Summary
This case involved a U.S. citizen applicant with connections to Taiwan through his Taiwanese wife, raising security concerns under Guideline B (Foreign Influence). The Appeal Board reversed an initial favorable decision, finding that the judge did not sufficiently address the applicant's significant ties to Taiwan.
Specifically, the judge failed to adequately consider the wife's Taiwanese citizenship and her family connections in Taiwan, which were deemed to present substantial security concerns under Disqualifying Condition E2.7(a). The Board clarified that the government is not required to demonstrate that Taiwan specifically targets U.S. citizens for these concerns to be valid.
Furthermore, the Appeal Board determined that the judge's application of mitigating conditions E2.8(a), E2.8(b), E2.8(c), and E2.8(f) was not supported by the evidence in the record. Consequently, the initial decision was reversed, and no security clearance was granted at that stage.
Conditions Referenced
- E2.7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
- E2.8(a)rejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.The judge did not adequately explain how the evidence submitted by the applicant mitigates the security concerns.
- E2.8(b)rejectedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, of Country Is so Minimal, or the Individual Has Such Deep Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest
- E2.8(c)rejectedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence of Exploitation
- E2.8(f)rejectedThe Value or Routine Nature of the Foreign Business, Financial, or Property Interests Is Such That They Are Unlikely to Result in a Conflict and Could Not Be Used Effectively to Influence, Manipulate, or Pressure the Individual
Key Rule Quoted
“The government is not required to prove that a country specifically targets U.S. citizens in order to raise Guideline B security concerns.”
Procedural Posture
- SOR issuedApr 23, 2009
- Answer filed—
- Hearing heldSep 25, 2009
- Decision dateJan 21, 2010
Cite For
- Reversal of Favorable Decision Due to Inadequate Consideration of Foreign Influence Under Guideline B
- Government's Burden of Proof Regarding Foreign Influence Concerns
- Insufficient Application of Mitigating Conditions in the Context of Foreign Ties