Summary
The applicant, a 54-year-old naturalized U.S. citizen originally from the People's Republic of China (PRC), sought a security clearance under Guideline B (foreign influence) due to familial ties in the PRC and Taiwan. The judge found that while the applicant had close family ties in the PRC, his established life, business, and community involvement in the U.S. demonstrated that he would likely prioritize U.S. interests over foreign influences. The applicant's request for a security clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s four brothers, one of whom is a city government employee, are citizens of and reside in the Peoples Republic of China (PRC) (1.a). his in-laws are citizens of and reside in Taiwan (1.b). while traveling in the PRC for conferences in 2008 (1.c). while traveling in the PRC for conferences in 2006 (1.d). he traveled to Taiwan in 2003 to visit family members there (1.e). he traveled to Taiwan in 2001 to get married and visit family there (1.f). he traveled to Taiwan in 2001 to attend a Rotary Club conference (1.g). he traveled to the PRC in 1998 to see his family (1.h). he worked for the PRC government between 1985 and 1987 (1.i). he worked for the PRC government on a collective farm between 1972 and 1978 (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a). The judge applied mitigating conditions AG ¶ 8(b). The decision turned on the following: The applicant demonstrated strong ties and commitments to the U.S. through his business and community service; The judge found that the applicant's familial connections did not create a heightened risk of foreign exploitation or coercion; The applicant's long-standing relationships and loyalties in the U.S. outweighed concerns about his family in the PRC and Taiwan.
Why the Applicant Prevailed
- The applicant demonstrated strong ties and commitments to the U.S. through his business and community service.
- The judge found that the applicant's familial connections did not create a heightened risk of foreign exploitation or coercion.
- The applicant's long-standing relationships and loyalties in the U.S. outweighed concerns about his family in the PRC and Taiwan.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family ties in the PRC and Taiwan raised concerns about potential foreign influence.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep and longstanding relationships and loyalties in the U.S. indicated he would resolve any conflict of interest in favor of U.S. interests.
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedNov 25, 2008
- Answer filedDec 9, 2008
- Hearing heldApr 2, 2009
- Decision dateJul 8, 2009
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Importance of Established Ties to the U.S. in Mitigating Foreign Influence Concerns
- Consideration of Familial Relationships in Security Clearance Determinations