Summary
A 30-year-old engineer with dual U.S. and Taiwanese citizenship sought a security clearance, which was ultimately granted. Initial concerns were raised under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). Specifically, the applicant was a dual citizen who had renewed and possessed a Taiwanese passport after becoming a naturalized U.S. citizen. This led to allegations of foreign preference and potential foreign influence due to family ties in Taiwan.
Additionally, the applicant faced allegations of personal conduct related to his security clearance application dated April 16, 2001. He answered "NO" to Question 15, which asked if he had an active foreign passport in the last seven years, despite having been issued a Taiwanese passport on December 6, 1999. The government alleged this was an intentional falsification of material aspects of his background.
However, the judge found that the applicant had mitigated these concerns. He renounced his Taiwanese citizenship, surrendered his Taiwanese passport, and received a Loss of Nationality Certificate, demonstrating a clear preference for the United States. Furthermore, his immediate family resides in the U.S., addressing foreign influence concerns. The inaccuracies in his application were determined to be careless mistakes rather than intentional falsifications. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a preference for the United States.
- The applicant's immediate family resides in the United States, mitigating foreign influence concerns.
- The applicant's inaccuracies in the security clearance application were deemed careless mistakes rather than intentional falsifications.
Conditions referenced
- C1raisedForeign Preference
- B1raisedForeign Influence
- E1raisedPersonal Conduct
- C1appliedForeign PreferenceThe applicant renounced his dual citizenship and surrendered his foreign passport.
- B1appliedForeign InfluenceThe applicant's immediate family resides in the U.S. and there is no evidence of foreign influence.
- E1appliedPersonal ConductThe applicant's inaccuracies were found to be careless mistakes, not intentional.
Key rule quoted
“The Government must make out a case under Guideline C (foreign preference) Guideline B (foreign influence) and Guideline E (personal conduct) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural posture
- SOR issuedNov 7, 2003
- Answer filedJan 2, 2004
- Hearing heldJun 9, 2004
- Decision dateJul 20, 2004
Cite for
- Mitigation of Foreign Preference Through Renunciation of Citizenship
- Absence of Foreign Influence Due to Family Residing in the U.S.
- Careless Mistakes in Application Not Constituting Intentional Falsification