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
- 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
- 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