Summary
The applicant, a naturalized U.S. citizen born in Taiwan, successfully mitigated concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct) related to his dual citizenship and prior military service. The judge found that the applicant's use of a Taiwan passport was not indicative of current security risks and that his failure to disclose prior military service was based on misunderstanding rather than intent to deceive. Clearance was granted.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), 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 or present in, a foreign country (2.a). An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (2.b). An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (2.c). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Military service or a willingness to bear arms for a foreign country (1.c). The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities; (3.a).
The judge granted the clearance. The government raised disqualifying conditions C1, C2, B1, E2. The judge applied mitigating conditions C1, C4, B1, B5, E2. The decision turned on the following: The applicant demonstrated a willingness to renounce his Taiwanese citizenship and took steps to do so; The applicant's use of a Taiwan passport occurred before he became a U.S. citizen and was not indicative of current foreign preference; The applicant's misunderstanding regarding the disclosure of prior military service was not deemed deliberate.
Why the Applicant Prevailed
- The applicant demonstrated a willingness to renounce his Taiwanese citizenship and took steps to do so.
- The applicant's use of a Taiwan passport occurred before he became a U.S. citizen and was not indicative of current foreign preference.
- The applicant's misunderstanding regarding the disclosure of prior military service was not deemed deliberate.
Conditions Referenced
- C1raisedForeign Preference - Exercise of Dual Citizenship
- C2raisedForeign Preference - Possession And/or Use of a Foreign Passport
- B1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
- E2raisedPersonal Conduct - Deliberate Omission of Relevant Facts
- C1appliedForeign Preference - Citizenship Derived Solely by Birth
- C4appliedForeign Preference - Willingness to Renounce Foreign Citizenship
- B1appliedForeign Influence - Immediate Family Members Do Not Pose an Unacceptable Security Risk
- B5appliedForeign Influence - Minimal Financial Interest in Foreign Country
- E2appliedPersonal Conduct - Omission Was Not Deliberate
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedDec 31, 2002
- Answer filedFeb 27, 2003Applicant responded to allegations and requested a hearing.
- Hearing heldApr 22, 2003Hearing was held as originally scheduled.
- Decision dateMay 15, 2003
Cite For
- Mitigation of Foreign Preference Concerns Due to Dual Citizenship
- Consideration of Misunderstanding in Personal Conduct Disclosures
- Impact of Family Ties on Foreign Influence Assessments