Summary
A 40-year-old dual citizen of the United States and New Zealand was denied a Top Secret security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's dual citizenship, possession of a foreign passport, and voting in foreign elections were cited as indicators of foreign preference. Additionally, the applicant's entitlement to foreign medical benefits, ownership of stock in companies in New Zealand, and past employment by a foreign university were noted.
Concerns regarding foreign influence stemmed from the foreign residency and/or citizenship of his close family members, including his parents and brother, as well as friends. The applicant's intent to maintain his foreign citizenship was also a significant factor.
The judge ultimately denied the application, concluding that the applicant's unwillingness to renounce his foreign citizenship demonstrated a preference for foreign allegiance. This, combined with the potential for foreign influence due to his family connections and foreign investments, contributed to the security risks identified.
Why the Applicant Was Denied
- The applicant maintained dual citizenship and expressed unwillingness to renounce it, indicating a preference for foreign allegiance.
- The applicant's foreign family ties raised concerns about potential foreign influence.
- The applicant's foreign investments and voting in foreign elections contributed to security risks.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.8raisedVoting in Foreign Elections
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A3.1.3.4rejectedWillingness to Renounce Dual CitizenshipThe applicant expressed unwillingness to renounce his foreign citizenship.
- E2.A2.1.3.1rejectedImmediate Family Members Are Not Agents of a Foreign PowerThe applicant's family ties were deemed a potential risk for foreign influence.
- E2.A2.1.3.5rejectedForeign Financial Interests Are MinimalThe applicant's foreign investments were considered significant enough to raise concerns.
Key Rule Quoted
“A decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedNov 5, 2001
- Answer filedNov 20, 2001
- Hearing heldMar 14, 2002
- Decision dateApr 30, 2002
Cite For
- Denial of Security Clearance Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Unwillingness to Renounce Foreign Citizenship as a Disqualifying Factor