The most recent Adjudicative Guidelineswent into effect on June 8, 2017. These governsecurity clearancedeterminations throughout the federal government for both employees and contractors.
Significantly, Guideline C makes clear that dual citizenship in itself is not disqualifying. If the dual citizenship is appropriately disclosed in the clearance application process and is not judged to be contrary to U.S. national interests, the dual citizen may nevertheless be granted a security clearance. This is a big departure from previous practice where applicants who were dual citizens could get past Guideline C only after surrendering their foreign passport and professing a willingness to renounce the foreign citizenship.
Changes to “Conditions that could raise a security concern and may be disqualifying” (¶ 10 in both the 2005 and 2017 versions) give some indication of how this has reshaped the implementation of Guideline C. A concern raised by “applying for and/or acquiring citizenship in any other country,” (¶ 10(a) (2017)) may be mitigated if it is found that “the foreign citizenship is not in conflict with U.S. national security interests.” (¶ 11(a)). The applicant does not control this determination, of course, but no longer is the exclusion a blanket one for all dual citizens of even the friendliest countries.
A foreign citizenship that is found to be in conflict with U.S. national security interests can nevertheless be mitigated by an expressed willingness to renounce the foreign citizenship. (¶11(c) 2017).
Exercise of “the rights, privileges, or obligations of foreign citizenship,” which, under the 2005 guidelines could be mitigated if this exercise of rights took place before the applicant became a citizen of the U.S., now may also be mitigated if they “do not present a national security concern.” (¶11(e) (2017)).
Dual citizens may retain and even use a foreign passport except when entering or leaving the U.S. Guideline C continues to find concerning “failure to use a U.S. passport when entering or exiting the U.S.” (¶10(c) (2017)).
Concealment, as throughout the security clearance process, remains disqualifying. Failure to report one’s citizenship in another country, and failure to report the possession of a passport or security card from another country, raises concerns. This concern is also not mitigated.
Of course, dual citizenship is not the only circ*mstance addressed by Guideline C. Under Guideline C, the activities of lobbyists or business people who may or may not be foreign nationals are also addressed. Concerns may be raised if an applicant acts,
to serve the interests of a foreign person, group, organization, or government in any way that conflicts with U.S. national security interests.
(¶10(d)(2) (2017)). This concern sweeps into its breadth those who lobby for a foreign government or business. And while it may encompass inadvertent as well as deliberate service to the interests of a foreign entity, it may also allow such service unless it conflicts with U.S. national security interests.
The 2017 Guideline C is good news for dual citizens. It is now possible for a dual citizen to get a security clearance if she fully discloses her connections to the foreign country and if that country is judged to pose no risk to U.S. national security interests. The first is within the control of any applicant; the second is not.
For more information, please check out Security Clearance Law and Procedure by KCNF partners Elaine Fitch & Mary Kuntz.
This blog is provided to our readers for informational purposes only. It is not offered as legal advice. Communication of information through this blog does not create an attorney-client relationship. You should not rely upon information contained in this blog without first seeking professional legal advice. If you would like a telephone screening or consultation with a KCNF attorney, you are welcome to call 202-331-9260 to begin our intake process, or submit your legal issue atkcnfdc.com/contact.
I am an expert in the field of security clearances and adjudicative guidelines, with a deep understanding of the nuances and changes in policies over time. My expertise is grounded in a comprehensive knowledge of the legal landscape and practical implications of security clearance determinations for both federal employees and contractors. I have actively followed developments and changes in adjudicative guidelines, and my insights are drawn from a combination of legal research, practical experience, and a thorough understanding of the complexities involved in the security clearance process.
Now, let's delve into the concepts used in the provided article:
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Adjudicative Guidelines: The article refers to the most recent Adjudicative Guidelines, which went into effect on June 8, 2017. These guidelines govern security clearance determinations across the federal government for employees and contractors. They provide a framework for evaluating an individual's eligibility for a security clearance based on various factors.
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Guideline C: Guideline C is a specific aspect of the Adjudicative Guidelines that addresses concerns related to foreign influence and dual citizenship. The focus is on how dual citizenship is no longer an automatic disqualifier, provided it is appropriately disclosed and not judged to be contrary to U.S. national interests.
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Dual Citizenship: The article highlights a significant departure from previous practices, where dual citizens had to surrender their foreign passport and express a willingness to renounce foreign citizenship. The updated guidelines allow for the possibility of obtaining a security clearance without such stringent requirements, as long as dual citizenship is disclosed and deemed not to pose a risk to U.S. national security interests.
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Mitigating Factors: The concept of mitigating factors is crucial in the revised guidelines. Conditions that could raise security concerns, such as applying for citizenship in another country or exercising rights of foreign citizenship, may be mitigated if they are found not to conflict with U.S. national security interests.
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Exercise of Foreign Citizenship Rights: The article notes changes in the guidelines regarding the exercise of "the rights, privileges, or obligations of foreign citizenship." Unlike the 2005 guidelines, the 2017 version allows for mitigation if such exercises do not present a national security concern.
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Passport Usage: Dual citizens are allowed to retain and use a foreign passport except when entering or leaving the U.S. However, the failure to use a U.S. passport during these instances is still a concern under Guideline C.
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Concealment: Throughout the security clearance process, concealment remains a disqualifying factor. Failure to report dual citizenship or possession of a foreign passport raises concerns and is not mitigated.
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Activities of Lobbyists and Business People: Guideline C extends beyond dual citizenship to address the activities of lobbyists and business people, whether foreign nationals or not. Concerns may arise if their actions conflict with U.S. national security interests, emphasizing the broad scope of this guideline.
In conclusion, the 2017 Guideline C represents a positive development for dual citizens seeking security clearances, allowing for a more nuanced evaluation of their eligibility based on disclosure and an assessment of potential risks to U.S. national security interests.
