Summary
The Applicant, a 47-year-old defense contractor with a Ph.D. in Aeronautics, sought a security clearance under Guidelines B and C due to concerns about foreign preference and influence. He renounced his foreign citizenship, destroyed his foreign passport, and demonstrated that his family members in his country of birth had no connections to the government, leading to the granting of his clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's parents, and one of his three brothers, live in the country of his birth. They have no connection, what so ever, with the government of the country of the Applicant's birth. His two other brothers are naturalized U.S. citizens, and reside in the U.S (2.a). The Applicant became a naturalized U.S. citizen in December of 1990. He held a dual citizenship, however, and traveled to the country of his birth on about six occasions, using both his U.S. and foreign country passport (1.a). He used his U.S. passport to enter and exit the country of his birth, and his foreign country passport to stay there for an extended period of time (1.b). In 1999, a 'DoD investigator' appraised the Applicant that maintenance of a foreign country passport could affect the Applicant's security clearance; and as a result, the Applicant destroyed his foreign country passport (1.c). The Applicant had a bank account in the country of his birth with about $20 in it. At present, the Applicant has absolutely no access to this account, and is unsure it even exists (1.d). He may, however, inherit a house in that country, worth about $100,000, upon the demise of his parents (1.e).
The judge granted the clearance. The government raised disqualifying conditions C.1, C.2, B.1. The judge applied mitigating conditions C.4, B.1. The decision turned on the following: The Applicant renounced his foreign citizenship and destroyed his foreign passport; He used only his U.S. passport for travel to his country of birth after renouncing dual citizenship; His family members in the foreign country have no connections to the government and cannot be exploited.
Why the Applicant Prevailed
- The Applicant renounced his foreign citizenship and destroyed his foreign passport.
- He used only his U.S. passport for travel to his country of birth after renouncing dual citizenship.
- His family members in the foreign country have no connections to the government and cannot be exploited.
Conditions Referenced
- C.1raisedDual Citizenship
- C.2raisedPossession And/or Use of a Foreign Passport
- B.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- C.4appliedWillingness to Renounce Dual Citizenship
- B.1appliedFamily Members Are Not Agents of a Foreign Power
Key Rule Quoted
“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedFeb 19, 2002
- Answer filedMar 25, 2002
- Hearing heldJul 24, 2002
- Decision dateSep 9, 2002
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Mitigation of Foreign Influence Under Guideline B
- Criteria for Evaluating Foreign Connections in Security Clearance Cases