ISCR Case 02-27647.h1

Case Headnote

ISCR Case No. 02-27647.h1

deniedSep 15, 2003· Hon. Roger E. Willmeth· hearing

Summary

A 57-year-old hardware engineer, a naturalized U.S. citizen originally from Israel, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). While issues related to foreign influence from his siblings in Israel were mitigated, the applicant failed to resolve foreign preference concerns.

The denial stemmed primarily from the applicant's continued possession and use of an Israeli passport, which he has held since becoming a U.S. citizen in 1978. He used this passport to enter and exit Israel on five occasions since 1996. Although he applied to renounce his Israeli citizenship, this action was deemed insufficient to mitigate the security concerns given his ongoing use of the passport.

While the applicant's mandatory foreign military service, which occurred before his U.S. naturalization, and his past employment at the Israeli Embassy did not establish disqualifying conditions, his dual citizenship and active use of the Israeli passport were significant factors leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant retained possession of an Israeli passport and used it for travel to Israel, which raised foreign preference concerns.
The applicant's application to renounce his Israeli citizenship was deemed insufficient to mitigate the security concerns due to his continued use of the Israeli passport.
The applicant's foreign military service and employment at the Israeli embassy did not establish disqualifying conditions, but his dual citizenship and passport use were significant factors in the denial.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.3rejectedMilitary Service or a Willingness to Bear Arms for a Foreign CountryThe applicant's military service was mandatory and occurred before he became a U.S. citizen.
E2.A3.1.2.9rejectedPerforming or Attempting to Perform Duties, or Otherwise Acting, so as to Serve the Interests of Another Government in Preference to the Interests of the United StatesThe applicant's employment at the Israeli embassy was brief and did not establish a disqualifying condition.

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign PowerThe applicant's siblings are not in a position to be exploited by a foreign power.
E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's application to renounce citizenship was seen as insufficient due to his continued possession of the Israeli passport.

Key Rule Quoted

“any determination under this order adverse to an applicant shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”
— Executive Order 10865

Procedural Posture

SOR issuedNov 6, 2002
Answer filedNov 19, 2002
Hearing heldFeb 13, 2003
Decision dateSep 15, 2003

Cite For

Denial of Security Clearance Due to Foreign Preference Concerns
Impact of Dual Citizenship on Security Clearance Eligibility
Mitigation of Foreign Influence Concerns When Family Members Are Not Agents of a Foreign Power

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

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An 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.

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

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

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant has attempted to mitigate the Government's case by applying to the Israeli Government to renounce his citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country (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.	—	—
1.b	The record is unequivocal as to the fact Applicant possesses a current Israeli passport.	Against Applicant	Foreign Passport Possession or Use	Denied	(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.	—	—
1.c	Applicant has thereby held a current Israeli passport ever since he became a naturalized citizen of the United States.	Against Applicant	Foreign Passport Possession or Use	Denied	(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.	—	—
1.d	He exercised his Israeli citizenship and used his Israeli passport to enter and exit Israel on five occasions since 1996.	Against Applicant	Foreign Passport Possession or Use	Denied	(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. (a) applying for and/or acquiring citizenship in any other country	—	—
1.e	His service was mandatory under Israeli law. Moreover, it occurred before he immigrated to the United States and became a U.S. citizen.	For Applicant	Foreign Military or Government Service	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.f	Applicant's employment at the Israeli Embassy also raises a security concern but the evidence fails to establish Disqualifying Condition 9.	For Applicant	Foreign Military or Government Service	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has attempted to mitigate the Government's case by applying to the Israeli Government to renounce his citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

(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.

—

1.b

The record is unequivocal as to the fact Applicant possesses a current Israeli passport.

Against Applicant

Foreign Passport Possession or Use

Denied

(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.

—

1.c

Applicant has thereby held a current Israeli passport ever since he became a naturalized citizen of the United States.

Against Applicant

Foreign Passport Possession or Use

Denied

(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.

—

1.d

He exercised his Israeli citizenship and used his Israeli passport to enter and exit Israel on five occasions since 1996.

Against Applicant

Foreign Passport Possession or Use

Denied

(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.

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

—

1.e

His service was mandatory under Israeli law. Moreover, it occurred before he immigrated to the United States and became a U.S. citizen.

For Applicant

Foreign Military or Government Service

Admitted

—

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

—

1.f

Applicant's employment at the Israeli Embassy also raises a security concern but the evidence fails to establish Disqualifying Condition 9.

For Applicant

Foreign Military or Government Service

Admitted

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES