Summary
A 37-year-old U.S. citizen's application for a security clearance was denied due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant acquired Spanish citizenship and a Spanish passport in 1997 to maintain employment with a Department of Defense contractor in Italy, where she is currently employed by NATO.
The Statement of Reasons cited her dual citizenship and foreign passport, along with the foreign citizenship of several immediate family members. Specifically, her mother and grandmother are Spanish citizens residing in Italy, and her boyfriend and other close associates are Italian citizens also residing in Italy. Her brother, a U.S. citizen, also resides in Italy. The Spanish citizenship allowed her to continue working for NATO without needing to renew a Soggiorno Permit.
The denial was based on the applicant's retention of her Spanish passport, which raised foreign preference concerns despite her expressed willingness to renounce it. Additionally, the foreign citizenship of her cohabitant boyfriend and the residency of her brother in Italy created foreign influence concerns. Ultimately, her dual citizenship and possession of a foreign passport were determined to present competing loyalties.
Why the Applicant Was Denied
- The applicant retained a Spanish passport despite expressing a willingness to renounce it, raising foreign preference concerns.
- The applicant's cohabitant boyfriend and brother reside in Italy, creating foreign influence concerns due to their citizenship status.
- The applicant's dual citizenship and foreign passport were deemed to present competing loyalties.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Person Who Is a Citizen of a Foreign Country
- E2.A3.1.3.1rejectedDual Citizenship Is Based on Parents' Citizenship or Birth in a Foreign Country
- E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1rejectedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“"A decision to deny or revoke a security clearance based solely on one's status as a dual citizen would raise constitutional issues."”
Procedural Posture
- SOR issuedJul 30, 2002
- Answer filedAug 26, 2002
- Hearing held—Determined on the written record.
- Decision dateFeb 25, 2003
Cite For
- Foreign Preference Concerns Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Impact of Foreign Passport Possession on Security Clearance Eligibility