ISCR Case 03-25294.h1

Case Headnote

ISCR Case No. 03-25294.h1

grantedJun 16, 2005· Hon. Barry M. Sax· hearing

Summary

A 61-year-old Chief Engineer, born in Israel, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). He immigrated to the U.S. in 1969, becoming a naturalized citizen in 1979, and has maintained a successful career in defense contracting.

The Statement of Reasons highlighted several issues, including the applicant's mother, sister, and two sisters-in-law residing as Israeli citizens. While he previously sent money to his mother, he stopped when he learned she was not using it for herself. He inherited approximately $25,000 from his father-in-law's estate in Israel and previously held an Israeli bank account, which is now closed. The applicant traveled to Israel multiple times between 1996 and 2002 for business and family visits. Additionally, he previously held dual Israeli citizenship, renewed his Israeli passport in 1994 after becoming a U.S. citizen, and used it for travel to Israel between 1996 and 2002. He possessed an Israeli passport as of a July 2003 interview, which has since been surrendered.

Despite these factors, the judge found no current security significance. The applicant renounced his Israeli citizenship and surrendered his Israeli passport. He has a long history of working in the defense industry without security issues, and he demonstrated strong ties to the U.S. and a commitment to national security. The clearance was granted.

Why the Applicant Prevailed

Applicant renounced his Israeli citizenship and surrendered his Israeli passport.
He has a long history of working in the defense industry without security issues.
The applicant demonstrated strong ties to the U.S. and a commitment to national security.

Conditions Referenced

Disqualifying

DC 1raisedExercise of Dual Citizenship
DC 2raisedPossession And/or Use of a Foreign Passport

Mitigating

MC 1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
MC 4appliedWillingness to Renounce Dual Citizenship
MC 1appliedImmediate Family Members Do Not Constitute an Unacceptable Security Risk
MC 5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“"A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence."”

Procedural Posture

SOR issuedJan 10, 2005
Answer filedJan 25, 2005
Hearing heldMay 3, 2005
Decision dateJun 16, 2005

Cite For

Mitigation of Foreign Preference Under Guideline C
Mitigation of Foreign Influence Under Guideline B
Importance of Demonstrating Strong Ties to the U.S. for Security Clearance Approval.

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 and sister are citizens of Israel and currently reside in that country. They moved to Israel from northeastern Europe after World War II to make a better life. His father is deceased and his mother is now 95 and in good, but frail, health. She was a housewife all her life and never worked for the government. His sister is 69 and is a retired schoolteacher.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Admitted	(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 two sisters-in-law are citizens and residents of Israel. One sister-in-law is 57 and a teacher. The other sister is a teacher and an accountant. Neither has ever worked for the government. Applicant's wife is his primary source of moral and emotional support. There are nieces and nephews, but Applicant is not close to any of them. He has never been asked by any family member to do anything improper and he strongly and credibly avers he would immediately report any such contact to his security officer. In the past he attended international conferences where someone asked him about sensitive matters, and he reported it.	For Applicant	In Law in Foreign Country Immediate Family	Israel	Admitted	(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 no longer sends money to his mother. He sent the money as a gift until he discovered she was not using it to buy anything for herself, so he stopped.	For Applicant	Financial Support to Foreign Relative Immediate Family	Israel	Admitted	(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 inherited approximately $25,000 from his father-in-law's estate in Israel.	For Applicant	Financial Support to Foreign Relative Immediate Family	Israel	Admitted	(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 had a bank account in Israel, but it is now closed.	For Applicant	Foreign Bank Account or Investment Other	Israel	Admitted	(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	Applicant traveled to Israel in 1996, 1997, 1998, 2000, 2001, and 2002, on business and/or to visit his mother. I do not find any current security significance.	For Applicant	Unspecified Foreign Relationship Other	Israel	Admitted	(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	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother and sister are citizens of Israel and currently reside in that country. They moved to Israel from northeastern Europe after World War II to make a better life. His father is deceased and his mother is now 95 and in good, but frail, health. She was a housewife all her life and never worked for the government. His sister is 69 and is a retired schoolteacher.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Admitted

(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 two sisters-in-law are citizens and residents of Israel. One sister-in-law is 57 and a teacher. The other sister is a teacher and an accountant. Neither has ever worked for the government. Applicant's wife is his primary source of moral and emotional support. There are nieces and nephews, but Applicant is not close to any of them. He has never been asked by any family member to do anything improper and he strongly and credibly avers he would immediately report any such contact to his security officer. In the past he attended international conferences where someone asked him about sensitive matters, and he reported it.

For Applicant

In Law in Foreign Country

Immediate Family

Israel

Admitted

(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 no longer sends money to his mother. He sent the money as a gift until he discovered she was not using it to buy anything for herself, so he stopped.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Israel

Admitted

(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 inherited approximately $25,000 from his father-in-law's estate in Israel.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Israel

Admitted

(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 had a bank account in Israel, but it is now closed.

For Applicant

Foreign Bank Account or Investment

Other

Israel

Admitted

(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

Applicant traveled to Israel in 1996, 1997, 1998, 2000, 2001, and 2002, on business and/or to visit his mother. I do not find any current security significance.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Admitted

(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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	has exercise dual citizenship with Israel but no longer does so.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
1.b	renewed his Israeli passport on June 30, 1994, after becoming a naturalized U.S. citizen in June 1979. The passport has now been surrendered.	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.	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
1.c	used his Israeli passport instead of his U.S. passport to enter and exit Israel in 1996, 1997, 1998, 2000, 2001, and 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.	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
1.d	as of July 2003, when he interviewed by an agent of the Defense Security Service (DSS), possessed an Israeli passport that was issued in June 1994 and renewed in August 1999.	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.	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

has exercise dual citizenship with Israel but no longer does so.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

1.b

renewed his Israeli passport on June 30, 1994, after becoming a naturalized U.S. citizen in June 1979. The passport has now been surrendered.

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.

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

1.c

used his Israeli passport instead of his U.S. passport to enter and exit Israel in 1996, 1997, 1998, 2000, 2001, and 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.

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

1.d

as of July 2003, when he interviewed by an agent of the Defense Security Service (DSS), possessed an Israeli passport that was issued in June 1994 and renewed in August 1999.

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.

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

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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