Summary
The applicant, a 44-year-old naturalized U.S. citizen originally from Taiwan, sought a security clearance under Guideline B concerning foreign influence. The applicant mitigated concerns related to her family ties in Taiwan, demonstrating no significant risk of foreign influence or coercion, and was granted eligibility for a security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's mother, brother, and sister are citizens and residents of Taiwan (1.a). Applicant's father-in-law and mother-in-law are citizens and residents of Taiwan (1.b). Applicant has provided financial support to her parents in Taiwan (1.c). Applicant has had limited contact with the Taiwan Consulate (1.d). Applicant attended Chinese New Year celebrations at the PRC Embassy (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has no financial interests in Taiwan and substantial interests in the U.S; Family members in Taiwan are not associated with the government or political organizations; The applicant has demonstrated a commitment to U.S. interests and has received positive character references.
Why the Applicant Prevailed
- The applicant has no financial interests in Taiwan and substantial interests in the U.S.
- Family members in Taiwan are not associated with the government or political organizations.
- The applicant has demonstrated a commitment to U.S. interests and has received positive character references.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersContact with family members in Taiwan raised concerns of potential foreign influence.
- AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to family in Taiwan created a potential conflict of interest.
- AG ¶ 8(a)appliedNo Foreign Influence or CoercionThe applicant's family members are not involved in any political activities.
- AG ¶ 8(b)appliedStrong Ties to the U.S.The applicant has substantial personal and financial ties to the U.S.
- AG ¶ 8(c)appliedPositive Character ReferencesThe applicant provided multiple character references attesting to her loyalty and integrity.
Key Rule Quoted
“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
Procedural Posture
- SOR issuedDec 15, 2014
- Answer filedFeb 12, 2015Applicant elected for a written record decision.
- Hearing held—No hearing; decided on the written record.
- Decision dateOct 27, 2015
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Substantial U.S. Ties in Security Clearance Decisions
- Character References as a Factor in Mitigating Security Concerns