ISCR Case 04-05289.h1

Case Headnote

ISCR Case No. 04-05289.h1

grantedJun 30, 2006· Hon. Philip S. Howe· hearing

Summary

A 44-year-old U.S. citizen, originally from Singapore, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her dual citizenship with Singapore, the retention and use of a foreign passport, and her family ties there. Specifically, her parents and brother are Singaporean citizens and residents, and she owns an apartment in Singapore where her parents reside, for which she has a financial obligation to her sister-in-law.

However, the applicant successfully mitigated these concerns. She expressed a strong preference for U.S. freedoms and opportunities, surrendered her Singaporean passport, and stated her intent to renounce her Singaporean citizenship upon her parents' passing. The judge noted that her primary financial interests are in the U.S., and her family in Singapore is not in a position to be exploited by the Singaporean government.

Ultimately, the judge found that her expressed willingness to renounce her Singaporean citizenship in the future, combined with her U.S.-centric financial interests, demonstrated a preference for the U.S. and mitigated potential foreign influence risks. The security clearance was granted.

Why the Applicant Prevailed

Applicant expressed a strong preference for U.S. freedoms and opportunities over those in Singapore.
She surrendered her Singaporean passport and intends to relinquish her citizenship when her parents pass.
Her financial interests are primarily in the U.S., and her family in Singapore is not in a position to be exploited by the government.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedDC 1: the Exercise of Dual Citizenship
E2.A3.1.2.2raisedDC 2: Possession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedDC 1: an 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.
E2.A2.1.2.8raisedDC 8: A Substantial Financial Interest in a Country.

Mitigating

E2.A3.1.3.1appliedMC 1: Dual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
E2.A3.1.3.4appliedMC 4: Individual Has Expressed a Willingness to Renounce Dual Citizenship.
E2.A2.1.3.1appliedMC 1: A Determination That the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.5appliedMC 5: Foreign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedApr 13, 2005
Answer filedMay 17, 2005
Hearing heldJan 26, 2006
Decision dateJun 30, 2006

Cite For

Mitigation of Foreign Preference Under Guideline C Due to Expressed Willingness to Renounce Citizenship
Mitigation of Foreign Influence Concerns Based on Family Ties and Financial Interests
Whole Person Concept Applied in Evaluating Security Clearance Suitability

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	The applicant's parents are citizens and residents of Singapore.	For Applicant	Parent in Foreign Country Immediate Family	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
2.b	The applicant has a brother who is a citizen and resident of Singapore.	For Applicant	Sibling in Foreign Country Immediate Family	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
2.c	The applicant owns an apartment in Singapore where her parents live.	For Applicant	Foreign Real Estate Financial or Property Interest	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
2.d	The applicant has a financial obligation to her sister-in-law in Singapore for the apartment purchase.	For Applicant	Financial Support to Foreign Relative Financial or Property Interest	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
2.e	The applicant retains dual citizenship with Singapore.	For Applicant	Unspecified Foreign Relationship Other	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties
2.f	The applicant has expressed a willingness to renounce her Singapore citizenship in the future.	For Applicant	Unspecified Foreign Relationship Other	Singapore	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The applicant's parents are citizens and residents of Singapore.

For Applicant

Parent in Foreign Country

Immediate Family

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

2.b

The applicant has a brother who is a citizen and resident of Singapore.

For Applicant

Sibling in Foreign Country

Immediate Family

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

2.c

The applicant owns an apartment in Singapore where her parents live.

For Applicant

Foreign Real Estate

Financial or Property Interest

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

2.d

The applicant has a financial obligation to her sister-in-law in Singapore for the apartment purchase.

For Applicant

Financial Support to Foreign Relative

Financial or Property Interest

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

2.e

The applicant retains dual citizenship with Singapore.

For Applicant

Unspecified Foreign Relationship

Other

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

2.f

The applicant has expressed a willingness to renounce her Singapore citizenship in the future.

For Applicant

Unspecified Foreign Relationship

Other

Singapore

Admitted

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

(h) foreign nationals acting to increase the individual’s vulnerability

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

(e) promptly complied with reporting requirements

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country (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	Claimed Other
1.b	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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	Claimed Other
1.c	Retaining foreign citizenship after becoming a U.S. citizen	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country (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	Claimed Other
1.d	Using a foreign passport for travel	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

(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

Claimed

Other

1.b

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

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

(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

Claimed

Other

1.c

Retaining foreign citizenship after becoming a U.S. citizen

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

(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

Claimed

Other

1.d

Using a foreign passport for travel

For Applicant

Foreign Passport Possession or Use

Admitted

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

(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

Claimed

Other

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES