Summary
A 28-year-old naturalized U.S. citizen, originally from Bosnia and working as a communications engineer, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant held dual citizenship with the U.S. and Bosnia and possessed a Bosnian passport. His parents and brother are Bosnian citizens, with his parents residing in Bosnia. His father was formerly an executive director of a Bosnian government-held hydroelectric power plant, and both parents have since retired from their government positions.
The denial stemmed from the applicant's close ties of affection with his parents, who are Bosnian citizens. The judge found that these familial connections created an unmitigated potential for foreign influence. Specifically, the applicant's father's former high-level position in the Bosnian government raised concerns about potential exploitation.
Despite the applicant's efforts to renounce his Bosnian citizenship and surrender his passport, and the fact that he had not served in the Bosnian military, held political office, or voted in Bosnian elections, the judge concluded that he did not sufficiently demonstrate that his parents were not susceptible to exploitation by a foreign power. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has close ties of affection with his parents who are citizens of Bosnia, creating potential for foreign influence.
- The applicant's father was a high-level official in the Bosnian government, which raises security concerns regarding exploitation.
- The applicant did not demonstrate that his parents are not susceptible to exploitation by a foreign power.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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.
- E2.A2.1.2.3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government.
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship.
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E2.A2.1.3.1rejectedA Determination That the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The applicant's parents' previous government positions and their current residence in Bosnia create a potential for exploitation.
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedMay 6, 2004
- Answer filedJul 15, 2004Applicant admitted all allegations.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateJun 29, 2005
Cite For
- Security Concerns Regarding Foreign Influence Due to Familial Ties Under Guideline B
- Security Concerns Regarding Foreign Preference Due to Dual Citizenship Under Guideline C
- The Burden of Proof on the Applicant to Mitigate Security Concerns Related to Foreign Influence.