ISCR Case 01-19565.h1

Case Headnote

ISCR Case No. 01-19565.h1

grantedMar 29, 2002· Hon. Kathryn Moen Braeman· hearing

Summary

A 63-year-old dual citizen of Taiwan and the United States was evaluated for a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns arose from her dual citizenship, specifically the exercise of it, her possession and use of a foreign passport, and the potential use of foreign citizenship to protect financial or business interests abroad. Additionally, the applicant had relatives who are foreign citizens and a business representative in Taiwan.

Disqualifying conditions under Guideline C were raised due to her dual citizenship and foreign passport use. However, several mitigating conditions were applied. The applicant voluntarily surrendered her foreign passport, demonstrating compliance with Department of Defense policy. She also has maintained a security clearance since 1981 without any incidents, indicating a long history of responsible conduct.

Furthermore, her relatives in Taiwan do not have ties to the government, which reduced concerns about foreign influence. The applicant's business representative in Taiwan had not been contacted for a year, and no formal written agreement existed between them. Ultimately, the applicant's demonstrated commitment to U.S. allegiance led to the granting of her security clearance.

Why the Applicant Prevailed

The applicant voluntarily surrendered her foreign passport, demonstrating compliance with DoD policy.
She has had a security clearance since 1981 without incident, indicating a history of responsible behavior.
The applicant's relatives in Taiwan do not have ties to the government, reducing potential foreign influence.

Conditions Referenced

Disqualifying

C.1raisedDual Citizenship
C.2raisedPossession And/or Use of a Foreign Passport

Mitigating

C.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
C.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B.1appliedImmediate Family Members Are Not Agents of a Foreign Power

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 20, 2001
Answer filedOct 3, 2001
Hearing heldJan 24, 2002rescheduled for a location closer to the applicant's work
Decision dateMar 29, 2002

Cite For

Mitigation of Foreign Preference Through Voluntary Compliance with Dod Policy
Impact of Family Ties on Foreign Influence Determinations
Criteria for Evaluating Dual Citizenship in Security Clearance Cases

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	Applicant has relatives who are citizens of a foreign country, but they do not have ties to the government.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.b	Applicant has a business representative in Taiwan who is a citizen of the ROC, but she has not talked with him for one year and they have no formal written agreement.	For Applicant	Business Associate in Foreign Country Business or Professional Associate	Taiwan	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has relatives who are citizens of a foreign country, but they do not have ties to the government.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Denied

—

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

Claimed

Other

2.b

Applicant has a business representative in Taiwan who is a citizen of the ROC, but she has not talked with him for one year and they have no formal written agreement.

For Applicant

Business Associate in Foreign Country

Business or Professional Associate

Taiwan

Denied

—

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

Claimed

Other

¶	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) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.c	Using foreign citizenship to protect financial or business interests in another country.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.d–1.k	8 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) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Possession and/or use of a foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.c

Using foreign citizenship to protect financial or business interests in another country.

For Applicant

Unspecified Foreign Preference

Denied

—

1.d–1.k

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

For Applicant

—

Loading case…

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES