ISCR Case 03-18233.h1

Case Headnote

ISCR Case No. 03-18233.h1

grantedNov 8, 2005· Hon. Kathryn Moen Braeman· hearing

Summary

A 52-year-old naturalized U.S. citizen, originally from Bulgaria, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons highlighted his valid Bulgarian passport, which was effective until December 2005, and the fact that he had not used it since becoming a U.S. citizen. It also noted his family ties in Bulgaria, including parents, a brother, a mother-in-law, and a brother-in-law serving in the Bulgarian army, as well as his past financial support to his parents and friendships with Bulgarian citizens.

However, the applicant successfully mitigated these concerns. He returned his Bulgarian passport and initiated the process to renounce both his Bulgarian citizenship and pension. He also demonstrated strong ties to the U.S., having resided there for nine years and been a naturalized citizen for three, and had lived and worked continuously in the U.S. since 1996.

The judge found the applicant's assurances credible, particularly his commitment to report any pressure attempts to U.S. officials. This was further supported by his exemplary work performance and positive assessments from supervisors. Ultimately, the security clearance was granted.

Why the Applicant Prevailed

Returned Bulgarian passport and initiated renunciation of citizenship and pension.
Demonstrated strong ties to the U.S. as a resident for nine years and a naturalized citizen for three.
Credible assurances to report any pressure attempts to U.S. officials, supported by positive assessments from supervisors.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.2.6raisedForeign Influence - Vulnerability to Coercion by a Foreign Government
E2.A3.1.2.2raisedForeign Preference - Possession of a Foreign Passport
E2.A3.1.2.4raisedForeign Preference - Accepting Benefits From a Foreign Country

Mitigating

E2.A3.1.3appliedForeign Preference - Actions to Renounce Foreign Citizenship
E2.A2.1.3appliedForeign Influence - Evidence of Strong Ties to the U.S.
E2.A5.2appliedPersonal Conduct - No Intent to Falsify Security Clearance Application

Key Rule Quoted

“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”

Procedural Posture

SOR issuedNov 19, 2004
Answer filedDec 9, 2004Notarized response to SOR.
Hearing heldJun 27, 2005Hearing conducted in a city near the applicant's residence.
Decision dateNov 8, 2005

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Demonstrating Strong Ties to the U.S. as a Mitigating Factor for Foreign Influence
Credibility of Applicant's Assurances Regarding Potential Foreign Pressure

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 has strong ties to the U.S. as a resident here for nine years and a naturalized citizen for three.	For Applicant	Parent in Foreign Country Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant's parents are citizens of Bulgaria and reside there.	For Applicant	Parent in Foreign Country Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant's brother is a citizen of Bulgaria and resides there.	For Applicant	Sibling in Foreign Country Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	Applicant's mother-in-law is a Bulgarian national who lives there.	For Applicant	In Law in Foreign Country Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	Applicant's brother-in-law serves in the Bulgarian army.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.f	Applicant maintains friendships with citizens of Bulgaria.	For Applicant	Friend in Foreign Country Friend	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.g	Applicant provided financial support to his parents.	For Applicant	Financial Support to Foreign Relative Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.h	Applicant's family members may be subject to duress.	For Applicant	Unspecified Foreign Relationship Immediate Family	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.i	Applicant has a valid Bulgarian passport effective until December 2005.	For Applicant	Unspecified Foreign Relationship Other	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.j	Applicant has not used his Bulgarian passport since becoming a U.S. citizen.	For Applicant	Unspecified Foreign Relationship Other	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.k	Applicant has initiated the process to renounce his Bulgarian citizenship.	For Applicant	Unspecified Foreign Relationship Other	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.l	Applicant has lived and worked in the U.S. continuously since 1996.	For Applicant	Unspecified Foreign Relationship Other	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.m	Applicant's family has no ties to the Bulgarian government.	For Applicant	Unspecified Foreign Relationship Other	Bulgaria LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has strong ties to the U.S. as a resident here for nine years and a naturalized citizen for three.

For Applicant

Parent in Foreign Country

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

Applicant's parents are citizens of Bulgaria and reside there.

For Applicant

Parent in Foreign Country

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.c

Applicant's brother is a citizen of Bulgaria and resides there.

For Applicant

Sibling in Foreign Country

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.d

Applicant's mother-in-law is a Bulgarian national who lives there.

For Applicant

In Law in Foreign Country

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.e

Applicant's brother-in-law serves in the Bulgarian army.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.f

Applicant maintains friendships with citizens of Bulgaria.

For Applicant

Friend in Foreign Country

Friend

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.g

Applicant provided financial support to his parents.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.h

Applicant's family members may be subject to duress.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.i

Applicant has a valid Bulgarian passport effective until December 2005.

For Applicant

Unspecified Foreign Relationship

Other

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.j

Applicant has not used his Bulgarian passport since becoming a U.S. citizen.

For Applicant

Unspecified Foreign Relationship

Other

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.k

Applicant has initiated the process to renounce his Bulgarian citizenship.

For Applicant

Unspecified Foreign Relationship

Other

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.l

Applicant has lived and worked in the U.S. continuously since 1996.

For Applicant

Unspecified Foreign Relationship

Other

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.m

Applicant's family has no ties to the Bulgarian government.

For Applicant

Unspecified Foreign Relationship

Other

Bulgaria

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant has a valid Bulgarian passport effective December 2000 to December 2005.	For Applicant	Foreign Passport Possession or Use	Admitted	(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. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.b	Applicant has not used his Bulgarian passport since becoming a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(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 (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.c	Applicant has taken steps to renounce his Bulgarian citizenship and pension.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(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. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has a valid Bulgarian passport effective December 2000 to December 2005.

For Applicant

Foreign Passport Possession or Use

Admitted

(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.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

1.b

Applicant has not used his Bulgarian passport since becoming a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

(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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

1.c

Applicant has taken steps to renounce his Bulgarian citizenship and pension.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(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.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Documented

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES