Summary
The applicant, a 47-year-old naturalized U.S. citizen originally from the People's Republic of China (PRC), faced security concerns under Guideline B due to familial ties to PRC citizens. Despite his professional accomplishments and community involvement, the judge found that the applicant failed to mitigate the risks associated with foreign influence, resulting in a denial of his security clearance.
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 ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(c), AG ¶ 8(b). The decision turned on the following: The applicant has family members who are citizens and residents of the PRC, which raises security concerns under Guideline B; The PRC's history of espionage against the United States creates a heavy burden of proof for the applicant, which he was unable to meet.
Why the Applicant Was Denied
- The applicant has family members who are citizens and residents of the PRC, which raises security concerns under Guideline B.
- The PRC's history of espionage against the United States creates a heavy burden of proof for the applicant, which he was unable to meet.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Government
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign Nationals
- AG ¶ 8(c)appliedInfrequent Contact with Foreign Citizens
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep U.S. Ties
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 dateJun 17, 2013
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Familial Ties to Foreign Nationals on Security Clearance Eligibility
- The Burden of Proof on Applicants to Mitigate Security Concerns Related to Foreign Influence