Summary
The applicant, a 41-year-old operations manager and U.S. citizen originally from Lebanon, faced security clearance denial due to foreign preference, foreign influence, and personal conduct concerns. His use of a Lebanese passport for travel to Lebanon on multiple occasions and his failure to disclose this information on his security clearance application were significant factors in the decision. The judge found that the applicant did not sufficiently mitigate the risks associated with his foreign ties and personal conduct.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: His parents, now retired, are dual citizens of the United States and Lebanon and they reside in Lebanon (SOR ¶ 2.a) (2.a). His two brothers are dual citizens of the United States and Lebanon and who reside with their wives in the United States (SOR ¶ 2.b, c) (2.b). His sister, who practices medicine, and her husband are dual citizens of the United States and Lebanon. They reside in Saudi Arabia (SOR ¶ 2.d) (2.c). The brother of Applicant's wife is a citizen of Lebanon and resides with them in the United States (SOR ¶ 2.f) (2.d). Applicant's wife is a dual citizen of the United States and Lebanon and resides with him and their three children in the United States (SOR ¶ 2.e) (2.e). The sister of Applicant's wife and her husband are citizens of Lebanon and reside in the United Arab Emirates (SOR ¶ 2.h) (2.f). Applicant's parents-in-law are citizens and residents of Lebanon (SOR ¶ 2.g) (2.g). Applicant applied for a Lebanese passport that was issued on October 10, 1990 (1.a). He used that passport to travel to Lebanon on at least seven occasions in 1991, 1994, 1995, 1996, 1997, and 1998 (1.b). Applicant stated he would be unwilling to renounce dual citizenship for any reason (1.c). In response to question 15, he answered, "no," and failed to disclose his Lebanese passport (3.a). In response to question 16, he answered, "no," and failed to disclose his trips to Lebanon (3.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.1, E2.A2.1.2, E2.A2.1.2.1, E2.A5.1.2.2. The judge applied mitigating conditions E2.A2.1.3.1. The decision turned on the following: Applicant used a Lebanese passport to travel to Lebanon on at least seven occasions after becoming a U.S. citizen; Applicant's unwillingness to renounce his Lebanese citizenship allows him to acquire another Lebanese passport at any time; Applicant failed to disclose his possession of a Lebanese passport and travel to Lebanon on his security clearance application.
Why the Applicant Was Denied
- Applicant used a Lebanese passport to travel to Lebanon on at least seven occasions after becoming a U.S. citizen.
- Applicant's unwillingness to renounce his Lebanese citizenship allows him to acquire another Lebanese passport at any time.
- Applicant failed to disclose his possession of a Lebanese passport and travel to Lebanon on his security clearance application.
Conditions Referenced
- E2.A2.1.1raisedDisqualifying Condition 1
- E2.A2.1.2raisedDisqualifying Condition 2
- E2.A2.1.2.1raisedDisqualifying Condition 1
- E2.A5.1.2.2raisedDisqualifying Condition 2
- E2.A2.1.3.1appliedMitigating Condition 1Mitigating Condition 1 applied to some family members who are U.S. citizens.
- E2.A2.1.3.1rejectedMitigating Condition 1Mitigating Condition 1 not established for other family members who are citizens of Lebanon.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedOct 15, 2003
- Answer filedNov 11, 2003
- Hearing heldJun 9, 2004
- Decision dateFeb 14, 2005
Cite For
- Foreign Preference Concerns Related to Dual Citizenship and Foreign Passport Use
- Foreign Influence Risks Due to Family Ties in Lebanon
- Personal Conduct Issues Arising From Failure to Disclose Relevant Information on Security Clearance Applications