Summary
The applicant, a 59-year-old naturalized U.S. citizen originally from Taiwan, faced security concerns under Guideline B due to familial ties in China and Taiwan. Despite his long-term residence and citizenship in the U.S., the judge found that his close relationships with relatives in these countries posed a heightened risk of foreign influence. Consequently, the applicant was denied a security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's brother is a citizen and part-time resident of Taiwan. His in-laws are citizens and residents of China. He periodically has contact with all three family members (1.a). Applicant's elderly in-laws are citizens and residents of China. His mother-in-law visits Applicant yearly and helps care for Applicant’s son (1.b). Applicant has two brothers. His oldest brother was born in China. He served in the Taiwanese Air Force as a civil engineer for about ten years and retired more than twenty years ago. He is a legal resident alien of the United States and citizen of Taiwan (1.c). Applicant visited Taiwan in 1992, 1994, 1996, 2007, and 2008. In 2007, he traveled to Taiwan, alone, seeking medical help for his son’s vision impairment. He met with a physician, who was unable to be of assistance. During that trip, he stayed with his brother (1.d). Applicant admitted that he may travel to Taiwan in the future, but denies that he ever said he would go to China. However, he has no immediate plans to go to Taiwan (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b). The decision turned on the following: The applicant has close family ties in China and Taiwan, creating a heightened risk of foreign pressure or exploitation; The applicant's frequent contact with his mother-in-law and brother, who reside in foreign countries, raises concerns about potential conflicts of interest; The applicant did not sufficiently mitigate the security concerns related to foreign influence despite his long-standing ties to the U.S.
Why the Applicant Was Denied
- The applicant has close family ties in China and Taiwan, creating a heightened risk of foreign pressure or exploitation.
- The applicant's frequent contact with his mother-in-law and brother, who reside in foreign countries, raises concerns about potential conflicts of interest.
- The applicant did not sufficiently mitigate the security concerns related to foreign influence despite his long-standing ties to the U.S.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep U.S. TiesThe applicant has deep and longstanding relationships and loyalties in the U.S.
Key Rule Quoted
“"Because of the extreme sensitivity of security matters, there is a strong presumption against granting a security clearance."”
Procedural Posture
- SOR issuedApr 9, 2009
- Answer filedApr 28, 2009Applicant waived his right to a hearing.
- Hearing held—No hearing was conducted.
- Decision dateAug 31, 2009
Cite For
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Consideration of the Whole Person Concept in Security Clearance Decisions
- Presumption Against Granting Security Clearances in Cases of Doubt.