Summary
The applicant, a 46-year-old computer network administrator with dual U.S.-Lebanese citizenship, faced security concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The judge found that the applicant failed to mitigate concerns related to his foreign citizenship and family ties in Lebanon, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's wife is a citizen resident of Lebanon (2.a). Applicant's mother is a citizen resident of Lebanon (2.b). One of Applicant's sons is a citizen of Canada residing with Applicant in Saudi Arabia (2.c). Applicant's parents-in-law are citizen residents of Lebanon (2.d). Applicant has resided in Kuwait and Saudi Arabia continuously since May 2001 (2.e). Applicant owns a time-share in Beirut, Lebanon (2.f). The applicant exercised dual citizenship with the U.S. and Canada (1.a). The applicant exercised dual citizenship with the U.S. and Lebanon (1.b). Applicant falsified material facts on his SCA by failing to disclose his active Canadian and Lebanese passports (3.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A2.1.2.1, E2.A5.1.1. The judge applied mitigating conditions E2.A3.1.3.4, E2.A2.1.3.5, E2.A5.1.2.2. The decision turned on the following: Applicant retained dual citizenship with Lebanon and Canada, raising foreign preference concerns; Applicant's immediate family members reside in Lebanon and Kuwait, creating potential foreign influence risks; Applicant did not provide evidence of renouncing his Lebanese citizenship, which contributed to the denial.
Why the Applicant Was Denied
- Applicant retained dual citizenship with Lebanon and Canada, raising foreign preference concerns.
- Applicant's immediate family members reside in Lebanon and Kuwait, creating potential foreign influence risks.
- Applicant did not provide evidence of renouncing his Lebanese citizenship, which contributed to the denial.
Conditions Referenced
- E2.A3.1.2.1raisedForeign Preference - Dual Citizenship
- E2.A2.1.2.1raisedForeign Influence - Family Ties
- E2.A5.1.1raisedPersonal Conduct - Falsification of Facts
- E2.A3.1.3.4appliedForeign Preference - Renunciation of Citizenship
- E2.A2.1.3.5appliedForeign Influence - Minor Financial Interest
- E2.A5.1.2.2appliedPersonal Conduct - Lack of Intent to Falsify
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedAug 3, 2004
- Answer filedAug 29, 2004
- Hearing heldNov 17, 2004at applicant's request for expedited handling
- Decision dateDec 7, 2004
Cite For
- Foreign Influence Concerns Due to Family Ties in Foreign Countries
- Foreign Preference Issues Related to Dual Citizenship
- Personal Conduct Implications of Failing to Disclose Foreign Passports