ISCR Case 04-10186.h1

Case Headnote

ISCR Case No. 04-10186.h1

deniedMay 31, 2006· Hon. Robert J. Tuider· hearing

Summary

A 53-year-old software quality engineer, born in Iran, sought to renew his security clearance. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Specifically, the applicant was alleged to have exercised dual citizenship with Iran and the U.S., possessed a valid Iranian passport, and used it for travel to Iran in 2001 and 2002.

Regarding foreign influence, the applicant's parents and eleven younger siblings are resident citizens of Iran, as are his father-in-law, mother-in-law, and brother-in-law. Two of his sisters are school teachers whose salaries are paid by the Iranian government. The applicant also sends approximately $1,000.00 to $1,500.00 yearly to his mother in Iran.

While the applicant mitigated foreign preference concerns by surrendering his Iranian passport and renouncing his citizenship, he was unable to mitigate the foreign influence concerns. The decision noted that his immediate family members residing in Iran, particularly his parents, created potential vulnerabilities to foreign influence. Consequently, despite demonstrating loyalty to the U.S., his security clearance was denied.

Why the Applicant Was Denied

The applicant has immediate family members who are resident citizens of Iran, creating potential foreign influence concerns.
Despite demonstrating loyalty to the U.S., the applicant's ties to his parents in Iran raised security concerns regarding his vulnerability to foreign influence.

Conditions Referenced

Disqualifying

FI DC 1raisedAn 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.
FI DC 3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government.

Mitigating

FI MC 1appliedA Determination That the Immediate Family Member(s) in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
FI MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Directive ¶ E2.2.2

Procedural Posture

SOR issuedJun 22, 2005
Answer filedJul 11, 2005
Hearing heldOct 26, 2005
Decision dateMay 31, 2006

Cite For

Foreign Influence Concerns Due to Immediate Family Ties Under Guideline B
Mitigation of Foreign Preference Through Renunciation of Citizenship Under Guideline C
The Impact of Familial Obligations on Security Clearance Determinations

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 parents, and 11 younger siblings are resident citizens of Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Two of his sisters are school teachers whose salaries are paid by the Iranian government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iran HEIGHTENED RISK	Denied	(c) failure to report or disclose association with a foreign person/group/government	—	—
2.c	His father-in-law, mother-in-law, and brother-in-law are resident citizens of Iran.	For Applicant	In Law in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	He sends approximately $1,000.00 to $1,500.00 yearly to his mother in Iran.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	He traveled to Iran in 2001 and used his Iranian passport.	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's parents, and 11 younger siblings are resident citizens of Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

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

—

2.b

Two of his sisters are school teachers whose salaries are paid by the Iranian government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Denied

(c) failure to report or disclose association with a foreign person/group/government

—

2.c

His father-in-law, mother-in-law, and brother-in-law are resident citizens of Iran.

For Applicant

In Law in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

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

—

2.d

He sends approximately $1,000.00 to $1,500.00 yearly to his mother in Iran.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Iran

HEIGHTENED RISK

Denied

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

—

2.e

He traveled to Iran in 2001 and used his Iranian passport.

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with Iran and the U.S.	For 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.	(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	Documented Other
1.b	Applicant possessed a valid Iranian passport	For 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.	(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	Documented Other
1.c	Applicant used his Iranian passport instead of his U.S. passport on a visit to Iran in 2002	For Applicant	Foreign Passport Possession or Use	Denied	(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

1.a

Applicant exercised dual citizenship with Iran and the U.S.

For 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.

(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

Documented

Other

1.b

Applicant possessed a valid Iranian passport

For 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.

(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

Documented

Other

1.c

Applicant used his Iranian passport instead of his U.S. passport on a visit to Iran in 2002

For Applicant

Foreign Passport Possession or Use

Denied

(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.

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES