Summary
The applicant, a 35-year-old defense contractor with familial ties to Taiwan, faced security concerns under Guideline B due to his family's citizenship and alleged financial interests in Taiwan. The judge found that the applicant mitigated these concerns through infrequent contact with family, lack of government ties among relatives, and the transfer of property and funds to the U.S., ultimately granting him security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s parents are citizens and residents of Taiwan. However, they have been separated for more than 30 years. His mother is a retired nurse, and he contacts her only about four times a year (1.a). Applicant’s two sisters are citizens and residents of Taiwan. His oldest sister has mental health issues, and his youngest sister is a veterinarian. Applicant has little contact with his oldest sister, and only about four times a year with his youngest sister (1.b). Applicant’s mother-in-law and father-in-law are citizens and residents of Taiwan. His mother-in-law is a cook, and his father-in-law is retired. Through his wife, Applicant has contact with these in-laws about four times a year (1.c). Applicant’s sister-in-law is a citizen and resident of Taiwan. She is a full-time mother, and their contact is limited to about twice a year (1.d). Applicant maintains contact, about once or twice a year, with friends who are citizens of Taiwan, but for the most part reside in the United States. None are affiliated with the Taiwanese government (1.e). Applicant denies that he owns any real property in Taiwan. He transferred ownership to his wife, who is in the process of selling said property (1.f). Applicant denies that he has two bank accounts in Taiwan, valued at about $50,000. He has transferred said funds to the United States (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(f). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(f). The decision turned on the following: The applicant's contact with Taiwanese relatives is infrequent and lacks government ties; He transferred ownership of property in Taiwan to his wife, who is selling it; Funds from Taiwanese bank accounts have been transferred to the United States.
Why the Applicant Prevailed
- The applicant's contact with Taiwanese relatives is infrequent and lacks government ties.
- He transferred ownership of property in Taiwan to his wife, who is selling it.
- Funds from Taiwanese bank accounts have been transferred to the United States.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(f)raisedSubstantial Financial Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
- AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 2, 2019
- Answer filedSep 5, 2019
- Hearing heldJan 6, 2020
- Decision dateMay 21, 2020
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Infrequent Contact with Foreign Relatives as a Mitigating Factor
- Transfer of Foreign Property and Funds to the U.S. as a Mitigating Circumstance