Summary
The applicant, a 24-year-old U.S. citizen with familial ties to Hong Kong and the People's Republic of China (PRC), faced security concerns under Guidelines B and C due to her father's employment with a Hong Kong entity and her possession of a Hong Kong identification card. The judge found that the applicant's close familial relationships and connections to foreign entities created a potential conflict of interest and a risk of foreign influence, leading to the denial of her security clearance application.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s father works for a Hong Kong Entity engaged in international business. He is a U.S. citizen born in Hong Kong. Through him, Applicant has regular contact with the Hong Kong organization and the PRC (1.a). Applicant obtained a Hong Kong identification card through her father when she was eight years old. She renewed it once. She did not surrender it to her security officer until 2011, after the security clearance process commenced. She could use that card to live in Hong Kong and travel freely to the PRC. AG ¶ 10 (a)(3) and (b) apply (2.a). Applicant's explanation of the list of meetings in 2010 as actually being the business of her father is not persuasive in showing that she did not attend these sessions with foreign leaders. She did not support her statement with any objective evidence of her non-participation or her lack of presence in any of these countries. It was because of her connections to Hong Kong and her father's birth in Hong Kong that she should visit these other countries and the dinners became available to her. Applicant performed duties to serve the interests of Hong Kong, a part of the PRC. AG ¶ 10 (c) and (d) apply (2.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 10(a), AG ¶ 10(c). The decision turned on the following: The applicant has strong familial connections to Hong Kong and the PRC, which create a potential conflict of interest; The applicant's possession of a Hong Kong identification card indicates a preference for a foreign country; The applicant did not demonstrate deep and longstanding loyalties to the United States beyond her citizenship.
Why the applicant was denied
- The applicant has strong familial connections to Hong Kong and the PRC, which create a potential conflict of interest.
- The applicant's possession of a Hong Kong identification card indicates a preference for a foreign country.
- The applicant did not demonstrate deep and longstanding loyalties to the United States beyond her citizenship.
Conditions referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Entities
- AG ¶ 7(d)appliedShared Living Quarters with Family Members
- AG ¶ 10(a)appliedPossession of Foreign Identification Card
- AG ¶ 10(c)appliedActing in a Way That Serves Foreign Interests
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 issuedAug 24, 2012
- Answer filedSep 19, 2012
- Hearing held—Applicant requested decision on written record.
- Decision dateJul 2, 2013
Cite for
- Foreign Influence Due to Familial Connections Under Guideline B
- Foreign Preference Indicated by Possession of a Foreign Identification Card Under Guideline C
- Potential Conflict of Interest Arising From Familial Ties to Foreign Entities