For many security clearance applicants and holders, having ties to another country is simply a part of modern life. Individuals may have been born overseas, hold dual citizenship, own foreign property, or have family living abroad. While none of these circumstances automatically prevent someone from obtaining or maintaining a security clearance, they can raise concerns under Guideline C – Foreign Preference of the National Security Adjudicative Guidelines (Security Executive Agent Directive 4).
Through our practice of representing individuals in clearance matters, we have found that Guideline C is often misunderstood. Many individuals assume that any connection to another country is disqualifying. In reality, adjudicators are concerned with whether an individual’s actions demonstrate a preference for a foreign country over the interests of the United States.
What Is Guideline C?
Guideline C is an adjudicative guideline which addresses conduct that may indicate an individual has placed the interests of a foreign country above those of the United States.
The government’s concern is not whether someone has a foreign heritage or family abroad. Rather, the issue is whether an individual’s actions call into question his or her allegiance, judgment, or willingness to comply with U.S. national security obligations.
Like all security clearance cases, Guideline C is evaluated through mitigation and under the whole-person concept, considering the totality of the circumstances.
Common Guideline C Issues
Some of the more common situations that may trigger a Guideline C review include:
- Voting in a foreign election.
- Exercising the rights or privileges of foreign citizenship.
- Using a foreign passport after becoming eligible for a U.S. security clearance.
- Accepting benefits that require an acknowledgment of allegiance to another country.
- Serving in a foreign military.
- Seeking or renewing foreign citizenship under circumstances that demonstrate a preference for another nation.
- Receiving health insurance or other benefits as a result of foreign citizenship.
Not every situation will result in a security clearance concern, but each may require additional explanation.
Dual Citizenship Is Not Automatically Disqualifying
One of the most common misconceptions is that dual citizenship automatically prevents someone from holding a security clearance. The rules no longer apply this requirement.
Many clearance holders are dual citizens. The government generally focuses less on the existence of dual citizenship than on how an individual exercises the rights associated with that citizenship.
For example, using a foreign passport or accepting benefits that require an affirmative exercise of foreign citizenship may receive greater scrutiny than simply having dual nationality by birth.
Guideline C vs. Guideline B
Applicants often confuse Guideline C (Foreign Preference) with Guideline B (Foreign Influence).
Although they frequently arise together, they address different concerns.
- Guideline B focuses on whether foreign family members, business interests, or relationships could create pressure or influence over the individual.
- Guideline C focuses on whether the individual’s own actions demonstrate a preference for another country over the United States.
Understanding this distinction is important because the government analyzes these issues differently.
Mitigation Is Often Possible
Fortunately, many Guideline C concerns can be mitigated.
Adjudicators may consider mitigating factors such as:
- The foreign citizenship does not conflict with U.S. national security interests.
- Dual citizenship is based solely on birth in a foreign country or having parental citizenship.
- The individual is willing to renounce his or her foreign citizenship if it comes into conflict with U.S. national security interests.
- The exercise of rights or benefits took place prior to the individual becoming a U.S. citizen.
- Receiving rights or benefits from foreign citizenship does not present a national security concern.
- The foreign preference is a low national security risk
As with many security clearance issues, candor and cooperation are often critical in demonstrating mitigation.
Final Thoughts
Guideline C cases are not about punishing individuals for their heritage or international connections. Instead, they are intended to ensure that individuals entrusted with access to classified information demonstrate loyalty to the United States and do not take actions that suggest a preference for another nation.
For security clearance holders and applicants, understanding the distinction between foreign preference and foreign influence, and fully disclosing any relevant circumstances, can go a long way toward avoiding unnecessary complications during the clearance process.
This article is for informational purposes only and should not be construed as legal advice. Security clearance rules, the National Security Adjudicative Guidelines, and agency policies may change, and readers should consult counsel regarding their specific circumstances.
