Summary
This case concerns a 49-year-old naturalized U.S. citizen, originally from Taiwan, who sought a security clearance. The applicant faced concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), specifically regarding disqualifying conditions AG ¶ 10(a) and AG ¶ 10(d).
The applicant successfully mitigated these concerns by demonstrating a strong commitment to U.S. citizenship. This included expressing a clear intent to renounce his Taiwanese citizenship. The judge noted that the applicant's family ties to Taiwan were minimal and lacked any governmental or intelligence affiliations, further reducing foreign influence concerns.
Additionally, the applicant provided a credible explanation for using a Taiwanese passport, clarifying it was due to travel necessity rather than a preference for Taiwan. The judge ultimately found that the applicant's actions did not indicate a preference for Taiwan over the U.S., leading to the application of mitigating conditions AG ¶ 11(a), AG ¶ 11(b), and AG ¶ 11(c). Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to U.S. citizenship by expressing intent to renounce Taiwanese citizenship.
- The applicant's family ties to Taiwan were minimal and did not involve any governmental or intelligence affiliations.
- The applicant's use of a Taiwanese passport was explained as a necessity due to travel circumstances, not an indication of foreign preference.
Conditions Referenced
- AG ¶ 10(a)raisedForeign PreferenceThe applicant retained and renewed a Taiwanese passport after becoming a U.S. citizen.
- AG ¶ 10(d)raisedForeign PreferenceThe applicant's actions indicated allegiance to Taiwan through the use of a foreign passport.
- AG ¶ 11(a)appliedForeign PreferenceThe applicant expressed intent to renounce his Taiwanese citizenship.
- AG ¶ 11(b)appliedForeign PreferenceThe applicant's family members in Taiwan had no affiliations with the Taiwanese government or intelligence.
- AG ¶ 11(c)appliedForeign PreferenceThe applicant's long-term residence in the U.S. and naturalization demonstrated a commitment to the U.S.
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural Posture
- SOR issuedNov 19, 2007
- Answer filedDec 19, 2007Applicant requested a hearing.
- Hearing heldMar 20, 2008
- Decision dateJul 29, 2008
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Consideration of Family Ties in Foreign Influence Cases
- Importance of Intent to Renounce Foreign Citizenship in Security Clearance Evaluations