Summary
The applicant, a 40-year-old computer software engineer, sought a security clearance under Guideline B due to foreign influence concerns stemming from his close family ties to the People's Republic of China (PRC). Despite his political asylum status and U.S. citizenship, the judge found that the applicant's ongoing contact with family members in the PRC, including financial support and potential property ties, posed a significant risk to national security. Consequently, the application for a security clearance was denied.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s parents and brother are resident citizens of the People’s Republic of China (PRC) (1.a). He contacts them by telephone about once a week (1.b). Applicant’s parents-in-law are PRC citizens who have resided with him each summer since 2003 but have spent the cold weather months in the PRC (1.c). He has telephone contact with them when they are in the PRC about once a week (1.d). Applicant was alleged to have traveled to the PRC on various occasions, in at least November 2003, January 2004, June 2004, February 2005, and October 2005 (1.e). He has visited relatives and some childhood friends and schoolmates when in the PRC (1.f). Applicant aided the business interests of his brother’s father-in-law by helping secure some architectural draft and design work in the U.S. for his firm in the PRC (1.g). Applicant believed his parents had listed a home in the PRC under his name (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 6(a), AG ¶ 6(b), AG ¶ 6(c). The decision turned on the following: The applicant has close family members who are citizens of the PRC, raising foreign influence concerns; The applicant maintains regular contact with his family in the PRC, including financial support and potential property ties; The applicant's history of assisting a PRC design firm, even if unpaid, contributed to the perception of foreign influence.
Why the Applicant Was Denied
- The applicant has close family members who are citizens of the PRC, raising foreign influence concerns.
- The applicant maintains regular contact with his family in the PRC, including financial support and potential property ties.
- The applicant's history of assisting a PRC design firm, even if unpaid, contributed to the perception of foreign influence.
Conditions Referenced
- AG ¶ 6(a)raisedForeign Influence
- AG ¶ 6(b)raisedForeign Influence
- AG ¶ 6(c)raisedForeign Influence
Key Rule Quoted
“The security services in China routinely monitored and entered residences and offices to gain access to computers, telephones, and fax machines.”
Procedural Posture
- SOR issuedSep 19, 2008
- Answer filedOct 11, 2008
- Hearing heldJan 8, 2009
- Decision dateApr 20, 2009
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties on Security Clearance Eligibility
- Ongoing Contact with Foreign Nationals as a Disqualifying Factor