Summary
A 51-year-old U.S. citizen, employed by a government contractor, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from his extensive familial ties to citizens and residents of Taiwan, including his mother-in-law, father-in-law, two sisters-in-law, brother-in-law, wife’s cousin, and wife’s uncle. A key concern was his brother-in-law's employment with a Taiwanese governmental agency.
Further allegations included the applicant's annual travel to Taiwan since 2005 to visit family, and his maintenance of savings, mutual funds, and stock accounts in Taiwan. His wife also held a stock valued at $4,869 in Taiwan. While the applicant and his wife possessed over $1,500,000 in U.S. assets, these did not sufficiently offset the foreign influence concerns.
The judge determined that the applicant's familial connections and financial interests in Taiwan created a heightened risk of foreign influence. Despite the applicant's long-standing employment and contributions to U.S. security, insufficient evidence was presented to mitigate these security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's familial connections to multiple citizens of Taiwan, including a brother-in-law working for a governmental agency, created a heightened risk of foreign influence.
- The applicant failed to provide sufficient evidence to mitigate the security concerns related to foreign influence.
- The applicant's wife maintained a substantial financial interest in Taiwan, which contributed to the perceived risk.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has multiple family members who are citizens and residents of Taiwan, creating a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedPotential Conflict of InterestThe applicant's brother-in-law's position in a Taiwanese governmental agency presents a potential conflict of interest.
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign NationalThe applicant shares a household with his wife, who has close ties to her family in Taiwan.
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with his wife's family do not sufficiently mitigate the risks due to the nature of their positions in Taiwan.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant did not demonstrate that his loyalty to U.S. interests would outweigh potential conflicts with his wife's family.
- AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's annual visits to Taiwan and the nature of his wife's relationships with her family do not constitute infrequent contact.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 3, 2013
- Answer filedOct 9, 2013
- Hearing heldJan 21, 2014Applicant requested to leave the record open for additional evidence.
- Decision dateFeb 28, 2014
Cite For
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Insufficient Mitigation of Foreign Influence Concerns
- Impact of Foreign Family Members' Occupations on Security Clearance Eligibility