ISCR Case 01-16923.h1

Case Headnote

ISCR Case No. 01-16923.h1

deniedJul 25, 2002· Hon. Joseph Testan· hearing

Summary

A 43-year-old dual citizen of South Korea and the United States was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from inconsistent statements made by the applicant regarding her dual citizenship and foreign financial interests, which raised significant doubts about her security-worthiness.

Specifically, the applicant maintained regular contact with her mother, sister, and three brothers, all of whom are South Korean citizens residing in South Korea. She also sent her mother $100 to $200 every two to three months. A key issue was her unwillingness to renounce her South Korean citizenship, for which she provided inconsistent reasons. In a sworn statement from January 2001, she explicitly stated her intent to maintain dual citizenship to protect her financial interests, including a bank account and property in South Korea.

Further inconsistencies arose regarding her property ownership in South Korea; she initially stated she owned a house but later denied it. Despite having the opportunity, she failed to provide credible evidence that she had disposed of these foreign financial interests as she claimed. The judge concluded that these inconsistencies, combined with her immediate family residing in South Korea, presented unacceptable security risks, leading to the denial of her clearance.

Why the Applicant Was Denied

The applicant's inconsistent statements regarding her dual citizenship and foreign financial interests raised security concerns.
She failed to provide credible evidence of her intent to dispose of her foreign financial interests as stated.
The presence of immediate family members in South Korea further compounded the security risks.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen or Resident of a Foreign Country.
E2.A2.1.2.8raisedSubstantial Financial Interest in a Foreign Country.
E2.A3.1.2.1raisedExercise of Dual Citizenship.
E2.A3.1.2.6raisedUsing Foreign Citizenship to Protect Financial Interests.

Key Rule Quoted

“Once the Government presents evidence that raises reasonable doubts about an applicant's security-worthiness, the burden shifts to applicant to present evidence to overcome these doubts.”

Procedural Posture

SOR issuedNov 26, 2001
Answer filedDec 19, 2001Applicant elected to proceed without a hearing.
Hearing held—Written record only.
Decision dateJul 25, 2002

Cite For

Inconsistent Statements Regarding Dual Citizenship Under Guideline C
Foreign Financial Interests Raising Security Concerns Under Guideline B
Burden of Proof Shifting to Applicant After Government Raises Doubts About Security-worthiness

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
1.a	Applicant's mother is a citizen of, and resides in, South Korea. Applicant maintains twice monthly contact with her, and sends her $100 to $200 every two to three months.	Against Applicant	Parent in Foreign Country Immediate Family	South Korea	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant's sister and three brothers are citizens of South Korea, and currently reside in South Korea. Applicant maintains monthly contact with them.	Against Applicant	Sibling in Foreign Country Immediate Family	South Korea	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant is unwilling to renounce her South Korean citizenship. She has given inconsistent reasons for her unwillingness to renounce it.	Against Applicant	Unspecified Foreign Relationship Other	South Korea	Denied	(b) connections creating a potential conflict of interest	—	—
1.d	In a signed, sworn statement that she gave to the Defense Security Service (DSS) in January 2001, she stated, 'I plan to maintain my dual citizenship to protect my financial interests (bank account and property) in South Korea.'	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	South Korea	Denied	(b) connections creating a potential conflict of interest	—	—
1.e	Applicant has also given inconsistent information concerning the property she owns in South Korea. In G-5, she stated, 'I own a house in South Korea.' In her response to the SOR, however, she denied that she owned a house in South Korea.	Against Applicant	Foreign Real Estate Financial or Property Interest	South Korea	Denied	(b) connections creating a potential conflict of interest	—	—
1.f	Although she had the opportunity to do so, applicant submitted no credible evidence to confirm that she followed through with her stated intention and disposed of these two foreign financial interests.	Against Applicant	Unspecified Foreign Relationship Other	South Korea	Denied	(b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is a citizen of, and resides in, South Korea. Applicant maintains twice monthly contact with her, and sends her $100 to $200 every two to three months.

Against Applicant

Parent in Foreign Country

Immediate Family

South Korea

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Applicant's sister and three brothers are citizens of South Korea, and currently reside in South Korea. Applicant maintains monthly contact with them.

Against Applicant

Sibling in Foreign Country

Immediate Family

South Korea

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.c

Applicant is unwilling to renounce her South Korean citizenship. She has given inconsistent reasons for her unwillingness to renounce it.

Against Applicant

Unspecified Foreign Relationship

Other

South Korea

Denied

(b) connections creating a potential conflict of interest

—

1.d

In a signed, sworn statement that she gave to the Defense Security Service (DSS) in January 2001, she stated, 'I plan to maintain my dual citizenship to protect my financial interests (bank account and property) in South Korea.'

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

South Korea

Denied

(b) connections creating a potential conflict of interest

—

1.e

Applicant has also given inconsistent information concerning the property she owns in South Korea. In G-5, she stated, 'I own a house in South Korea.' In her response to the SOR, however, she denied that she owned a house in South Korea.

Against Applicant

Foreign Real Estate

Financial or Property Interest

South Korea

Denied

(b) connections creating a potential conflict of interest

—

1.f

Although she had the opportunity to do so, applicant submitted no credible evidence to confirm that she followed through with her stated intention and disposed of these two foreign financial interests.

Against Applicant

Unspecified Foreign Relationship

Other

South Korea

Denied

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Using foreign citizenship to protect financial or business interests in another country.	Against Applicant	Foreign Citizenship Acquisition or Application	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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

Using foreign citizenship to protect financial or business interests in another country.

Against Applicant

Foreign Citizenship Acquisition or Application

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.

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES