Summary
A 39-year-old married U.S. citizen, holding dual citizenship with Israel and South Africa, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial was based on several factors indicating active foreign preference and potential foreign influence.
Specifically, the applicant actively exercised foreign citizenship with both Israel and South Africa, including possessing and using foreign passports from both countries. A significant concern was his service in the Israeli military, which directly contributed to the finding of foreign preference.
Additionally, the applicant's family ties to Israel, particularly an eldest brother who is a citizen and resident of Israel and served in the Israeli military, raised further foreign influence concerns. Despite the application of several mitigating conditions, the strong indicators of foreign preference and influence led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant actively exercised foreign citizenship with both Israel and South Africa.
- He possessed and used foreign passports, including an Israeli passport and a South African passport.
- He served in the Israeli military, which raised concerns of foreign preference and influence.
- Family ties to Israel, particularly an eldest brother who is a citizen and former military officer, raised foreign influence concerns.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- E2.A3.1.1.1raisedForeign Influence Due to Family Ties
- E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant actively exercised dual citizenship as an adult.
- E2.A3.1.3.2rejectedIndicators of Possible Foreign Preference Occurred Before Obtaining United States CitizenshipThe applicant's foreign preference indicators occurred after he became a U.S. citizen.
- E2.A3.1.3.3rejectedActivity Is Sanctioned by the United StatesThere is no indication that the U.S. government sanctioned the applicant's activities.
- E2.A3.1.3.4appliedThe Applicant Has Expressed a Willingness to Renounce Foreign CitizenshipThe applicant stated a willingness to renounce but took no affirmative steps.
Key Rule Quoted
“The decision to deny a person a security clearance is not a determination of an applicant's loyalty.”
Procedural Posture
- SOR issuedNov 24, 2004
- Answer filedDec 7, 2004
- Hearing heldSep 9, 2005
- Decision dateMar 30, 2006
Cite For
- Indicators of Foreign Preference Under Guideline C
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Burden of Proof Regarding Extenuation or Mitigation in Security Clearance Cases