ISCR Case 12-04101.h1

Case Headnote

ISCR Case No. 12-04101.h1

grantedMar 20, 2013· Hon. Carol G. Ricciardello· hearing

Summary

This case concerns a 26-year-old dual citizen of the United States and Taiwan who sought a security clearance under Guideline B, Foreign Influence. The Statement of Reasons raised concerns regarding potential foreign exploitation or a conflict of interest due to contact with foreign family members and connections to a foreign country, specifically Taiwan. These allegations invoked Disqualifying Conditions AG ¶ 7(a) and AG ¶ 7(b).

However, the security clearance was GRANTED after applying Mitigating Conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c). The decision highlighted the applicant's strong ties to the United States, where he has resided for most of his life.

Crucially, the applicant's family members in Taiwan were found to lack special ties to the Taiwanese government that would pose a coercion risk. Furthermore, the applicant has no business or financial interests in Taiwan and expressed a willingness to renounce any future inheritance, demonstrating minimal risk of foreign influence.

Why the Applicant Prevailed

The applicant has lived in the United States for the majority of his life and has strong ties to the U.S.
The applicant's family members in Taiwan do not have special ties to the Taiwanese government that would create a risk of coercion.
The applicant has no business or financial interests in Taiwan and has expressed a willingness to renounce any future inheritance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in Taiwan, which could create a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family relationships could potentially create a conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's relationship with his parents is unlikely to place him in a position of conflict with U.S. interests.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's strong ties and loyalty to the U.S. suggest he would resolve any conflicts in favor of U.S. interests.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant maintains regular contact with his mother and some contact with his father.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 10, 2012
Answer filedOct 22, 2012
Hearing held—Decided on the written record.
Decision dateMar 20, 2013

Cite For

Mitigation of Foreign Influence Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Whole-person Concept in Adjudicating 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	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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
1.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	(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

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(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

1.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

(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

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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