Summary
The applicant, a 49-year-old computer scientist and naturalized U.S. citizen originally from Taiwan, faced security clearance denial under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct) due to familial ties in Taiwan and the People's Republic of China. The judge found that the applicant's connections raised concerns about potential foreign influence and the risk of coercion, despite his claims of loyalty to the U.S. and lack of direct evidence of espionage.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant has family members who are citizens and residents of Taiwan and the PRC (1.a). Applicant has a brother who is a banker living in Taiwan (1.b). Applicant has a brother who lives and works in the PRC (1.c). Applicant has not renounced his Taiwanese citizenship and will not do so unless the U.S. Government asks him to renounce it (2.a). Applicant renewed his Taiwanese passport in 2001 and used it for travel to Taiwan after becoming a U.S. citizen (2.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 6(a), AG ¶ 6(b). The decision turned on the following: The applicant has significant familial ties in Taiwan and the PRC, which raised concerns about foreign influence; The applicant's use of a Taiwanese passport for travel, despite being a U.S. citizen, indicated potential foreign preference; The applicant's failure to disclose the non-renewal of his university contract due to negative evaluations was viewed as a lack of candor.
Why the Applicant Was Denied
- The applicant has significant familial ties in Taiwan and the PRC, which raised concerns about foreign influence.
- The applicant's use of a Taiwanese passport for travel, despite being a U.S. citizen, indicated potential foreign preference.
- The applicant's failure to disclose the non-renewal of his university contract due to negative evaluations was viewed as a lack of candor.
Conditions Referenced
- AG ¶ 6(a)raisedForeign Contacts and Interests
- AG ¶ 6(b)raisedConnections to Foreign Persons
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 31, 2012
- Answer filedSep 14, 2012
- Hearing heldDec 18, 2012
- Decision dateJan 28, 2013
Cite For
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Foreign Preference Implications From Dual Citizenship Under Guideline C
- Issues of Personal Conduct Related to Candor in Security Clearance Applications Under Guideline E