ISCR Case 02-03945.h1

Case Headnote

ISCR Case No. 02-03945.h1

grantedApr 28, 2003· Hon. Philip S. Howe· hearing

Summary

A 31-year-old female electrical engineer, who emigrated from Bosnia Herzegovina during its civil war and became a U.S. citizen, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her step-sister's residency in Bosnia and her prior possession of a Bosnian passport.

Specifically, the applicant had retained her Bosnian passport after becoming a U.S. citizen, and a close family member resided in a foreign country. However, the judge found that these issues were mitigated. The applicant renounced her Bosnian citizenship, surrendered her Bosnian passport, and now uses only her U.S. passport for travel.

Her ties to her step-sister in Bosnia were determined to be minimal and not coercive, as she had not sponsored her for U.S. residency. The applicant's strong commitment to her U.S. citizenship and her successful career in the U.S. were persuasive factors, leading to the ultimate decision to grant her security clearance.

Why the Applicant Prevailed

Applicant renounced her Bosnian citizenship and surrendered her Bosnian passport, obtaining a U.S. passport for all travel.
The applicant's ties to her step-sister in Bosnia were deemed minimal and not coercive, as she has not sponsored her for U.S. residency.
The applicant's strong commitment to her U.S. citizenship and her successful career in the U.S. were persuasive factors.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedDual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1appliedDual Citizenship Is 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
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“Each adjudicative decision must also include an assessment of: (1) the nature, extent, and seriousness of the conduct; (2) the circumstances surrounding the conduct, and the extent of knowledgeable participation; (3) how recent and frequent the behavior was; (4) the individual's age and maturity at the time of the conduct; (5) the voluntariness of participation; (6) the presence or absence of rehabilitation and other pertinent behavioral changes; (7) the motivation for the conduct; (8) the potential for pressure, coercion, exploitation, or duress; and (9) the likelihood of continuation or recurrence.”

Procedural Posture

SOR issuedOct 23, 2002
Answer filedNov 21, 2002Applicant requested a hearing.
Hearing heldMar 13, 2003Hearing was rescheduled due to a motion for continuance.
Decision dateApr 28, 2003

Cite For

Mitigating Conditions for Foreign Preference Under Guideline C
Mitigating Conditions for Foreign Influence Under Guideline B
Consideration of Personal Circumstances in Security Clearance Decisions

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 or present in, a foreign country.	For Applicant	Sibling in Foreign Country Immediate Family	Bosnia Herzegovina	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Foreign Assets Divested Claimed Financial Event Outside Control

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 or present in, a foreign country.

For Applicant

Sibling in Foreign Country

Immediate Family

Bosnia Herzegovina

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

(e) promptly complied with reporting requirements

Credited

Foreign Assets Divested

Claimed

Financial Event Outside Control

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed a B/H passport prior to becoming a U.S. citizen, and retained it after becoming a citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed a B/H passport prior to becoming a U.S. citizen, and retained it after becoming a citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

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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