Summary
The applicant, a 48-year-old test engineer and naturalized U.S. citizen, faced security concerns under Guideline B (Foreign Preference) and Guideline E (Personal Conduct) due to his past employment in Taiwan, voting in a Taiwanese election, and possession of a Taiwanese passport. The judge found that the applicant's actions did not indicate a current preference for Taiwan, as he had severed ties with the country and expressed a willingness to renounce his Taiwanese citizenship. The judge concluded that the applicant's omissions on his SF 86 were not intentional falsifications, leading to a decision to grant the security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant was employed from August 1993 through June 1996 as a visiting scholar/associate professor at a university in Taiwan (1.a). While in Taiwan, he voted in an election (1.b). Applicant had a Taiwan passport which he used on three occasions (1.c). His foreign passport has now been destroyed (1.d). Applicant completed a Security Clearance Application, Standard Form (SF) 86, and failed to indicate he had a foreign passport or had visited a foreign country during the prior seven years (2.a). Applicant's answers were not intentional falsifications (2.b). Applicant no longer has ties with Taiwan and has expressed a willingness to renounce his Taiwanese citizenship (2.c).
The judge granted the clearance. The government raised disqualifying conditions DC 10(a), DC 16(a). The judge applied mitigating conditions MC 1(b), MC 11(e). The decision turned on the following: Applicant expressed a willingness to renounce his Taiwanese citizenship; Applicant no longer has ties with Taiwan and has destroyed his Taiwanese passport; The judge found the applicant's omissions on the SF 86 were not intentional falsifications.
Why the Applicant Prevailed
- Applicant expressed a willingness to renounce his Taiwanese citizenship.
- Applicant no longer has ties with Taiwan and has destroyed his Taiwanese passport.
- The judge found the applicant's omissions on the SF 86 were not intentional falsifications.
Conditions Referenced
- DC 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- DC 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- MC 1(b)appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- MC 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
Key Rule Quoted
“Deliberate omission, concealment, or falsification of a material fact in any written document or oral statement to the Government when applying for a security clearance is a security concern.”
Procedural Posture
- SOR issuedMar 30, 2007
- Answer filedApr 28, 2007
- Hearing heldJul 24, 2007
- Decision dateSep 14, 2007
Cite For
- Mitigation of Foreign Preference Concerns Due to Severed Ties with the Foreign Country
- Non-intentional Omissions on SF 86 Not Constituting Falsification
- Willingness to Renounce Foreign Citizenship as a Mitigating Factor