ISCR Case 09-04217.h1

Case Headnote

ISCR Case No. 09-04217.h1

grantedJun 25, 2010· Hon. Rita C. O'Brien· hearing

Summary

A 47-year-old U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) regarding her familial ties in Taiwan. The Statement of Reasons highlighted that her parents were Taiwanese citizens, and her father, who passed away in 1999, had expressed strong disapproval of her marriage to an American. Additionally, her two brothers, aged 46 and 39, are citizens and residents of Taiwan. Her sister, also a Taiwanese citizen with a 12-year-old son, maintained weekly telephone contact with the applicant between 1991 and 2005 while residing in Taiwan.

Disqualifying conditions related to foreign influence were raised, specifically concerning her contact with her brothers and sister, and the fact that her parents were Taiwanese citizens. However, the judge found that these concerns were mitigated. The applicant demonstrated no financial interests, investments, or real estate in Taiwan. She maintains bank accounts in the U.S. and owns a home valued at approximately $500,000.

The decision to grant the clearance was based on several mitigating factors. The applicant's relationships with her family members in Taiwan were deemed minimal and infrequent, thereby reducing the risk of foreign influence. Furthermore, she demonstrated strong ties and loyalty to the United States, evidenced by her close relationship with her American in-laws, including her father-in-law, a former U.S. Navy commander, and her commitment to her son's needs.

Why the Applicant Prevailed

The applicant has no financial interests or investments in Taiwan.
Her relationships with family members in Taiwan are minimal and infrequent, reducing the risk of foreign influence.
The applicant demonstrated strong ties and loyalty to the United States, including her community involvement and family life.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons

Mitigating

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

Key Rule Quoted

“The presence or absence of disqualifying or mitigating conditions does not determine a conclusion for or against an applicant.”
— Directive.

Procedural Posture

SOR issuedDec 18, 2009
Answer filedJan 5, 2010
Hearing heldMar 24, 2010
Decision dateJun 25, 2010

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Minimal Familial Ties Reducing Risk of Coercion
Strong Community Ties as a Factor in Security 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	Contact with her brothers, the country in which they reside, and the facts surrounding her sister’s residence and future in the United States, make it unlikely Applicant would have to choose between the interests of her siblings and those of the U.S. government.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	Applicant’s parents were citizens and residents of Taiwan. Her father, who ran a small shoe business, died in 1999. He strongly disagreed with Applicant's decision to marry an American, believing it caused him to lose face among his family and friends.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Applicant’s two brothers (A and B) are citizens and residents of Taiwan. Brother A is 46 years old and Brother B is 39 years old.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	Applicant’s sister is a citizen of Taiwan, and has a 12-year-old son. Between 1991 and 2005 when the sister lived in Taiwan, they had weekly telephone contact.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	Applicant has no financial interests, investments, or real estate in Taiwan.	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	Applicant has a close relationship with her American in-laws. Her father-in-law, a former U.S. Navy commander and physician, stated in his letter of reference that she has 'gone to extraordinary lengths to provide (her son) the intensive services that he needed.'	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.g	Applicant has bank accounts in the United States and owns a home valued at approximately $500,000.	For Applicant	Foreign Real Estate Financial or Property Interest	—	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact with her brothers, the country in which they reside, and the facts surrounding her sister’s residence and future in the United States, make it unlikely Applicant would have to choose between the interests of her siblings and those of the U.S. government.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.b

Applicant’s parents were citizens and residents of Taiwan. Her father, who ran a small shoe business, died in 1999. He strongly disagreed with Applicant's decision to marry an American, believing it caused him to lose face among his family and friends.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.c

Applicant’s two brothers (A and B) are citizens and residents of Taiwan. Brother A is 46 years old and Brother B is 39 years old.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.d

Applicant’s sister is a citizen of Taiwan, and has a 12-year-old son. Between 1991 and 2005 when the sister lived in Taiwan, they had weekly telephone contact.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.e

Applicant has no financial interests, investments, or real estate in Taiwan.

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.f

Applicant has a close relationship with her American in-laws. Her father-in-law, a former U.S. Navy commander and physician, stated in his letter of reference that she has 'gone to extraordinary lengths to provide (her son) the intensive services that he needed.'

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.g

Applicant has bank accounts in the United States and owns a home valued at approximately $500,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

—

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES