Summary
The applicant, a 35-year-old mechanical engineer and U.S. citizen, has ties to Thailand through his Thai citizen wife and parents. He possesses a Thai passport and expressed reluctance to renounce his Thai citizenship, which raised security concerns under Guidelines B and C. The administrative judge found that the applicant failed to mitigate these concerns, resulting in a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An 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 (2.a). Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists (2.b). Contact with a foreign family member, friend, or associate that creates a potential for foreign influence (2.c). Failure to report or disclose a foreign association or relationship (2.d). Applicant applied for, was granted, and currently possesses a valid Thai passport (1.a). Applicant is reluctant to renounce his Thai citizenship (1.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A2.1.2.1, E2.A2.1.2.2. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.2, E2.A3.1.3.3, E2.A2.1.3.1, E2.A2.1.3.2. The decision turned on the following: Applicant maintained a Thai passport and expressed reluctance to renounce his Thai citizenship, indicating a preference for a foreign country; The applicant's immediate family members, including his wife and parents, are citizens of Thailand, creating potential for foreign influence; The applicant's ties to Thailand were deemed significant and not mitigated by his claims of U.S. loyalty.
Why the Applicant Was Denied
- Applicant maintained a Thai passport and expressed reluctance to renounce his Thai citizenship, indicating a preference for a foreign country.
- The applicant's immediate family members, including his wife and parents, are citizens of Thailand, creating potential for foreign influence.
- The applicant's ties to Thailand were deemed significant and not mitigated by his claims of U.S. loyalty.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn 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
- E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists
- E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryApplicant affirmatively applied for and received a Thai passport.
- E2.A3.1.3.2rejectedIndicators of Possible Foreign Preference (e.g. Foreign Military Service) Occurred Before Obtaining United States CitizenshipApplicant's dual citizenship was obtained through his own actions.
- E2.A3.1.3.3rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipApplicant's willingness to renounce is conditional and not fully committed.
- E2.A2.1.3.1rejectedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign PowerWhile family members are not agents of a foreign power, their citizenship creates potential for foreign influence.
- E2.A2.1.3.2rejectedContacts and Correspondence with Foreign Citizens Are Casual and InfrequentApplicant maintains regular contact with his family in Thailand.
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedAug 1, 2006
- Answer filedMay 15, 2006
- Hearing heldAug 22, 2006
- Decision dateSep 14, 2006
Cite For
- Foreign Preference Concerns Related to Dual Citizenship Under Guideline C
- Foreign Influence Due to Immediate Family Ties Under Guideline B
- Conditional Willingness to Renounce Citizenship as a Mitigating Factor