ISCR Case 05-11287.h1

Case Headnote

ISCR Case No. 05-11287.h1

deniedDec 6, 2006· Hon. Joan Caton Anthony· hearing

Summary

A 64-year-old dual citizen of Israel and the U.S. was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's close family ties to Israel were a primary factor, as his two brothers, aged 70 and 74, reside in Israel. One brother is a dual U.S. and Israeli citizen, while the other holds Israeli and Moroccan citizenship. The applicant also traveled to Israel frequently, at least in 1998, 1999, 2001, 2004, and 2005, typically once a year to visit family.

During these trips, the applicant used his Israeli passport to enter and exit Israel, as required by Israeli law, while using his U.S. passport for travel to other countries. He possessed an Israeli passport issued in February 1997, extended in May 2004, and valid until December 2007.

Despite surrendering his Israeli passport, the judge found that the applicant failed to mitigate the security concerns. The denial was based on his use of an Israeli passport, which indicated a preference for a foreign country, his retention of Israeli citizenship without full renunciation, and his close familial ties and frequent travel to Israel, all of which raised concerns about conflicting allegiances.

Why the Applicant Was Denied

The applicant's use of an Israeli passport indicated a preference for a foreign country over the U.S.
The applicant retained his Israeli citizenship and did not fully renounce it, raising concerns about conflicting allegiances.
The applicant's close familial ties to Israeli citizens and his frequent travel to Israel contributed to the security concerns.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedDual Citizenship with a Foreign Country
E2.A3.1.2.2raisedPossession and Use of a Foreign Passport

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant acquired Israeli citizenship under the Law of Return, which does not qualify for mitigation.
E2.A3.1.3.2appliedCompulsory Military Service in a Foreign Country Before Obtaining U.S. Citizenship
E2.A3.1.3.4rejectedWillingness to Renounce non-U.S. CitizenshipThe applicant's willingness to renounce Israeli citizenship was outweighed by his retention of it and participation in a program allowing travel to Israel.

Key Rule Quoted

“The Guideline specifically provides that 'possession and/or use of a foreign passport' may be a disqualifying condition.”
— Money Memorandum, August 16, 2000

Procedural Posture

SOR issuedFeb 15, 2006
Answer filedFeb 23, 2006
Hearing heldOct 23, 2006
Decision dateDec 6, 2006

Cite For

Security Concerns Related to Dual Citizenship Under Guideline C
Impact of Foreign Passport Use on Security Clearance Eligibility
The Necessity of Renouncing Foreign Citizenship to Mitigate Security Concerns

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 has two living brothers, ages 70 and 74, and one living sister, who is 79. Applicant's two brothers are residents of Israel. Applicant's 70-year-old brother is a dual citizen of the U.S. and Israel, and the 74-year-old brother holds Israeli and Moroccan citizenship. At some time in the past, Applicant's 70-year old living brother came to the U.S. for three years, worked for Applicant in his printing business, and then returned to Israel.	Against Applicant	Sibling in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	—	—	—
2.b	Applicant traveled to Israel in at least 1998, 1999, 2001, 2004, and 2005. He usually travels to Israel about once a year to visit his brothers and their families. Applicant used his Israeli passport, as required by Israeli law, to enter and exit Israel. He presented his U.S. passport for entry and exit when he traveled to other countries.	Against Applicant	Unspecified Foreign Relationship Other	Israel HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has two living brothers, ages 70 and 74, and one living sister, who is 79. Applicant's two brothers are residents of Israel. Applicant's 70-year-old brother is a dual citizen of the U.S. and Israel, and the 74-year-old brother holds Israeli and Moroccan citizenship. At some time in the past, Applicant's 70-year old living brother came to the U.S. for three years, worked for Applicant in his printing business, and then returned to Israel.

Against Applicant

Sibling in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

—

2.b

Applicant traveled to Israel in at least 1998, 1999, 2001, 2004, and 2005. He usually travels to Israel about once a year to visit his brothers and their families. Applicant used his Israeli passport, as required by Israeli law, to enter and exit Israel. He presented his U.S. passport for entry and exit when he traveled to other countries.

Against Applicant

Unspecified Foreign Relationship

Other

Israel

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with Israel and the United States.	Against Applicant	Foreign Citizenship Acquisition or Application	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. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.b	Applicant possessed an Israeli passport issued in February 1997, extended on May 11, 2004, and valid until December 2007.	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. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.c	Applicant used his Israeli passport instead of his U.S. passport to enter and exit Israel.	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. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship with Israel and the United States.

Against Applicant

Foreign Citizenship Acquisition or Application

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.

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

—

1.b

Applicant possessed an Israeli passport issued in February 1997, extended on May 11, 2004, and valid until December 2007.

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.

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

—

1.c

Applicant used his Israeli passport instead of his U.S. passport to enter and exit Israel.

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.

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES