ISCR Case 04-11906.h1

Case Headnote

ISCR Case No. 04-11906.h1

grantedApr 28, 2006· Hon. Wilford H. Ross· hearing

Summary

A 26-year-old American citizen with a Master's degree in Mathematics, employed by a defense contractor, sought a Secret-level security clearance. The Government raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), citing her prior application for Croatian citizenship and her connections to foreign nationals.

Specific allegations included her great-aunt and other extended relatives residing in Croatia, whom she visited multiple times between 2000 and 2005 and maintains regular contact with her great-aunt. She also had a friend in Croatia whom she visited, though their contact is now limited to approximately ten emails per year. Additionally, the Applicant served on the Board of Directors for the Friends of the Croatian Cultural Center, where she developed a romantic relationship in 2002 with a Consular Official, which ended due to an age difference and is now strictly professional.

The Applicant promptly revoked her Croatian citizenship upon notification of the Government's concerns. She also demonstrated that her relationships with foreign nationals did not pose a current security risk. The Administrative Judge found these actions and her credible testimony regarding loyalty to the United States sufficiently mitigated the Government's concerns, resulting in the security clearance being GRANTED.

Why the Applicant Prevailed

The Applicant revoked her Croatian citizenship promptly after being informed of the Government's concerns.
Her relationships with foreign nationals were not of a type that posed current security significance.
The Applicant provided credible testimony regarding her loyalty to the United States.

Conditions Referenced

Disqualifying

E2.A3.1.2.1.raisedThe Exercise of Dual Citizenship
E2.A2.1.2.3.raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government
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

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 issuedJul 19, 2005
Answer filedAug 9, 2005
Hearing heldOct 21, 2005
Decision dateApr 28, 2006

Cite For

Mitigation of Foreign Preference Under Guideline C
Mitigation of Foreign Influence Concerns Under Guideline B
Credibility of Applicant's Testimony Regarding Loyalty to the United States

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 one great-aunt residing in Croatia. She visited this aunt during summer vacation from college in 2000, 2001 and 2003. (Transcript at 22-24, 31-34 and Applicant's Exhibit D.) The Applicant also visited this aunt with some of her co-workers in 2005. (Transcript at 24-25, Applicant's Exhibit E.) She calls this elderly relative several times a year.	For Applicant	Extended Family in Foreign Country Immediate Family	Croatia	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Acknowledgment and Remorse
2.b	The Applicant has other extended relatives who live in Croatia. However, her aunt is the only relative who the Applicant has any continuing contact with.	For Applicant	Extended Family in Foreign Country Extended Family	Croatia	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Acknowledgment and Remorse
2.c	In addition to her relatives, the Applicant has a friend who lives in Croatia. At one time they were fairly close, and she visited him in Croatia. Now, however, they have drifted apart and may contact one another by email about ten times per year. (Transcript at 25-26.)	For Applicant	Friend in Foreign Country Friend	Croatia	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Acknowledgment and Remorse
2.d	The Applicant is one of the most involved members of the Board of Directors. The Consular Official is also someone who takes his responsibilities as a board member seriously. Accordingly, the two of them were behind many of the events at the Croatian/American Hall. (Applicant's Exhibit F.) The Applicant and the Consular Official became close and began a romantic relationship for several months in 2002. According to the Applicant, this relationship was not something that she was ashamed of. It ended on its own, primarily because of the almost 20 year difference in age between them. (Transcript at 40-47.) Their current relationship is strictly professional, primarily concerning the Croatian Cultural Center.	For Applicant	Foreign Government Contact Business or Professional Associate GOVT-AFFILIATED	Croatia	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Acknowledgment and Remorse

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant has one great-aunt residing in Croatia. She visited this aunt during summer vacation from college in 2000, 2001 and 2003. (Transcript at 22-24, 31-34 and Applicant's Exhibit D.) The Applicant also visited this aunt with some of her co-workers in 2005. (Transcript at 24-25, Applicant's Exhibit E.) She calls this elderly relative several times a year.

For Applicant

Extended Family in Foreign Country

Immediate Family

Croatia

Denied

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Acknowledgment and Remorse

2.b

The Applicant has other extended relatives who live in Croatia. However, her aunt is the only relative who the Applicant has any continuing contact with.

For Applicant

Extended Family in Foreign Country

Extended Family

Croatia

Denied

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Acknowledgment and Remorse

2.c

In addition to her relatives, the Applicant has a friend who lives in Croatia. At one time they were fairly close, and she visited him in Croatia. Now, however, they have drifted apart and may contact one another by email about ten times per year. (Transcript at 25-26.)

For Applicant

Friend in Foreign Country

Friend

Croatia

Denied

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Acknowledgment and Remorse

2.d

The Applicant is one of the most involved members of the Board of Directors. The Consular Official is also someone who takes his responsibilities as a board member seriously. Accordingly, the two of them were behind many of the events at the Croatian/American Hall. (Applicant's Exhibit F.) The Applicant and the Consular Official became close and began a romantic relationship for several months in 2002. According to the Applicant, this relationship was not something that she was ashamed of. It ended on its own, primarily because of the almost 20 year difference in age between them. (Transcript at 40-47.) Their current relationship is strictly professional, primarily concerning the Croatian Cultural Center.

For Applicant

Foreign Government Contact

Business or Professional Associate

GOVT-AFFILIATED

Croatia

Denied

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.	For Applicant	Foreign Citizenship Acquisition or Application	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	Documented Other
2.a	The Applicant applied to become a Croatian citizen.	For Applicant	Foreign Citizenship Acquisition or Application	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	Documented Other
2.b	The Applicant has family members overseas.	For Applicant	Unspecified Foreign Preference	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	Documented Other
2.c	The Applicant has a friend who lives in Croatia.	For Applicant	Unspecified Foreign Preference	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	Documented Other
2.d	The Applicant has been on the Board of Directors of the Friends of the Croatian Cultural Center.	For Applicant	Unspecified Foreign Preference	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	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.

For Applicant

Foreign Citizenship Acquisition or Application

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

Documented

Other

2.a

The Applicant applied to become a Croatian citizen.

For Applicant

Foreign Citizenship Acquisition or Application

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

Documented

Other

2.b

The Applicant has family members overseas.

For Applicant

Unspecified Foreign Preference

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

Documented

Other

2.c

The Applicant has a friend who lives in Croatia.

For Applicant

Unspecified Foreign Preference

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

Documented

Other

2.d

The Applicant has been on the Board of Directors of the Friends of the Croatian Cultural Center.

For Applicant

Unspecified Foreign Preference

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

Documented

Other

Loading case…

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