Summary
The applicant, a 45-year-old general manager of a defense contractor and naturalized U.S. citizen originally from the U.K., faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his retention of a U.K. passport and family ties in the U.K. The judge found that the applicant mitigated these concerns by demonstrating a clear preference for U.S. citizenship, not using the U.K. passport after naturalization, and surrendering it upon realizing the requirements of the 'Money Memo.'
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country (1.a). A substantial financial interest in a country, or in any foreign-owned or -operated business that could make the individual vulnerable to foreign influence (1.b). Possession and/or use of a foreign passport (2.a).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.2, E2.A2.1.2.1, E2.A2.1.2.8. The judge applied mitigating conditions E2.A3.1.3.2, E2.A3.1.3.4, E2.A2.1.3.1. The decision turned on the following: Applicant demonstrated a clear preference for U.S. citizenship over foreign ties; He did not use his U.K. passport after becoming a U.S. citizen and intended to use only his U.S. passport; Applicant surrendered his U.K. passport upon becoming aware of the requirements.
Why the Applicant Prevailed
- Applicant demonstrated a clear preference for U.S. citizenship over foreign ties.
- He did not use his U.K. passport after becoming a U.S. citizen and intended to use only his U.S. passport.
- Applicant surrendered his U.K. passport upon becoming aware of the requirements.
Conditions Referenced
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.8raisedA Substantial Financial Interest in a Foreign Country
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
- E2.A2.1.3.1appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities
Key Rule Quoted
“The Government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
Procedural Posture
- SOR issuedMay 31, 2002
- Answer filedJun 19, 2002
- Hearing heldOct 28, 2002
- Decision dateNov 7, 2002
Cite For
- Mitigation of Foreign Preference Due to Lack of Use of Foreign Passport
- Family Ties in the U.K. Not Posing a Security Risk
- Willingness to Renounce Foreign Citizenship as a Mitigating Factor