Summary
The applicant, a naturalized U.S. citizen originally from Taiwan, sought a security clearance under Guidelines B and C. His renewal of a foreign passport was mitigated by his lack of use of the passport, his intent to surrender it, and limited foreign contacts. The judge found that the applicant's ties to his family did not pose a security risk, leading to a granted decision.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country (2.a). The exercise of dual citizenship (2.b). Applicant's renewal of his foreign passport after his naturalization as a U.S. citizen--an active exercise of dual citizenship and an act demonstrating foreign preference--was mitigated where Applicant had never used the passport, had renewed it only out of deference for his aged mother, had attempted to surrender it to the DSS agent when interviewed for his clearance, and did surrender it in accordance with the "Money Memo" once he became aware of its provisions (1.a). Applicant possesses a R.O.C. passport re-issued in April 1998 (after Applicant's naturalization). This passport does not expire until April 2004. Applicant has never used this passport (1.b). Applicant has expressed a willingness to renounce dual citizenship (1.c).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A2.1.2.1. The judge applied mitigating conditions E2.A3.1.3.4, E2.A2.1.3.1. The decision turned on the following: The applicant never used his foreign passport and intended to let it expire; He offered to surrender the passport when informed it could jeopardize his clearance; His financial support for his mother was minimal and did not suggest vulnerability to coercion.
Why the Applicant Prevailed
- The applicant never used his foreign passport and intended to let it expire.
- He offered to surrender the passport when informed it could jeopardize his clearance.
- His financial support for his mother was minimal and did not suggest vulnerability to coercion.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- 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
Key Rule Quoted
“The Government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
Procedural Posture
- SOR issuedJan 18, 2002
- Answer filedFeb 6, 2002
- Hearing heldApr 9, 2002
- Decision dateAug 22, 2002
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Limited Foreign Influence Due to Minimal Family Contact
- Consideration of Cultural Obligations in Security Clearance Decisions