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Summary

The applicant, a 63-year-old dual citizen of Taiwan and the United States, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his foreign citizenship and use of a foreign passport. He mitigated these concerns by voluntarily surrendering his foreign passport and demonstrating a lack of ties to foreign government entities. The judge granted the security clearance, finding that the applicant's actions showed a commitment to U.S. interests and that any foreign influence was manageable.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has a brother and four sisters who are ROC citizens and reside in ROC, but he has a limited relationship with his siblings. Two of his sisters are also U.S. citizens. He has not spoken to his brother for years and never talks to two of his sisters. None of them or their spouses work for the ROC government. These siblings would in no way affect his loyalty to the U.S (2.a). Applicant and his company have a business representative in ROC who is a citizen of the ROC and a professor, but Applicant has not talked with him for one year. They have no formal written agreement. If it is U.S. policy not to use a ROC citizen as his business representative, Applicant will find another representative (2.b). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Using foreign citizenship to protect financial or business interests in another country (1.c).

The judge granted the clearance. The government raised disqualifying conditions C1, C2, B1. The judge applied mitigating conditions C1, C4, B1. The decision turned on the following: The applicant voluntarily surrendered his foreign passport after learning of security concerns; He has no ties to the foreign government and limited relationships with foreign relatives; The applicant has held a security clearance since 1981 without incident.

Why the Applicant Prevailed

• The applicant voluntarily surrendered his foreign passport after learning of security concerns.
• He has no ties to the foreign government and limited relationships with foreign relatives.
• The applicant has held a security clearance since 1981 without incident.

Conditions Referenced

Key Rule Quoted

“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue access to classified information.”

Procedural Posture

• SOR issuedSep 14, 2001
• Answer filedOct 2, 2001
• Hearing heldJan 24, 2002rescheduled for a location closer to applicant's work
• Decision dateMar 25, 2002

Cite For

• Mitigation of Foreign Preference Concerns Through Voluntary Compliance with Dod Policy
• Assessment of Foreign Influence Based on Family Ties and Relationships
• Criteria for Evaluating Dual Citizenship in Security Clearance Cases