ISCR Case 02-30301.h1

Case Headnote

ISCR Case No. 02-30301.h1

grantedApr 13, 2004· Hon. Darlene Lokey Anderson· hearing

Summary

A 41-year-old U.S. citizen, who also held Israeli dual citizenship, was granted a security clearance after living and working in Israel for ten years. The case primarily involved concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference).

Disqualifying conditions included the applicant's dual citizenship, possession of a foreign passport, and voting in foreign elections. Additionally, the applicant and his wife owned a house in Israel valued at approximately $925,000, which was transferred to his wife and placed on the market for sale. He also maintained an Israeli bank account with about $20,000, which he subsequently closed, transferring the funds to a U.S. bank. His wife, a U.S. permanent resident, plans to apply for U.S. citizenship. The applicant's remaining family in Israel includes a father-in-law, sister-in-law, and brother-in-law, with whom he has little contact.

The judge found that the applicant's actions mitigated these concerns. He renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating a preference for the United States. His financial interests in Israel were largely liquidated and returned to the U.S., with the house being his only remaining asset, which is currently for sale. Furthermore, his minimal contact with family members in Israel reduced potential foreign influence risks. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating a preference for the United States.
The applicant's financial interests in Israel were largely liquidated and returned to the U.S., minimizing foreign influence risks.
The applicant had minimal contact with his remaining family in Israel, reducing potential foreign influence.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
C3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
C8raisedVoting in Foreign Elections
B1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
B8raisedA Substantial Financial Interest in a Foreign Country

Mitigating

C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedImmediate Family Members Are Not Agents of a Foreign Power
B3appliedContact with Foreign Citizens Is Casual and Infrequent
B5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural Posture

SOR issuedAug 26, 2003
Answer filedSep 17, 2003
Hearing heldFeb 17, 2004Applicant testified and presented 23 exhibits.
Decision dateApr 13, 2004

Cite For

Mitigation of Foreign Preference Through Renunciation of Citizenship
Rebuttable Presumption of Foreign Influence Due to Family Ties
Evaluation of Foreign Financial Interests in Security Clearance Determinations

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	The Applicant's wife, with whom he now resides in the United States, is a permanent resident in the United States. She was issued her green card in November 2001. She plans to apply for her United States citizenship when eligible.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	—
2.b	The Applicant and his wife own a house in Israel worth about $92,5000.00 in United States dollars. He recently transferred ownership of the house to his wife and placed the house on the market to be sold. The house has not yet been sold.	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	—
2.c	The Applicant had a bank account in Israel in which he maintained approximately $20,000.00 in United States dollars. He has recently closed this account and transferred the funds to a bank in the United States.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	—
2.d	The Applicant indicates that the only family members he has that still remain in Israel is a father-in law, and a sister and brother-in-law. They are citizens of Israel. The Applicant has little or no contact these family members. None of these individuals are agents of, associated with or employed with the Israeli Government.	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	—
2.e	The Applicant's financial interests in Israel, for the most part, have been liquidated and permanently returned to the United States. His only remaining asset in Israel is a house that is currently on the market to be sold.	For Applicant	Unspecified Foreign Relationship Other	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's wife, with whom he now resides in the United States, is a permanent resident in the United States. She was issued her green card in November 2001. She plans to apply for her United States citizenship when eligible.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

Denied

—

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

—

2.b

The Applicant and his wife own a house in Israel worth about $92,5000.00 in United States dollars. He recently transferred ownership of the house to his wife and placed the house on the market to be sold. The house has not yet been sold.

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

—

2.c

The Applicant had a bank account in Israel in which he maintained approximately $20,000.00 in United States dollars. He has recently closed this account and transferred the funds to a bank in the United States.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Israel

Denied

—

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

—

2.d

The Applicant indicates that the only family members he has that still remain in Israel is a father-in law, and a sister and brother-in-law. They are citizens of Israel. The Applicant has little or no contact these family members. None of these individuals are agents of, associated with or employed with the Israeli Government.

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

—

2.e

The Applicant's financial interests in Israel, for the most part, have been liquidated and permanently returned to the United States. His only remaining asset in Israel is a house that is currently on the market to be sold.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Denied

—

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

—

¶	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	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.c	Military Service or a willingness to bear arms for a foreign country.	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	Claimed Other
1.d	Voting in foreign elections.	For Applicant	Foreign Voting	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

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

—

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

Claimed

Other

1.b

Possession and/or use of a foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

Claimed

Other

1.c

Military Service or a willingness to bear arms for a foreign country.

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

Claimed

Other

1.d

Voting in foreign elections.

For Applicant

Foreign Voting

Admitted

—

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

Claimed

Other

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES