ISCR Case 04-08867.h1

Case Headnote

ISCR Case No. 04-08867.h1

deniedMay 31, 2006· Hon. Paul J. Mason· hearing

Summary

A 43-year-old linguist with dual U.S. and Lebanese citizenship was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The applicant's family ties in Lebanon included two sisters who are resident citizens, a third sister and brother residing in the U.S., and a brother who was imprisoned in 1998 for vehicular manslaughter. Additionally, one sister is seeking U.S. citizenship, and her husband is a colonel in the Lebanese Army. The applicant traveled to Lebanon twice, in July 1997 and February 2002, using a Lebanese passport obtained in July 1997, despite having become a U.S. citizen in September 1995 and possessing a valid U.S. passport from January 1996.

The denial was primarily based on the applicant's failure to disclose his foreign passport and travel history on multiple security clearance applications (SCAs) submitted in January 2003, September 2003, January 2004, and October 2004. On these applications, he answered "no" to questions regarding active foreign passports and omitted his travel to Lebanon in 1997.

While some mitigating factors were considered regarding foreign influence, the applicant's deliberate omission of information on his SCAs, coupled with his dual citizenship and use of a foreign passport, indicated questionable judgment and a preference for a foreign country over the U.S. These factors ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's questionable judgment in omitting required information on security clearance applications was not successfully rebutted.
The applicant's dual citizenship and use of a foreign passport indicated a preference for a foreign country over the U.S.
The applicant's foreign family ties, while sporadic, raised concerns about potential vulnerability to foreign influence.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence: Immediate Family Member Is a Citizen of a Foreign Country
E2.A3.1.2.1raisedForeign Preference: Exercise of Dual Citizenship
E2.A3.1.2.2raisedForeign Preference: Possession And/or Use of a Foreign Passport

Mitigating

E2.A2.1.3.1appliedForeign Influence: Immediate Family Members Are Not Agents of a Foreign Power
E2.A3.1.3.4appliedForeign Preference: Individual Has Expressed a Willingness to Renounce Dual Citizenship

Key Rule Quoted

“"Security clearance determinations should err, if they must, on the side of denials."”
— Egan, 481 U.S. at 531

Procedural Posture

SOR issuedMay 20, 2005
Answer filedJun 7, 2005
Hearing heldJan 5, 2006
Decision dateMay 31, 2006

Cite For

Denial Based on Questionable Judgment in Security Clearance Applications
Impact of Foreign Family Ties on Security Clearance Eligibility
Mitigating Factors for Foreign Influence and Preference Concerns

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's two sisters, resident citizens of Lebanon, were born in Kuwait.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	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	—
1.b	Applicant's third sister and brother, Lebanese citizens, are residing in the U.S.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	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	—
1.c	Applicant's 27-year-old brother was imprisoned in 1998 for a vehicular manslaughter conviction.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	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	—
1.d	The second sister is 39 years old. She is seeking U.S. citizenship. Her husband is a colonel in the Lebanese Army.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Lebanon	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	—
1.e	Applicant traveled twice to Lebanon in July 1997 and February 2002 on a Lebanese passport.	For Applicant	Unspecified Foreign Relationship Other	Lebanon	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	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's two sisters, resident citizens of Lebanon, were born in Kuwait.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

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

—

1.b

Applicant's third sister and brother, Lebanese citizens, are residing in the U.S.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

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

—

1.c

Applicant's 27-year-old brother was imprisoned in 1998 for a vehicular manslaughter conviction.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

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

—

1.d

The second sister is 39 years old. She is seeking U.S. citizenship. Her husband is a colonel in the Lebanese Army.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Lebanon

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

—

1.e

Applicant traveled twice to Lebanon in July 1997 and February 2002 on a Lebanese passport.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant exercises dual citizenship with the U.S. and Lebanon.	Against Applicant	Foreign Citizenship Acquisition or Application	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.	—	—
2.b	He received a Lebanese passport on July 19, 1997, even though he had become a U.S. citizen in September 1995, and possessed a valid U.S. passport he received in January 1996.	Against 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.	—	—
2.c	He used his Lebanese passport instead of his U.S. passport to enter and exit Lebanon in 1997 and 2002.	Against 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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant exercises dual citizenship with the U.S. and Lebanon.

Against Applicant

Foreign Citizenship Acquisition or Application

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.

—

2.b

He received a Lebanese passport on July 19, 1997, even though he had become a U.S. citizen in September 1995, and possessed a valid U.S. passport he received in January 1996.

Against 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.

—

2.c

He used his Lebanese passport instead of his U.S. passport to enter and exit Lebanon in 1997 and 2002.

Against 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.

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant deliberately omitted information from three SCAs in January 2003, September 2003, and January 2004, by answering "no" to question 15 asking for whether he had an active passport issued by a foreign government in the last seven years.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
3.b	Applicant deliberately omitted information from an SCA he submitted in October 2004 by answering "no" to question 15 asking whether he had an active passport issued by a foreign government in the last 7 years.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
3.c	Applicant caused to be electronically submitted 3 SCAs in January 2003, September 2003, and January 2004, but deliberately did not list his travel to Lebanon in July and August 1997.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
3.d	Applicant executed an SCA in August 2004, however, the allegation states he deliberately failed to list his travel to Lebanon in July and August 1997.	For Applicant	Omission or Failure to Disclose	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately omitted information from three SCAs in January 2003, September 2003, and January 2004, by answering "no" to question 15 asking for whether he had an active passport issued by a foreign government in the last seven years.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

3.b

Applicant deliberately omitted information from an SCA he submitted in October 2004 by answering "no" to question 15 asking whether he had an active passport issued by a foreign government in the last 7 years.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

3.c

Applicant caused to be electronically submitted 3 SCAs in January 2003, September 2003, and January 2004, but deliberately did not list his travel to Lebanon in July and August 1997.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

3.d

Applicant executed an SCA in August 2004, however, the allegation states he deliberately failed to list his travel to Lebanon in July and August 1997.

For Applicant

Omission or Failure to Disclose

—

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES