Summary
The applicant, a 64-year-old dual citizen of the United States and Taiwan, faced security concerns under Guideline B (foreign influence), Guideline C (foreign preference), and Guideline E (personal conduct). Despite mitigating factors regarding foreign influence, the applicant's possession of a Taiwanese passport and failure to disclose it on his security questionnaire led to a denial of his security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant has a brother and a sister who are citizens and residents of Taiwan, and another sister who is a citizen of Taiwan and resident of Japan (2.a). Applicant applied for a Taiwanese passport in December 1995, renewed that passport in March 2002, and that passport does not expire until March 2012 (2.b). Applicant failed to disclose he possessed a foreign passport in a Questionnaire for National Security Positions he submitted on August 24, 1999 (2.c). Applicant has expressed a willingness to surrender the Taiwanese passport, but has not presented any evidence to indicate he has done so (2.d). Applicant is a dual citizen of the United States and Taiwan (1.a). Applicant applied for a Taiwanese passport in December 1995 and renewed it in March 2002 (1.b). Applicant has not presented any evidence to indicate he has surrendered the Taiwanese passport (1.c). Applicant failed to disclose he possessed a foreign passport in a Questionnaire for National Security Positions submitted on August 24, 1999 (1.d). Applicant has expressed a willingness to surrender the Taiwanese passport (1.e). Applicant claims he does not consider himself a dual citizen of the U.S. and Taiwan (1.f).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 4. The judge applied mitigating conditions MC 1, MC 3, MC 4. The decision turned on the following: The applicant possessed a valid Taiwanese passport and failed to provide evidence of its surrender; The applicant deliberately omitted relevant information regarding his foreign passport on his security questionnaire, undermining trust; The applicant's intent to utilize Taiwanese healthcare upon retirement indicated a preference for foreign benefits.
Why the Applicant Was Denied
- The applicant possessed a valid Taiwanese passport and failed to provide evidence of its surrender.
- The applicant deliberately omitted relevant information regarding his foreign passport on his security questionnaire, undermining trust.
- The applicant's intent to utilize Taiwanese healthcare upon retirement indicated a preference for foreign benefits.
Conditions Referenced
- DC 1raisedExercise of Dual Citizenship
- DC 2raisedPossession And/or Use of a Foreign Passport
- DC 4notedAccepting Educational, Medical, or Other Benefits From a Foreign Country
- DC 2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Fact
- MC 1appliedImmediate Family Members Are Not Agents of a Foreign Power
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
- MC 4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipInsufficient to overcome the present and contemplated future exercise of dual citizenship.
Key Rule Quoted
“"No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJul 16, 2003
- Answer filedJul 26, 2003Requested decision based on written record without a hearing.
- Hearing held—
- Decision dateMay 11, 2004
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Deliberate Omissions on Personal Conduct Under Guideline E
- Consideration of Foreign Influence From Immediate Family Members Under Guideline B.