ISCR Case 02-28320.h1

Case Headnote

ISCR Case No. 02-28320.h1

grantedMar 10, 2005· Hon. Elizabeth M. Matchinski· hearing

Summary

A security clearance was granted to an applicant who was a dual citizen of Israel and the U.S., despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted several issues, including the applicant's brother being a dual U.S. and Israeli citizen residing in Israel with his Israeli spouse and serving in the Israeli military reserves. Additionally, the applicant had numerous cousins and extended family in Israel, maintained regular contact with an Israeli Air Force captain, and stood to inherit a one-third share of an Israeli apartment valued between $200,000 and $250,000. The applicant had also traveled to Israel multiple times between 1994 and 2000.

Foreign preference concerns arose from the applicant's active use of an Israeli passport for travel and his service in the Israeli Defense Forces, which is required for non-exempt young Israeli citizens. However, these concerns were mitigated as the applicant renounced his Israeli citizenship and surrendered his Israeli passport to Israeli authorities. He expressed a willingness to do so to retain his employment with a U.S. defense contractor.

The clearance was granted because the applicant demonstrated significant ties to the U.S. through education, employment, and family. His renunciation of Israeli citizenship and surrender of his passport addressed foreign preference issues, and his brother's situation was not deemed to pose a risk of exploitation.

Why the Applicant Prevailed

Applicant demonstrated significant ties to the U.S. through education, employment, and family.
He renounced his Israeli citizenship and surrendered his Israeli passport to mitigate foreign preference concerns.
His brother's dual citizenship and residency in Israel did not pose a risk of exploitation.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.2appliedSignificant Ties to the U.S.
E2.A3.1.3.3appliedRenunciation of Foreign Citizenship

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 18, 2003
Answer filedJan 29, 2004Applicant filed pro se.
Hearing heldJul 12, 2004Hearing conducted.
Decision dateMar 10, 2005

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Significant Ties to the U.S. as a Mitigating Factor Under Guideline B
Foreign Influence Concerns Mitigated by Lack of Potential Exploitation From Family Members

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 brother is a dual citizen of the U.S. and Israel, living in Israel with his Israeli citizen spouse, and serving in the Israeli military reserves.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	Applicant has several cousins and extended family members residing in Israel.	For Applicant	Extended Family in Foreign Country Extended Family	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.c	Applicant maintains twice monthly contact with an Israeli Air Force captain assigned to his worksite.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.d	Applicant stands to inherit a one-third share of an apartment in Israel valued at $200,000 to $250,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.e	Applicant traveled to Israel to visit family members in 1994, 1998, 1999, and 2000.	For Applicant	Unspecified Foreign Relationship Other	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's brother is a dual citizen of the U.S. and Israel, living in Israel with his Israeli citizen spouse, and serving in the Israeli military reserves.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

—

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

Credited

Deep U.S. Ties

2.b

Applicant has several cousins and extended family members residing in Israel.

For Applicant

Extended Family in Foreign Country

Extended Family

Israel

Denied

—

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

Credited

Deep U.S. Ties

2.c

Applicant maintains twice monthly contact with an Israeli Air Force captain assigned to his worksite.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Israel

Denied

—

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

Credited

Deep U.S. Ties

2.d

Applicant stands to inherit a one-third share of an apartment in Israel valued at $200,000 to $250,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Israel

Denied

—

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

Credited

Deep U.S. Ties

2.e

Applicant traveled to Israel to visit family members in 1994, 1998, 1999, and 2000.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Denied

—

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant actively exercised his foreign citizenship by acquiring and using an Israeli passport so that he could travel to Israel.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.b	Applicant served in the Israeli Defense Forces as required of all non-exempt young Israeli citizens.	For Applicant	Foreign Military or Government Service	Admitted	—	—	—
1.c	Applicant surrendered the passport to Israeli authorities with expressed renunciation of his Israeli citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
1.d	The foreign preference concerns created by his military service for Israel and his possession and use of a foreign passport are mitigated by his significant ties to the U.S.	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—
1.e	Applicant expressed a willingness to relinquish his foreign passport to the proper Israeli authority and to renounce his foreign citizenship as he wanted to retain his job with the U.S. defense contractor.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant actively exercised his foreign citizenship by acquiring and using an Israeli passport so that he could travel to Israel.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.b

Applicant served in the Israeli Defense Forces as required of all non-exempt young Israeli citizens.

For Applicant

Foreign Military or Government Service

Admitted

—

1.c

Applicant surrendered the passport to Israeli authorities with expressed renunciation of his Israeli citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

1.d

The foreign preference concerns created by his military service for Israel and his possession and use of a foreign passport are mitigated by his significant ties to the U.S.

For Applicant

Unspecified Foreign Preference

Unknown

—

1.e

Applicant expressed a willingness to relinquish his foreign passport to the proper Israeli authority and to renounce his foreign citizenship as he wanted to retain his job with the U.S. defense contractor.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES