Summary
The applicant, a 49-year-old defense contractor and U.S. citizen originally from Taiwan, faced security concerns under Guidelines B and C due to his familial ties in Taiwan and possession of a Taiwanese passport. The judge found that the applicant's frequent contact with family members in Taiwan and the potential for coercion or exploitation outweighed any mitigating factors, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has at least monthly contact with his mother, and less frequent but regular contact with his four siblings, all of whom are citizens and residents of Taiwan (2.a). Applicant's presence in Taiwan during these trips made him and his family members potentially vulnerable to exploitation, pressure, or coercion by the Taiwanese government (2.b). Applicant failed to provide sufficient credible evidence that it is unlikely he would be placed in a position of having to choose between the interests of a foreign government and the interests of the United States, or that he is not vulnerable to a conflict of interest (2.c). None of the foregoing mitigating conditions is applicable. Applicant's contacts with his mother and siblings in Taiwan are frequent and ongoing (2.d). Applicant applied for and received a Taiwanese passport after becoming a United States citizen (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7.a, AG ¶ 7.b, AG ¶ 7.i, AG ¶ 10.a.1. The decision turned on the following: Applicant has frequent contact with family members who are citizens and residents of Taiwan, raising concerns of foreign influence; Applicant possesses a Taiwanese passport obtained after becoming a U.S. citizen, indicating foreign preference; The applicant failed to demonstrate that his relationships with foreign nationals would not create a conflict of interest.
Why the Applicant Was Denied
- Applicant has frequent contact with family members who are citizens and residents of Taiwan, raising concerns of foreign influence.
- Applicant possesses a Taiwanese passport obtained after becoming a U.S. citizen, indicating foreign preference.
- The applicant failed to demonstrate that his relationships with foreign nationals would not create a conflict of interest.
Conditions Referenced
- AG ¶ 7.araisedContact with Foreign Family Members
- AG ¶ 7.braisedConnections to a Foreign Government
- AG ¶ 7.iraisedConduct Making the Individual Vulnerable to Coercion
- AG ¶ 10.a.1raisedPossession of a Foreign Passport After U.S. Citizenship
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedMar 5, 2008
- Answer filedMar 28, 2008
- Hearing held—Applicant appeared pro se.
- Decision dateOct 28, 2008
Cite For
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Foreign Preference Due to Possession of a Foreign Passport Under Guideline C
- The Importance of Demonstrating the Absence of Conflict of Interest in Foreign Relationships