.d	The Applicant has voted in a Norwegian election.	Against Applicant	Foreign Voting	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.e	The Applicant maintains his Norwegian citizenship for the purpose of obtaining free education.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.f	The Applicant has not taken steps to relinquish his Norwegian passport.	Against Applicant	Failure to Renounce or Surrender Foreign Status	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's financial interests in his father's business are minimal.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.h	The Applicant's Norwegian bank account holds a minimal balance.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.i	The Applicant's part-time jobs with Norwegian companies were prior to completing college.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.j	The Applicant worked as a corresponding journalist for a Norwegian-American newspaper.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.k	The Applicant's summer jobs in Norway were part-time and held while attending school.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant holds dual citizenship with the US and Norway.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

The Applicant possesses and uses a Norwegian passport.

Against 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.

—

1.c

The Applicant has accepted educational benefits from Norway.

Against 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.d

The Applicant has voted in a Norwegian election.

Against Applicant

Foreign Voting

Admitted

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

—

1.e

The Applicant maintains his Norwegian citizenship for the purpose of obtaining free education.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.f

The Applicant has not taken steps to relinquish his Norwegian passport.

Against Applicant

Failure to Renounce or Surrender Foreign Status

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's financial interests in his father's business are minimal.

For Applicant