ISCR Case 02-19383.h1

Case Headnote

ISCR Case No. 02-19383.h1

deniedJan 13, 2004· Hon. Paul J. Mason· hearing

Summary

A 45-year-old senior microwave engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's family, including his parents, two sisters, and brother, reside in Poland. His parents are 67 and 69, his sisters have worked for banks for five or six years, and his 42-year-old brother works for a Polish construction material company. His wife, born in Poland in December 1957, became a naturalized U.S. citizen in September 1990, and her 78-year-old mother, a retired tailor, also resides there.

While the applicant acquired 2.5 acres of Polish farmland from his parents in May 1996, this was not deemed to have adverse security significance. Furthermore, there was insufficient evidence to conclude that any family members were in a position to be exploited by a foreign power in a way that could compromise the applicant.

However, the applicant's dual Polish and U.S. citizenship, his failure to renounce his Polish citizenship, and his possession and use of a Polish passport raised significant concerns. Specifically, renewing his Polish passport to acquire the farmland indicated a preference for Poland over the U.S. The applicant also failed to provide sufficient evidence that he had surrendered his Polish passport, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant's dual citizenship and failure to renounce Polish citizenship raised security concerns under Guideline C.
Applicant's renewal of his Polish passport to acquire farmland indicated a preference for Poland over the U.S.
Insufficient evidence was provided to prove the surrender of his Polish passport.

Conditions Referenced

Disqualifying

DC 1raisedThe Exercise of Dual Citizenship
DC 2raisedPossession and Use of a Foreign Passport
DC 3raisedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
MC 4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipApplicant's unwillingness to renounce his Polish citizenship did not mitigate the concerns.

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedJun 3, 2003
Answer filedJun 27, 2003Applicant requested a hearing.
Hearing heldOct 15, 2003
Decision dateJan 13, 2004

Cite For

Denial of Security Clearance Due to Dual Citizenship Under Guideline C
Foreign Influence Concerns Mitigated by Lack of Foreign Government Ties Under Guideline B
Importance of Evidence in Proving Renunciation of Foreign Citizenship for Security Clearance

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	Applicant's mother is 67 years old, and his father is 69 years old. They are resident citizens of Poland.	For Applicant	Parent in Foreign Country Immediate Family	Poland	Admitted	—	—	—
1.b	Applicant's two sisters have been working for banks the last five or six years.	For Applicant	Sibling in Foreign Country Immediate Family	Poland	Admitted	—	—	—
1.c	Applicant's 42-year-old brother works for a Polish company that manufactures material for the construction industry.	For Applicant	Sibling in Foreign Country Immediate Family	Poland	Admitted	—	—	—
1.d	Applicant's wife was born in Poland in December 1957, and became a naturalized U.S. citizen in September 1990.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Poland	Admitted	—	—	—
1.e	Applicant's mother-in-law is 78 years old; she was employed as a tailor before she retired.	For Applicant	In Law in Foreign Country Immediate Family	Poland	Admitted	—	—	—
1.f	Applicant acquired 2.5 acres of land in May 1996 from his parents.	For Applicant	Foreign Real Estate Financial or Property Interest	Poland	Admitted	—	—	—
1.g	Applicant's acquisition of the deed for 2.5 acres of Polish farmland from his parents does not have adverse security significance under the foreign influence guideline.	For Applicant	Foreign Real Estate Financial or Property Interest	Poland	Admitted	—	—	—
1.h	There is insufficient evidence to find any of the members in a position to be exploited by a foreign power in a way that could force Applicant to choose between the family member and the U.S.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is 67 years old, and his father is 69 years old. They are resident citizens of Poland.

For Applicant

Parent in Foreign Country

Immediate Family

Poland

Admitted

—

1.b

Applicant's two sisters have been working for banks the last five or six years.

For Applicant

Sibling in Foreign Country

Immediate Family

Poland

Admitted

—

1.c

Applicant's 42-year-old brother works for a Polish company that manufactures material for the construction industry.

For Applicant

Sibling in Foreign Country

Immediate Family

Poland

Admitted

—

1.d

Applicant's wife was born in Poland in December 1957, and became a naturalized U.S. citizen in September 1990.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Poland

Admitted

—

1.e

Applicant's mother-in-law is 78 years old; she was employed as a tailor before she retired.

For Applicant

In Law in Foreign Country

Immediate Family

Poland

Admitted

—

1.f

Applicant acquired 2.5 acres of land in May 1996 from his parents.

For Applicant

Foreign Real Estate

Financial or Property Interest

Poland

Admitted

—

1.g

Applicant's acquisition of the deed for 2.5 acres of Polish farmland from his parents does not have adverse security significance under the foreign influence guideline.

For Applicant

Foreign Real Estate

Financial or Property Interest

Poland

Admitted

—

1.h

There is insufficient evidence to find any of the members in a position to be exploited by a foreign power in a way that could force Applicant to choose between the family member and the U.S.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The exercise of dual citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.b	Possession and use of a foreign passport.	Against 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.	—	—
2.c	Using foreign citizenship to protect financial or business interests in another country.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The exercise of dual citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

2.b

Possession and use of a foreign passport.

Against 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.

—

2.c

Using foreign citizenship to protect financial or business interests in another country.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

Loading case…

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES