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(. )Tj
(On appeal, Applicant argues: \(a\) the ASDC3I memorandum was)Tj
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17.858 0 Td
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-17.858 -1.125 Td
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29.326 0 Td
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-29.326 -1.125 Td
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40.878 0 Td
(facts and)Tj
-40.878 -1.125 Td
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0 -1.125 TD
(application of the)Tj
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EMC
7.248 0 Td
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38.076 0 Td
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/Span<>> BDC
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EMC
16.3 0 Td
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-16.3 -2.125 Td
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23.317 0 Td
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30.048 0 Td
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27.285 0 Td
(though Applicant obtained an FC passport before)Tj
-27.285 -1.125 Td
(that memorandum was issued.)Tj
0 -2.125 TD
(\(b\) Even if the Board were to assume solely for the purposes of decidi\
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0 -1.125 TD
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/Span<>> BDC
( )Tj
EMC
9.833 0 Td
(past were consistent with then-existing DoD policy and standards, such a\
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-9.833 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
20.217 0 Td
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and)Tj
/Span<>> BDC
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EMC
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(standards. )Tj
/TT1 1 Tf
(See, e.g.)Tj
/TT0 1 Tf
7.608 0 Td
(, ISCR Case No. 01-)Tj
-39.017 -1.125 Td
(00783 \(December 19, 2001\) at p. 5.)Tj
0 -2.125 TD
(Applicant's reliance on two State Department documents \(Exhibits B and \
C\) does not demonstrate the Administrative)Tj
0 -1.125 TD
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/Span<>> BDC
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EMC
11.358 0 Td
(ASDC3I memorandum. )Tj
(Exhibit B is a document entitled "Dual Nationality" that appears on)Tj
-11.358 -1.125 Td
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EMC
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(recognizes that some foreign countries require dual nationals to use)Tj
-20.857 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
31.91 0 Td
(indicates that the U.S. government)Tj
-31.91 -1.125 Td
(affirmatively authorizes or approves of the use of a foreign passport in\
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35.129 0 Td
(See)Tj
/TT0 1 Tf
( ISCR Case No.)Tj
/Span<>> BDC
( )Tj
EMC
(99-0511)Tj
-35.129 -1.125 Td
(\(December 19, 2000\) at p. 13 \(State Department recognition of the exi\
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T*
(use of foreign)Tj
/Span<>> BDC
( )Tj
EMC
(passports, without the State Department endorsing or objecting to that p\
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T*
(Department approval or ratification of)Tj
/Span<>> BDC
( )Tj
EMC
15.521 0 Td
(the practice\). )Tj
5.469 0 Td
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-20.99 -1.125 Td
(Sheet on FC\) specifically notes that dual nationals may use their)Tj
/Span<>> BDC
( )Tj
EMC
25.966 0 Td
(U.S. passports to enter and leave FC. )Tj
15.053 0 Td
(Furthermore,)Tj
-41.02 -1.125 Td
(nothing in Exhibit C states or indicates that the U.S. government affirm\
atively authorizes or)Tj
/Span<>> BDC
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EMC
36.992 0 Td
(approves of the use of an)Tj
-36.992 -1.125 Td
(FC passport by a dual national. )Tj
12.693 0 Td
(Indeed, as noted by Department Counsel, Applicant conceded at the hearin\
g \(Hearing)Tj
-12.693 -1.125 Td
(Transcript at p. 145\) that he did not receive official U.S. government \
approval to use an FC passport. )Tj
40.601 0 Td
(Finally, nothing in)Tj
-40.601 -1.125 Td
(Executive Order 12968,)Tj
/Span<>> BDC
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EMC
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(willingness to relinquish the FC passport, when coupled with his)Tj
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EMC
33.857 0 Td
(the foreign preference concerns in)Tj
-33.857 -1.125 Td
(this case, which are magnified by the presence of close family members i\
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(obligation which makes him so reluctant to relinquish his FC passport.)Tj
0 -2.125 TD
(There is a factual and logical connection between Applicant's renewal of\
his FC passport and his ties to family members)Tj
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/Span<>> BDC
( )Tj
EMC
10.193 0 Td
(circumstances of Applicant's family ties in FC raise security concerns u\
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-20.303 -2.125 Td
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EMC
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(that his efforts were sponsored by the U.S. government or that his propo\
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/Span<>> BDC
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EMC
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(interests.)Tj
-23.385 -2.125 Td
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EMC
10.858 0 Td
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EMC
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(and Guideline B \(Foreign Influence\). )Tj
15.106 0 Td
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31.633 0 Td
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-31.633 -1.125 Td
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.)Tj
0 -2.125 TD
(It is not clearly consistent with the national interest to grant or cont\
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/TT1 1 Tf
21.225 -2.125 Td
(Appeal Issues)Tj
/TT0 1 Tf
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(1. )Tj
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/Span<>> BDC
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EMC
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-20.216 -2.125 Td
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/Span<>> BDC
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/Span<>> BDC
( )Tj
EMC
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-29.569 -1.125 Td
(appealing party.)Tj
0 -2.125 TD
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0 -1.125 TD
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/Span<>> BDC
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EMC
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/Span<>> BDC
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8.164 0 Td
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/Span<>> BDC
( )Tj
EMC
38.072 0 Td
(error)Tj
-46.235 -1.125 Td
(that warrants remand or reversal.)Tj
0 -2.375 TD
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/Span<>> BDC
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-19.744 -2.125 Td
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/Span<>> BDC
( )Tj
EMC
24.49 0 Td
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-24.49 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
33.322 0 Td
(Administrative Judge in her decision.)Tj
-33.322 -2.375 Td
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EMC
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/TT0 1 Tf
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(, ISCR Case No. 00-0050 \(July 23,)Tj
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(Because Applicant fails to)Tj
/Span<>> BDC
( )Tj
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(indicate how this alleged error in the hearing transcript reflects any f\
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(Applicant applied to renew his FC passport in 1997 when he was in FC. )Tj
29.024 0 Td
(Applicant stated that when he left FC, he forgot)Tj
-29.024 -1.125 Td
(the new FC passport in)Tj
/Span<>> BDC
( )Tj
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(Applicant has his previous FC passport, which was canceled. )Tj
39.468 0 Td
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-39.468 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
19.007 0 Td
(application was granted. Applicant has tried to get or replace the FC)Tj
-19.007 -1.125 Td
(passport because he did not want it to fall into the wrong hands and he \
wants)Tj
/Span<>> BDC
( )Tj
EMC
30.993 0 Td
(to maintain the ability to identify himself)Tj
-30.993 -1.125 Td
(when traveling to FC. )Tj
8.971 0 Td
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he FC)Tj
/Span<>> BDC
( )Tj
EMC
31.106 0 Td
(passport, but he has)Tj
-40.077 -1.125 Td
(made no effort to contact FC authorities to determine whether the FC pas\
sport was in fact renewed.)Tj
0 -2.125 TD
(In 1999, Applicant told an investigator: \(a\) all his foreign travel ha\
s been made with his U.S. passport; \(b\) he probably)Tj
0 -1.125 TD
(would be willing to)Tj
/Span<>> BDC
( )Tj
EMC
8.055 0 Td
(relinquish the FC passport if required for him to get access to classifi\
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-8.055 -1.125 Td
(renunciation of his FC citizenship as a denial of)Tj
/Span<>> BDC
( )Tj
EMC
19.356 0 Td
(his FC birth; \(c\) he foresaw the possibility of having to travel to FC\
on)Tj
-19.356 -1.125 Td
(an emergency or urgent basis to fulfill family obligations; \(d\) he den\
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/Span<>> BDC
( )Tj
EMC
30.075 0 Td
(had any known obligation of FC citizenship;)Tj
-30.075 -1.125 Td
(\(e\) although he referred to an inheritance on his security questionnai\
re, he indicated he was not aware)Tj
/Span<>> BDC
( )Tj
EMC
40.873 0 Td
(of any specific)Tj
-40.873 -1.125 Td
(financial asset in his name; \(f\) he denied any employment as an agent \
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T*
(any intent to)Tj
/Span<>> BDC
( )Tj
EMC
5.249 0 Td
(use a position of trust in the United States to influence decisions in o\
rder to serve the interests of FC in)Tj
-5.249 -1.125 Td
(preference to the United States.)Tj
0 -2.125 TD
(Applicant traveled to FC in late 1999 to visit his sister who was suffer\
ing from a serious illness. )Tj
38.578 0 Td
(Applicant entered FC)Tj
-38.578 -1.125 Td
(using his U.S. passport. )Tj
(Apart from a couple inquiries of his sister \(now deceased\), Applicant \
made no effort to locate)Tj
0 -1.125 TD
(the FC passport renewed following his application in)Tj
/Span<>> BDC
( )Tj
EMC
21.441 0 Td
(1997.)Tj
-21.441 -2.125 Td
(As of the hearing, Applicant has not made an effort to contact FC author\
ities about his missing FC passport or to ask)Tj
T*
(about procedures to)Tj
/Span<>> BDC
( )Tj
EMC
8.136 0 Td
(surrender it because he hoped to be able to continue to maintain his FC \
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-8.136 -1.125 Td
(purposes for himself and his family. )Tj
14.692 0 Td
(Applicant)Tj
/Span<>> BDC
( )Tj
EMC
4.193 0 Td
(indicated that surrender of his FC passport would have implications for)Tj
-18.885 -1.125 Td
(his family and his wife.)Tj
0 -2.125 TD
(Applicant has no intent to renounce his FC citizenship, but he would rel\
inquish his FC passport "with great reluctance")Tj
0 -1.125 TD
(if it was mandated in order)Tj
/Span<>> BDC
( )Tj
EMC
10.997 0 Td
(to get a security clearance.)Tj
-10.997 -2.125 Td
(Applicant's spouse is a naturalized U.S. citizen, and their two children\
are U.S. citizens by birth in this country.)Tj
T*
(Applicant's mother, father-in-law,)Tj
/Span<>> BDC
( )Tj
EMC
13.814 0 Td
(and two brothers are resident citizens of FC. )Tj
17.967 0 Td
(Applicant's mother is a retired professor)Tj
-31.782 -1.125 Td
(and his father-in-law is a retired businessman who had his)Tj
/Span<>> BDC
( )Tj
EMC
23.494 0 Td
(own company selling food products. )Tj
14.831 0 Td
(Applicant's brothers)Tj
-38.325 -1.125 Td
(both are professionals in FC: one is a physician with his own medical pr\
actice, the other)Tj
/Span<>> BDC
( )Tj
EMC
35.464 0 Td
(works at a clinic and teaches at)Tj
-35.464 -1.125 Td
(a university which receives FC funding.)Tj
0 -2.125 TD
(Applicant's father died in 1984. )Tj
12.844 0 Td
(Applicant inherited a fractional proportion of his father's estate \(inc\
luding half a house)Tj
-12.844 -1.125 Td
(which members of)Tj
/Span<>> BDC
( )Tj
EMC
7.692 0 Td
(Applicant's family are currently using\), but he realizes no financial b\
enefit from his interest in his)Tj
-7.692 -1.125 Td
(father's estate.)Tj
T*
(Former and current professional colleagues strongly support Applicant's \
application for a security clearance; they have)Tj
0 -1.125 TD
(confidence that Applicant)Tj
/Span<>> BDC
( )Tj
EMC
10.579 0 Td
(would comply with the obligations of a security clearance.)Tj
/TT1 1 Tf
5.909 -2.125 Td
(Administrative Judge's Conclusions)Tj
/TT0 1 Tf
-16.489 -2.125 Td
(Applicant's possession and use of an FC passport falls under the terms o\
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T*
(Assistant Secretary of)Tj
/Span<>> BDC
( )Tj
EMC
9.025 0 Td
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concerning)Tj
-9.025 -1.125 Td
(adjudication of security clearance cases involving)Tj
/Span<>> BDC
( )Tj
EMC
20.159 0 Td
(foreign passports. )Tj
(Applicant's inability to locate his current FC)Tj
-20.159 -1.125 Td
(passport does not eliminate security concerns because Applicant's renewa\
l of the)Tj
/Span<>> BDC
( )Tj
EMC
32.53 0 Td
(FC passport has Guideline C)Tj
-32.53 -1.125 Td
(implications.)Tj
0 -2.125 TD
(The fact that Applicant has misplaced his FC passport does not render th\
e ASDC3I memorandum inapplicable to his)Tj
0 -1.125 TD
(case. )Tj
(Applicant's decision)Tj
/Span<>> BDC
( )Tj
EMC
10.566 0 Td
(to make no effort to locate his missing FC passport does not amount to s\
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-10.566 -1.125 Td
(the terms of the ASDC3I memorandum. Moreover,)Tj
/Span<>> BDC
( )Tj
EMC
20.746 0 Td
(Applicant's claim that he obtained and used an FC passport because)Tj
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(Foreign Influence Mitigating Condition 1 in Applicant's case.)Tj
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(\(c\) The Board does not disagree with Applicant's argument that his pos\
session and use of an FC passport, in and of)Tj
0 -1.125 TD
(itself, does not demonstrate)Tj
/Span<>> BDC
( )Tj
EMC
11.248 0 Td
(he owes any duties or obligations toward FC. )Tj
18.359 0 Td
(However, Applicant's argument on this point)Tj
-29.606 -1.125 Td
(is flawed. )Tj
(There is no dispute that Applicant is a dual)Tj
/Span<>> BDC
( )Tj
EMC
21.55 0 Td
(national who is an FC citizen by birth and a naturalized U.S.)Tj
-21.55 -1.125 Td
(citizen, and there is no dispute that FC considers Applicant to be an FC\
citizen. )Tj
31.91 0 Td
(Whatever duties or obligations that)Tj
-31.91 -1.375 Td
(Applicant may have with respect to FC arise under FC law \(particularly \
when he is physically in FC\),)Tj
0 0 0.933 rg
9.75 0 0 9.75 503.8926 147.75 Tm
( \(13\))Tj
ET
q 1 0 0 1 503.8926 147 cm
0 0 m
18.681 0 l
h
S
Q
BT
0 g
12 0 0 12 522.5737 143.25 Tm
( not)Tj
/Span<>> BDC
( )Tj
EMC
(through)Tj
-42.214 -1.125 Td
(his possession or use of an FC passport. )Tj
(Furthermore, by applying for and renewing an FC passport, Applicant has)Tj
0 -1.375 TD
(exercised the rights)Tj
/Span<>> BDC
( )Tj
EMC
8.025 0 Td
(and privileges of an FC citizen,)Tj
0 0 0.933 rg
9.75 0 0 9.75 262.9258 117.75 Tm
( \(14\))Tj
ET
q 1 0 0 1 262.9258 117 cm
0 0 m
18.681 0 l
h
S
Q
BT
0 g
12 0 0 12 281.6069 113.25 Tm
( and whenever Applicant )Tj
10.274 0 Td
(travels to FC he places himself in a)Tj
-32.408 -1.375 Td
(position where FC officials could impose on him)Tj
/Span<>> BDC
( )Tj
EMC
19.831 0 Td
(the duties or obligations owed by FC citizens.)Tj
0 0 0.933 rg
9.75 0 0 9.75 473.9453 101.25 Tm
( \(15\))Tj
ET
q 1 0 0 1 473.9453 100.5 cm
0 0 m
18.681 0 l
h
S
Q
BT
0 g
12 0 0 12 492.6265 96.75 Tm
( )Tj
(Accordingly,)Tj
-39.719 -1.125 Td
(Applicant's argument about the significance of his FC passport fails to \
demonstrate)Tj
/Span<>> BDC
( )Tj
EMC
33.506 0 Td
(the Administrative Judge erred.)Tj
-33.506 -2.375 Td
(\(d\) There is no record evidence on whether FC is a country that has fr\
iendly relations with the United States.)Tj
0 0 0.933 rg
9.75 0 0 9.75 537.1855 59.25 Tm
( \(16\))Tj
ET
q 1 0 0 1 537.1855 58.5 cm
0 0 m
18.681 0 l
h
S
Q
BT
0 g
12 0 0 12 16 41.25 Tm
(Furthermore, it is not clear)Tj
/Span<>> BDC
( )Tj
EMC
10.941 0 Td
(whether the nature of foreign relations between the United States and sp\
ecific foreign)Tj
ET
EMC
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