Summary
The applicant, a 54-year-old naturalized U.S. citizen originally from Taiwan, faced allegations of foreign influence due to family ties in Taiwan. Despite having relatives in Taiwan, the judge found no evidence of potential exploitation or coercion that would compromise the applicant's loyalty to the U.S. The applicant's long history of reliable conduct and compliance with security protocols contributed to the decision to grant the security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has relatives who are citizens of Republic of China (Taiwan) and reside there (1.a). Applicant provides some economic support to his elderly mother (1.b). Applicant's brothers have ties to the government in Taiwan (1.c). Applicant's brothers work in public utilities, not defense-related agencies (1.d). Applicant's mother is elderly and in poor health (1.e). Applicant has limited contact with his brothers who live in Taiwan (1.f). Applicant's mother-in-law and sisters-in-law are citizens of Taiwan, but have immigrated to the U.S (1.g). Applicant reports visits to Taiwan to his security manager and follows security procedures (1.h).
The judge granted the clearance. The government raised disqualifying conditions B1. The judge applied mitigating conditions B1, B3. The decision turned on the following: The applicant has a long history of reliable conduct and compliance with security protocols since 1995; There is no evidence that the applicant's relatives in Taiwan could exploit him or force him to choose between them and the U.S; The applicant's contacts with his family in Taiwan are infrequent and casual.
Why the Applicant Prevailed
- The applicant has a long history of reliable conduct and compliance with security protocols since 1995.
- There is no evidence that the applicant's relatives in Taiwan could exploit him or force him to choose between them and the U.S.
- The applicant's contacts with his family in Taiwan are infrequent and casual.
Conditions Referenced
- B1raisedForeign Influence
- B1appliedForeign InfluenceThe applicant's family members are not agents of a foreign power and are not in a position to exert influence over him.
- B3appliedForeign InfluenceThe applicant's contact with foreign citizens is infrequent and casual.
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 issuedAug 27, 2003
- Answer filedSep 11, 2003
- Hearing heldMar 8, 2004
- Decision dateAug 30, 2004
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties and Their Impact on Security Clearance
- Consideration of Long-term Reliable Conduct in Security Clearance Decisions