ISCR Case 02-12760.h1

Case Headnote

ISCR Case No. 02-12760.h1

deniedJul 28, 2004· Hon. Roger E. Willmeth· hearing

Summary

A 56-year-old U.S. citizen and technical integrator was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant had become an Israeli citizen when his parents moved there, served in the Israeli Defense Forces from 1966-1969, and worked as an aerospace engineer for an Israeli aircraft manufacturer from 1982 to 1988. Between 1990 and 2001, he traveled to Israel two to three times annually for his employer, using his Israeli passport.

While the applicant's wife and three children are dual U.S. and Israeli citizens, his mother-in-law, brother-in-law, sister-in-law, and close friends are Israeli citizens residing in Israel. Although he had not visited them since September 2001, he maintained regular contact with his in-laws. To address foreign preference issues, the applicant renounced his Israeli citizenship and surrendered his passport.

However, the security clearance was ultimately denied because the applicant failed to mitigate foreign influence concerns. He maintained close contact with his Israeli relatives and friends, and did not provide sufficient evidence to demonstrate that these individuals are not in a position to be exploited by a foreign power.

Why the Applicant Was Denied

The applicant maintained close contact with his mother-in-law, brother-in-law, sister-in-law, and friends who are citizens and residents of Israel, raising foreign influence concerns.
The applicant did not provide sufficient evidence to demonstrate that his Israeli relatives and friends are not in a position to be exploited by a foreign power.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedImmediate Family Member or Close Ties to a Foreign Citizen
E2.A2.1.2.1raisedImmediate Family Member or Close Ties to a Foreign Citizen

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship
E2.A3.1.3.2appliedIndicators of Foreign Preference Occurred Before Obtaining U.S. Citizenship
E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security."”

Procedural Posture

SOR issuedNov 15, 2002
Answer filedDec 2, 2002Requested decision on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateJul 28, 2004

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Disqualifying Conditions Related to Foreign Influence Due to Family Ties
Importance of Demonstrating Lack of Vulnerability to Foreign Exploitation in Security Clearance Cases.

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	Applicant's wife and three children are citizens of Israel as well as of the United States. His mother-in-law, brother-in-law, and sister-in-law are Israeli citizens who reside in Israel. Applicant also has close friends who are Israeli citizens and reside in Israel. Each of these relationships raise Disqualifying Condition 1.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	However, Applicant's mother-in-law, brother-in-law, and sister-in-law, to whom he has close ties of affection or obligation, are Israeli citizens who reside in Israel. The same is true with respect to his close friends. Although Applicant asserts that he has not visited them since September 2001, he still maintains regular contact with his in-laws.	Against Applicant	In Law in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant also has close friends who are Israeli citizens and reside in Israel. Each of these relationships raise Disqualifying Condition 1.	Against Applicant	Friend in Foreign Country Friend	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's wife and three children are citizens of Israel as well as of the United States. His mother-in-law, brother-in-law, and sister-in-law are Israeli citizens who reside in Israel. Applicant also has close friends who are Israeli citizens and reside in Israel. Each of these relationships raise Disqualifying Condition 1.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Admitted

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

—

2.b

However, Applicant's mother-in-law, brother-in-law, and sister-in-law, to whom he has close ties of affection or obligation, are Israeli citizens who reside in Israel. The same is true with respect to his close friends. Although Applicant asserts that he has not visited them since September 2001, he still maintains regular contact with his in-laws.

Against Applicant

In Law in Foreign Country

Immediate Family

Israel

Denied

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

—

2.c

Applicant also has close friends who are Israeli citizens and reside in Israel. Each of these relationships raise Disqualifying Condition 1.

Against Applicant

Friend in Foreign Country

Friend

Israel

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant became an Israeli citizen when his parents moved to Israel and became citizens	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	During these trips, he used his Israeli passport	For Applicant	Foreign Passport Possession or Use	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.	—	—
1.c	He was employed as an aerospace engineer with an Israeli aircraft manufacturer from November 1982 until his return to the United States in July 1988	For Applicant	Foreign Military or Government Service	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.d	Between 1990 and 2001, Applicant traveled to Israel two to three times per year on behalf of his current employer	For Applicant	Foreign Voting	Admitted	—	—	—
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—
1.f	From 1966-1969, Applicant served in the Israeli Defense Forces	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.g	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

Applicant became an Israeli citizen when his parents moved to Israel and became citizens

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

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

—

1.b

During these trips, he used his Israeli passport

For Applicant

Foreign Passport Possession or Use

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.

—

1.c

He was employed as an aerospace engineer with an Israeli aircraft manufacturer from November 1982 until his return to the United States in July 1988

For Applicant

Foreign Military or Government Service

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.d

Between 1990 and 2001, Applicant traveled to Israel two to three times per year on behalf of his current employer

For Applicant

Foreign Voting

Admitted

—

1.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

1.f

From 1966-1969, Applicant served in the Israeli Defense Forces

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.g

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES