ISCR Case 04-06114.h1

Case Headnote

ISCR Case No. 04-06114.h1

grantedMar 31, 2006· Hon. Erin C. Hogan· hearing

Summary

A naturalized U.S. citizen, born in Israel, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons highlighted that the applicant's mother, sister, and brother are Israeli citizens residing in Israel, while his wife and three children hold dual U.S. and Israeli citizenship and reside in the U.S. Additionally, the applicant had renewed and traveled on an Israeli passport after becoming a U.S. citizen, though he had not registered his two younger children as Israeli citizens.

Disqualifying conditions were raised regarding the exercise of dual citizenship and the possession and/or use of a foreign passport. However, the applicant successfully mitigated these concerns. He demonstrated substantial ties to the United States and expressed a willingness to renounce his Israeli citizenship, stating he no longer intends to renew his Israeli passport.

Furthermore, it was determined that his family members in Israel are not agents of a foreign power and are not in a position to be exploited. The government did not establish a security concern under Guideline E (Personal Conduct). Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated substantial ties to the United States, mitigating foreign influence concerns.
He expressed a willingness to renounce his Israeli citizenship and no longer intends to renew his Israeli passport.
The applicant's family members in Israel are not agents of a foreign power and are not in a position to be exploited.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
E2.A3.1.2.1raisedForeign Preference Disqualifying Condition
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.3raisedMilitary Service or Willingness to Bear Arms for a Foreign Country

Mitigating

E2.A2.1.3.1appliedForeign Influence Mitigating Condition
E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.2appliedIndicators of Possible Foreign Preference (e.g., Foreign Military Service Occurred Before Obtaining United States Citizenship)
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship

Key Rule Quoted

“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”

Procedural Posture

SOR issuedFeb 4, 2005
Answer filedMar 3, 2005
Hearing heldFeb 8, 2006Hearing was delayed from January 27, 2006.
Decision dateMar 31, 2006

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties in Allied Countries
Willingness to Renounce Foreign Citizenship as a Mitigating Factor
Consideration of Prior Military Service in Foreign Countries Before U.S. Citizenship as a Mitigating Condition

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
1.a	Applicant was born in Israel and is a naturalized U.S. citizen. His mother, sister and brother are citizens of and reside in Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.b	His wife and three children are dual citizens of the United States and Israel residing in the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.c	Applicant renewed and traveled on an Israeli passport after becoming a United States citizen.	For Applicant	Unspecified Foreign Relationship Other	Israel LOW RISK / ALLY	Denied	(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	Claimed Explanation of Omission Credible
1.d	Applicant has not registered the two younger children as Israeli citizens.	For Applicant	Unspecified Foreign Relationship Other	Israel LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.e	He is willing to renounce his Israeli citizenship.	For Applicant	Unspecified Foreign Relationship Other	Israel LOW RISK / ALLY	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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant was born in Israel and is a naturalized U.S. citizen. His mother, sister and brother are citizens of and reside in Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.b

His wife and three children are dual citizens of the United States and Israel residing in the United States.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.c

Applicant renewed and traveled on an Israeli passport after becoming a United States citizen.

For Applicant

Unspecified Foreign Relationship

Other

Israel

LOW RISK / ALLY

Denied

(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

Claimed

Explanation of Omission Credible

1.d

Applicant has not registered the two younger children as Israeli citizens.

For Applicant

Unspecified Foreign Relationship

Other

Israel

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.e

He is willing to renounce his Israeli citizenship.

For Applicant

Unspecified Foreign Relationship

Other

Israel

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
2.b	Possession and/or use of a foreign passport	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
2.c	Military service or willingness to bear arms for a foreign country	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The exercise of dual citizenship

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

2.b

Possession and/or use of a foreign passport

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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

2.c

Military service or willingness to bear arms for a foreign country

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES