Summary
Applicant is a 33-year-old managing consultant employed by a federal government contractor. His family includes several relatives who are citizens and residents of The Peoples Republic of China (PRC). Despite these ties, he successfully mitigated the security concerns regarding foreign influence, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's grandmother and grandfather are citizens and residents of The Peoples Republic of China (PRC) (1.a). His mother-in-law, father-in-law, and brother-in-law are citizens and residents of the PRC (1.b). He traveled to China in 2000, 2002, 2004, and 2005 (1.c).
The judge granted the clearance. The government raised disqualifying conditions B.1.a. The judge applied mitigating conditions B.8.a, B.8.b. The decision turned on the following: Applicant has deep and longstanding relationships and loyalties in the U.S., which mitigate potential conflicts of interest; He has no financial interests or property in China, reducing the risk of foreign influence; His relatives in the PRC do not have ties to the Chinese government or Communist Party.
Why the Applicant Prevailed
- Applicant has deep and longstanding relationships and loyalties in the U.S., which mitigate potential conflicts of interest.
- He has no financial interests or property in China, reducing the risk of foreign influence.
- His relatives in the PRC do not have ties to the Chinese government or Communist Party.
Conditions Referenced
- B.1.araisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion.
- B.8.arejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.The presence of Applicant's family in the PRC places them at risk of being exploited.
- B.8.bappliedThere Is No Conflict of Interest, Either Because the Individual's Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is so Minimal, or the Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest.
Key Rule Quoted
“The whole person concept–not the potentially disqualifying or mitigating conditions–is the heart of the analysis of whether an applicant is eligible for a security clearance.”
Procedural Posture
- SOR issuedJan 30, 2007
- Answer filedFeb 21, 2007
- Hearing heldMay 9, 2007
- Decision dateJul 20, 2007
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Application of the Whole Person Concept in Security Clearance Decisions
- Consideration of Family Ties and Their Impact on Security Clearance Eligibility