ISCR Case 10-07992.h1

Case Headnote

ISCR Case No. 10-07992.h1

deniedJul 1, 2010· Hon. Noreen A. Lynch· hearing

Summary

A 46-year-old naturalized U.S. citizen, originally from Taiwan, was denied a security clearance under Guideline B (Foreign Influence) due to significant familial ties to Taiwan. His parents, mother-in-law, and father-in-law are all citizens and residents of Taiwan, with all four having retired from the Taiwanese Army, including senior officer positions. Additionally, his brother is a citizen and resident of Taiwan, with whom the applicant maintains contact during visits.

The applicant traveled to Taiwan multiple times, with three trips in 2003 and at least two more in both 2004 and 2005, reportedly for business. While he asserted that his retired parents no longer have government connections, he did not address whether they receive government pensions. He emphasized his 23 years of residency in the U.S., his U.S. citizen children, and his lack of prior connection to the Taiwanese government or army.

Despite the applicant's claims of strong U.S. allegiance and minimal family contact, the judge determined that the nature of these long-standing, close family relationships, particularly with retired Taiwanese military personnel, posed a heightened risk of foreign influence. The applicant failed to demonstrate that these relationships would not compromise his loyalty to the United States, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has close familial ties to citizens of Taiwan, including retired military personnel, which raises security concerns under Guideline B.
The applicant's frequent visits to Taiwan and regular communication with family members create a potential conflict of interest and risk of foreign influence.
The applicant failed to demonstrate that his relationships with foreign family members would not compromise his loyalty to the United States.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons That Create a Potential Conflict of Interest
AG ¶ 7(d)notedSharing Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create a Conflict of InterestThe applicant's close ties to family in Taiwan do not mitigate the security concerns.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's familial relationships are significant and create a potential conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's contact with family members is regular and cannot be considered casual.

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 issuedNov 4, 2010
Answer filedNov 10, 2010
Hearing held—Case decided on the record without a hearing.
Decision dateMay 16, 2011

Cite For

Security Concerns Arising From Familial Ties to Foreign Nationals Under Guideline B
Impact of Foreign Influence on Security Clearance Eligibility
The Necessity of Demonstrating Minimal Risk of Foreign Exploitation in Security Clearance Cases

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
1.a	Applicant’s parents are citizens and residents of Taiwan. His mother is a retired civilian employee of the Taiwanese Army. His father is a retired senior officer of the Taiwanese Army.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant’s mother-in-law and father-in-law are citizens and residents of Taiwan. His mother-in-law is a retired senior officer of the Taiwanese Army. His father-in-law is a retired senior officer of the Taiwanese Army.	Against Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant has a brother who is a citizen and resident of Taiwan. He maintains contact with him when he sees his parents in 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	—	—
1.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.e	Applicant traveled to Taiwan in 2003 on three separate occasions. In 2004 and 2005, he also traveled to Taiwan on at least two occasions. He reported that the trips were for business and that he was working for a company that has business in Taiwan.	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	—	—
1.f	Applicant contends that his parents in Taiwan have been retired for many years and are senior citizens. He maintains that they have no connection to the Army or government anymore. He did not address whether they are receiving government pensions for their military service.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.g	Applicant stressed that he left Taiwan to study in the United States almost 23 years ago. Since then, he has married and established a home life in the United States. His children are U.S. citizens. He was not close to any government department or the Taiwanese army when he was in Taiwan.	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	—	—
1.h	Applicant has long-standing, close ties with his family. Applicant is a naturalized citizen; however, there is a heightened risk due to his family ties to Taiwan.	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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are citizens and residents of Taiwan. His mother is a retired civilian employee of the Taiwanese Army. His father is a retired senior officer of the Taiwanese Army.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant’s mother-in-law and father-in-law are citizens and residents of Taiwan. His mother-in-law is a retired senior officer of the Taiwanese Army. His father-in-law is a retired senior officer of the Taiwanese Army.

Against Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

HEIGHTENED RISK

Admitted

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

—

1.c

Applicant has a brother who is a citizen and resident of Taiwan. He maintains contact with him when he sees his parents in 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

—

1.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

1.e

Applicant traveled to Taiwan in 2003 on three separate occasions. In 2004 and 2005, he also traveled to Taiwan on at least two occasions. He reported that the trips were for business and that he was working for a company that has business in Taiwan.

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

—

1.f

Applicant contends that his parents in Taiwan have been retired for many years and are senior citizens. He maintains that they have no connection to the Army or government anymore. He did not address whether they are receiving government pensions for their military service.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

HEIGHTENED RISK

Admitted

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

—

1.g

Applicant stressed that he left Taiwan to study in the United States almost 23 years ago. Since then, he has married and established a home life in the United States. His children are U.S. citizens. He was not close to any government department or the Taiwanese army when he was in Taiwan.

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

—

1.h

Applicant has long-standing, close ties with his family. Applicant is a naturalized citizen; however, there is a heightened risk due to his family ties to Taiwan.

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

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES