Summary
Applicant, a naturalized U.S. citizen since 1992, has lived in the U.S. since 1981 and has family ties in Taiwan, including four brothers and two sisters. He owns properties in Taiwan valued at approximately $118,000. The judge found that the applicant mitigated the foreign influence concerns due to minimal contact with his relatives and efforts to divest his foreign assets. Clearance is granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has four brothers and two sisters who are citizens and residents of the Republic of China (Taiwan) (1.a). He also has part interest in a number of properties in Taiwan that are worth about $118,000.00 (1.b). Neither Applicant nor his wife provide financial support for anyone in Taiwan (1.c).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 8. The judge applied mitigating conditions MC 1, MC 3, MC 5. The decision turned on the following: Applicant has lived in the U.S. for over 23 years and is a naturalized citizen; He has minimal contact with his siblings in Taiwan, communicating infrequently; He has made efforts to divest his foreign financial interests, including gifting property to his daughter.
Why the Applicant Prevailed
- Applicant has lived in the U.S. for over 23 years and is a naturalized citizen.
- He has minimal contact with his siblings in Taiwan, communicating infrequently.
- He has made efforts to divest his foreign financial interests, including gifting property to his daughter.
Conditions Referenced
- DC 1raisedAn 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.
- DC 8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.
- MC 1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedNov 10, 2003
- Answer filedJan 13, 2004
- Hearing heldOct 20, 2004
- Decision dateJan 5, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Minimal Contact with Foreign Relatives as a Mitigating Factor
- Efforts to Divest Foreign Financial Interests as a Positive Indicator