Summary
The applicant, a 58-year-old software engineer and naturalized U.S. citizen originally from China, faced security concerns under Guideline B (Foreign Influence) due to his close family ties in China, including relatives who are members of the Chinese Communist Party. Despite his commendable character and efforts to mitigate risks, the judge found that the potential for foreign influence remained unmitigated, leading to a denial of his security clearance application.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's mother, father, brother, and in-laws are resident citizens there and he visits annually (1.a). His father and brother are members of the Chinese Communist Party (1.b). Applicant regularly sends his brother money to help care for their parents, and honors the Chinese cultural tradition that children should care for and protect their elderly parents to the best of their ability (1.c). His brother is a mechanical engineer and works for a foreign-owned private company in China (1.d). Applicant's wife has also sent substantial sums to her parents (1.e). Applicant acknowledges that the PRC government engages in espionage activity against the United States using Chinese nationals (1.f). He is careful to obey all laws and regulations while in China, has received extensive foreign travel briefings from a DoD counterintelligence specialist, and does not communicate with his employer from China (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), AG ¶ 8(f). The decision turned on the following: The applicant's close familial ties to individuals in China, including members of the Chinese Communist Party, created a heightened risk of foreign influence; The applicant's regular financial support and communication with his family in China illustrated potential conflicts of interest; The applicant failed to demonstrate that he would not be placed in a position of having to choose between U.S. interests and those of his family in China.
Why the Applicant Was Denied
- The applicant's close familial ties to individuals in China, including members of the Chinese Communist Party, created a heightened risk of foreign influence.
- The applicant's regular financial support and communication with his family in China illustrated potential conflicts of interest.
- The applicant failed to demonstrate that he would not be placed in a position of having to choose between U.S. interests and those of his family in China.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Person Creating Risk of Foreign Influence
- AG ¶ 7(e)raisedSubstantial Business Interest in a Foreign Country
- AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Strong U.S. Loyalties
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign Citizens
- AG ¶ 8(f)appliedValue of Foreign Business Interest Unlikely to Create Conflict
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedSep 11, 2012
- Answer filedOct 6, 2012
- Hearing heldJan 24, 2013rescheduled from January 22, 2013
- Decision dateApr 29, 2013
Cite For
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Impact of Foreign Government Affiliations on Security Clearance Eligibility
- Mitigation Challenges Related to Financial Support for Foreign Relatives