Summary
A 67-year-old dual U.S. and French citizen was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his exercise of dual citizenship and possession/use of a foreign passport as disqualifying conditions.
However, the applicant successfully mitigated these concerns. He voluntarily relinquished his French passport upon learning of the security issues, demonstrating a commitment to U.S. allegiance. Furthermore, he has maintained a security clearance since 1984 without incident, establishing a long history of responsible conduct.
The decision also noted that his relatives in France do not have ties to the French government, which reduced potential foreign influence concerns. Based on these mitigating factors, the judge granted the security clearance.
Why the applicant prevailed
- The applicant voluntarily relinquished his French passport after learning of security concerns.
- He has had a security clearance since 1984 without incident, demonstrating a history of responsible conduct.
- His relatives in France do not have ties to the government, reducing potential foreign influence.
Conditions referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
- E2.A3.1.3.3appliedThe Individual Has Taken Affirmative Steps to Renounce the Foreign Citizenship
- E2.A3.1.3.4appliedThe Individual Has Not Engaged in Any Activities That Would Indicate a Preference for a Foreign Country
- E2.A3.1.3.5appliedThe Individual Has Established a Long History of Responsible Conduct
- E2.A3.1.3.6appliedThe Individual Has No Financial Interests or Property in the Foreign Country
- E2.A3.1.3.7appliedThe Individual Has Limited Contact with Foreign Relatives
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue access to classified information.”
Procedural posture
- SOR issuedSep 12, 2003
- Answer filedSep 30, 2003
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateSep 24, 2004
Cite for
- Mitigation of Foreign Preference Concerns Through Voluntary Actions
- Consideration of Family Ties in Foreign Influence Determinations
- Affirmative Steps Taken to Comply with Security Guidelines as a Mitigating Factor