Summary
A 54-year-old naturalized U.S. citizen, holding both Taiwanese and Canadian citizenships, was denied eligibility for a public trust position. The denial was based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference).
The Statement of Reasons alleged that the applicant possessed a current foreign passport and had accepted benefits from a foreign country. Disqualifying conditions cited included the applicant's possession of a foreign passport and her exercise of the rights and privileges of foreign citizenship.
Despite the application of several mitigating conditions, the judge found that the applicant's continued possession and use of a valid Taiwanese passport after becoming a U.S. citizen, coupled with her unwillingness to renounce her foreign citizenships, indicated a preference for her foreign citizenship. Additionally, her familial ties to Taiwanese citizens, including a brother-in-law employed by the Taiwanese government, were determined to create a heightened risk of foreign influence. Consequently, the applicant's security clearance was denied.
Why the Applicant Was Denied
- The applicant continued to possess and use a valid Taiwanese passport after becoming a U.S. citizen.
- The applicant has not expressed a willingness to renounce her Taiwanese or Canadian citizenships.
- The applicant's familial ties to Taiwanese citizens, including a brother-in-law employed by the Taiwanese government, create a heightened risk of foreign influence.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 10(a)(1)appliedPossession of a Current Foreign Passport
- AG ¶ 10(a)(3)appliedAcceptance of Benefits From a Foreign Country
- AG ¶ 11(a)appliedDual Citizenship Based Solely on Parents' Citizenship
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant expressed a willingness to surrender her Taiwanese passport but did not express a willingness to renounce her citizenships.
- AG ¶ 11(d)rejectedUse of a Foreign Passport Approved by Security AuthorityThe applicant's use of her Taiwanese passport was not approved by a cognizant security authority.
- AG ¶ 11(e)rejectedPassport Has Been Destroyed or InvalidatedThe applicant has not taken steps to destroy or surrender her Taiwanese passport.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to sensitive information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedFeb 12, 2016
- Answer filedMar 7, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateFeb 23, 2017
Cite For
- Denial of Eligibility Due to Foreign Preference Under Guideline C
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Significance of Dual Citizenship and Foreign Passport Possession in Security Clearance Determinations.