ISCR Case 05-03532.h1

Case Headnote

ISCR Case No. 05-03532.h1

deniedMay 12, 2006· Hon. Philip S. Howe· hearing

Summary

A 54-year-old naturalized U.S. citizen and defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant holds dual citizenship with the U.S. and Israel and has not surrendered her Israeli passport. Her husband and children in the U.S. also hold dual citizenship, and other family members reside in Israel, where they are citizens.

The Statement of Reasons highlighted that the applicant possesses both U.S. and Israeli passports and has not surrendered the Israeli passport. It also noted that she failed to mitigate the foreign preference, foreign influence, or personal conduct security concerns. Although the applicant expressed a willingness to renounce her Israeli citizenship, this was not sufficient to overcome the concerns.

The denial was primarily based on the applicant's dual citizenship with Israel and her failure to surrender her Israeli passport. Additionally, the presence of family members in Israel raised potential foreign influence concerns. A significant factor in the denial was the applicant's failure to disclose her Israeli military service on her security clearance application, which constituted a deliberate omission of relevant facts.

Why the Applicant Was Denied

Applicant holds dual citizenship with Israel and has not surrendered her Israeli passport.
Applicant's family members reside in Israel, creating potential foreign influence concerns.
Applicant failed to disclose her Israeli military service on her security clearance application.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedDual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts From Security Questionnaire
E2.A5.1.2.4raisedPersonal Conduct Increasing Vulnerability to Coercion

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Based Solely on Parent's Citizenship or Birth in a Foreign CountryApplicant's dual citizenship is not solely based on her parent's citizenship.
E2.A3.1.3.2rejectedIndicators of Foreign Preference Occurred Before Obtaining U.S. CitizenshipApplicant's military service occurred before her naturalization but does not mitigate current concerns.
E2.A3.1.3.4rejectedWillingness to Renounce Dual CitizenshipWhile she expressed willingness to renounce, it does not mitigate the failure to surrender her passport.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedSep 12, 2005
Answer filedOct 7, 2005Applicant requested decision on written record.
Hearing held—No hearing; decided on written record.
Decision dateMay 12, 2006

Cite For

Foreign Preference Concerns Due to Dual Citizenship and Foreign Passport Possession
Foreign Influence Risks From Family Ties in a Foreign Country
Personal Conduct Issues Related to Failure to Disclose Military Service

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 husband and children in the U.S. have dual citizenship along with Applicant.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant has other family members who live in Israel where they are citizens.	Against Applicant	Extended Family in Foreign Country Extended Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant has not mitigated the foreign preference, foreign influence, or personal conduct security concerns.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	Applicant has not surrendered the Israeli passport.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(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 husband and children in the U.S. have dual citizenship along with Applicant.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Israel

HEIGHTENED RISK

Admitted

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

—

2.b

Applicant has other family members who live in Israel where they are citizens.

Against Applicant

Extended Family in Foreign Country

Extended Family

Israel

HEIGHTENED RISK

Admitted

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

—

2.c

Applicant has not mitigated the foreign preference, foreign influence, or personal conduct security concerns.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

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

—

2.d

Applicant has not surrendered the Israeli passport.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

(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 has a U.S. and Israeli passport, and she has not surrendered the Israeli passport.	Against 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.	—	—
1.b	Applicant has not mitigated the foreign preference, foreign influence, or personal conduct security concerns.	Against Applicant	Unspecified Foreign Preference	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. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.c	Applicant expressed a willingness to renounce that citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has a U.S. and Israeli passport, and she has not surrendered the Israeli passport.

Against 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.

—

1.b

Applicant has not mitigated the foreign preference, foreign influence, or personal conduct security concerns.

Against Applicant

Unspecified Foreign Preference

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.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.c

Applicant expressed a willingness to renounce that citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, or similar form used to determine security clearance eligibility or trustworthiness.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, or similar form used to determine security clearance eligibility or trustworthiness.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

(b) deliberately providing false information to an investigator or official

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES