Summary
A 60-year-old U.S. naturalized citizen, originally from Egypt, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons alleged dual Egyptian citizenship, evidenced by applying for an Egyptian passport in January 2002 and possessing one during an August 2002 interview, despite U.S. naturalization in May 1976.
Further allegations included having eight family members residing in Egypt and multiple trips to Egypt in May 2002, December 2001, February 1997, and May 1996. Concerns under Personal Conduct arose from allegations that the applicant falsified his June 2002 security clearance application (SF-86) by omitting these trips and his family members in Egypt.
The applicant successfully mitigated these concerns. He renounced his Egyptian citizenship and surrendered his expired Egyptian passport. The judge determined that his family members in Egypt did not pose a significant risk of coercion or pressure. Additionally, the applicant successfully refuted the allegations of falsification on his security clearance application. Based on these mitigating actions and findings, the security clearance was granted.
Why the Applicant Prevailed
- Applicant renounced his Egyptian citizenship and surrendered his expired Egyptian passport.
- Family members in Egypt were found not to pose a discernible vulnerability to pressure or coercion.
- Applicant successfully refuted allegations of falsification regarding his security clearance application.
Conditions Referenced
- E2.A3.1.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn Immediate Family Member, or Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
- E2.A2.1.2.8raisedA Substantial Financial Interest in a Country, or in Any Foreign Owned or Operated Business That Could Make the Individual Vulnerable to Foreign Influence
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedA Determination That the Immediate Family Members, Co-habitant or Associate 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 Persons Involved and the United States
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
Procedural Posture
- SOR issuedMar 10, 2004
- Answer filedMar 23, 2004
- Hearing heldDec 7, 2004
- Decision dateMar 31, 2005
Cite For
- Mitigation of Dual Citizenship Concerns Under Guideline E
- Foreign Influence Considerations with Family Abroad Under Guideline B
- Falsification Allegations and Applicant's Burden of Proof Under Guideline E.