ISCR Case 04-06489.h1

Case Headnote

ISCR Case No. 04-06489.h1

grantedJan 27, 2006· Hon. Wilford H. Ross· hearing

Summary

A 65-year-old naturalized American citizen, originally from Israel, sought to retain his Secret-level DoD security clearance. The government raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) after the Applicant obtained an Israeli passport in 2002 and used both his American and Israeli passports to enter Israel during a 2002 trip for a family Bar Mitzvah. The Statement of Reasons (SOR) also noted that one of his three siblings resides in Israel, though the Applicant had not communicated with this brother since 1992 due to a family dispute.

Upon receiving the SOR in April 2005, the Applicant immediately renounced his Israeli citizenship and returned his Israeli passport to the Israeli Consulate. The judge found that these actions, along with the infrequent nature of his family ties in Israel and his long career in the American defense industry, mitigated the initial security concerns. His other brother is a naturalized American citizen with a prior security clearance and defense industry experience.

The judge determined that the Applicant's actions demonstrated compliance with security regulations and that his family ties in Israel did not pose a security risk. Consequently, the Applicant's security clearance was GRANTED.

Why the Applicant Prevailed

The Applicant renounced his Israeli citizenship and returned his Israeli passport, demonstrating compliance with security regulations.
The Applicant's family ties in Israel are infrequent and do not pose a security risk, as none are agents of a foreign power.
The Applicant has a long-standing career in the defense industry, with strong ties to the U.S. and a commitment to security responsibilities.

Conditions Referenced

Disqualifying

E2.A3.1.2.1.raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1.raisedAn 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

Mitigating

E2.A3.1.3.1.appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.4.appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
E2.A2.1.3.1.appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power
E2.A2.1.3.3.appliedContact and Correspondence with Foreign Citizens Is Casual and Infrequent

Key Rule Quoted

“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”

Procedural Posture

SOR issuedApr 15, 2005
Answer filedMay 6, 2005
Hearing heldAug 26, 2005
Decision dateJan 27, 2006

Cite For

Mitigation of Foreign Preference Through Renunciation of Citizenship
Evaluation of Foreign Influence Based on Infrequent Family Contact
Consideration of an Applicant's Long-term Commitment to U.S. National Security Interests

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 has three surviving siblings, two brothers and one sister. One brother is a naturalized American citizen, who worked many years in the American defense industry and had a security clearance. The Applicant's other brother lives in Israel. The Applicant has not spoken to, or seen, this brother since 1992. The break in communication occurred over the disposition of his mother's estate. The Applicant has no intention of contacting this brother in the future.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Other
2.b	The Applicant traveled to Israel in 2002, as described above. However, he used both his American and Israeli passports upon entering Israel. Each passport has an entry stamp from Israel for this trip.	For Applicant	Unspecified Foreign Relationship Other	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant has three surviving siblings, two brothers and one sister. One brother is a naturalized American citizen, who worked many years in the American defense industry and had a security clearance. The Applicant's other brother lives in Israel. The Applicant has not spoken to, or seen, this brother since 1992. The break in communication occurred over the disposition of his mother's estate. The Applicant has no intention of contacting this brother in the future.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Claimed

Other

2.b

The Applicant traveled to Israel in 2002, as described above. However, he used both his American and Israeli passports upon entering Israel. Each passport has an entry stamp from Israel for this trip.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant obtained an Israeli passport in 2002.	For Applicant	Foreign Passport Possession or Use	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	(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	—
1.b	The Applicant traveled to Israel in 2002 to attend the Bar Mitzvah of an American born relative.	For Applicant	Foreign Voting	Admitted	—	—	—
1.c	When the Applicant received the SOR in April 2005, he took immediate action to resolve the Government's concerns by sending his Israeli passport to the local Israeli Consulate and filing the paperwork to renounce his Israeli citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant obtained an Israeli passport in 2002.

For Applicant

Foreign Passport Possession or Use

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

(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

—

1.b

The Applicant traveled to Israel in 2002 to attend the Bar Mitzvah of an American born relative.

For Applicant

Foreign Voting

Admitted

—

1.c

When the Applicant received the SOR in April 2005, he took immediate action to resolve the Government's concerns by sending his Israeli passport to the local Israeli Consulate and filing the paperwork to renounce his Israeli citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

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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