ISCR Case 09-04073.h1

Case Headnote

ISCR Case No. 09-04073.h1

grantedJul 1, 2009· Hon. Carol G. Ricciardello· hearing

Summary

The applicant, a 42-year-old East Asian linguist with a background in teaching English and a strong interest in East Asian cultures, faced security concerns under Guideline B due to his extensive contacts with Chinese citizens. The judge found that the applicant mitigated these concerns by demonstrating a lack of divided loyalties, no financial interests in China, and a commitment to U.S. interests, ultimately granting his security clearance.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s five former tutors were citizens and residents of China and one was affiliated with the Chinese Communist Party (1.d). Applicant has a friend who is a citizen and resident of China (1.e). Five former students of Applicant are citizens and residents of China and two of them are employed by the Chinese government (1.f). Applicant had contact with two former coworkers who are citizens and residents of China (1.g). Applicant has a friend and former coworker who is a citizen of the United Kingdom (UK) and resides in China (1.h). Applicant has another friend who is a citizen of China and resides in the United States (1.i). Applicant’s two current tutors are citizens of China and reside in the United States (1.j).

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), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated a lack of divided loyalties and strong ties to the United States; He provided credible testimony and evidence showing that his contacts with Chinese citizens were strictly professional and educational; The applicant's work performance and character were supported by credible witnesses, including a coworker with a Top Secret clearance.

Why the Applicant Prevailed

The applicant demonstrated a lack of divided loyalties and strong ties to the United States.
He provided credible testimony and evidence showing that his contacts with Chinese citizens were strictly professional and educational.
The applicant's work performance and character were supported by credible witnesses, including a coworker with a Top Secret clearance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Contacts and Interests
AG ¶ 7(b)raisedPotential for Manipulation or Coercion

Mitigating

AG ¶ 8(a)appliedThe Nature of the Foreign Contacts
AG ¶ 8(b)appliedThe Applicant's Intent and Purpose for Contacts
AG ¶ 8(c)appliedThe Applicant's Family Ties and Loyalty to the U.S.

Key Rule Quoted

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

Procedural Posture

SOR issuedUndated
Answer filedJan 15, 2010
Hearing heldMay 5, 2010Rescheduled due to an error on the SOR.
Decision dateNot specified

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Credible Character References in Security Clearance Cases
Evaluation of Foreign Contacts in the Context of Professional Relationships

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–1.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK		—	—	—
1.d	Applicant’s five former tutors were citizens and residents of China and one was affiliated with the Chinese Communist Party.	For Applicant	Extended Family in Foreign Country Other GOVT-AFFILIATED	China HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.e	Applicant has a friend who is a citizen and resident of China.	For Applicant	Friend in Foreign Country Friend	China HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.f	Five former students of Applicant are citizens and residents of China and two of them are employed by the Chinese government.	For Applicant	Sibling in Foreign Country Extended Family GOVT-AFFILIATED	China HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.g	Applicant had contact with two former coworkers who are citizens and residents of China.	For Applicant	Business Associate in Foreign Country Business or Professional Associate	China HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.h	Applicant has a friend and former coworker who is a citizen of the United Kingdom (UK) and resides in China.	For Applicant	Friend in Foreign Country Friend	United Kingdom HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.i	Applicant has another friend who is a citizen of China and resides in the United States.	For Applicant	Friend in Foreign Country Friend	China HEIGHTENED RISK	Unknown	(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. (c) contact so casual and infrequent there is little likelihood of risk	—
1.j	Applicant’s two current tutors are citizens of China and reside in the United States.	For Applicant	Foreign Employment or Pension Other	China HEIGHTENED RISK	Unknown	(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. (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–1.c

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

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

—

1.d

Applicant’s five former tutors were citizens and residents of China and one was affiliated with the Chinese Communist Party.

For Applicant

Extended Family in Foreign Country

Other

GOVT-AFFILIATED

China

HEIGHTENED RISK

Unknown

(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.

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

—

1.e

Applicant has a friend who is a citizen and resident of China.

For Applicant

Friend in Foreign Country

Friend

China

HEIGHTENED RISK

Unknown

(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.

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

—

1.f

Five former students of Applicant are citizens and residents of China and two of them are employed by the Chinese government.

For Applicant

Sibling in Foreign Country

Extended Family

GOVT-AFFILIATED

China

HEIGHTENED RISK

Unknown

(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.

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

—

1.g

Applicant had contact with two former coworkers who are citizens and residents of China.

For Applicant

Business Associate in Foreign Country

Business or Professional Associate

China

HEIGHTENED RISK

Unknown

(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.

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

—

1.h

Applicant has a friend and former coworker who is a citizen of the United Kingdom (UK) and resides in China.

For Applicant

Friend in Foreign Country

Friend

United Kingdom

HEIGHTENED RISK

Unknown

(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.

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

—

1.i

Applicant has another friend who is a citizen of China and resides in the United States.

For Applicant

Friend in Foreign Country

Friend

China

HEIGHTENED RISK

Unknown

(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.

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

—

1.j

Applicant’s two current tutors are citizens of China and reside in the United States.

For Applicant

Foreign Employment or Pension

Other

China

HEIGHTENED RISK

Unknown

(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.

(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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES