ISCR Case 02-24475.h1

Case Headnote

ISCR Case No. 02-24475.h1

grantedApr 25, 2005· Hon. Paul J. Mason· hearing

Summary

A 42-year-old defense contractor, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons highlighted that her mother and six siblings reside in Taiwan, and she had made four trips there in the last eight years, maintaining regular telephone contact with her mother. Additionally, she had temporary employment in Taiwan in 1992 for academic reasons and established a bank account for her mother.

However, the judge found that these foreign influence concerns were mitigated. None of her immediate family members were identified as agents of a foreign power or in a position where they could be exploited to compromise the applicant. Her temporary employment in Taiwan was for academic purposes, with findings submitted to a Taiwanese science foundation.

Crucially, the applicant demonstrated a strong understanding of her security obligations, including the need to resist and report any exploitative contacts. Her financial ties to Taiwan, specifically the bank account for her mother, were deemed minimal and not substantial enough to create vulnerability or affect her security responsibilities. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

None of the applicant's immediate family members are agents of a foreign power or in a position to be exploited.
The applicant has a strong understanding of her security obligations and would report any exploitative contacts.
The financial interest in Taiwan (a bank account for her mother) is minimal compared to her overall financial situation.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.2.8raisedForeign Influence - Substantial Financial Interest in a Foreign Country

Mitigating

E2.A2.1.3.1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power
E2.A2.1.3.5appliedForeign Influence - Foreign Financial Interests Are Minimal

Key Rule Quoted

“Security concerns may exist when an individual's immediate family, including cohabitants, and other persons to whom her or she may be bound by affection, influence, or obligation are not citizens of the U.S. or may be subject to duress.”
— Department of Navy v. Egan, 484 U.S. 518, at 531.

Procedural Posture

SOR issuedMay 19, 2004
Answer filedJun 3, 2004Requested a hearing.
Hearing heldDec 13, 2004Testimony taken from applicant and her husband.
Decision dateApr 25, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Members' Political Affiliations in Security Clearance Decisions
Evaluation of Minimal Financial Interests in Foreign Countries as a Mitigating Factor.

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
1.a	Applicant's mother and six brothers and sisters are resident citizens of Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.b	None of her immediate family members are agents of a foreign power or in a position to be exploited in a manner that would force Applicant to choose between the family member and the U.S.	For Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.c	The temporary Taiwan employment in 1992 was primarily for academic reasons with the findings turned over to the Taiwanese science foundation.	For Applicant	Foreign Employment or Pension Other	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.d	The potential foreign influence problems raised by Applicant's four trips to Taiwan in the last eight years and her regular telephone contacts with her mother are assuaged by Applicant's cognizance of security concerns associated with foreign ties/contacts.	For Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.e	The bank account established for Applicant's mother does not constitute a substantial interest in Taiwan nor could it make Applicant vulnerable to foreign influence or affect her security responsibilities.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties
1.f	Applicant understands her security obligation to resist and report exploitative contacts.	For Applicant	Unspecified Foreign Relationship Other	Taiwan LOW RISK / ALLY	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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother and six brothers and sisters are resident citizens of Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.b

None of her immediate family members are agents of a foreign power or in a position to be exploited in a manner that would force Applicant to choose between the family member and the U.S.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.c

The temporary Taiwan employment in 1992 was primarily for academic reasons with the findings turned over to the Taiwanese science foundation.

For Applicant

Foreign Employment or Pension

Other

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.d

The potential foreign influence problems raised by Applicant's four trips to Taiwan in the last eight years and her regular telephone contacts with her mother are assuaged by Applicant's cognizance of security concerns associated with foreign ties/contacts.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.e

The bank account established for Applicant's mother does not constitute a substantial interest in Taiwan nor could it make Applicant vulnerable to foreign influence or affect her security responsibilities.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

1.f

Applicant understands her security obligation to resist and report exploitative contacts.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

LOW RISK / ALLY

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

Credited

Deep U.S. Ties

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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

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES