Loading case…

Summary

The applicant, a 48-year-old naturalized U.S. citizen from Taiwan, faced security clearance denial under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to her dual citizenship and strong familial ties in Taiwan. Despite her claims of willingness to renounce her Taiwanese citizenship and divest from foreign investments, the judge found that her connections posed a significant security risk, leading to the denial of her clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (2.a). A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to a heightened risk of foreign influence or exploitation (2.b). The nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S (2.c). The applicant has expressed a willingness to renounce foreign citizenship or to divest from foreign financial interests (2.d). Applicant possesses and uses a valid Taiwanese passport, which does not expire until 2012 (1.a). Her contention that she only maintains her Taiwanese passport to enable longer visits with her family has little probative value (1.b).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 10(a). The decision turned on the following: The applicant maintained dual citizenship with Taiwan, which raised foreign influence concerns; She possessed a valid Taiwanese passport, indicating a preference for her country of origin over the U.S; The applicant's familial ties in Taiwan created a potential for foreign influence and conflict of interest.

Why the applicant was denied

• The applicant maintained dual citizenship with Taiwan, which raised foreign influence concerns.
• She possessed a valid Taiwanese passport, indicating a preference for her country of origin over the U.S.
• The applicant's familial ties in Taiwan created a potential for foreign influence and conflict of interest.

Conditions referenced

Key rule quoted

“The negative security significance of acts indicative of foreign preference is not negated or diminished merely because an applicant engages in those acts for personal reasons or for personal convenience.”

Procedural posture

• SOR issuedMar 14, 2011
• Answer filedMay 12, 2011Requested decision without a hearing.
• Hearing held—No hearing held.
• Decision dateNov 10, 2011

Cite for

• Foreign Influence Concerns Due to Familial Ties Under Guideline B
• Foreign Preference Implications of Holding a Foreign Passport Under Guideline C
• The Significance of Dual Citizenship in Security Clearance Evaluations