ISCR Case 01-17630.h1

Case Headnote

ISCR Case No. 01-17630.h1

grantedAug 19, 2002· Hon. Roger C. Wesley· hearing

Summary

This case involved an applicant, a naturalized U.S. citizen originally from Israel, whose security clearance was initially questioned under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns arose from his dual U.S. and Israeli citizenship, his possession and use of an Israeli passport for travel to Israel, and his regular contact with family members in Israel and the Netherlands, as well as childhood friends in Israel.

Specifically, the Statement of Reasons cited his dual citizenship, his valid and regularly renewed Israeli passport, and his use of that passport for travel to Israel. It also noted his mother, sisters, and uncle residing in Israel, his Dutch citizen in-laws and niece in the Netherlands, and four Israeli citizen childhood friends, all with whom he maintained regular contact. His spouse is also a Dutch citizen.

The applicant successfully mitigated these concerns. He renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating a clear preference for the U.S. Furthermore, his family members in Israel and the Netherlands were not deemed vulnerable to coercion or pressure. His actions since naturalization indicated a commitment to U.S. interests, leading to the granting of his ADP clearance.

Why the Applicant Prevailed

Applicant renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating preference for the U.S.
Family members in Israel and the Netherlands were not found to be vulnerable to coercion or pressure.
Applicant's actions since naturalization indicated a commitment to U.S. interests.

Conditions Referenced

Disqualifying

DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
DC 2raisedPossession And/or Use of a Foreign Passport.

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
MC 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
MC 1appliedA Determination That the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Persons Involved and the United States.

Key Rule Quoted

“The required showing of nexus however, does not require the Government to affirmatively demonstrate that the applicant has actually mishandled or abused classified information before it can deny or revoke a security clearance.”

Procedural Posture

SOR issuedDec 18, 2001
Answer filedMar 9, 2002
Hearing heldMay 10, 2002
Decision dateAug 19, 2002

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Assessment of Foreign Influence Risks Based on Family Ties
Demonstration of Commitment to U.S. Interests by Naturalized Citizens

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	a mother, sisters and uncle residing in Israel, with whom he maintains regular contact	For Applicant	Parent in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Severed Foreign Contact
2.b	a father-in-law, a mother-in-law, brothers-in-law, a sister-in-law and a niece who are Dutch citizens residing in the Netherlands, with whom he maintains regular contact	For Applicant	In Law in Foreign Country Extended Family	Netherlands	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Severed Foreign Contact
2.c	four childhood friends who are Israeli citizens currently residing in Israel, with whom he maintains contact two to three times a month	For Applicant	Friend in Foreign Country Friend	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Severed Foreign Contact
2.d	a spouse who is a Dutch citizen	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Netherlands	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

a mother, sisters and uncle residing in Israel, with whom he maintains regular contact

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Severed Foreign Contact

2.b

a father-in-law, a mother-in-law, brothers-in-law, a sister-in-law and a niece who are Dutch citizens residing in the Netherlands, with whom he maintains regular contact

For Applicant

In Law in Foreign Country

Extended Family

Netherlands

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Severed Foreign Contact

2.c

four childhood friends who are Israeli citizens currently residing in Israel, with whom he maintains contact two to three times a month

For Applicant

Friend in Foreign Country

Friend

Israel

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Severed Foreign Contact

2.d

a spouse who is a Dutch citizen

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Netherlands

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	exercised dual citizenship with Israel and the US	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	possessed a valid Israeli passport, which he renewed every five years	For 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.c	used his Israeli passport, rather than his US passport, whenever he traveled to Israel	For 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

exercised dual citizenship with Israel and the US

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

possessed a valid Israeli passport, which he renewed every five years

For 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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.c

used his Israeli passport, rather than his US passport, whenever he traveled to Israel

For 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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES