ISCR Case 20-01984

Case Headnote

ISCR Case No. 20-01984

grantedSep 7, 2021· Hon. Edward W. Loughran· hearing

Summary

The applicant, a 24-year-old engineer and U.S. citizen born in Taiwan, faced foreign influence concerns due to family ties in Taiwan. The administrative judge found that the applicant's strong allegiance to the U.S. and his financial interests in the U.S. outweighed potential risks, leading to a favorable decision granting eligibility for access to classified information.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has family members who are citizens and residents of Taiwan, which raises foreign influence concerns (1.a). Applicant's mother is a citizen and resident of Taiwan, which raises foreign influence concerns (1.b). Applicant has financial interests in Taiwan, which raises foreign influence concerns (1.c). Applicant's family friend is a citizen and resident of Taiwan, which raises foreign influence concerns (1.d). Applicant's internships in Taiwan raise foreign influence concerns (1.e). Applicant's ties to Taiwan do not create a conflict of interest (1.f).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant expressed undivided allegiance to the United States, stating he would remain American for life; The applicant's financial interests in the U.S. significantly outweighed his foreign financial interests, which were minimal; The applicant's family ties in Taiwan did not create a conflict of interest that would compromise U.S. interests.

Why the Applicant Prevailed

The applicant expressed undivided allegiance to the United States, stating he would remain American for life.
The applicant's financial interests in the U.S. significantly outweighed his foreign financial interests, which were minimal.
The applicant's family ties in Taiwan did not create a conflict of interest that would compromise U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 10, 2021
Answer filedMar 1, 2021
Hearing heldJul 20, 2021
Decision dateSep 7, 2021

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Allegiance in Security Clearance Decisions
Evaluation of Financial Interests in Determining Security Risks

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant has family members who are citizens and residents of Taiwan, which raises foreign influence concerns.	For Applicant	Extended Family in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant's mother is a citizen and resident of Taiwan, which raises foreign influence concerns.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant has financial interests in Taiwan, which raises foreign influence concerns.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(f) foreign interests are minimal and could not be used to influence	Documented Foreign Assets Divested
1.d	Applicant's family friend is a citizen and resident of Taiwan, which raises foreign influence concerns.	For Applicant	Friend in Foreign Country Friend	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	Applicant's internships in Taiwan raise foreign influence concerns.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.f	Applicant's ties to Taiwan do not create a conflict of interest.	For Applicant	Unspecified Foreign Relationship Other	null	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has family members who are citizens and residents of Taiwan, which raises foreign influence concerns.

For Applicant

Extended Family in Foreign Country

Immediate Family

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant's mother is a citizen and resident of Taiwan, which raises foreign influence concerns.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Applicant has financial interests in Taiwan, which raises foreign influence concerns.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(f) foreign interests are minimal and could not be used to influence

Documented

Foreign Assets Divested

1.d

Applicant's family friend is a citizen and resident of Taiwan, which raises foreign influence concerns.

For Applicant

Friend in Foreign Country

Friend

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

Applicant's internships in Taiwan raise foreign influence concerns.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.f

Applicant's ties to Taiwan do not create a conflict of interest.

For Applicant

Unspecified Foreign Relationship

Other

null

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION