Summary
A 47-year-old U.S. citizen, originally from the People's Republic of China (PRC), was denied a security clearance under Guideline B (Foreign Influence) due to significant familial ties in China. The applicant's mother, a PRC citizen and resident, was a Communist Party member who held high-level media positions. His brother is a Senior Colonel in the PRC People’s Liberation Army, with whom the applicant maintains contact. Additionally, the applicant's mother-in-law is a PRC citizen and resident to whom he provides financial support, and he has numerous other extended family members residing in the PRC.
The applicant has traveled to the PRC multiple times and maintains regular contact with his family there, some of whom have been involved in organizations closely controlled by the Communist Party. Both his mother and brother are listed on an FBI database, indicating U.S. authorities' concern. The applicant also has a history of membership in the Communist Youth League in the PRC and expressed a desire for the clearance primarily for job security.
The denial was based on the applicant's close contacts with family members who are part of the Chinese Communist Party, particularly his brother's senior position in the PLA, which created a potential conflict of interest. The judge determined that the applicant's loyalty to his family in the PRC was stronger than his commitment to U.S. interests, and he failed to provide sufficient evidence to mitigate the risks associated with these foreign ties.
Why the Applicant Was Denied
- The applicant has close contacts with family members who are members of the Chinese Communist Party.
- The applicant's brother is a senior colonel in the PLA, creating a potential conflict of interest.
- The applicant's loyalty to his family in the PRC was deemed stronger than his commitment to U.S. interests.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign ContactsThe applicant did not demonstrate that his loyalty to the U.S. outweighed his ties to family in the PRC.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant maintained regular contact with family members in the PRC.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 16, 2008
- Answer filedMay 19, 2008
- Hearing heldNov 7, 2008
- Decision dateJan 15, 2009
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Familial Ties to Foreign Nationals on Security Clearance Eligibility
- The Whole Person Concept in Evaluating Security Clearance Applications