ISCR Case 07-13935.h1

Case Headnote

ISCR Case No. 07-13935.h1

deniedJun 26, 2008· Hon. Robert J. Tuider· hearing

Summary

A 39-year-old naturalized U.S. citizen, originally from Taiwan, was denied a security clearance under Guideline B (Foreign Influence). The Statement of Reasons (SOR) alleged the applicant held dual U.S. and Taiwanese citizenship. His mother and two brothers are resident citizens of Taiwan, and his deceased father's 10 acres of farmland in Taiwan were inherited by the applicant and his brothers. The applicant also has a cousin, a Taiwanese citizen, currently attending graduate school in the U.S.

Further, the applicant served almost two years of mandatory military service in the Taiwanese Army as an officer from July 1991 to June 1993. While his contact with relatives in Taiwan varies, the judge found that his frequent contact with immediate family members in Taiwan, combined with his property ties, created a significant risk of foreign influence.

Despite the applicant's claims of loyalty to the U.S. and willingness to renounce foreign ties, the close family connections and property in Taiwan heightened the potential for foreign pressure or exploitation. Consequently, the application for security clearance was denied.

Why the Applicant Was Denied

The applicant maintained frequent contact with immediate family members in Taiwan, creating a risk of foreign influence.
The applicant's close relationship with his family in Taiwan, coupled with his property ties, heightened the potential for foreign pressure or exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government
AG ¶ 7(e)raisedSubstantial Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's close and frequent contact with family members in Taiwan indicated a potential conflict of interest.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's strong ties to his family in Taiwan did not support a conclusion of minimal conflict.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contact with family members was frequent and not casual.

Key Rule Quoted

“If the individual has divided loyalties or foreign financial interests, [he or she] may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest.”

Procedural Posture

SOR issuedMar 31, 2008
Answer filedApr 16, 2008
Hearing heldMay 15, 2008
Decision dateJun 26, 2008

Cite For

Risk of Foreign Influence Due to Family Ties Under Guideline B
Frequent Contact with Foreign Relatives as a Disqualifying Factor
The Impact of Foreign Property Interests on Security Clearance Eligibility

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 alleged Applicant is a dual citizen of the U.S. and Taiwan.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Taiwan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.b	Applicant’s mother and two brothers are resident citizens of Taiwan.	Against Applicant	Parent in Foreign Country Immediate Family	Taiwan 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	—	—
1.c	His father is deceased and his mother is a 67-year-old retired housewife.	Against Applicant	Parent in Foreign Country Immediate Family	Taiwan 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	—	—
1.d	Applicant has a cousin, who is a citizen of Taiwan and is currently attending graduate school in the U.S.	Against Applicant	Extended Family in Foreign Country Extended Family	Taiwan 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	—	—
1.e	He served almost two years of mandatory military service in the Taiwanese Army from July 1991 to June 1993 as an officer.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	—
1.f	When Applicant’s father passed away, he and his brothers inherited approximately 10 acres of farmland in Taiwan.	Against Applicant	Foreign Real Estate Financial or Property Interest	Taiwan 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 (e) shared living quarters creating a heightened risk	—	—
1.g	Applicant’s contact with his relatives in Taiwan varies.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan 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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.b

Applicant’s mother and two brothers are resident citizens of Taiwan.

Against Applicant

Parent in Foreign Country

Immediate Family

Taiwan

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

—

1.c

His father is deceased and his mother is a 67-year-old retired housewife.

Against Applicant

Parent in Foreign Country

Immediate Family

Taiwan

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

—

1.d

Applicant has a cousin, who is a citizen of Taiwan and is currently attending graduate school in the U.S.

Against Applicant

Extended Family in Foreign Country

Extended Family

Taiwan

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

—

1.e

He served almost two years of mandatory military service in the Taiwanese Army from July 1991 to June 1993 as an officer.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

1.f

When Applicant’s father passed away, he and his brothers inherited approximately 10 acres of farmland in Taiwan.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

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

(e) shared living quarters creating a heightened risk

—

1.g

Applicant’s contact with his relatives in Taiwan varies.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

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

—

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Case Profile

Summary

Why the Applicant Was Denied

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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES