Summary
A 30-year-old U.S. citizen, who also holds dual citizenship with Taiwan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited that her parents are citizens and residents of Taiwan, and she maintains frequent, close contact with them and other family members living there. Additionally, the applicant exercised her Taiwanese citizenship by requesting and using a Taiwanese passport, indicating a preference over her U.S. passport.
The judge determined that the applicant's foreign family contacts created a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. Furthermore, her use of a Taiwanese passport demonstrated a preference for her Taiwanese citizenship.
While the applicant presented mitigating information, it was deemed insufficient to overcome the security concerns related to foreign influence and foreign preference. Consequently, the security clearance was DENIED.
Why the Applicant Was Denied
- The applicant's foreign family contacts created a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.
- The applicant exercised her Taiwanese citizenship by requesting and using a Taiwanese passport in preference to her U.S. passport.
- The mitigating information presented was insufficient to overcome the security concerns related to foreign influence and foreign preference.
Conditions Referenced
- AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights
- AG ¶ 10(b)raisedAcquisition of Foreign Citizenship
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 11(a)rejectedDual Citizenship Based on Parents' CitizenshipThe applicant's dual citizenship was not solely based on her parents' citizenship as she actively exercised her Taiwanese citizenship.
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant's willingness to surrender her Taiwanese passport was not credible as she needed it to serve as her parents' emergency contact.
- AG ¶ 11(c)rejectedExercise of Foreign Citizenship Rights Before U.S. CitizenshipThe applicant exercised her Taiwanese citizenship after becoming a U.S. citizen.
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedSep 14, 2015
- Answer filedSep 30, 2015Applicant elected to have her case decided on the written record.
- Hearing heldMar 30, 2016Hearing conducted with exhibits admitted into the record.
- Decision dateApr 7, 2016Transcript of the hearing received.
Cite For
- Heightened Risk of Foreign Exploitation Due to Foreign Family Contacts Under Guideline B
- Disqualifying Conditions Related to Foreign Preference Under Guideline C
- Insufficient Mitigating Conditions for Dual Citizenship Issues.