ISCR Case 03-23669.h1

Case Headnote

ISCR Case No. 03-23669.h1

grantedAug 9, 2005· Hon. Barry M. Sax· hearing

Summary

A 48-year-old U.S. citizen and Engineering Manager, born in Lebanon, was considered for a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns arose from his past dual citizenship with Lebanon and the U.S., as well as his relatives residing in Lebanon. Specifically, the applicant had held a Lebanese passport, renewed it in 2001, and used it for travel to Lebanon in December 2002, despite being a naturalized U.S. citizen since 1984 and holding a U.S. passport. He also had a mother who splits her time between the U.S. and Lebanon, a mother-in-law who is a Lebanese citizen but now a U.S. Permanent Resident, a paternal aunt in Lebanon, and a friend in Lebanon last contacted in 2002. The applicant had traveled to Lebanon four times between 1998 and 2002 to visit relatives.

The applicant formally renounced his Lebanese citizenship and surrendered his Lebanese passport in March 2005, promptly addressing security concerns. He had held a Department of Defense security clearance since 1988 without any reported issues. His mother, 76, and mother-in-law do not receive support from the Lebanese government, and his mother never worked for the Lebanese government.

The judge determined that the applicant demonstrated a strong commitment to U.S. security interests. His prompt renunciation of Lebanese citizenship, long history of holding a security clearance without incident, and strong ties to the U.S. mitigated the risks posed by his foreign connections. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant renounced his Lebanese citizenship and surrendered his Lebanese passport promptly upon learning of security concerns.
He has held a DoD security clearance since 1988 without any reported security issues.
The applicant's strong ties to the U.S. and his credible assurances to report any improper contacts mitigated concerns.

Conditions Referenced

Disqualifying

DC 1raisedForeign Preference: Exercise of Dual Citizenship
DC 2raisedForeign Preference: Possession And/or Use of a Foreign Passport
DC 1raisedForeign Influence: Immediate Family Member Is a Citizen of a Foreign Country

Mitigating

MC 1appliedForeign Preference: Dual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
MC 4appliedForeign Preference: Willingness to Renounce Dual Citizenship
MC 1appliedForeign Influence: Immediate Family Members Do Not Constitute an Unacceptable Security Risk

Key Rule Quoted

“"An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations."”

Procedural Posture

SOR issuedJan 31, 2005
Answer filedFeb 17, 2005
Hearing heldJun 1, 2005
Decision dateAug 9, 2005

Cite For

Mitigation of Foreign Preference Concerns Due to Prompt Renunciation of Citizenship
Minimal Risk From Foreign Influence Due to Strong U.S. Ties
Importance of Credible Assurances in Security Clearance Decisions

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 mother is a citizen of the U.S., as of last year. She resides with Applicant in the U.S. for six months a year and in Lebanon for the other six months. His mother is 76, and has always been a housewife. She never worked for the Lebanese government.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant's mother-in-law is a citizen of Lebanon, but has received a Permanent Resident Visa, and has come to the U.S. She plans to become a U.S. citizen. She now spends the majority of her time in the U.S. Neither she nor Applicant's mother receives any support from the Lebanese government.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant's paternal aunt is a resident of Lebanon. She is 70, and a housewife.	For Applicant	Extended Family in Foreign Country Extended Family	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	Applicant has a friend who is a resident of Lebanon. Their last contact was in 2002.	For Applicant	Friend in Foreign Country Friend	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	Applicant traveled to Lebanon in December 1998, March 2000, October 2001, and December 2002, to visit relatives.	For Applicant	Unspecified Foreign Relationship Other	Lebanon HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.f	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother is a citizen of the U.S., as of last year. She resides with Applicant in the U.S. for six months a year and in Lebanon for the other six months. His mother is 76, and has always been a housewife. She never worked for the Lebanese government.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Denied

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

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

—

2.b

Applicant's mother-in-law is a citizen of Lebanon, but has received a Permanent Resident Visa, and has come to the U.S. She plans to become a U.S. citizen. She now spends the majority of her time in the U.S. Neither she nor Applicant's mother receives any support from the Lebanese government.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Denied

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

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

—

2.c

Applicant's paternal aunt is a resident of Lebanon. She is 70, and a housewife.

For Applicant

Extended Family in Foreign Country

Extended Family

Lebanon

HEIGHTENED RISK

Denied

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

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

—

2.d

Applicant has a friend who is a resident of Lebanon. Their last contact was in 2002.

For Applicant

Friend in Foreign Country

Friend

Lebanon

HEIGHTENED RISK

Denied

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

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

—

2.e

Applicant traveled to Lebanon in December 1998, March 2000, October 2001, and December 2002, to visit relatives.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

HEIGHTENED RISK

Denied

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

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

—

2.f

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with Lebanon and the United States (U.S.), but he no longer does. Applicant has formally renounced his Lebanese citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.b	Applicant applied for and received a Lebanese passport on December 9, 1994, and renewed that passport in about 2001, even though he had become a naturalized U.S. citizen on July 9, 1984 and held a valid U.S. passport issued on October 24, 1997. He surrendered his Lebanese passport in March 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.c	Applicant used his Lebanese passport instead of his U.S. passport to travel to Lebanon in December 2002.	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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.d	As of July 21, 2003, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant still possessed a Lebanese passport that was issued on December 9, 1994, and renewed in 2001.	For Applicant	Foreign Passport Possession or Use	Denied	(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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship with Lebanon and the United States (U.S.), but he no longer does. Applicant has formally renounced his Lebanese citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.b

Applicant applied for and received a Lebanese passport on December 9, 1994, and renewed that passport in about 2001, even though he had become a naturalized U.S. citizen on July 9, 1984 and held a valid U.S. passport issued on October 24, 1997. He surrendered his Lebanese passport in March 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.

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.c

Applicant used his Lebanese passport instead of his U.S. passport to travel to Lebanon in December 2002.

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.d

As of July 21, 2003, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant still possessed a Lebanese passport that was issued on December 9, 1994, and renewed in 2001.

For Applicant

Foreign Passport Possession or Use

Denied

(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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

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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