ISCR Case 08-02736.h1

Case Headnote

ISCR Case No. 08-02736.h1

grantedFeb 23, 2009· Hon. Robert J. Tuidar· hearing

Summary

A 57-year-old systems engineer and naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) highlighted his dual U.S. and Taiwanese citizenship, alleging he held a valid Taiwanese passport after receiving his U.S. passport and used it for travel to Taiwan in 2003 and 2006. Additionally, the SOR noted his ownership of an apartment in Taiwan valued at approximately $150,000, raising concerns about substantial foreign financial interests.

Further allegations detailed his family ties in Taiwan, including four living siblings (two sisters aged 63 and 60, and two brothers aged 52 and 50), and an 80-year-old mother-in-law. His siblings' professions were noted: a retired teacher, a retired factory worker, a physician, and a dentist. The applicant maintained regular contact with his 63-year-old sister approximately every three months, and with his other siblings every six months to a year.

The applicant successfully mitigated these concerns. He formally renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a clear commitment to U.S. interests. It was also established that his family members in Taiwan are not affiliated with the government, reducing the risk of foreign influence. The applicant further demonstrated deep ties and obligations to the U.S., which helped to mitigate potential conflicts of interest.

Why the Applicant Prevailed

Applicant formally renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a commitment to U.S. interests.
The applicant's family members in Taiwan are not associated with the government, reducing the risk of foreign influence.
The applicant has established deep ties and obligations to the U.S., mitigating potential conflicts of interest.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedForeign Preference
AG ¶ 7(a)raisedForeign Influence

Mitigating

AG ¶ 11(a)appliedForeign Preference
AG ¶ 11(b)appliedForeign Preference
AG ¶ 11(e)appliedForeign Preference
AG ¶ 8(a)appliedForeign Influence
AG ¶ 8(b)appliedForeign Influence
AG ¶ 8(f)appliedForeign Influence

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedJun 19, 2008
Answer filedAug 22, 2008Applicant elected to have the case decided on the written record.
Hearing heldDec 4, 2008
Decision dateFeb 23, 2009

Cite For

Mitigation of Foreign Preference Through Formal Renunciation of Citizenship
Consideration of Family Ties Under Guideline B
Impact of Non-affiliation with Foreign Government on Security Clearance Decisions

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
2.a	Applicant has four living siblings in Taiwan, two sisters, ages 63 and 60, and two brothers, ages 52 and 50. His 63-year-old sister is a retired teacher, his 60-year-old sister is retired from a factory, his 52-year-old brother is a physician, and his 50-year-old brother is a dentist. He has one sister who is deceased.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	—	—
2.b	Applicant’s mother-in-law is 80 years old and lives in Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	—	—
2.c	Applicant has a substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Unspecified Foreign Relationship Other	Taiwan HEIGHTENED RISK	Admitted	—	—	—
2.d	Applicant speaks to his 63-year-old sister by telephone 'about every three months' and speaks to his other siblings by telephone 'every six months to one year.'	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has four living siblings in Taiwan, two sisters, ages 63 and 60, and two brothers, ages 52 and 50. His 63-year-old sister is a retired teacher, his 60-year-old sister is retired from a factory, his 52-year-old brother is a physician, and his 50-year-old brother is a dentist. He has one sister who is deceased.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

2.b

Applicant’s mother-in-law is 80 years old and lives in Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

2.c

Applicant has a substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

HEIGHTENED RISK

Admitted

—

2.d

Applicant speaks to his 63-year-old sister by telephone 'about every three months' and speaks to his other siblings by telephone 'every six months to one year.'

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.c	The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.d	The SOR alleged Applicant owned an apartment in Taiwan valued at approximately $150,000 (SOR ¶¶ 1.d. 1.f.).	For Applicant	Foreign Benefits or Education	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.e	Applicant used his Taiwanese passport when he traveled to Taiwan in 2003 and 2006 (SOR ¶ 1.e.).	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.f	The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.b

The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.c

The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.d

The SOR alleged Applicant owned an apartment in Taiwan valued at approximately $150,000 (SOR ¶¶ 1.d. 1.f.).

For Applicant

Foreign Benefits or Education

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.e

Applicant used his Taiwanese passport when he traveled to Taiwan in 2003 and 2006 (SOR ¶ 1.e.).

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.f

The SOR alleged Applicant is a dual citizen of the U.S. and Taiwan, and that he held a valid Taiwanese passport after being issued his U.S. passport (SOR ¶¶ 1.a.-1.c.).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES