ISCR Case 02-20356.h1

Case Headnote

ISCR Case No. 02-20356.h1

grantedNov 26, 2003· Hon. Barry M. Sax· hearing

Summary

A 43-year-old naturalized U.S. citizen and systems engineer, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The allegations centered on her extensive family ties in Taiwan, including her 71-year-old father, 69-year-old mother, 90-year-old grandmother, stepmother, half-brother, and siblings, all residing in Taiwan. Her older brother, also a Taiwanese citizen, resides in the U.S. The applicant had traveled to Taiwan multiple times between 1995 and 2001 to visit family and maintained periodic telephonic contact with her grandmother, mother, and father. She also had yearly telephone contact and occasional U.S. visits with a Taiwanese government research scientist friend.

Further concerns arose from her travel to the People's Republic of China (PRC) for acupuncture and sightseeing in 1995, 1998, 2000, and 2001, and her weekly socialization with a PRC citizen couple residing in the U.S., where the husband is a Computer Science professor. Additionally, as of May 15, 2002, she possessed a valid Taiwanese passport issued in May 1997. Although she believed she was no longer a Taiwanese citizen after naturalizing in November 1999, she formally renounced her Taiwanese citizenship and right to use her passport on April 1, 2003, subsequently cutting up and mailing her invalid passport on July 31, 2003.

The clearance was granted because the applicant demonstrated a clear preference for the U.S. by renouncing her Taiwanese citizenship and passport. She had also established significant ties to the U.S. through her education, marriage, and career. The judge concluded that her family members in Taiwan were not agents of a foreign power and were not in a position to be exploited, thus not posing an unacceptable risk.

Why the Applicant Prevailed

The applicant renounced her Taiwanese citizenship and passport, demonstrating a clear preference for the U.S.
She has established significant ties to the U.S. through her education, marriage, and career.
The applicant's family members in Taiwan were not found to be agents of a foreign power or in a position to be exploited.

Conditions Referenced

Disqualifying

B1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.

Mitigating

B1appliedForeign Influence - Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
C1rejectedForeign Preference - Possession of a Foreign Passport.The applicant did not use the Taiwanese passport after becoming a U.S. citizen and took steps to renounce it.

Key Rule Quoted

“"A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence."”

Procedural Posture

SOR issuedFeb 18, 2003
Answer filedApr 11, 2003
Hearing heldJul 30, 2003
Decision dateNov 26, 2003

Cite For

Demonstrating Foreign Preference Under Guideline C
Mitigating Foreign Influence Concerns Due to Family Ties
The Importance of Renouncing Foreign Citizenship for Security Clearance Eligibility.

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's father (71), mother (69), stepmother, grandmother (90), half-brother, and brother and sister are citizens of Taiwan and currently reside in Taiwan;	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant's older brother is a citizen of Taiwan currently residing in the U.S.;	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant traveled to Taiwan to visit her family, twice in 2001, and once in 2000, 1999, 1998, and 1995;	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	Applicant has periodic telephonic contact with her grandmother, mother, and father in Taiwan to check up on their health;	For Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	Applicant has once yearly telephone contact and occasional visits in the U.S. with a friend who is a Government research scientist in Taiwan. He has known this friend since 1985, when they were both graduate students at an American university;	For Applicant	Friend in Foreign Country Friend	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.f	Applicant traveled to the People's Republic of China (PRC) in 2001, 2000, 1998, and 1995, for acupuncture treatment and sightseeing;	For Applicant	Unspecified Foreign Relationship Other	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.g	Applicant socializes weekly with a husband and wife who are citizens of the PRC. They reside in the U.S., where the husband is a Computer Science professor at a U.S. university.	For Applicant	Friend in Foreign Country Friend	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's father (71), mother (69), stepmother, grandmother (90), half-brother, and brother and sister are citizens of Taiwan and currently reside in Taiwan;

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.b

Applicant's older brother is a citizen of Taiwan currently residing in the U.S.;

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.c

Applicant traveled to Taiwan to visit her family, twice in 2001, and once in 2000, 1999, 1998, and 1995;

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.d

Applicant has periodic telephonic contact with her grandmother, mother, and father in Taiwan to check up on their health;

For Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.e

Applicant has once yearly telephone contact and occasional visits in the U.S. with a friend who is a Government research scientist in Taiwan. He has known this friend since 1985, when they were both graduate students at an American university;

For Applicant

Friend in Foreign Country

Friend

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.f

Applicant traveled to the People's Republic of China (PRC) in 2001, 2000, 1998, and 1995, for acupuncture treatment and sightseeing;

For Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

2.g

Applicant socializes weekly with a husband and wife who are citizens of the PRC. They reside in the U.S., where the husband is a Computer Science professor at a U.S. university.

For Applicant

Friend in Foreign Country

Friend

People's Republic of China

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	As of May 15, 2002, Applicant possessed a valid Taiwanese passport that was issued in May 1997 and was due to expire in May 2003.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
2.b	Applicant became a naturalized U.S. citizen in November 1999, at which time she believed she was no longer a Taiwan citizen.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.c	On April 1, 2003, Applicant formally renounced both her Taiwan citizenship and her right to use her Taiwan passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.d	On July 31, 2003, Applicant cut up her then invalid Taiwan passport and mailed it to a Taipei Economic and Cultural Office in the U.S.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
2.e–2.g	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

As of May 15, 2002, Applicant possessed a valid Taiwanese passport that was issued in May 1997 and was due to expire in May 2003.

For Applicant

Foreign Passport Possession or Use

Admitted

—

2.b

Applicant became a naturalized U.S. citizen in November 1999, at which time she believed she was no longer a Taiwan citizen.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.c

On April 1, 2003, Applicant formally renounced both her Taiwan citizenship and her right to use her Taiwan passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.d

On July 31, 2003, Applicant cut up her then invalid Taiwan passport and mailed it to a Taipei Economic and Cultural Office in the U.S.

For Applicant

Foreign Passport Possession or Use

Admitted

—

2.e–2.g

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

For Applicant

—

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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