Summary
A 56-year-old federal contractor employee, a dual citizen of France and the United States since 1981, was denied a security clearance. The denial was based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), specifically regarding her exercise of dual citizenship and her possession and use of a foreign passport.
While some mitigating conditions were applied under Guideline B, the applicant failed to mitigate concerns under Guideline C. The Statement of Reasons highlighted her continued maintenance of dual citizenship and her use of a French passport for travel, rather than her U.S. passport, which was interpreted as a preference for France.
Furthermore, the applicant expressed a willingness to renounce her French citizenship only for a "good reason," indicating a reluctance to fully sever ties. Consequently, due to her unmitigated foreign preference, the security clearance was denied.
Why the Applicant Was Denied
- Applicant maintained dual citizenship and a French passport after becoming a U.S. citizen.
- She used her French passport for travel instead of her U.S. passport, indicating a preference for France.
- Applicant expressed a willingness to renounce her French citizenship only for a 'good reason', showing reluctance to fully sever ties.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn 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
- E2.A2.1.2.8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or Operated Business That Could Make the Individual Vulnerable to Foreign Influence
- E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryApplicant actively maintained her French citizenship after becoming a U.S. citizen.
- E2.A3.1.3.2rejectedIndicators of Possible Foreign Preference (e.g. Foreign Military Service) Occurred Before Obtaining United States CitizenshipApplicant's actions post-naturalization indicated a preference for her French citizenship.
- E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipApplicant's willingness to renounce was conditional and not definitive.
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign PowerApplicant's relationship with her daughters and cousin was not deemed exploitable.
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security ResponsibilitiesApplicant's financial interests in France were minimal.
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedApr 16, 2004
- Answer filedMay 6, 2004Applicant admitted all allegations.
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateApr 21, 2006
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Consideration of Foreign Influence in Security Clearance Decisions