Summary
A 52-year-old U.S. citizen and computer software engineer, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The applicant admitted to having parents, five siblings, parents-in-law, and brothers-in-law who are citizens and residents of Taiwan, as well as a childhood friend he visits there. These relationships raised disqualifying conditions related to foreign influence.
However, the applicant successfully demonstrated that these family and friend ties do not pose a security risk. He established that his relatives and friend are not in a position to make him vulnerable to exploitation, pressure, or coercion. The judge noted that his family members are ordinary citizens leading normal lives, which does not indicate a heightened risk of exploitation, inducement, manipulation, or duress.
The applicant also showed that his motivation for contact with his family and friend in Taiwan does not indicate a security risk. Crucially, his significant ties to the U.S., including citizenship and property ownership, were considered mitigating factors. Ultimately, the judge concluded that the applicant's connections to the U.S. and his family's ordinary lives in Taiwan mitigated any potential concerns, and the security clearance was granted.
Why the applicant prevailed
- The applicant established that his relatives and friend in Taiwan are not in a position to cause him to be vulnerable to exploitation, pressure, or coercion.
- The applicant's family members are ordinary citizens leading normal lives, which does not indicate a heightened risk of exploitation.
- The applicant has significant ties to the U.S., including citizenship, property ownership, and family, which mitigate concerns about foreign influence.
Conditions referenced
- FI DC 7(a)raisedContact with Foreign Family MembersThe applicant's family and friends in Taiwan raise concerns under this condition.
- FI DC 7(d)notedSharing Living Quarters with a Person Creating Risk
- FI DC 7(h)notedIndications of Increased Vulnerability to Exploitation
- FI MC 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's family and friend are in positions that make it unlikely he will be coerced.
- FI MC 8(b)appliedMinimal Conflict of InterestThe applicant has deep ties to the U.S. and minimal obligation to his family in Taiwan.
- FI MC 8(c)rejectedCasual and Infrequent ContactThe applicant's contacts with his relatives and friend are not casual.
Key rule quoted
“A person granted access to classified information enters into a special relationship with the government.”
Procedural posture
- SOR issuedMar 30, 2007
- Answer filedApr 16, 2007
- Hearing heldAug 15, 2007Applicant was unavailable for a hearing from July 10 to August 3, 2007.
- Decision dateSep 10, 2007
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Familial Ties in Security Clearance Decisions
- Impact of U.S.-Taiwan Relations on Security Clearance Evaluations