ISCR Case 02-13595.h1

Case Headnote

ISCR Case No. 02-13595.h1

grantedOct 26, 2004· Hon. Philip S. Howe· hearing

Summary

A 46-year-old naturalized U.S. citizen and engineer for a defense contractor was granted a security clearance despite concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The Statement of Reasons cited his mother, brother, and two sisters, along with their husbands, as citizens of Iran. Additionally, the applicant was alleged to have exercised dual citizenship, possessed and/or used a foreign passport, and failed to disclose his Iranian citizenship on his 2000 and 1985 security clearance applications. He also did not disclose an expired U.S. passport or obtaining an Iranian passport in 1995.

Disqualifying conditions were raised under E2.A2.1.2.1, E2.A3.1.2.1, and E2.A3.1.2.2. However, the judge applied mitigating conditions E2.A2.1.3.1, E2.A3.1.3.4, E2.A5.1.3.3, and E2.A5.1.3.5.

The clearance was granted because the applicant had resided in the U.S. for 26 years and held substantial U.S. financial assets. His family members in Iran were not agents of the Iranian government and were not in a position to exploit him. The applicant also demonstrated a willingness to renounce his Iranian citizenship and stated he had no plans for future travel to Iran. The judge found that the applicant mitigated concerns through his long-term U.S. residence, lack of security violations, and credible testimony regarding his citizenship status.

Why the Applicant Prevailed

The applicant has lived in the U.S. for 26 years and has substantial financial assets in the U.S.
The applicant's family members in Iran are not agents of the Iranian government and are not in a position to exploit him.
The applicant demonstrated a willingness to renounce his Iranian citizenship and has no plans to travel to Iran again.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
E2.A3.1.2.1raisedForeign Preference - Exercise of Dual Citizenship.
E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
E2.A3.1.3.4appliedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual Citizenship.
E2.A5.1.3.3notedPersonal Conduct - Individual Made Prompt, Good-faith Efforts to Correct the Falsification.
E2.A5.1.3.5notedPersonal Conduct - Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedSep 10, 2003
Answer filedOct 8, 2003
Hearing heldMay 4, 2004
Decision dateOct 26, 2004

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties
Willingness to Renounce Foreign Citizenship as a Mitigating Factor
Credibility of Applicant's Testimony Regarding Dual Citizenship and Passport Issues

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
1.a	Your mother is a citizen of Iran.	For Applicant	Parent in Foreign Country Immediate Family	Iran	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	Credited Deep U.S. Ties
1.b	Your brother is a citizen of Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	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	Credited Deep U.S. Ties
1.c	Your two sisters and their husbands are citizens of Iran.	For Applicant	Extended Family in Foreign Country Extended Family	Iran	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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Your mother is a citizen of Iran.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

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

Credited

Deep U.S. Ties

1.b

Your brother is a citizen of Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

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

Credited

Deep U.S. Ties

1.c

Your two sisters and their husbands are citizens of Iran.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The exercise of dual citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
2.a	Possession and/or use of a foreign 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.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The exercise of dual citizenship.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

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

Claimed

Other

2.a

Possession and/or use of a foreign 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.

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

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant did not disclose his Iranian citizenship on his 2000 security clearance application (SCA) in response to Question 3. He also did not answer a similar question on his 1985 SCA. Applicant also did not disclose that he had a U.S. passport that expired in 1997 in response to Question 3. In Question 15 Applicant did not disclose he obtained an Iranian passport in 1995.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Credited Explanation of Omission Credible
3.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant did not disclose his Iranian citizenship on his 2000 security clearance application (SCA) in response to Question 3. He also did not answer a similar question on his 1985 SCA. Applicant also did not disclose that he had a U.S. passport that expired in 1997 in response to Question 3. In Question 15 Applicant did not disclose he obtained an Iranian passport in 1995.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

Credited

Explanation of Omission Credible

3.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES