ISCR Case 01-04125.h1

Case Headnote

ISCR Case No. 01-04125.h1

grantedNov 30, 2001· Hon. Roger C. Wesley· hearing

Summary

A 36-year-old naturalized U.S. citizen, originally from Taiwan, sought to retain his security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's dual citizenship, possession and/or use of a foreign passport, and family ties in Taiwan, including parents who are citizens of Japan and Taiwan, and several in-laws who are Taiwanese citizens residing in Taiwan. Another sister-in-law is a Taiwanese citizen residing in the U.S. as a permanent resident alien.

Disqualifying conditions related to dual citizenship, foreign passport use, and foreign family ties were raised. However, the judge applied several mitigating conditions. The applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, which the judge found demonstrated a clear preference for the U.S.

Furthermore, the judge determined that the applicant's family members in Taiwan were not at risk of coercion or pressure that could compromise classified information. The applicant's overall conduct and professional reputation also indicated reliability and trustworthiness. Based on these factors, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a clear preference for the U.S.
The applicant's family members in Taiwan were not shown to be at risk of coercion or pressure that could compromise classified information.
The applicant's conduct and professional reputation indicated reliability and trustworthiness.

Conditions Referenced

Disqualifying

DC 1raisedExercise of Dual Citizenship
DC 2raisedPossession And/or Use of a Foreign Passport
DC 3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
DC 8notedA Substantial Financial Interest in a Country, or in Any Foreign-owned Or-operated Business That Could Make the Individual Vulnerable to Foreign Influence.

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
MC 2appliedIndicators of Possible Preference (e.g., Foreign Military Service) Occurred Before Obtaining US Citizenship.
MC 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
MC 1appliedA Determination That the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Persons Involved and the United States.
MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.

Key Rule Quoted

“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”

Procedural Posture

SOR issuedJul 12, 2001
Answer filedundated
Hearing heldOct 17, 2001
Decision dateNov 30, 2001

Cite For

Mitigation of Dual Citizenship Concerns Under Guideline B
Foreign Influence Considerations Regarding Family Members Residing Abroad
Steps Taken to Renounce Foreign Citizenship as a Mitigating Factor

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
2.a	Taiwanese parents who are citizens of Japan and Taiwan, respectively, and residents of Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.b	A mother in law, two sister in laws and a brother in law, all Taiwanese citizens residing in Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.c	Another sister in law, also a citizen of Taiwan, residing in the US as a permanent resident alien.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	—	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Taiwanese parents who are citizens of Japan and Taiwan, respectively, and residents of Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

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

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

Claimed

Other

2.b

A mother in law, two sister in laws and a brother in law, all Taiwanese citizens residing in Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

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

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

Claimed

Other

2.c

Another sister in law, also a citizen of Taiwan, residing in the US as a permanent resident alien.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.c	Military service or a willingness to bear arms for a foreign country	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.d–1.f	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.b

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.c

Military service or a willingness to bear arms for a foreign country

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.d–1.f

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

For Applicant

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES