Summary
The applicant, a 50-year-old aerospace engineer with dual citizenship in Yugoslavia and the United States, sought a security clearance. Concerns arose due to his possession of a Yugoslavian passport, foreign family ties, and financial interests in Yugoslavia. The judge found that the applicant's actions indicated a preference for Yugoslavia and that his foreign contacts posed a potential for foreign influence, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant has a mother, brother and sister who are citizens of Yugoslavia and reside there. He visits them in Yugoslavia once a year. He telephones his mother every two weeks. He has contact with his brother about once a month, and with his sister even less (2.a). The Applicant's brother's wife is from Bosnia. The economy is better in Bosnia, and they may move to Bosnia. Applicant's brother may obtain Bosnian citizenship in the near future (2.b). The Applicant maintained contact with three professors of Mechanical Engineering at the University of Belgrade up until about 1997. After that he severed almost all connections in Yugoslavia, except for his family (2.c). The Applicant had a romantic interest with a woman who was a Yugoslavian citizen residing in Yugoslavia. He has sent her money. He met this woman before he was employed with the defense contractor. At one time he had planned to marry this woman, but the relationship did not last. He no longer has any contact with her or with any one else outside of the United States (2.d). The Applicant also had a romantic interest with a woman he met on the Internet, who is a citizen of South Africa currently employed in a military compound in South Africa. He met this woman before he was employed with the defense contractor. He no longer has any contact with her or with anyone else outside of the United States (2.e). The Applicant applied for, and was issued a Yugoslavian passport in November 1996, which is still valid (1.a). The Applicant states that when he travels abroad, he has used his Yugoslavian passport instead of his United States passport (1.b). The Applicant served in the Yugoslavian Air Force from September 1, 1979 until August 1, 1980, as it was mandatory for all Yugoslavian citizens (1.c). The Applicant admits that he owns a home in Belgrade, Yugoslavia that is worth about $50,000.00 in United States dollars, that he purchased in 1978 or 1979 (1.d). The Applicant states that he would 'look to renounce' his citizenship but he needs time to sell his assets (1.e). The Applicant has provided some financial support to extended family members in Yugoslavia (1.f). The Applicant has a mother, brother and sister who are citizens of Yugoslavia and reside there (2.a). The Applicant telephones his mother every two weeks (2.b). The Applicant has contact with his brother about once a month, and with his sister even less (2.c). The Applicant has maintained contact with three professors of Mechanical Engineering at the University of Belgrade up until about 1997 (2.d). The Applicant had a romantic interest with a woman who was a Yugoslavian citizen residing in Yugoslavia (2.e).
The judge denied the clearance. The government raised disqualifying conditions C1, B1. The decision turned on the following: The applicant maintained dual citizenship and used a Yugoslavian passport after obtaining U.S. citizenship; The applicant has significant family ties in Yugoslavia, which could create potential foreign influence; The applicant did not demonstrate an unequivocal preference for the United States over Yugoslavia.
Why the Applicant Was Denied
- The applicant maintained dual citizenship and used a Yugoslavian passport after obtaining U.S. citizenship.
- The applicant has significant family ties in Yugoslavia, which could create potential foreign influence.
- The applicant did not demonstrate an unequivocal preference for the United States over Yugoslavia.
Conditions Referenced
- 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
Key Rule Quoted
“An individual who demonstrates a foreign preference and has foreign connections may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedNov 14, 2001
- Answer filedDec 8, 2001
- Hearing heldMar 12, 2002
- Decision dateApr 12, 2002
Cite For
- Foreign Preference Due to Possession of a Foreign Passport
- Foreign Influence From Family Ties in a Foreign Country
- Burden of Proof on Applicant to Mitigate Security Concerns