ISCR Case 02-24074.h1

Case Headnote

ISCR Case No. 02-24074.h1

grantedJan 29, 2004· Hon. Paul J. Mason· hearing

Summary

A 50-year-old naturalized U.S. citizen, originally from Israel and working as a software developer, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited his dual U.S. and Israeli citizenship, possession and use of an Israeli passport, and prior service in the Israeli military. Additionally, it noted that his mother and nine siblings reside in Israel, with one 47-year-old brother employed as an office worker by the Israeli government. The applicant maintained monthly contact with his mother and frequent contact with his siblings.

Disqualifying conditions were raised, but mitigating conditions were applied. The applicant demonstrated a clear preference for the U.S. by renouncing his Israeli citizenship and surrendering his Israeli passport. His credible testimony, supported by his supervisors, further affirmed his commitment to the United States.

The judge determined that the applicant's family members, including his brother working for the Israeli government, were not in positions to exert undue foreign influence. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating a preference for the U.S.
The applicant's family members were not found to be agents of a foreign power or in a position to exert undue influence.
Credible testimony from the applicant and his supervisors supported his commitment to the U.S.

Conditions Referenced

Disqualifying

DC 1raisedThe Exercise of Dual Citizenship
DC 2raisedPossession And/or Use of a Foreign Passport
DC 3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
MC 2appliedIndicators or Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
MC 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
MC 1appliedA Determination That the Family Member(s) Are Not Agents of a Foreign Power.

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 27, 2003
Answer filedJul 21, 2003
Hearing heldOct 30, 2003
Decision dateJan 29, 2004

Cite For

Demonstrating a Preference for the U.S. Through Renunciation of Foreign Citizenship
Evaluation of Family Members' Potential Influence Under Foreign Influence Guidelines
Mitigation of Foreign Preference Concerns Through Credible Actions and Testimony

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	Applicant's mother, father and nine siblings are currently resident citizens of Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.b	Applicant's father, a retired veterinarian, passed away on October 26, 2003 at the age of 69.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.c	Applicant's 47-year-old brother is a resident citizen of and employed as an office worker by the Israeli government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.d	Applicant's 46-year-old brother is a truck driver and hauls trash.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.e	Applicant's 45-year-old brother is a truck driver also.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.f	Applicant's 37-year-old brother is a rental car agent.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities
2.g	Applicant maintains monthly contact with his mother while talking to his siblings on a frequent basis.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Contact Disclosed to Authorities

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother, father and nine siblings are currently resident citizens of Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.b

Applicant's father, a retired veterinarian, passed away on October 26, 2003 at the age of 69.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.c

Applicant's 47-year-old brother is a resident citizen of and employed as an office worker by the Israeli government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.d

Applicant's 46-year-old brother is a truck driver and hauls trash.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.e

Applicant's 45-year-old brother is a truck driver also.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.f

Applicant's 37-year-old brother is a rental car agent.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

2.g

Applicant maintains monthly contact with his mother while talking to his siblings on a frequent basis.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Denied

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

(c) failure to report or disclose association with a foreign person/group/government

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Contact Disclosed to Authorities

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant has dual citizenship with Israel and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	The applicant possesses and has used an Israeli 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.	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.c	The applicant served in the Israeli military.	For Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.d	The applicant has expressed a willingness to renounce his Israeli citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.e	The applicant has traveled to Israel using his Israeli 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.	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant has dual citizenship with Israel and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

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

—

1.b

The applicant possesses and has used an Israeli 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.

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

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

—

1.c

The applicant served in the Israeli military.

For Applicant

Foreign Military or Government Service

Admitted

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.d

The applicant has expressed a willingness to renounce his Israeli citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

—

1.e

The applicant has traveled to Israel using his Israeli 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.

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

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

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES