ISCR Case 05-04516.h1

Case Headnote

ISCR Case No. 05-04516.h1

grantedMar 27, 2006· Hon. LeRoy F. Foreman· hearing

Summary

A 35-year-old senior software engineer, born in New Zealand, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his dual citizenship with New Zealand, possession of an active New Zealand passport, and past professional contact with New Zealand embassy officials. Further concerns included his employment with the New Zealand federal government from 1994 to 1998, work in a New Zealand naval dockyard, and the fact that his mother and five siblings are New Zealand citizens and residents. He also maintained two small bank accounts in New Zealand.

To mitigate these issues, the applicant surrendered his New Zealand passport to the appropriate authority. He also demonstrated that his family members residing in New Zealand are not connected to government or defense-related industries.

Additionally, the applicant expressed a willingness to renounce his dual citizenship if required. The judge ultimately found that the applicant's foreign ties did not pose a risk to national security, and the security clearance was granted.

Why the Applicant Prevailed

The applicant surrendered his New Zealand passport to the appropriate authority.
His family members in New Zealand are not connected to government or defense-related industries.
The applicant expressed willingness to renounce his dual citizenship if necessary.

Conditions Referenced

Disqualifying

DC 1raisedDual Citizenship
DC 2raisedPossession of Foreign Passport
DC 8rejectedSubstantial Financial Interest in Foreign CountryThe applicant's small bank accounts in New Zealand do not constitute a substantial financial interest.

Mitigating

MC 1appliedDual Citizenship Based on BirthThe applicant acquired dual citizenship by virtue of his birth in New Zealand.
MC 2appliedForeign Preference Indicators Before U.S. CitizenshipThe applicant's foreign passport use and social contacts occurred before he became a U.S. citizen.
MC 4appliedWillingness to Renounce Dual CitizenshipThe applicant expressed willingness to renounce his dual citizenship.
MC 1appliedFamily Members Not Agents of Foreign PowerThe applicant's family members are not connected to the New Zealand government or industries involved in espionage.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJul 29, 2005
Answer filedSep 14, 2005
Hearing heldFeb 22, 2006
Decision dateMar 27, 2006

Cite For

Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passport
Family Ties to Foreign Country Not Posing a Security Risk When Family Members Are Not Connected to Government
Willingness to Renounce Dual Citizenship as a Mitigating Factor

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 mother and five siblings are citizens and residents of New Zealand.	For Applicant	Parent in Foreign Country Immediate Family	New Zealand	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	—
2.b	Applicant has five siblings who are citizens and residents of New Zealand.	For Applicant	Sibling in Foreign Country Immediate Family	New Zealand	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	—
2.c	Applicant maintains two small bank accounts in New Zealand.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	New Zealand	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother and five siblings are citizens and residents of New Zealand.

For Applicant

Parent in Foreign Country

Immediate Family

New Zealand

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

—

2.b

Applicant has five siblings who are citizens and residents of New Zealand.

For Applicant

Sibling in Foreign Country

Immediate Family

New Zealand

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

—

2.c

Applicant maintains two small bank accounts in New Zealand.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

New Zealand

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant holds dual citizenship with New Zealand.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	Credited Other
1.b	The applicant possesses an active New Zealand 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.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Credited Other
1.c	The applicant has maintained professional contact with employees and officials of the New Zealand embassy.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.d	The applicant worked for the New Zealand federal government from 1994 to 1998.	For Applicant	Foreign Military or Government Service	Denied	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.e	The applicant worked in a New Zealand naval dockyard.	For Applicant	Foreign Military or Government Service	Admitted	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant holds dual citizenship with New Zealand.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

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

Credited

Other

1.b

The applicant possesses an active New Zealand 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.

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

Credited

Other

1.c

The applicant has maintained professional contact with employees and officials of the New Zealand embassy.

For Applicant

Unspecified Foreign Preference

Denied

—

1.d

The applicant worked for the New Zealand federal government from 1994 to 1998.

For Applicant

Foreign Military or Government Service

Denied

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

—

1.e

The applicant worked in a New Zealand naval dockyard.

For Applicant

Foreign Military or Government Service

Admitted

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

Credited

Other

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES