ISCR Case 03-10741.h1

Case Headnote

ISCR Case No. 03-10741.h1

grantedFeb 17, 2005· Hon. Robert J. Tuider· hearing

Summary

The applicant, a 46-year-old senior communications engineer, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Despite concerns regarding his family ties in Peru and Colombia, the applicant successfully mitigated these concerns by renouncing his Peruvian citizenship and passport, demonstrating substantial ties to the United States, and providing favorable character references. The clearance was granted.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's sister is a dual citizen of Peru and the United States and resides in Peru (2.a). Applicant's fiancee and son are resident citizens of Columbia (2.b). Applicant maintains contact with his family members in Peru and Columbia (2.c). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Voting in foreign elections (1.c).

The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.8, E2.A2.1.2.1. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.2, E2.A2.1.3.1. The decision turned on the following: Applicant renounced his Peruvian citizenship and surrendered his Peruvian passport, addressing foreign preference concerns; He demonstrated substantial ties to the United States through employment, business ownership, and family connections; Favorable character references and testimony supported his trustworthiness and loyalty to the United States.

Why the Applicant Prevailed

Applicant renounced his Peruvian citizenship and surrendered his Peruvian passport, addressing foreign preference concerns.
He demonstrated substantial ties to the United States through employment, business ownership, and family connections.
Favorable character references and testimony supported his trustworthiness and loyalty to the United States.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.8raisedVoting in Foreign Elections
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.2appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power

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."”
— Directive ¶ E2.2.2

Procedural Posture

SOR issuedOct 22, 2003
Answer filedNov 14, 2003
Hearing heldApr 8, 2004via video-teleconference
Decision dateFeb 17, 2005

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Consideration of Family Ties in Foreign Influence Cases
Importance of Character References 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	Applicant's sister is a dual citizen of Peru and the United States and resides in Peru.	For Applicant	Sibling in Foreign Country Immediate Family	Peru	Unknown	(b) connections creating a potential conflict of interest	(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	Credited Severed Foreign Contact
2.b	Applicant's fiancee and son are resident citizens of Columbia.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Columbia	Unknown	(b) connections creating a potential conflict of interest	(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	Credited Severed Foreign Contact
2.c	Applicant maintains contact with his family members in Peru and Columbia.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	(b) connections creating a potential conflict of interest	(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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's sister is a dual citizen of Peru and the United States and resides in Peru.

For Applicant

Sibling in Foreign Country

Immediate Family

Peru

Unknown

(b) connections creating a potential conflict of interest

(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

Credited

Severed Foreign Contact

2.b

Applicant's fiancee and son are resident citizens of Columbia.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Columbia

Unknown

(b) connections creating a potential conflict of interest

(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

Credited

Severed Foreign Contact

2.c

Applicant maintains contact with his family members in Peru and Columbia.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

(b) connections creating a potential conflict of interest

(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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Unknown	(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	—
1.b	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Unknown	(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	—
1.c	Voting in foreign elections	For Applicant	Foreign Voting	Unknown	(c) failure to use a U.S. passport when entering or exiting the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Foreign Citizenship Acquisition or Application

Unknown

(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

—

1.b

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Unknown

(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

—

1.c

Voting in foreign elections

For Applicant

Foreign Voting

Unknown

(c) failure to use a U.S. passport when entering or exiting the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

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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