Summary
The applicant, a 52-year-old naturalized U.S. citizen originally from the U.K., sought to retain his security clearance despite concerns regarding foreign preference and influence due to his retention of a U.K. passport and financial interests in the U.K. The judge found that the applicant's actions were mitigated by his intent to use only his U.S. passport, the lack of coercive potential from his family in the U.K., and the nature of his foreign financial interests, ultimately granting the clearance.
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 in, a foreign country (1.a). A substantial financial interest in a country, or in any foreign-owned or -operated business that could make the individual vulnerable to foreign influence (1.b). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Military service or a willingness to bear arms for a foreign country (1.c).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.2, E2.A2.1.2.1. The judge applied mitigating conditions E2.A3.1.3.1, E2.A2.1.3.1, E2.A2.1.3.5. The decision turned on the following: The applicant retained his U.K. passport for sentimental reasons and had not used it after becoming a U.S. citizen; He surrendered the U.K. passport upon learning of the 'Money Memo' requirements; His family in the U.K. were not in positions to exert pressure or influence over him.
Why the Applicant Prevailed
- The applicant retained his U.K. passport for sentimental reasons and had not used it after becoming a U.S. citizen.
- He surrendered the U.K. passport upon learning of the 'Money Memo' requirements.
- His family in the U.K. were not in positions to exert pressure or influence over him.
Conditions Referenced
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities
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.”
Procedural Posture
- SOR issuedOct 9, 2002
- Answer filedOct 31, 2002
- Hearing heldFeb 6, 2003
- Decision dateMar 25, 2003
Cite For
- Mitigation of Foreign Preference Due to Sentimental Retention of a Foreign Passport
- Foreign Influence Concerns Mitigated by Family Not Being Agents of a Foreign Power
- Financial Interests in a Foreign Country Not Deemed Coercive or Significant