ISCR Case 10-09431.h1

Case Headnote

ISCR Case No. 10-09431.h1

grantedJun 20, 2012· Hon. Matthew E. Malone· hearing

Summary

The applicant, a 65-year-old naturalized U.S. citizen originally from China, sought a security clearance under Guideline B (foreign influence) due to familial ties in China. Despite concerns regarding his family's residency in a country with a history of espionage, the judge found that the applicant's strong ties to the U.S. and his awareness of potential risks mitigated the security concerns, leading to a granted decision.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Your mother is a citizen and resident of the People’s Republic of China (1.a). Your mother-in-law is a citizen and resident of the People’s Republic of China (1.b). Your siblings are citizens and residents of the People’s Republic of China (1.c). Your wife’s brother is a citizen and resident of the People’s Republic of China (1.d). Your uncles and aunts are citizens and residents of the People’s Republic of China (1.e). Your nieces and nephews are citizens and residents of the People’s Republic of China (1.f). Your friends are citizens and residents of the People’s Republic of China (1.g). Your wife maintains three bank accounts in China, to which you have access, to provide financial help to your mother and mother-in-law (1.h).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated strong ties to the U.S. and a commitment to national interests; He has been a naturalized U.S. citizen since 2000 and has lived continuously in the U.S. since 1987; The applicant's financial support to family members in China was modest and disclosed to U.S. authorities.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. and a commitment to national interests.
He has been a naturalized U.S. citizen since 2000 and has lived continuously in the U.S. since 1987.
The applicant's financial support to family members in China was modest and disclosed to U.S. authorities.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Contacts

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”

Procedural Posture

SOR issuedJan 30, 2012
Answer filedFeb 21, 2012
Hearing heldMay 24, 2012Transferred to judge on May 23, 2012.
Decision dateJun 20, 2012

Cite For

Mitigating Factors Under Guideline B Regarding Foreign Influence
Considerations of Familial Ties in Security Clearance Cases
Impact of U.S. Citizenship and Residency on Foreign Influence Concerns

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	Your mother is a citizen and resident of the People’s Republic of China.	For Applicant	Parent in Foreign Country Immediate Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.b	Your mother-in-law is a citizen and resident of the People’s Republic of China.	For Applicant	Parent in Foreign Country Immediate Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.c	Your siblings are citizens and residents of the People’s Republic of China.	For Applicant	Sibling in Foreign Country Immediate Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.d	Your wife’s brother is a citizen and resident of the People’s Republic of China.	For Applicant	Sibling in Foreign Country Immediate Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.e	Your uncles and aunts are citizens and residents of the People’s Republic of China.	For Applicant	Extended Family in Foreign Country Extended Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.f	Your nieces and nephews are citizens and residents of the People’s Republic of China.	For Applicant	Extended Family in Foreign Country Extended Family	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.g	Your friends are citizens and residents of the People’s Republic of China.	For Applicant	Friend in Foreign Country Friend	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control
1.h	Your wife maintains three bank accounts in China, to which you have access, to provide financial help to your mother and mother-in-law.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	People’s Republic of China 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 (d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Financial Event Outside Control

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Your mother is a citizen and resident of the People’s Republic of China.

For Applicant

Parent in Foreign Country

Immediate Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.b

Your mother-in-law is a citizen and resident of the People’s Republic of China.

For Applicant

Parent in Foreign Country

Immediate Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.c

Your siblings are citizens and residents of the People’s Republic of China.

For Applicant

Sibling in Foreign Country

Immediate Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.d

Your wife’s brother is a citizen and resident of the People’s Republic of China.

For Applicant

Sibling in Foreign Country

Immediate Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.e

Your uncles and aunts are citizens and residents of the People’s Republic of China.

For Applicant

Extended Family in Foreign Country

Extended Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.f

Your nieces and nephews are citizens and residents of the People’s Republic of China.

For Applicant

Extended Family in Foreign Country

Extended Family

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.g

Your friends are citizens and residents of the People’s Republic of China.

For Applicant

Friend in Foreign Country

Friend

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

1.h

Your wife maintains three bank accounts in China, to which you have access, to provide financial help to your mother and mother-in-law.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

People’s Republic of China

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

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Financial Event Outside Control

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Case Profile

Summary

Why the Applicant Prevailed

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