Summary
A 61-year-old dual citizen of the United States and Canada was granted a security clearance after an evaluation under Guideline C (Foreign Preference) and Guideline L (Outside Activities). Concerns were raised regarding his Canadian citizenship, possession of a Canadian passport, and his role as a representative for a Canadian company involved in defense/intelligence material analysis.
The applicant had obtained a Canadian passport after becoming a Canadian citizen but surrendered it to Canadian authorities upon learning it would preclude him from holding a security clearance. While he is a representative of his Canadian company and engages in the analysis and discussion of defense/intelligence material, the judge determined these activities did not pose an unacceptable security risk.
The decision to grant the clearance was based on several mitigating factors. The applicant's classified work is performed exclusively in the United States and is kept separate from his Canadian business activities. Furthermore, the Department of Defense had sanctioned his sharing of unclassified work with his Canadian company. The surrender of his Canadian passport also addressed potential security concerns.
Why the applicant prevailed
- The applicant's classified work is performed solely in the United States and remains separate from his Canadian business activities.
- The Department of Defense sanctioned the applicant's sharing of unclassified work with his Canadian company.
- The applicant surrendered his Canadian passport, addressing potential security concerns.
Conditions referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.3raisedWillingness to Bear Arms for a Foreign Country
- E2.A3.1.2.4raisedAccepting Benefits From a Foreign Country
- E2.A3.1.2.5raisedResidence in a Foreign Country to Meet Citizenship Requirements
- E2.A3.1.2.6raisedUsing Foreign Citizenship to Protect Business Interests
- E2.A12.1.2.3raisedRepresentative of a Foreign Interest
- E2.A12.1.2.4raisedEngaged in Analysis/discussion of Defense/intelligence Material
- E2.A3.1.3.3appliedActivity Is Sanctioned by the United States
- E2.A12.1.3.1appliedEvaluation of Outside Employment Indicates No Conflict with Security Responsibilities
Key rule quoted
“Given the unique set of facts this case presents, and the fact that the foreign power at issue is Canada, common sense requires that applicant be allowed continued access to classified information.”
Procedural posture
- SOR issuedNov 18, 2004
- Answer filedDec 10, 2004
- Hearing heldMar 22, 2005
- Decision dateJul 27, 2005
Cite for
- Evaluation of Dual Citizenship Under Guideline C
- Separation of Classified and Unclassified Work in Security Clearance Cases
- Sanctioning of Business Activities by the Department of Defense