ISCR Case 02-02172.h1

Case Headnote

ISCR Case No. 02-02172.h1

grantedMay 16, 2003· Hon. John Grattan Metz, Jr.· hearing

Summary

A 30-year-old defense contractor and dual citizen of South Korea and the U.S. was granted a security clearance following an assessment under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited concerns regarding the applicant's dual citizenship, the presence of immediate family members who are citizens or residents of a foreign country, and a potential willingness to bear arms for a foreign country.

Specifically, three allegations noted that immediate family members or individuals with close ties to the applicant were citizens or residents of a foreign country. Additionally, the applicant's exercise of dual citizenship and a potential willingness to serve in a foreign military were raised as concerns.

However, these issues were mitigated by several factors. The applicant formally renounced his South Korean citizenship, demonstrating a clear preference for U.S. citizenship. Furthermore, it was established that the applicant's family members have no connections to the South Korean government, thereby reducing foreign influence risks. The applicant's reluctance to bear arms against South Korea was ultimately deemed to be without security significance, leading to the clearance being granted.

Why the Applicant Prevailed

Applicant renounced his South Korean citizenship, mitigating foreign preference concerns.
Family members have no connections to the South Korean government, reducing foreign influence risks.
Applicant's reluctance to bear arms against South Korea was deemed without security significance.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
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

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.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedNov 26, 2002
Answer filedDec 11, 2002
Hearing heldMar 17, 2003
Decision dateMay 16, 2003

Cite For

Mitigation of Foreign Influence Concerns Due to Family Connections
Renunciation of Foreign Citizenship as a Mitigating Factor Under Guideline C
Lack of Security Significance of Reluctance to Bear Arms Against Former Country

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

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
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 in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	South Korea	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
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 in, a foreign country.	For Applicant	Sibling in Foreign Country Immediate Family	South Korea	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.c	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.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

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 in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

South Korea

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

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 in, a foreign country.

For Applicant

Sibling in Foreign Country

Immediate Family

South Korea

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.c

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.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Military service or a willingness to bear arms for a foreign country	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Military service or a willingness to bear arms for a foreign country

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES