ISCR Case 10-07016.h1

Case Headnote

ISCR Case No. 10-07016.h1

deniedNov 30, 2011· Hon. Carol G. Ricciardello· hearing

Summary

A 56-year-old naturalized U.S. citizen, originally from Taiwan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained dual citizenship with Taiwan, having applied for and used a Taiwanese passport after becoming a U.S. citizen. During his OPM interview, he stated an unwillingness to renounce his dual citizenship.

Further concerns arose from his substantial financial ties to Taiwan, including a condominium valued at approximately $600,000 and a bank account holding about $190,000, both owned with his spouse. Additionally, his in-laws are Taiwanese citizens and residents with connections to the Taiwanese military and government.

While the applicant mitigated some Guideline C concerns by surrendering his Taiwanese passport, he failed to adequately address the more significant Guideline B concerns related to his familial connections and substantial financial interests in Taiwan. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant maintained dual citizenship with Taiwan and applied for a Taiwanese passport after becoming a U.S. citizen.
He has significant financial interests in Taiwan, including a condominium valued at $600,000 and a bank account with approximately $190,000.
The applicant's in-laws are citizens and residents of Taiwan, with connections to the Taiwanese military and government, raising concerns of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 6(a)appliedContact with Foreign Family Members
AG ¶ 6(b)appliedConnections to Foreign Persons or Governments
AG ¶ 6(e)appliedSubstantial Financial Interests in a Foreign Country
AG ¶ 10(a)raisedPossession of a Current Foreign Passport
AG ¶ 10(b)raisedAction to Acquire Foreign Citizenship

Mitigating

AG ¶ 11(e)appliedPassport Has Been Destroyed or Surrendered
AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant was unwilling to renounce his Taiwanese citizenship during his interview.
AG ¶ 11(a)rejectedDual Citizenship Based on Birth or Parents' CitizenshipThe applicant's dual citizenship was not solely based on his parents' citizenship.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 8, 2011
Answer filedMay 6, 2011
Hearing held—Decided on the written record.
Decision dateNov 30, 2011

Cite For

Failure to Mitigate Foreign Influence Due to Familial Ties and Financial Interests in Taiwan
Impact of Dual Citizenship on Security Clearance Eligibility
Consideration of Foreign Contacts and Financial Interests Under Guideline B and C

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	You and your spouse own and maintain a condo in Taiwan (Republic of China) valued at approximately $600,000.	Against Applicant	Foreign Real Estate Financial or Property Interest	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 (e) shared living quarters creating a heightened risk	—	—
2.b	You and your spouse own and maintain a bank account in Taiwan (Republic of China) valued at approximately $190,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	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 (e) shared living quarters creating a heightened risk	—	—
2.c–2.d	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

You and your spouse own and maintain a condo in Taiwan (Republic of China) valued at approximately $600,000.

Against Applicant

Foreign Real Estate

Financial or Property Interest

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

(e) shared living quarters creating a heightened risk

—

2.b

You and your spouse own and maintain a bank account in Taiwan (Republic of China) valued at approximately $190,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

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

(e) shared living quarters creating a heightened risk

—

2.c–2.d

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	After becoming a United States citizen, Applicant applied for and received a Taiwanese passport. He used the passport to travel to Taiwan and Australia. He stated in his OPM interview that he was unwilling to renounce his dual citizenship with Taiwan.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.b–1.d	3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

After becoming a United States citizen, Applicant applied for and received a Taiwanese passport. He used the passport to travel to Taiwan and Australia. He stated in his OPM interview that he was unwilling to renounce his dual citizenship with Taiwan.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.b–1.d

3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

Loading case…

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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES