Summary
Darlene D. Lokey Anderson, Administrative Judge, granted security clearance to a 55-year-old applicant with foreign family ties in Taiwan under Guideline B (Foreign Influence). The applicant, a naturalized U.S. citizen, demonstrated minimal contact with his family in Taiwan, who are supportive of his American citizenship and have no affiliation with the Taiwanese government. The judge found that the applicant's long-standing ties to the U.S. and significant financial interests here mitigated any potential foreign influence concerns.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (1.a). The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (1.b). The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (1.c). The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has lived in the U.S. for 29 years and is a naturalized citizen; He has significant financial assets in the U.S. exceeding one million dollars; The applicant's family in Taiwan has no knowledge of his security clearance application and is not affiliated with the Taiwanese government.
Why the Applicant Prevailed
- The applicant has lived in the U.S. for 29 years and is a naturalized citizen.
- He has significant financial assets in the U.S. exceeding one million dollars.
- The applicant's family in Taiwan has no knowledge of his security clearance application and is not affiliated with the Taiwanese government.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 8(a)appliedNature of Relationship with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 8(c)appliedCasual and Infrequent Contact
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 25, 2016
- Answer filedAug 9, 2016
- Hearing heldDec 6, 2016
- Decision dateMay 16, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Familial Ties and Financial Interests in the U.S.
- Impact of Casual and Infrequent Foreign Contacts on Security Clearance Eligibility