ISCR Case 03-23491.h1

Case Headnote

ISCR Case No. 03-23491.h1

grantedJan 23, 2006· Hon. Henry Lazzaro· hearing

Summary

A security clearance was granted to an applicant who is a dual citizen of Panama and the United States, despite concerns raised under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and J (Criminal Conduct).

The Statement of Reasons cited the applicant's dual citizenship, his use of a Panamanian passport for travel, and the fact that his mother, brothers, wife, and in-laws are Panamanian citizens and residents. Additionally, the applicant maintained contact with two boyhood friends in Panama. Personal conduct issues included inaccuracies in his security clearance application and a 1997 arrest for Driving Under the Influence (DUI), which resulted in a plea to a lesser charge of Driving While Ability Impaired (DWAI).

However, the judge found no intent to deceive regarding the application inaccuracies. The applicant surrendered his Panamanian passport, expressed willingness to renounce his Panamanian citizenship, and no family members were identified as agents of a foreign power. His loyalty to the U.S. was demonstrated through military service and actions during a national crisis. Based on these mitigating factors, the clearance was granted.

Why the Applicant Prevailed

Applicant surrendered his Panamanian passport and expressed willingness to renounce his Panamanian citizenship.
No family members were found to be agents of a foreign power or in a position to be exploited.
Applicant's military service and actions during September 11, 2001, demonstrated his loyalty to the United States.

Conditions Referenced

Disqualifying

DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
DC 2raisedPossession And/or Use of a Foreign Passport.

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
MC 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedDec 16, 2004
Answer filedMar 21, 2005
Hearing heldAug 17, 2005
Decision dateJan 23, 2006

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties Under Guideline B
Mitigation of Foreign Preference Due to Voluntary Renunciation of Foreign Citizenship Under Guideline C
Consideration of Personal Conduct in the Context of Intent and Honesty in Security Clearance Applications Under Guideline E.

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
3.a	Applicant's mother, brothers, and other relatives are citizens and residents of Panama.	For Applicant	Parent in Foreign Country Immediate Family	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.b	Applicant has a dual citizenship with Panama.	For Applicant	Unspecified Foreign Relationship Other	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.c	Applicant used a Panamanian passport on his several visits to Panama.	For Applicant	Unspecified Foreign Relationship Other	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.d	Applicant's wife is a citizen of Panama.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.e	Applicant's brothers are citizens and residents of Panama.	For Applicant	Sibling in Foreign Country Immediate Family	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.f	Applicant's mother-in-law and father-in-law are citizens and residents of Panama.	For Applicant	In Law in Foreign Country Immediate Family	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
3.g	Applicant has two boyhood friends in Panama with whom he maintains contact.	For Applicant	Friend in Foreign Country Friend	Panama	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

3.a

Applicant's mother, brothers, and other relatives are citizens and residents of Panama.

For Applicant

Parent in Foreign Country

Immediate Family

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.b

Applicant has a dual citizenship with Panama.

For Applicant

Unspecified Foreign Relationship

Other

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.c

Applicant used a Panamanian passport on his several visits to Panama.

For Applicant

Unspecified Foreign Relationship

Other

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.d

Applicant's wife is a citizen of Panama.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.e

Applicant's brothers are citizens and residents of Panama.

For Applicant

Sibling in Foreign Country

Immediate Family

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.f

Applicant's mother-in-law and father-in-law are citizens and residents of Panama.

For Applicant

In Law in Foreign Country

Immediate Family

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

3.g

Applicant has two boyhood friends in Panama with whom he maintains contact.

For Applicant

Friend in Foreign Country

Friend

Panama

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant is a dual citizen of Panama and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.b	Applicant used a Panamanian passport on his several visits to Panama which he has now surrendered.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
2.c	Applicant has expressed his willingness to renounce his Panamanian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.d	Applicant's mother, brothers, and other relatives are citizens and residents of Panama.	For Applicant	Unspecified Foreign Preference	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant is a dual citizen of Panama and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

2.b

Applicant used a Panamanian passport on his several visits to Panama which he has now surrendered.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

2.c

Applicant has expressed his willingness to renounce his Panamanian citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.d

Applicant's mother, brothers, and other relatives are citizens and residents of Panama.

For Applicant

Unspecified Foreign Preference

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The SOR also alleges that Applicant failed to disclose he had a current Panamanian passport when he was interviewed by a Special Agent (SA) from the Defense Security Service (DSS) in June 2003.	For Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	—	—
1.b	Although the security clearance application Applicant submitted in November 2001 contains several inaccurate or incomplete answers, he did not deliberately provide false information or conceal accurate information in the application.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	—	Denied	—	—	—
1.c–1.d	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The SOR also alleges that Applicant failed to disclose he had a current Panamanian passport when he was interviewed by a Special Agent (SA) from the Defense Security Service (DSS) in June 2003.

For Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

1.b

Although the security clearance application Applicant submitted in November 2001 contains several inaccurate or incomplete answers, he did not deliberately provide false information or conceal accurate information in the application.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

—

Denied

—

1.c–1.d

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

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with Driving Under the Influence (DUI), Drove Vehicle when Blood Alcohol .10+, and Failure to Drive Within Marked Lanes on September 6, 1997.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.b	He pled guilty to a lesser charge of Driving While Ability Impaired, (DWAI) on May 12, 1998, and the other charges were dismissed.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with Driving Under the Influence (DUI), Drove Vehicle when Blood Alcohol .10+, and Failure to Drive Within Marked Lanes on September 6, 1997.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.b

He pled guilty to a lesser charge of Driving While Ability Impaired, (DWAI) on May 12, 1998, and the other charges were dismissed.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

Loading case…

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