Summary
The applicant, a 33-year-old assistant professor and U.S. citizen, faced security concerns under Guideline B (Foreign Influence) due to his connections with family members in the People's Republic of China (PRC) and Taiwan. Despite his strong professional reputation and assurances of loyalty, the judge found that the applicant's foreign ties, particularly through his spouse and her family, created a heightened risk of foreign influence and coercion, leading to the denial of his security clearance application.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s wife is a citizen and resident of the PRC (1.a). Applicant’s father-in-law is a citizen and resident of the PRC (1.b). Applicant’s mother-in-law is a citizen and resident of the PRC (1.c). Applicant’s parents are dual U.S.-Taiwanese citizens and reside in Taiwan (1.d). Applicant’s father has been employed by the Taiwanese government in several positions (1.e). Applicant has three uncles and three aunts who are citizens and residents of Taiwan (1.f). One uncle is a retired colonel in the Taiwanese Army (1.g). One uncle is a Taiwanese citizen residing in the PRC (1.h). Applicant’s wife’s grandfather, grandmother, aunt, uncle, and cousin are citizens and residents of the PRC (1.i). Applicant owns stock worth about $3,000 in several PRC-based companies (1.j). Applicant was a paid consultant for a PRC-based company in July 2005 (1.k). Applicant traveled to the PRC in May 2001, February 2002, July 2005, and June 2008 (1.l). Applicant traveled to Taiwan in July 2004 and June 2008 (1.m).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 7(e). The decision turned on the following: The applicant's spouse is a citizen of the PRC, and her father is associated with a university in the PRC, raising concerns of potential foreign influence; The applicant has family members in Taiwan and the PRC, which creates a rebuttable presumption of ties of affection and obligation that could lead to coercion; The applicant's past consulting work for a PRC-based company involved subject matter often targeted by PRC intelligence-gathering activities.
Why the Applicant Was Denied
- The applicant's spouse is a citizen of the PRC, and her father is associated with a university in the PRC, raising concerns of potential foreign influence.
- The applicant has family members in Taiwan and the PRC, which creates a rebuttable presumption of ties of affection and obligation that could lead to coercion.
- The applicant's past consulting work for a PRC-based company involved subject matter often targeted by PRC intelligence-gathering activities.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country
Key Rule Quoted
“"The risk of coercion, persuasion, or duress is significantly greater if the foreign country has an authoritarian government, a family member is associated with or dependent upon the government, or the country is known to conduct intelligence operations against the U.S."”
Procedural Posture
- SOR issuedApr 11, 2008
- Answer filedMay 7, 2008
- Hearing heldAug 18, 2008
- Decision dateSep 24, 2008
Cite For
- Foreign Influence Concerns Under Guideline B Due to Family Ties in the PRC and Taiwan
- Rebuttable Presumption of Ties of Affection for Immediate Family Members of a Spouse
- Heightened Risk of Foreign Exploitation Due to Connections with Foreign Nationals.