ISCR Case 04-09168.h1

Case Headnote

ISCR Case No. 04-09168.h1

grantedDec 8, 2005· Hon. Claude R. Heiny II· hearing

Summary

A 51-year-old naturalized U.S. citizen, originally from Israel and working as an electronics engineer, sought a security clearance. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Specifically, issues included the applicant's Israeli half-sister residing in Bulgaria, multiple trips to Israel since becoming a U.S. citizen, and ownership of two apartments in Israel. Additionally, the applicant's dual citizenship and possession of a foreign passport were cited, though he had expressed a willingness to renounce his dual citizenship, and any indicators of foreign preference, such as foreign military service, occurred prior to obtaining U.S. citizenship.

Disqualifying conditions related to foreign influence and foreign preference were raised. However, several mitigating conditions were applied. The applicant demonstrated a willingness to renounce his dual citizenship by surrendering his Israeli passport. Concerns about foreign influence were further mitigated by his limited contact with his half-sister.

Furthermore, the applicant's financial interests in Israel were deemed minimal when compared to his substantial interests within the United States. Based on these factors, the judge concluded that the applicant's foreign ties did not pose an unacceptable risk to national security, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a willingness to renounce his dual citizenship by surrendering his Israeli passport.
The applicant's limited contact with his half-sister mitigated concerns of foreign influence.
The applicant's financial interests in Israel were minimal compared to his substantial interests in the U.S.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedDual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
E2.A3.1.3.2appliedForeign Military Service Occurred Before Obtaining U.S. Citizenship
E2.A2.1.3.1appliedFamily Members Are Not Agents of a Foreign Power
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 98-0419 (April 30, 1999) at p.5.

Procedural Posture

SOR issuedNov 5, 2004
Answer filedDec 16, 2004
Hearing heldJun 29, 2005
Decision dateDec 8, 2005

Cite For

Mitigation of Foreign Preference Concerns Due to Willingness to Renounce Citizenship
Limited Family Ties as a Mitigating Factor Under Guideline B
Minimal Foreign Financial Interests Not Posing a Security Risk

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's half sister is an Israeli citizen living in Bulgaria.	For Applicant	Sibling in Foreign Country Immediate Family	Bulgaria	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 Other
2.b	Applicant has traveled to Israel multiple times since becoming a U.S. citizen.	For Applicant	Unspecified Foreign Relationship Other	Israel	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 Other
2.c	Applicant owns two apartments in Israel.	For Applicant	Foreign Real Estate Financial or Property Interest	Israel	Denied	(h) foreign nationals acting to increase the individual’s vulnerability	(c) contact so casual and infrequent there is little likelihood of risk	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's half sister is an Israeli citizen living in Bulgaria.

For Applicant

Sibling in Foreign Country

Immediate Family

Bulgaria

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

Other

2.b

Applicant has traveled to Israel multiple times since becoming a U.S. citizen.

For Applicant

Unspecified Foreign Relationship

Other

Israel

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

Other

2.c

Applicant owns two apartments in Israel.

For Applicant

Foreign Real Estate

Financial or Property Interest

Israel

Denied

(h) foreign nationals acting to increase the individual’s vulnerability

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.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	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.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.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.c	Individual has expressed a willingness to renounce dual citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
1.d	Indicators of possible foreign preference (e.g., foreign military service) occurred before obtaining United States citizenship.	For Applicant	Foreign Military or Government Service	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.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

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

—

1.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.

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

—

1.c

Individual has expressed a willingness to renounce dual citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

1.d

Indicators of possible foreign preference (e.g., foreign military service) occurred before obtaining United States citizenship.

For Applicant

Foreign Military or Government Service

Admitted

—

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

—

1.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES