Summary
A 47-year-old dual citizen of the U.S. and the Republic of China (R.O.C.) was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons cited the Applicant's exercise of dual citizenship, possession and/or use of a foreign passport, service in the R.O.C. military, acceptance of benefits from a foreign country, and voting in foreign elections. Additionally, an immediate family member is a citizen of, or resident or present in, a foreign country, though contact with foreign citizens was described as casual and infrequent.
Despite the Applicant's efforts to renounce R.O.C. citizenship and surrender his passport, the denial was primarily based on his voting in two R.O.C. elections after becoming a U.S. citizen, which demonstrated foreign preference. The Applicant also accepted benefits from the R.O.C. government for attending a seminar, raising further security concerns.
The judge determined that these actions were inconsistent with the expectation of renouncing foreign citizenship prior to applying for a public trust position. While the judge found that the Applicant's family ties in the R.O.C. did not present an unacceptable security risk, the overall security clearance was DENIED.
Why the Applicant Was Denied
- The Applicant voted in two R.O.C. elections after becoming a U.S. citizen, which indicated foreign preference.
- The Applicant accepted benefits from the R.O.C. government for attending a seminar, which raised security concerns.
- The Applicant's actions were inconsistent with the expectations of renouncing foreign citizenship prior to applying for a public trust position.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.8raisedVoting in Foreign Elections
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
Key Rule Quoted
“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedAug 15, 2001
- Answer filedOct 11, 2001
- Hearing heldFeb 26, 2002
- Decision dateJun 18, 2002
Cite For
- Foreign Preference Due to Voting in Foreign Elections Under Guideline C
- Acceptance of Foreign Government Benefits as a Disqualifying Condition
- Family Ties in a Foreign Country Evaluated Under Guideline B