ISCR Case 17-03688.h1

Case Headnote

ISCR Case No. 17-03688.h1

grantedJul 1, 2017· Hon. Darlene Lokey Anderson· hearing

Summary

A 32-year-old native-born American Cyber Security Analyst was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his wife's Taiwanese citizenship and family ties. The Statement of Reasons highlighted several points: his father-in-law is a Taiwanese citizen and resident, a well-established wood veneer company investor with no government ties, whom the applicant has only casual contact with, primarily through his wife. The applicant last visited Taiwan in May 2018.

Further concerns included the applicant's wife having a Taiwanese bank account with approximately $31,656, which she closed in May 2018, transferring the funds to the U.S. She also maintains government-required health insurance in Taiwan, which she intends to cancel upon U.S. naturalization. The applicant, however, demonstrated understanding of reporting requirements for foreign travel and disclosed all relevant foreign connections on his application, affirming his loyalty to the U.S.

The clearance was granted because the applicant's wife plans to renounce her Taiwanese citizenship and become a naturalized U.S. citizen. Additionally, the applicant's contact with his father-in-law was deemed limited and casual, and the applicant demonstrated strong ties to the U.S. and a commitment to national interests.

Why the Applicant Prevailed

The applicant's wife plans to renounce her Taiwanese citizenship and become a U.S. citizen.
The applicant has only limited and casual contact with his father-in-law in Taiwan.
The applicant demonstrated strong ties to the U.S. and a commitment to national interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person
AG ¶ 7(e)raisedShared Living Quarters with a Foreign National
AG ¶ 7(f)raisedSubstantial Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Loyalty to Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedSep 12, 2017
Answer filedSep 26, 2017
Hearing heldJul 30, 2018Applicant submitted additional documentation post-hearing.
Decision dateSep 6, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Impact of Spouse's Citizenship Status on Security Clearance Eligibility
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 father-in-law is a citizen and resident of Taiwan. He is in his early 60’s, and is an invested member of a wood veneer company. He has no associations with the Taiwanese government. He is fairly well established and receives no benefits from the Taiwanese government. He has never visited the U.S., and only speaks Mandarin. (Tr. p. 42.) Applicant’s only contact with him is casual and through his wife. He was recently diagnosed with cancer so contact with him through his wife may be more regular. He does not know any particulars about the Applicant’s job or the security clearance process. Applicant’s most recently traveled to Taiwan in May 2018 to visit his father-in-law. (Tr. p. 47.) Applicant stated that during his visit he did not witness any suspicious behavior by anyone trying to obtain sensitive, private or classified information. (Tr. p. 47.)	For Applicant	In Law in Foreign Country Immediate Family	Taiwan 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	—
1.b	Applicant’s wife had a bank account in Taiwan with approximately $31,656. In May 2018, Applicant’s wife traveled to Taiwan to close the bank account and eliminate future inheritance from her father. The bank funds were transferred to a bank in the United States. (Applicant’s Post-Hearing Exhibit A.) Applicant’s spouse maintains the government required health insurance system in Taiwan. As soon as his wife becomes a naturalized U.S. citizen, she intends to cancel this medical insurance, as she has never used it. (Tr. p. 58.) She has no other financial interests or property in Taiwan. (Tr. p. 36.)	For Applicant	Financial Support to Foreign Relative Immediate Family	Taiwan 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	—
1.c	Applicant understands his reporting requirements regarding foreign travel, that he must receive approval for all foreign travel and report it to his security officer. Applicant also disclosed his foreign travel, his wife’s foreign bank account and her Taiwanese medical insurance on this security clearance application. (Government Exhibit 1 and Tr. p. 50.) He states that he cannot be influenced by any of his wife’s family in any way to act contrary to the best interests of the United States. (Tr. p. 51.) He considers himself a loyal and patriotic U.S. citizen.	For Applicant	Unspecified Foreign Relationship Other	Taiwan 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	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's father-in-law is a citizen and resident of Taiwan. He is in his early 60’s, and is an invested member of a wood veneer company. He has no associations with the Taiwanese government. He is fairly well established and receives no benefits from the Taiwanese government. He has never visited the U.S., and only speaks Mandarin. (Tr. p. 42.) Applicant’s only contact with him is casual and through his wife. He was recently diagnosed with cancer so contact with him through his wife may be more regular. He does not know any particulars about the Applicant’s job or the security clearance process. Applicant’s most recently traveled to Taiwan in May 2018 to visit his father-in-law. (Tr. p. 47.) Applicant stated that during his visit he did not witness any suspicious behavior by anyone trying to obtain sensitive, private or classified information. (Tr. p. 47.)

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

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

—

1.b

Applicant’s wife had a bank account in Taiwan with approximately $31,656. In May 2018, Applicant’s wife traveled to Taiwan to close the bank account and eliminate future inheritance from her father. The bank funds were transferred to a bank in the United States. (Applicant’s Post-Hearing Exhibit A.) Applicant’s spouse maintains the government required health insurance system in Taiwan. As soon as his wife becomes a naturalized U.S. citizen, she intends to cancel this medical insurance, as she has never used it. (Tr. p. 58.) She has no other financial interests or property in Taiwan. (Tr. p. 36.)

For Applicant

Financial Support to Foreign Relative

Immediate Family

Taiwan

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

—

1.c

Applicant understands his reporting requirements regarding foreign travel, that he must receive approval for all foreign travel and report it to his security officer. Applicant also disclosed his foreign travel, his wife’s foreign bank account and her Taiwanese medical insurance on this security clearance application. (Government Exhibit 1 and Tr. p. 50.) He states that he cannot be influenced by any of his wife’s family in any way to act contrary to the best interests of the United States. (Tr. p. 51.) He considers himself a loyal and patriotic U.S. citizen.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

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

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION