Guideline C: Foreign Preference
Guideline C of the National Security Adjudicative Guidelines governs the concern of security clearance applicants and holders having undue foreign influence over their lives. Foreign preference concerns arise where the applicant shows signs of a potential for having split loyalties between the United States and a second (and sometimes third) country and that the split loyalty may lead them to harm the national security interests of the United States government. Federal employees, military personnel, and defense contractors who are dual citizens or sustain foreign ties are not assumed to be a national security concern, but their backgrounds will take longer to adjudicate to ensure that there is not a threat to national security.
Common Foreign Preference Red Flags: Passports and Dual Citizenship
- Having dual citizenship is not a bar to a security clearance, but an applicant must be willing to surrender that dual citizenship if required.
- Note that applicants are not supposed to run to their nearest consulate or embassy and ask to renounce their citizenship, as this is an indication that the person may be applying for a security clearance in the United States.
- However, once in the security clearance process, an applicant or an individual with current security clearance eligibility should not apply for or accept citizenship of a foreign government.
- Similarly, having a foreign passport or foreign identity card is not disqualifying, but traveling on that foreign passport when entering or exiting the United States is a security concern.
- Some countries require passport holders to enter and exit their own country with that passport (as does the United States), but in this situation once should check with their security office prior to making reservations or traveling.
Foreign Activities
Working for a foreign government or accepting foreign military service can create a perception that one might favor that country’s interests over the United States. Much as U.S. military members and even some civilian employees swear allegiance to the United States, so do foreign government and military employees.
Making use of foreign citizenship to advance personal financial or business interests in foreign countries where it may conflict with security interests of the United States or violate U.S. law is also a concern.
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Mitigating Foreign Connections
Honesty and Full Disclosure
- Mitigation begins with initially filling out the SF-86 or other security forms correctly and honestly. If there is a concern that a particular contact or family member was left off the forms intentionally, that will create a security concern, even if the person omitted is not a concern themselves.
Document Everything
- Gathering a list of all foreign family members and foreign contacts prior to applying is beneficial, especially where an individual has an extensive list of people and entities to disclose.
- Similarly, recording all foreign financial transactions is wise. Applicants are often asked about money sent to overseas individuals or locations and being able to explain where money was sent, when, and for what purpose is critical to mitigate security concerns that may arise.
Timing
- Mitigation in most adjudicative guideline cases starts with time. The farther in time one is from a concerning incident, connection, or habit, the better.
- For foreign preference concerns, showing that the concerning foreign connections were made prior to being involved in the security clearance process or, even better, were prior to an individual becoming a U.S. citizen will help lessen the impact.
Magnitude
- Not all foreign ties are the same. Certain personal connections, foreign financial interests, or activities are either tenuous enough or of no real benefit to an individual that would make them likely to choose the foreign country over the United States.
- Example: Owning a small cottage on a family plot of land that has little more than sentimental value vs. inheriting a six-figure business that serves as a contractor to the home government.
Consult with a Guideline C Security Clearance Attorney
If you are applying for national security positions and have substantial connections to a foreign country of any kind, it is a good idea to consult with an experienced security clearance attorney.
While not every SF-86 needs an attorney’s assistance, where there are numerous foreign national connections, it can help to have an experienced set of eyes reviewing your security forms prior to beginning the background investigation.
If you do receive a letter of interrogatory (LOI) or Statement of Reasons (SOR), you have a limited time to respond, often as little as 7 days. Complying with agency notification and response deadlines can be stressful, and having security clearance lawyer who knows the process will help ease the confusion and stress.
Contact us today for a free confidential consultation about your foreign preference concerns.
