ISCR Case 02-30336.h1

Case Headnote

ISCR Case No. 02-30336.h1

grantedSep 29, 2004· Hon. Robert J. Tuider· hearing

Summary

A 58-year-old naturalized U.S. citizen, originally from Romania, was granted a security clearance despite concerns raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his mother's residency in Israel, contact with foreign nationals, potential foreign financial interests, dual citizenship, use of a foreign passport, failure to report a foreign association, and a foreign job or pension. Specifically, allegations included the exercise of dual citizenship and the possession and/or use of a foreign passport.

The judge found that the applicant successfully mitigated these concerns. Key factors included the applicant's elderly mother being in poor health and not susceptible to exploitation by foreign powers. Furthermore, the applicant renounced his Israeli citizenship and surrendered his Israeli passport before the hearing.

The decision emphasized the applicant's substantial ties to the United States, including family and financial interests, which demonstrated his loyalty to the U.S. Ultimately, the judge concluded that the applicant's foreign ties did not pose an unacceptable risk of foreign influence, and the security clearance was granted.

Why the Applicant Prevailed

The applicant's mother is elderly, in poor health, and not in a position to be exploited by foreign powers.
The applicant renounced his Israeli citizenship and surrendered his Israeli passport prior to the hearing.
The applicant's ties to the United States, including family and financial interests, are substantial and demonstrate loyalty to the U.S.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident In, a Foreign Country.
E2.A3.1.2.1raisedForeign Preference - Exercise of Dual Citizenship.
E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
E2.A2.1.3.3appliedForeign Influence - Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.
E2.A3.1.3.1appliedForeign Preference - Dual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country.
E2.A3.1.3.2appliedForeign Preference - Indicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
E2.A3.1.3.4appliedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“An administrative judge must consider the record evidence as a whole in deciding if the facts and circumstances of an applicant's family ties pose an unacceptable security concern under Guideline B.”

Procedural Posture

SOR issuedNov 21, 2003
Answer filedDec 10, 2003
Hearing heldApr 8, 2004via video-teleconference
Decision dateSep 29, 2004

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties
Renunciation of Foreign Citizenship as a Mitigating Factor
Casual and Infrequent Contact with Foreign Nationals Under Guideline B

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	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.b	The applicant has contact with a foreign national who is a citizen of, or resident in, a foreign country.	For Applicant	Friend in Foreign Country Friend	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.c	The applicant has financial interests in a foreign country.	For Applicant	Unspecified Foreign Relationship Other	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.d	The applicant has a dual citizenship or has used a foreign passport.	For Applicant	Unspecified Foreign Relationship Other	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.e	The applicant has failed to report a foreign association.	For Applicant	Unspecified Foreign Relationship Other	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.f	The applicant has a foreign job or pension.	For Applicant	Unspecified Foreign Relationship Other	Israel HEIGHTENED RISK	Admitted	(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 (c) contact so casual and infrequent there is little likelihood of risk	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

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(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

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

Claimed

Other

2.b

The applicant has contact with a foreign national who is a citizen of, or resident in, a foreign country.

For Applicant

Friend in Foreign Country

Friend

Israel

HEIGHTENED RISK

Admitted

(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

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

Claimed

Other

2.c

The applicant has financial interests in a foreign country.

For Applicant

Unspecified Foreign Relationship

Other

Israel

HEIGHTENED RISK

Admitted

(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

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

Claimed

Other

2.d

The applicant has a dual citizenship or has used a foreign passport.

For Applicant

Unspecified Foreign Relationship

Other

Israel

HEIGHTENED RISK

Admitted

(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

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

Claimed

Other

2.e

The applicant has failed to report a foreign association.

For Applicant

Unspecified Foreign Relationship

Other

Israel

HEIGHTENED RISK

Admitted

(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

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

Claimed

Other

2.f

The applicant has a foreign job or pension.

For Applicant

Unspecified Foreign Relationship

Other

Israel

HEIGHTENED RISK

Admitted

(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

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

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	(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 (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is 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 (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	Claimed Other
1.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is 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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

Claimed

Other

1.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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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