ISCR Case 15-04276.h1

Case Headnote

ISCR Case No. 15-04276.h1

grantedMar 6, 2017· Hon. Robert E. Coacher· hearing

Summary

A 59-year-old U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance despite concerns under Guideline B (Foreign Influence) due to family ties in the PRC. The Statement of Reasons (SOR) alleged that the applicant's father, one sister, and mother-in-law are PRC citizens and residents. Additionally, the SOR noted that a niece, with whom the applicant previously communicated, is also a PRC citizen.

Specific allegations included that the applicant's 83-year-old retired father, a PRC citizen with no Communist Party affiliation, has had no contact with the applicant since 2009. The applicant's oldest sister, a local provincial clerk in the PRC with no Communist Party affiliation, occasionally participates in group texts with the applicant and another sister, but the applicant has not seen her in five years. The niece, a PRC citizen, had contact with the applicant from 2010 to 2014 while studying in the U.S., but communication ceased after December 2015, and she has no known ties to the Communist Party.

The security clearance was granted because the applicant demonstrated strong ties to the U.S., having resided there since 1983 and becoming a citizen in 2000. The applicant also showed limited contact with relatives in the PRC, mitigating the risk of foreign influence. Furthermore, the applicant has held a security clearance since 2006 without incident and is a respected engineer.

Why the Applicant Prevailed

The applicant has resided in the U.S. since 1983 and became a citizen in 2000, establishing strong ties to the country.
The applicant has limited contact with relatives in the PRC, reducing the risk of foreign influence.
The applicant has held a security clearance since 2006 without incident and is a respected engineer.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest
AG ¶ 8(c)rejectedCasual and Infrequent Contact

Key Rule Quoted

“The mere possession of close family ties with a family member is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedDec 13, 2015
Answer filedJan 13, 2016
Hearing heldAug 24, 2016
Decision dateMar 6, 2017

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Established Ties to the U.S. in Security Clearance Cases
Evaluation of Familial Relationships with Foreign Nationals in Security Clearance Determinations

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	The SOR alleges that Applicant’s father, one sister, and his mother-in law are all residents and citizens of the PRC. It also alleges his niece, with whom he regularly communicates, is a citizen and resident of the PRC.	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant’s father, who is 83 years old, is a resident and citizen of the PRC. He is retired. He has no affiliation with the Communist Party. Since Applicant’s mother died in 2009, he has not seen or spoken to his father. They have no relationship at all.	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant’s oldest sister is a resident and citizen of the PRC. She is a local provincial clerk. She has no affiliation with the Communist Party. Applicant occasionally will be a part of a group text with this sister, himself, and a younger sister who is a resident and citizen of the United States. They will text on special occasions such as birthdays. He has not seen this sister in five years.	For Applicant	Sibling in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	Applicant’s niece is a citizen of the PRC. Applicant had contact with her from 2010 to 2014 when she was a student attending school in this country. Applicant and his family lived close to where his niece went to graduate school and she visited their home on occasion during holidays. Applicant moved from that area in 2014 and he has not seen her since then. His last communication with her was in December 2015 when they either talked or texted on Christmas. He has no regular contact with her. He believes she is still in graduate school. She has no known ties to the Communist Party.	For Applicant	Extended Family in Foreign Country Extended Family	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The SOR alleges that Applicant’s father, one sister, and his mother-in law are all residents and citizens of the PRC. It also alleges his niece, with whom he regularly communicates, is a citizen and resident of the PRC.

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant’s father, who is 83 years old, is a resident and citizen of the PRC. He is retired. He has no affiliation with the Communist Party. Since Applicant’s mother died in 2009, he has not seen or spoken to his father. They have no relationship at all.

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Applicant’s oldest sister is a resident and citizen of the PRC. She is a local provincial clerk. She has no affiliation with the Communist Party. Applicant occasionally will be a part of a group text with this sister, himself, and a younger sister who is a resident and citizen of the United States. They will text on special occasions such as birthdays. He has not seen this sister in five years.

For Applicant

Sibling in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

Applicant’s niece is a citizen of the PRC. Applicant had contact with her from 2010 to 2014 when she was a student attending school in this country. Applicant and his family lived close to where his niece went to graduate school and she visited their home on occasion during holidays. Applicant moved from that area in 2014 and he has not seen her since then. His last communication with her was in December 2015 when they either talked or texted on Christmas. He has no regular contact with her. He believes she is still in graduate school. She has no known ties to the Communist Party.

For Applicant

Extended Family in Foreign Country

Extended Family

PRC

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

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 CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES