Summary
A 55-year-old naturalized U.S. citizen and electrical engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant held dual citizenship with Israel and possessed an Israeli passport, which he failed to disclose on his security clearance application. He had applied for the Israeli passport after receiving his U.S. passport.
Additional concerns included the applicant's father-in-law, brother-in-law, and cousins residing as citizens in Israel, with whom he maintained quarterly contact. He had also traveled to Israel in 1996 to visit these relatives. The administrative judge found that the applicant's possession of an Israeli passport and his failure to disclose it, coupled with his foreign family ties, presented a potential security risk due to possible exploitation.
The judge determined that the applicant's explanations for his omissions lacked credibility, indicating a lack of candor. Consequently, the applicant did not sufficiently mitigate the raised concerns, and his security clearance was denied.
Why the Applicant Was Denied
- Applicant possessed an Israeli passport and failed to disclose it on his security clearance application.
- Applicant's foreign associates, including family members, could be exploited, creating a potential security risk.
- Applicant's explanations for his omissions were not credible, indicating a lack of candor.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession of Foreign Passport
- E2.A2.1.2.1raisedForeign Influence From Family
- E2.A5.1.2.1raisedFalsification of Security Clearance Application
- E2.A3.1.3.1rejectedDual Citizenship by BirthApplicant's dual citizenship was based on birth, but he did not mitigate the preference shown by obtaining an Israeli passport.
- E2.A3.1.3.4rejectedWillingness to Renounce Foreign CitizenshipApplicant expressed willingness to renounce Israeli citizenship but did not take action to do so.
- E2.A2.1.3.1appliedForeign Associates Not Agents of Foreign GovernmentWhile Applicant's foreign associates are not agents of a foreign government, they could still be exploited.
- E2.A5.1.3.3rejectedGood Faith Efforts to Correct FalsificationApplicant's claim of good faith efforts was not credible as he was aware of the need to disclose his passports.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMar 9, 2004
- Answer filedApr 15, 2004
- Hearing heldSep 22, 2004
- Decision dateNov 5, 2004
Cite For
- Denial of Security Clearance Due to Foreign Preference and Influence Concerns
- Importance of Full Disclosure on Security Clearance Applications
- Credibility of Applicant's Explanations in Security Clearance Proceedings