Summary
The applicant, a 71-year-old U.S. citizen and CEO of a company, sought a facility security clearance under Guideline B due to foreign influence concerns stemming from family ties in Taiwan and the PRC. The judge found that the applicant's limited connections to the PRC, his long-term residence in the U.S., and his credible assertions of loyalty to the U.S. mitigated the security concerns, leading to a decision to grant the 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 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). A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(f). The decision turned on the following: The applicant has lived in the U.S. for nearly two-thirds of his life, establishing strong ties to the country; He has no current foreign investments or property, and his only foreign family member does not work for a foreign government; The applicant credibly asserted that he would prioritize U.S. interests over those of the PRC, even under duress.
Why the Applicant Prevailed
- The applicant has lived in the U.S. for nearly two-thirds of his life, establishing strong ties to the country.
- He has no current foreign investments or property, and his only foreign family member does not work for a foreign government.
- The applicant credibly asserted that he would prioritize U.S. interests over those of the PRC, even under duress.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in the PRC and Taiwan.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's brother has worked in the PRC and has business interests there.
- AG ¶ 7(e)raisedSubstantial Business Interests in a Foreign CountryThe applicant previously held a significant equity interest in a company operating in the PRC.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's familial relationships are not likely to create a conflict of interest.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding ties to the U.S. that outweigh foreign connections.
- AG ¶ 8(f)appliedRoutine Nature of Foreign Business InterestsThe applicant no longer has any foreign business interests or financial ties.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 5, 2013Applicant received it on June 10, 2013.
- Answer filedJun 20, 2013
- Hearing heldNov 20, 2013Originally scheduled for October 9, 2013, but canceled due to Government shutdown.
- Decision dateJan 6, 2014
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Long-term U.S. Residency in Security Clearance Decisions
- Credibility of Applicant's Assertions Regarding Loyalty to the U.S.