ISCR Case 04-05551.h1

Case Headnote

ISCR Case No. 04-05551.h1

grantedFeb 2, 2006· Hon. Kathryn Moen Braeman· hearing

Summary

A security clearance was granted to a 65-year-old retired professor, a naturalized U.S. citizen since 1972, despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's mother and two siblings residing in Lebanon, and the U.S. government's assertion of non-identical interests between the U.S. and Lebanon. Additionally, concerns were raised regarding the applicant's alleged preference for a foreign country, his acquisition and use of a foreign passport for travel to Lebanon after naturalization, and his failure to renounce foreign citizenship.

To mitigate these concerns, the applicant returned his Lebanese passport to the Embassy of Lebanon. He also demonstrated strong ties to the U.S., having been a naturalized citizen and resident for 33 years. The judge found the applicant's assurances of loyalty to the U.S. credible, noting his commitment to contact U.S. officials if any pressure were attempted, which was further supported by positive assessments from colleagues.

Ultimately, the judge determined that the applicant had successfully mitigated the foreign influence and foreign preference concerns, finding the likelihood of coercion from family ties to be low. The security clearance was therefore granted.

Why the Applicant Prevailed

Returned foreign passport to the Embassy of Lebanon, mitigating foreign preference concerns.
Demonstrated strong ties to the U.S. as a naturalized citizen and resident for 33 years.
Credible assurances of contacting U.S. officials if any pressure were attempted, supported by positive assessments from colleagues.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.2.6raisedForeign Influence - Conduct Which May Make the Individual Vulnerable to Coercion
E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1appliedForeign Preference - Returned Foreign Passport
E2.A2.1.3.1appliedForeign Influence - Strong Ties to the U.S. and Credible Assurances Against Coercion

Key Rule Quoted

“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”

Procedural Posture

SOR issuedMar 3, 2005
Answer filedMar 9, 2005Applicant initially requested a decision without a hearing.
Hearing heldJul 26, 2005Hearing location was amended at Applicant's request.
Decision dateFeb 2, 2006

Cite For

Mitigation of Foreign Preference Concerns Through the Return of a Foreign Passport
Credibility of Assurances Against Coercion in Foreign Influence Cases
Whole Person Analysis in Evaluating Foreign Influence and Preference

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 has a mother and two siblings who are citizens and residents of Lebanon.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon	Denied	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	The Government established through the documents they submitted for administrative notice (AN I-VII) the U.S. and Lebanon do not have identical interests over vital matters.	For Applicant	Unspecified Foreign Relationship Other	Lebanon	Denied	(b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has a mother and two siblings who are citizens and residents of Lebanon.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

Denied

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

2.b

The Government established through the documents they submitted for administrative notice (AN I-VII) the U.S. and Lebanon do not have identical interests over vital matters.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

Denied

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant has a preference for a foreign country over the United States.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	—	—
1.b	Applicant acquired a foreign passport after becoming a naturalized U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Denied	—	—	—
1.c	Applicant used a foreign passport for travel to Lebanon.	For Applicant	Foreign Passport Possession or Use	Denied	—	—	—
1.d	Applicant did not renounce his foreign citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has a preference for a foreign country over the United States.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

1.b

Applicant acquired a foreign passport after becoming a naturalized U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Denied

—

1.c

Applicant used a foreign passport for travel to Lebanon.

For Applicant

Foreign Passport Possession or Use

Denied

—

1.d

Applicant did not renounce his foreign citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

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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