Summary
The applicant, a 51-year-old U.S. citizen originally from the People's Republic of China (PRC), faced security concerns under Guideline B due to familial ties in the PRC and frequent travel there. The judge found that the applicant's relationship with her brother, a PRC citizen, created a heightened risk of foreign influence, leading to the denial of her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information (1.b). Conduct, especially while traveling outside the U.S., which may make the individual vulnerable to exploitation, pressure, or coercion by a foreign person, group, government, or country (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7.a, AG ¶ 7.b, AG ¶ 7.i. The decision turned on the following: The applicant has a brother who is a citizen and resident of the PRC, raising concerns of foreign influence; The applicant's frequent travel to the PRC increases her vulnerability to pressure or coercion by the PRC government; The applicant failed to rebut the presumption of divided loyalties due to her familial ties in the PRC.
Why the applicant was denied
- The applicant has a brother who is a citizen and resident of the PRC, raising concerns of foreign influence.
- The applicant's frequent travel to the PRC increases her vulnerability to pressure or coercion by the PRC government.
- The applicant failed to rebut the presumption of divided loyalties due to her familial ties in the PRC.
Conditions referenced
- AG ¶ 7.araisedContact with Foreign Family Member
- AG ¶ 7.braisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7.iraisedConduct That May Make the Individual Vulnerable to Exploitation
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 issuedMay 20, 2008
- Answer filedJun 16, 2008
- Hearing held—
- Decision dateOct 28, 2008
Cite for
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Impact of Frequent Travel to a Foreign Country on Security Clearance Eligibility
- The Presumption of Divided Loyalties Due to Foreign Family Connections