ISCR Case 14-04064.h1

Case Headnote

ISCR Case No. 14-04064.h1

grantedJun 30, 2016· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 43-year-old U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline F (Financial Considerations). The Statement of Reasons cited contact with foreign family and associates, potential conflicts of interest due to foreign connections, and substantial foreign business interests. Additionally, the applicant had voted in a foreign election. Financial concerns included approximately $42,723 in delinquent federal taxes, a $55 delinquent medical account, and two state tax liens from 2010 and 2012 for $7,643 and $620, respectively.

The applicant successfully mitigated these concerns. He demonstrated strong ties to the United States through his citizenship, education, and family life. He also divested from foreign property and assets, thereby eliminating potential foreign influence issues.

Regarding foreign preference, his single act of voting in a foreign election was determined to be an act of curiosity rather than an indication of foreign preference. The applicant also resolved his financial issues. Ultimately, the applicant's eligibility for public trust was favorably decided, and his security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including citizenship, education, and family life.
He divested from foreign property and assets, eliminating potential foreign influence concerns.
The applicant's voting in a foreign election was deemed a one-time act of curiosity, not indicative of foreign preference.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnection to Foreign Persons
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict
AG ¶ 11(c)appliedExercise of Foreign Citizenship Rights Occurred Before U.S. Citizenship
AG ¶ 20(a)appliedFinancial Issues Occurred Long Ago and Are Unlikely to Recur
AG ¶ 20(b)appliedFinancial Problems Were Largely Beyond the Applicant's Control

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 20, 2014
Answer filedNov 2, 2014
Hearing heldJul 9, 2015
Decision dateJun 30, 2016

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
One-time Voting in a Foreign Election as a Non-indicative Act of Foreign Preference
Resolution of Financial Issues Through Proactive Measures and Professional Assistance.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	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.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Connection to a foreign person, group, government, or country that creates 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.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	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.	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	Credited Foreign Assets Divested Credited Deep U.S. Ties
1.d–1.e	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

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.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Connection to a foreign person, group, government, or country that creates 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.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

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.

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

(f) foreign interests are minimal and could not be used to influence

Credited

Foreign Assets Divested

Credited

Deep U.S. Ties

1.d–1.e

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Voting in a foreign election	For Applicant	Foreign Voting	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Voting in a foreign election

For Applicant

Foreign Voting

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	indebted to the Federal Government for delinquent taxes amounting to approximately $42,723 $898	For Applicant	Tax Unpaid	Denied	—	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
3.b	a medical account balance alleged as delinquent for $55 $55	For Applicant	Medical Debt	Denied	—	—	Claimed Debt Disputed with Creditor
3.c	two state tax liens, one for $620 from 2012 and another for $7,643 from 2010 $7,643	For Applicant	Tax Unpaid	Denied	—	(c) received/receiving counseling; problem being resolved	Documented Financial Counseling
3.d	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

indebted to the Federal Government for delinquent taxes amounting to approximately $42,723

$898

For Applicant

Tax Unpaid

Denied

—

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

3.b

a medical account balance alleged as delinquent for $55

$55

For Applicant

Medical Debt

Denied

—

Claimed

Debt Disputed with Creditor

3.c

two state tax liens, one for $620 from 2012 and another for $7,643 from 2010

$7,643

For Applicant

Tax Unpaid

Denied

—

(c) received/receiving counseling; problem being resolved

Documented

Financial Counseling

3.d

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES