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Summary

The applicant, a 54-year-old vice-president of a defense contractor, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained dual citizenship with Israel and Canada, held an Israeli passport, and had family ties in Israel, which raised concerns about potential foreign influence and preference. The judge denied the application, finding insufficient evidence of the applicant's commitment to U.S. loyalty and unresolved issues regarding his foreign citizenship.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's elderly and ailing mother is a citizen of Israel and resides in Israel; (2.a). Applicant's brother is a citizen of Israel and resides in Israel. The brother is about 50 years old and handicapped (2.b). Applicant's sister is a citizen of Israel and resides in Israel; (2.c). Applicant's three children are citizens of the U.S., Canada and Israel, and all reside in the U.S (2.d). Applicant is a citizen of the United States (U.S.), Canada, and Israel; (1.a). Applicant has used an Israeli passport to travel to Israel, once or twice a year, since becoming a U.S. citizen in June 1996. He last used the Israeli passport to travel to Israel in November and December 1999, when he visited his mother and other relatives and friends; (1.b). Applicant currently holds a valid Israeli passport, having renewed it prior to its expiration in 1999. Applicant possessed a Canadian passport when he resided in that country, but did not renew it upon its expiration, after moving to the U.S., and does not currently possess a Canadian passport (1.c). Applicant maintains his Canadian citizenship because he worked for several years in that country and believes he needs citizenship to qualify for Canadian retirement benefits in the future. He has not checked to determine his actual eligibility and he does not know how large the retirement benefits might be. He believes the amount, if any, would be "insignificant," compared to potential U.S. retirement benefits (1.d). Applicant maintains his Israeli passport, in part, because he worked for many years in that country and believes Israeli citizenship is necessary to make him eligible to receive retirement benefits from Israel in the future. He believes the amount, if any, would be smaller than his potential retirement benefits under the U.S. Social Security System. In addition, he maintains Israeli citizenship and an Israeli passport to assist him in visiting his relatives in that country, because he believes the Israeli government considers him to be a citizen of that country and requires him to use its passport when traveling there. He is aware that he can renounce his Israeli citizenship, through a process that may take up to a year to complete and, that if he did so, he could then travel to that country using his U.S. citizenship and U.S. passport. He has chosen not to do so, primarily because he is concerned about the possible effect on his retirement benefits (1.e).

The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.4, E2.A3.1.2.6. The decision turned on the following: The applicant maintained dual citizenship with Israel and Canada, raising concerns under Guideline C; The applicant's use of an Israeli passport for travel to Israel indicated a preference for a foreign country; The applicant's family ties in Israel created potential for foreign influence under Guideline B.

Why the Applicant Was Denied

• The applicant maintained dual citizenship with Israel and Canada, raising concerns under Guideline C.
• The applicant's use of an Israeli passport for travel to Israel indicated a preference for a foreign country.
• The applicant's family ties in Israel created potential for foreign influence under Guideline B.

Conditions Referenced

Key Rule Quoted

“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

• SOR issuedAug 18, 1999
• Answer filedSep 22, 1999
• Hearing heldDec 8, 1999
• Decision dateJan 18, 1999

Cite For

• Foreign Preference Concerns Due to Dual Citizenship
• Foreign Influence Due to Family Ties Abroad
• Impact of Foreign Passport Use on Security Clearance Eligibility