ISCR Case 17-03488.h1

Case Headnote

ISCR Case No. 17-03488.h1

grantedJul 10, 2018· Hon. Eric H. Borgstrom· hearing

Summary

A 52-year-old naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed that the applicant's parents and two sisters are citizens and residents of Taiwan, with the applicant having weekly contact with his parents and providing them approximately $10,000 annually in financial support. He also had quarterly to monthly contact with his sisters. Additionally, the applicant's parents-in-law are citizens and residents of the People's Republic of China, with whom he had telephonic contact about every three months.

These facts raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 7(a) and AG ¶ 7(b). However, the applicant successfully mitigated these concerns by demonstrating strong ties to the U.S. and a commitment to national interests, applying mitigating condition AG ¶ 8(b).

The decision to grant the clearance was based on several factors. The applicant has resided in the U.S. since 1990, establishing deep personal and professional connections. He holds no foreign investments or property, with all his financial interests located within the U.S. Furthermore, his colleagues highly regard his character and work ethic, indicating reliability.

Why the Applicant Prevailed

The applicant has lived in the U.S. since 1990 and has established deep personal and professional ties here.
He has no foreign investments or property, and all his financial interests are in the U.S.
The applicant's character and work ethic are highly regarded by colleagues, indicating reliability.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's relationships with family members in Taiwan and the PRC create a potential conflict of interest.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections create a potential conflict of interest regarding classified information.

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's longstanding relationships and loyalty to the U.S. outweigh potential conflicts.

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding [sensitive] information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedOct 18, 2017
Answer filedNov 2, 2017
Hearing heldFeb 21, 2018
Decision dateJul 10, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Deep Personal and Professional Ties to the U.S.
Consideration of the Whole-person Concept in Security Clearance Determinations.

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 of and reside in Taiwan. Applicant has weekly telephonic contact with his parents, and he annually provides them approximately $10,000 in financial support.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant’s two sisters are citizens of and reside in Taiwan. Applicant has telephonic contact with his sisters about quarterly to monthly.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant’s parents-in-law are citizens of and reside in the PRC. Applicant has telephonic contact with his parents-in-law about every three months.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	People's Republic of China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d–1.e	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are citizens of and reside in Taiwan. Applicant has weekly telephonic contact with his parents, and he annually provides them approximately $10,000 in financial support.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.b

Applicant’s two sisters are citizens of and reside in Taiwan. Applicant has telephonic contact with his sisters about quarterly to monthly.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.c

Applicant’s parents-in-law are citizens of and reside in the PRC. Applicant has telephonic contact with his parents-in-law about every three months.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

People's Republic of China

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.d–1.e

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

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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES