Summary
The applicant, a 53-year-old U.S. citizen originally from Kenya, faced security concerns under Guideline B and Guideline C due to his dual citizenship with the United Kingdom and family members residing in foreign countries. He mitigated these concerns by surrendering his British passport and expressing a willingness to renounce his British citizenship, while demonstrating that his family members do not live under duress. The Administrative Judge granted the security clearance, finding it consistent with national interest.
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 or present in, a foreign country (2.a). An 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 (2.b). An 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 (2.c). The exercise of dual citizenship; (1.a). Possession and/or use of a foreign passport; (1.b).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A2.1.2.1. The judge applied mitigating conditions E2.A3.1.3.4, E2.A2.1.3.1. The decision turned on the following: Applicant surrendered his British passport and expressed willingness to renounce his British citizenship; Family members reside in democratic countries and are not subject to duress.
Why the applicant prevailed
- Applicant surrendered his British passport and expressed willingness to renounce his British citizenship.
- Family members reside in democratic countries and are not subject to duress.
Conditions referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A2.1.2.1raisedImmediate Family Members Are Citizens of Foreign Countries
- E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedFamily Members Are Not Agents of a Foreign Power
Key rule quoted
“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural posture
- SOR issuedJul 9, 2002
- Answer filedJul 25, 2002
- Hearing heldSep 13, 2002
- Decision dateDec 18, 2002
Cite for
- Mitigation of Dual Citizenship Concerns Under Guideline C
- Family Ties in Democratic Countries Under Guideline B
- Willingness to Renounce Foreign Citizenship as a Mitigating Factor