Summary
A 60-year-old engineer, employed by a U.S. defense contractor, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant, originally from Israel, maintains strong family ties there, with his mother, son, and sisters residing in the country. His son, a U.S. citizen, is temporarily in Israel, raising concerns about potential coercion or pressure on the applicant.
A primary factor in the denial was the applicant's retention of his Israeli passport. He wishes to keep it to receive a monthly stipend from the Israeli government for war injuries, and to secure future health and retirement benefits. This was viewed as an exercise of dual citizenship and a preference for a foreign country. The judge found that the applicant's desire to retain these financial benefits, coupled with his familial connections in Israel, created unmitigated security risks.
Ultimately, the judge determined that the applicant did not adequately mitigate the concerns related to foreign influence and foreign preference, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant has not surrendered his Israeli passport, which he uses to retain benefits from the Israeli government.
- Applicant has strong familial ties to Israel, including a son and siblings who reside there, creating potential for foreign influence.
- Applicant's desire to keep his Israeli passport for financial benefits indicates a preference for a foreign country over the U.S.
Conditions Referenced
- DC 1appliedAn Immediate Family Member, or 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 2appliedPossession and Use of a Foreign Passport
- DC 4appliedAccepting Educational, Medical or Other Benefits, Such as Retirement and Social Welfare, From a Foreign Country
- DC 6appliedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country
- DC 8appliedA Substantial Financial Interest in a Country That Could Make the Individual Vulnerable to Foreign Influence
- MC 1rejectedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign CountryApplicant's dual citizenship does not mitigate the concerns due to his active ties to Israel.
- MC 2rejectedIndicators of Possible Foreign Preference Such as Military Service Occurred Before Obtaining U.S. CitizenshipThe applicant's military service does not mitigate the foreign preference concerns.
- MC 3rejectedContact with Foreign Relatives Is Infrequent and CasualApplicant's contact with family in Israel is frequent and significant.
- MC 5rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Foreign InfluenceApplicant has not taken steps to surrender his Israeli passport.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedDec 15, 2004
- Answer filedJan 11, 2005
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateMay 12, 2005
Cite For
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Foreign Preference Issues Related to Possession of a Foreign Passport Under Guideline C
- The Importance of Surrendering Foreign Passports to Mitigate Security Risks.