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ISCR Case 02-29673.h1 — CASE

ISCR Case 02-29673.h1granted

Case Headnote

ISCR Case No. 02-29673.h1

grantedAug 24, 2004· Hon. Joseph Testan· hearing

Summary

A 43-year-old U.S. citizen and engineer, originally from Lebanon, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's mother and brother residing in Lebanon, with the brother being a Lebanese citizen. Additionally, the applicant's dual citizenship and possession of a Lebanese passport raised concerns.

However, the judge found that the applicant's family members in Lebanon, including his mother and brother, were not connected to the Lebanese government or military and were not agents of a foreign power capable of coercion. The applicant's brother's wife and two children are U.S. citizens.

Crucially, the applicant demonstrated a clear preference for the United States, with no plans to return to Lebanon. He formally renounced his Lebanese citizenship and surrendered his Lebanese passport. These mitigating factors led to the determination that the applicant's foreign ties and past dual citizenship did not pose an undue security risk, and his security clearance was granted.

Why the Applicant Prevailed

The applicant's family members in Lebanon are not agents of a foreign power and cannot exert coercion.
The applicant has shown a clear preference for the United States and has no plans to return to Lebanon.
The applicant formally renounced his Lebanese citizenship and surrendered his Lebanese passport.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedImmediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited.
E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Birth in a Foreign Country.
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“It is clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedOct 21, 2003
Answer filedNov 26, 2003
Hearing heldAug 4, 2004
Decision dateAug 24, 2004

Cite For

Family Ties in Lebanon Not a Security Concern Under Guideline B
Mitigating Factors for Dual Citizenship Under Guideline C
Applicant's Clear Preference for U.S. Citizenship and Renunciation of Foreign Citizenship.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's immediate family members, including his mother and brother, are residents of Lebanon but determined that they do not pose a security risk. The applicant's loyalty to the United States was emphasized, and he was found to be reliable and trustworthy. Consequently, all allegations under Guideline B were resolved in favor of the applicant, leading to the granting of his security clearance.

U.S. ties the decision noted: Naturalized U.S. Citizen · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's mother is a resident of Lebanon.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon	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 Severed Foreign Contact
1.b	Applicant's brother is a citizen and resident of Lebanon.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	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 Severed Foreign Contact
1.c	Applicant's brother's wife and two children are United States citizens.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Unknown	—	—	—
1.d	Applicant's mother and brother do not have a connection to the Lebanese government or military.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant had previously held dual citizenship with Lebanon and possessed a Lebanese passport. However, he demonstrated a clear preference for the United States by renouncing his Lebanese citizenship and surrendering his Lebanese passport. The judge found that these actions mitigated the security concerns associated with foreign preference, resulting in a favorable decision for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
1.b	Possession and/or use of a foreign 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: August 24, 2004

In Re:

----------------

SSN: -----------

Applicant for Security Clearance

ISCR Case No. 02-29673

DECISION OF ADMINISTRATIVE JUDGE

JOSEPH TESTAN

SYNOPSIS

The fact that applicant's mother and brother are residents of Lebanon does not leave him vulnerable to coercion or pressure. In addition, applicant's conduct since arriving in the United States in 1981 indicates a clear preference for the United States. Clearance is granted.

STATEMENT OF CASE

On October 21, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, (as administratively reissued on April 20, 1999), issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked.

Applicant responded to the SOR in writing on November 26, 2003. The case was assigned to the undersigned on June 29, 2004. A Notice of Hearing was issued on July 8, 2004, and the hearing was held on August 4, 2004. The transcript was received on August 23, 2004.

FINDINGS OF FACT

Applicant is a 43 year old Engineer.

Applicant was born and raised in Lebanon. In 1981, he left Lebanon and moved to the United States to continue his education. He has lived here since then. In 1997, he became a United States citizen. By letter dated April 2004, the local Lebanese Consulate confirmed that applicant had submitted a request to relinquish his Lebanese citizenship, and had surrendered his Lebanese passport. Applicant's mother is a United States citizen who lives in Lebanon. Applicant's brother is a citizen and resident of Lebanon. Applicant's brother's wife and two children are United States citizens. The brother and his family live with applicant's mother in Lebanon. None of these family members has a connection to the Lebanese government or military. Applicant calls his mother two to three times a month. If the brother happens to answer the phone, applicant speaks to him. Applicant has visited these family members in Lebanon in 1996, 1999, 2000, 2001, and 2003.

Applicant's sister is a citizen and resident of the United States. Applicant has a cousin who is a naturalized United States citizen currently living in Lebanon. These individuals do not raise a security concern.

Applicant considers himself to be "blessed" to be an American citizen (TR at 24). He has no plans to return to Lebanon. The United States is his permanent home. His entire allegiance is with the United States (TR at 24).

Letters from four of applicant's coworkers, including his immediate supervisor, were admitted into evidence (Exhibits A, B, C and D). All four colleagues speak highly of applicant's reliable and trustworthy, and three of them expressly state that if he were approached by a foreign government to do something improper, they are confident he would notify his employer's security department.

CONCLUSION

With respect to Guideline B, the evidence establishes that applicant's mother is a resident of Lebanon and that his brother is a citizen and resident of Lebanon. These facts require application of Disqualifying Condition E2.A2.1.2.1 (an immediate family member . . . is a citizen of, or resident or present in, a foreign country).

Based on the evidence presented, I conclude that these immediate family members are not agents of Lebanon, or in a position to be exploited by Lebanon in a way that could force applicant to choose between loyalty to these immediate family members and loyalty to the United States. I further conclude that applicant is a reliable and trustworthy individual who is loyal to the United States, and that in the unlikely event pressure was exerted upon him to compromise classified information, he would resist it, and would report the incident to the proper authorities. Based on the foregoing, Mitigating Condition E2.A2.1.3.1 (a determination that the immediate family member(s) . . . in question are not agents of a foreign power or in a position to be exploited by a foreign power in a way that could force the individual to choose between loyalty to the person(s) involved and the United States) is applicable, and Guideline B is found for applicant.

With respect to Guideline C, the evidence establishes that until recently, applicant (1) was a citizen of both Lebanon and the United States, and (2) possessed a Lebanese passport. These facts require applicant of Disqualifying Conditions E2. A3.1.2.1 (the exercise of dual citizenship), and E2.A3.1.2.2 (possession and/or use of a foreign passport).

Turning to the issue of mitigation, since moving to the United States in 1981, applicant's conduct has indicated a clear preference for the United States. When he became aware that dual citizenship is considered a significant security concern, and that the possession of a foreign passport is an automatic bar to holding a security clearance, he initiated the process of formally renouncing his Lebanese citizenship, and surrendered his Lebanese passport to the Lebanese authorities. Applicant qualifies for Mitigating Conditions E2.A3.1.3.1 (dual citizenship is based solely on birth in a foreign country), and E2.A3.1.3.4 (individual has expressed a willingness to renounce dual citizenship). Given these Mitigating Conditions, and the fact applicant satisfied the security concern raised by his possession of the Lebanese passport by surrendering it to Lebanese authorities, Guideline C is found for applicant.

FORMAL FINDINGS

GUIDELINE B: FOR THE APPLICANT

All subparagraphs found for applicant.

GUIDELINE C: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant.

____________________________

Joseph Testan

Administrative Judge

FOOTNOTES

02-29673.h1 FOR GOVERNMENT Jennifer I. Campbell, Department Counsel FOR APPLICANT Thomas M. Abbott Esq. file:///usr.osd.mil/...omputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/02-29673.h1.html[6/24/2021 11:15:20 AM] 02-29673.h1