ISCR Case 17-03450.h1

Case Headnote

ISCR Case No. 17-03450.h1

grantedNov 28, 2018· Hon. Philip J. Katauskas· hearing

Summary

A 47-year-old naturalized U.S. citizen, originally from China, was granted a security clearance despite concerns under Guideline B (Foreign Influence) regarding family ties in China. The Statement of Reasons cited that her parents, both Chinese citizens and residents, were employed by a government-run institute of technology. Additionally, her mother-in-law and father-in-law are Chinese citizens and residents, with the father-in-law having been a member of the Chinese military. The applicant's sister-in-law is also a Chinese citizen and resident and an employee of the Chinese government.

Disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e) were raised. However, the judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c).

The decision to grant the clearance was based on several factors. The applicant demonstrated strong ties to the United States, including substantial assets and long-term residence. Her relationships with family members in China were found to be attenuated and infrequent, which reduced the risk of foreign influence. Furthermore, the applicant's credible testimony and community involvement indicated a commitment to U.S. interests.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including substantial assets and a long-term residence.
The relationships with her family members in China were characterized as attenuated and infrequent, reducing the risk of foreign influence.
The applicant's credible testimony and community involvement indicated a commitment to 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
AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons

Mitigating

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

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 12, 2017
Answer filedNov 10, 2017
Hearing heldJun 27, 2018mutually agreed date
Decision dateNov 28, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Personal and Professional Ties to the U.S. in Security Clearance Cases
Credibility of Applicant's Testimony as a Factor in Clearance Decisions

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’s parents are citizens and residents of China and both were employed by a government-run institute of technology.	For Applicant	Parent in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.b	Applicant’s mother-in-law and father-in-law are citizens and residents of China and the father-in-law was a member of the Chinese military.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.c	Applicant’s sister-in-law is a citizen and resident of China and is an employee of the Chinese government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.d–1.e	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are citizens and residents of China and both were employed by a government-run institute of technology.

For Applicant

Parent in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

1.b

Applicant’s mother-in-law and father-in-law are citizens and residents of China and the father-in-law was a member of the Chinese military.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

China

HEIGHTENED RISK

Admitted

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

1.c

Applicant’s sister-in-law is a citizen and resident of China and is an employee of the Chinese government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

China

HEIGHTENED RISK

Admitted

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

(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.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

1.d–1.e

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

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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

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES