ISCR Case 09-03568.h1

Case Headnote

ISCR Case No. 09-03568.h1

deniedJan 31, 2011· Hon. Robert J. Tuidar· hearing

Summary

A 25-year-old consultant was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant, whose parents and two younger brothers are citizens and residents of Taiwan, frequently travels to Taiwan to visit his family. He also possesses a current valid Taiwanese passport, which he renewed in 2008 and which expires in 2018.

The Statement of Reasons alleged that the applicant's possession of a Taiwanese passport and his frequent contact with family in Taiwan demonstrated foreign preference and raised concerns about foreign influence. The applicant admitted all allegations.

Despite the application of mitigating conditions, the judge found that the applicant's possession of a current valid Taiwanese passport indicated foreign preference, and his frequent contact with immediate family members in Taiwan raised unmitigated concerns of foreign influence. Consequently, the security clearance application was denied.

Why the Applicant Was Denied

Applicant admitted all allegations in the Statement of Reasons (SOR).
Possession of a current valid Taiwanese passport indicated foreign preference.
Frequent contact with immediate family members in Taiwan raised concerns of foreign influence.

Conditions Referenced

Disqualifying

C10(a)(1)raisedPossession of a Current Foreign Passport
C10(d)raisedAllegiance to a Country Other Than the United States
B7(a)raisedContact with Foreign Family Members Creating Risk of Foreign Exploitation
B7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest

Mitigating

C11(a)rejectedDual Citizenship Based Solely on Parents' CitizenshipApplicant continues to exercise rights of Taiwanese citizenship.
B8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictFrequent contact with family members in Taiwan creates potential for foreign influence.
B8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsApplicant's ties to family in Taiwan indicate significant loyalty.
B8(c)rejectedCasual and Infrequent Contact with Foreign CitizensFrequent visits to Taiwan demonstrate significant contact.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified [or sensitive] information will be resolved in favor of national security.”

Procedural Posture

SOR issuedApr 15, 2010
Answer filedMay 3, 2010Applicant elected to proceed without a hearing.
Hearing held—Decision made on the written record.
Decision dateJan 31, 2011

Cite For

Denial of Security Clearance Due to Foreign Preference and Influence
Impact of Dual Citizenship on Security Clearance Eligibility
Significance of Family Ties in Foreign Influence Assessments

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’s parents are Taiwanese citizens. He has frequent contact with them and travels to Taiwan to visit them.	Against Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.b	Applicant has two younger brothers who are citizens and residents of Taiwan.	Against Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.c	Applicant possesses a current valid Taiwanese passport and has indicated a willingness to surrender it if receiving a top-secret clearance was a distinct possibility.	Against Applicant	Unspecified Foreign Relationship Other	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.d	Applicant frequently travels to Taiwan to visit his immediate family members.	Against Applicant	Unspecified Foreign Relationship Other	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s parents are Taiwanese citizens. He has frequent contact with them and travels to Taiwan to visit them.

Against Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

2.b

Applicant has two younger brothers who are citizens and residents of Taiwan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

2.c

Applicant possesses a current valid Taiwanese passport and has indicated a willingness to surrender it if receiving a top-secret clearance was a distinct possibility.

Against Applicant

Unspecified Foreign Relationship

Other

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

2.d

Applicant frequently travels to Taiwan to visit his immediate family members.

Against Applicant

Unspecified Foreign Relationship

Other

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possesses a current valid Taiwanese passport that he renewed in 2008 and that will not expire until 2018.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.b	Applicant's exercise of his Taiwanese citizenship exhibits a foreign preference.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possesses a current valid Taiwanese passport that he renewed in 2008 and that will not expire until 2018.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.b

Applicant's exercise of his Taiwanese citizenship exhibits a foreign preference.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

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Case Profile

Summary

Why the Applicant Was Denied

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