ISCR Case 09-05557.h1

Case Headnote

ISCR Case No. 09-05557.h1

deniedMar 3, 2011· Hon. Thomas M. Crean· hearing

Summary

A 50-year-old project scientist, holding dual citizenship with the United States and Taiwan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's parents, siblings, and some nieces and nephews reside in Taiwan, with whom he maintains frequent contact via phone and email multiple times a month. He also travels to Taiwan annually for Chinese New Year visits.

Further concerns arose from his possession and use of a Taiwanese passport, renewed in 2002 and last used in February 2010, which he utilized for expedited entry and exit from Taiwan. In 2009, he also received a monetary payment from Taiwan as part of an economic stimulus program. While he denied voting in Taiwanese elections since becoming a U.S. citizen, these factors collectively raised disqualifying conditions related to foreign influence and preference.

Despite the application of some mitigating conditions, the judge determined that the applicant's strong and frequent family ties in Taiwan, coupled with his dual citizenship and use of a Taiwanese passport, created a heightened risk of foreign influence and indicated a preference for Taiwan. The applicant ultimately failed to demonstrate that his loyalty to the United States outweighed his obligations to his family in Taiwan, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's strong and frequent contact with family members in Taiwan raised security concerns under Guideline B.
The applicant's dual citizenship and use of a Taiwanese passport for travel indicated a preference for Taiwan, raising concerns under Guideline C.
The applicant failed to demonstrate that his loyalty to the United States outweighed his obligations to his family in Taiwan.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has frequent and continuing contact with his parents and siblings in Taiwan.
AG ¶ 7(b)raisedConnections to a Foreign CountryThe applicant's connections to Taiwan create a potential conflict of interest.
AG ¶ 10(a)raisedExercise of Foreign Citizenship RightsThe applicant's use of a Taiwanese passport and receipt of benefits from Taiwan indicate a preference for Taiwan.

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's strong family ties in Taiwan create a heightened risk of foreign exploitation.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's sense of loyalty to his family in Taiwan is stronger than his loyalty to the United States.
AG ¶ 8(c)rejectedCasual or Infrequent ContactThe applicant's frequent contact with family members in Taiwan does not mitigate the security concerns.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 8, 2010
Answer filedJul 30, 2010
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateMar 3, 2011

Cite For

Security Concerns Related to Foreign Influence Due to Familial Ties
Impact of Dual Citizenship on Security Clearance Eligibility
Evaluation of Foreign Preference 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
2.a	Applicant's parents, siblings, and nieces and nephews are residents and citizens of Taiwan. Applicant has frequent and continuing contact with his parents and siblings in Taiwan contacting them telephonically or by e-mail a number of times a month.	Against 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	—	—
2.b	Applicant returns to Taiwan each year during the Chinese New Year to visit his family. These contacts and travel to see family are a security concern and raise Foreign Influence Disqualifying Conditions.	Against 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	—	—
2.c	Applicant has little contact with his nieces and nephews. Applicant admits he has nieces and nephews who are citizens and residents of Taiwan, but he is not close to them.	For Applicant	Extended Family in Foreign Country Extended Family	Taiwan	Admitted	—	—	—
2.d	Applicant admits he has a Taiwanese passport that was renewed in 2002 and does not expire until July 19, 2012. He uses his Taiwanese passport to travel to and from Taiwan since it expedites his entry and exit.	Against Applicant	Unspecified Foreign Relationship Other	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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's parents, siblings, and nieces and nephews are residents and citizens of Taiwan. Applicant has frequent and continuing contact with his parents and siblings in Taiwan contacting them telephonically or by e-mail a number of times a month.

Against 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

—

2.b

Applicant returns to Taiwan each year during the Chinese New Year to visit his family. These contacts and travel to see family are a security concern and raise Foreign Influence Disqualifying Conditions.

Against 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

—

2.c

Applicant has little contact with his nieces and nephews. Applicant admits he has nieces and nephews who are citizens and residents of Taiwan, but he is not close to them.

For Applicant

Extended Family in Foreign Country

Extended Family

Taiwan

Admitted

—

2.d

Applicant admits he has a Taiwanese passport that was renewed in 2002 and does not expire until July 19, 2012. He uses his Taiwanese passport to travel to and from Taiwan since it expedites his entry and exit.

Against Applicant

Unspecified Foreign Relationship

Other

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant is a dual citizen of the United States and Taiwan.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.b	Applicant has a Taiwanese passport that was renewed in 2002 and last used in February 2010.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.c	Applicant denies voting in Taiwanese elections since becoming a United States citizen.	For Applicant	Foreign Voting	Denied	—	—	—
1.e	Applicant received a monetary payment from Taiwan in 2009 as a Taiwan citizen as part of an economic stimulus program.	Against Applicant	Foreign Benefits or Education	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant is a dual citizen of the United States and Taiwan.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.b

Applicant has a Taiwanese passport that was renewed in 2002 and last used in February 2010.

Against Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.c

Applicant denies voting in Taiwanese elections since becoming a United States citizen.

For Applicant

Foreign Voting

Denied

—

1.e

Applicant received a monetary payment from Taiwan in 2009 as a Taiwan citizen as part of an economic stimulus program.

Against Applicant

Foreign Benefits or Education

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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