Summary
A 74-year-old dual citizen of the United States and Ireland was denied a security clearance under Guideline C (Foreign Preference). The applicant retained an Irish passport for personal convenience and stated no intention of surrendering it.
The Statement of Reasons cited the applicant's exercise of dual citizenship and the possession and/or use of a foreign passport. Disqualifying Conditions 1 and 2 were raised, while Mitigating Condition 1 was applied.
Ultimately, the clearance was denied because the applicant retained a foreign passport without intent to surrender it, which violated Department of Defense policy. The applicant's stated reasons for retaining the foreign passport were deemed insufficient to mitigate the security concerns related to foreign preference.
Why the Applicant Was Denied
- The applicant retained a foreign passport without intent to surrender it, violating DoD policy.
- The applicant's reasons for retaining the foreign passport were deemed insufficient to mitigate the concerns of foreign preference.
Conditions Referenced
- DC 1raisedThe Exercise of Dual Citizenship.
- DC 2raisedPossession And/or Use of a Foreign Passport.
- MC 1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.The applicant's retention of the foreign passport for personal convenience did not mitigate the concerns.
Key Rule Quoted
“Possession and/or use of a foreign passport is not mitigated by reasons of personal convenience, safety, requirements of foreign law, or the identity of the foreign country.”
Procedural Posture
- SOR issuedJan 17, 2003
- Answer filedFeb 6, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateJun 25, 2003
Cite For
- Denial of Security Clearance Due to Foreign Passport Possession Under Guideline C
- Insufficient Mitigating Factors for Dual Citizenship
- Application of the Dod "money Memorandum" Regarding Foreign Preference