Summary
The applicant, a 47-year-old naturalized U.S. citizen originally from the People's Republic of China (PRC), sought a security clearance under Guideline B concerning foreign influence due to family ties in the PRC. Despite mitigating factors such as his community involvement and the infrequency of contact with relatives, the judge denied the application, citing the PRC's history of espionage and the potential for coercion through the applicant's family members still residing there.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or a resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). 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 (1.b). Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 6(a), AG ¶ 6(b), AG ¶ 6(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant's family members are citizens and residents of the PRC, a country known for espionage against the U.S; The applicant's ties to relatives in the PRC create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion; The applicant's community involvement and successful career were insufficient to mitigate the risks posed by his family ties in the PRC.
Why the applicant was denied
- The applicant's family members are citizens and residents of the PRC, a country known for espionage against the U.S.
- The applicant's ties to relatives in the PRC create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.
- The applicant's community involvement and successful career were insufficient to mitigate the risks posed by his family ties in the PRC.
Conditions referenced
- AG ¶ 6(a)raisedContact with Foreign Family Members
- AG ¶ 6(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 6(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's family ties in the PRC pose a risk of coercion.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Deep U.S. TiesThe applicant's ties to the PRC create a potential conflict of interest.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe nature of the PRC's espionage activities limits the effectiveness of infrequent contact as a mitigating factor.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 23, 2013
- Answer filedMar 12, 2013
- Hearing heldApr 26, 2013
- Decision dateSep 10, 2013Remand decision issued after appeal.
Cite for
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties in Security Clearance Determinations
- The Role of National Security in Adjudicative Decisions