ISCR Case 02-00713.h1

Case Headnote

ISCR Case No. 02-00713.h1

grantedJul 27, 2005· Hon. Joseph Testan· hearing

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

Disqualifying

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

Mitigating

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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Shortly after he became a Canadian citizen, applicant obtained a Canadian passport. When he learned that possession of this passport would preclude him from holding a security clearance, he surrendered it to Canadian authorities (TR at 36-37).	For Applicant	Foreign Passport Possession or Use	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Shortly after he became a Canadian citizen, applicant obtained a Canadian passport. When he learned that possession of this passport would preclude him from holding a security clearance, he surrendered it to Canadian authorities (TR at 36-37).

For Applicant

Foreign Passport Possession or Use

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶37)	Mitigating applied (¶38)	Mitigation
1.a	Applicant is a representative of his Canadian company, and he is engaged in the analysis and discussion of defense/intelligence material.	For Applicant	Representation of Foreign Interest	Unknown	(a) any employment or service, whether compensated or volunteer, with (1) the government of a foreign country; (2) any foreign national/organization/entit… (b) failure to report or fully disclose an outside activity when this is required	(a) evaluation of the outside employment/activity by the appropriate security or counterintelligence office indicates it does not pose a conflict with sec…	Credited Activity Is Sanctioned by the United States
1.b	specific text not stated in this decision	For Applicant	Unspecified Outside Activity	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶37)

Mitigating applied (¶38)

Mitigation

1.a

Applicant is a representative of his Canadian company, and he is engaged in the analysis and discussion of defense/intelligence material.

For Applicant

Representation of Foreign Interest

Unknown

(a) any employment or service, whether compensated or volunteer, with (1) the government of a foreign country; (2) any foreign national/organization/entit…

(b) failure to report or fully disclose an outside activity when this is required

(a) evaluation of the outside employment/activity by the appropriate security or counterintelligence office indicates it does not pose a conflict with sec…

Credited

Activity Is Sanctioned by the United States

1.b

specific text not stated in this decision

For Applicant

Unspecified Outside Activity

Unknown

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES