ISCR Case 02-18354.h1

Case Headnote

ISCR Case No. 02-18354.h1

deniedFeb 18, 2003· Hon. Wilford H. Ross· hearing

Summary

A 43-year-old naturalized U.S. citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant has extensive family and financial ties to the United Kingdom, where his father, stepmother, and two siblings reside as British citizens. His minor children also hold dual citizenship with Britain and the United States.

Although the applicant surrendered his British passport on November 12, 2002, he did not express a willingness to renounce his British citizenship. This retention of dual citizenship, coupled with substantial financial interests and close family ties in the United Kingdom, raised concerns about potential foreign influence and a preference for another country over the United States.

The applicant's prior service in the Royal Navy Volunteer Reserve occurred before he came to the United States. Despite some partial mitigation, the applicant's ambivalence about renouncing his British citizenship and his significant foreign connections ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The Applicant retained his British citizenship and expressed ambivalence about renouncing it.
He has substantial financial interests in the United Kingdom, which could make him vulnerable to foreign influence.
The Applicant has close family ties in the United Kingdom, which raises security concerns.

Conditions Referenced

Disqualifying

B.1raisedForeign Influence - 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.
C.1raisedForeign Preference - the Exercise of Dual Citizenship.
C.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.
C.6raisedForeign Preference - Using Foreign Citizenship to Protect Financial or Business Interests in Another Country.

Mitigating

C.4rejectedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual Citizenship.The Applicant's testimony was ambivalent, and he did not demonstrate a credible intent to renounce his British citizenship.

Key Rule Quoted

“The eligibility guidelines established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”

Procedural Posture

SOR issuedAug 22, 2002
Answer filedAug 30, 2002
Hearing heldNov 15, 2002
Decision dateFeb 18, 2003

Cite For

Denial of Security Clearance Due to Dual Citizenship Under Guideline C
Foreign Influence Concerns Due to Family Ties Under Guideline B
Ambivalence About Renouncing Foreign Citizenship as a Disqualifying Factor

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	The Applicant's father, stepmother and his two siblings live in the United Kingdom and are British citizens. According to the Applicant, none of his relatives have worked for the British government in any capacity.	Against Applicant	Parent in Foreign Country Immediate Family	United Kingdom	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	—	—
2.b	The Applicant's minor children are dual citizens of Britain and the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	United Kingdom	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's father, stepmother and his two siblings live in the United Kingdom and are British citizens. According to the Applicant, none of his relatives have worked for the British government in any capacity.

Against Applicant

Parent in Foreign Country

Immediate Family

United Kingdom

Denied

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

(h) foreign nationals acting to increase the individual’s vulnerability

—

2.b

The Applicant's minor children are dual citizens of Britain and the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

United Kingdom

Denied

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

(h) foreign nationals acting to increase the individual’s vulnerability

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant has acted in such a way as to indicate a preference for another country over the United States.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country (c) failure to use a U.S. passport when entering or exiting the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.b	The Applicant surrendered his then active British passport to the Consular Section of the British Embassy on November 12, 2002.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.c	The Applicant has extensive family and financial ties to the United Kingdom.	Against Applicant	Unspecified Foreign Preference	Denied	(a) applying for and/or acquiring citizenship in any other country (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. (c) failure to use a U.S. passport when entering or exiting the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.d	The Applicant's service in the Royal Navy Volunteer Reserve occurred before the Applicant came to the United States.	For Applicant	Foreign Military or Government Service	Admitted	—	—	—
1.e	The Applicant has not expressed a willingness to renounce dual citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country (c) failure to use a U.S. passport when entering or exiting the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
2.a	The Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States.	Against Applicant	Unspecified Foreign Preference	Denied	(a) applying for and/or acquiring citizenship in any other country (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. (c) failure to use a U.S. passport when entering or exiting the U.S. (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
2.b	The Applicant has not mitigated any of the allegations, except in part.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant has acted in such a way as to indicate a preference for another country over the United States.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

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

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.b

The Applicant surrendered his then active British passport to the Consular Section of the British Embassy on November 12, 2002.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.c

The Applicant has extensive family and financial ties to the United Kingdom.

Against Applicant

Unspecified Foreign Preference

Denied

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

(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.

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

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.d

The Applicant's service in the Royal Navy Volunteer Reserve occurred before the Applicant came to the United States.

For Applicant

Foreign Military or Government Service

Admitted

—

1.e

The Applicant has not expressed a willingness to renounce dual citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

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

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

2.a

The Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States.

Against Applicant

Unspecified Foreign Preference

Denied

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

(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.

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

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

2.b

The Applicant has not mitigated any of the allegations, except in part.

For Applicant

Unspecified Foreign Preference

Admitted

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES