Summary
A 36-year-old naturalized U.S. citizen, originally from Hong Kong, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's close family ties in Hong Kong and previous possession of a Chinese passport were central to the decision.
While the applicant mitigated the foreign preference concerns by invalidating his Chinese passport, which was set to expire in November 2015, he failed to mitigate the foreign influence concerns. The judge found a heightened risk of coercion due to the nature of his familial connections in a country known for espionage against the U.S.
Specific concerns included the applicant's close family ties to citizens residing in Hong Kong, creating a heightened risk of foreign exploitation or manipulation. His frequent contact with family in Hong Kong, combined with the unknown nature of their occupations, raised potential conflicts of interest. Additionally, his status as a relatively recent naturalized citizen and regular visits to Hong Kong contributed to a perception of divided loyalties.
Why the applicant was denied
- The applicant has close family ties to citizens residing in Hong Kong, which creates a heightened risk of foreign exploitation, manipulation, or coercion.
- The applicant's frequent contact with his family in Hong Kong, coupled with the unknown nature of their occupations, raises concerns about potential conflicts of interest.
- The applicant's status as a relatively recent naturalized citizen and his regular visits to Hong Kong contribute to the perception of divided loyalties.
Conditions referenced
- C1raisedForeign PreferencePossession of a current foreign passport.
- B1raisedForeign InfluenceContact with foreign family members creates a heightened risk of foreign exploitation.
- B2raisedForeign InfluenceConnections to foreign persons create a potential conflict of interest.
- B3raisedForeign InfluenceSharing living quarters with foreign family members creates a heightened risk.
- C1appliedForeign PreferenceThe applicant invalidated his Chinese passport.
- B1rejectedForeign InfluenceThe applicant's familial connections do not mitigate the risk of foreign influence.
- B2rejectedForeign InfluenceInsufficient evidence to conclude there is no conflict of interest.
- B3rejectedForeign InfluenceFrequent contact with family members does not reduce trustworthiness concerns.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJun 13, 2014
- Answer filedJul 21, 2014
- Hearing held—Decided on the written record.
- Decision dateSep 3, 2015
Cite for
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Mitigation of Foreign Preference Concerns Through Invalidation of a Foreign Passport Under Guideline C
- Consideration of the Whole-person Concept in Trustworthiness Determinations.