Summary
A naturalized U.S. citizen of Chinese descent was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's sister is a citizen and resident of Hong Kong and works for the Chinese government. Additionally, his mother-in-law and father-in-law are citizens and residents of Hong Kong.
The applicant also maintains significant financial ties to Hong Kong. He receives a $4,000.00 monthly pension from the Hong Kong government, which is deposited directly into a Hong Kong bank. Furthermore, he holds approximately $1,050,000.00 in assets in Hong Kong. Before becoming a U.S. citizen on September 14, 2001, the applicant obtained and used a Hong Kong passport.
The judge determined that the applicant failed to mitigate the security concerns arising from his relatives' presence in Hong Kong and his substantial foreign assets. Specifically, he did not provide sufficient evidence to address the potential foreign influence from his sister's employment or the implications of his significant financial interests in Hong Kong. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a sister employed by the Chinese government, creating potential foreign influence.
- He maintains substantial financial interests in Hong Kong, including a monthly pension and over $1,000,000 in assets.
- The applicant did not provide sufficient evidence to mitigate the security concerns related to his foreign connections.
Conditions Referenced
- DC 1appliedAn 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 2appliedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- DC 3appliedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government.
- DC 8appliedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.
- MC 1rejectedA Determination That the Immediate Family Member(s), (spouse, Father, Mother, Sons, Daughters, Brothers, Sisters), Cohabitant, . . . Are Not . . . in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Person(s) Involved and the United States.The applicant did not provide evidence that his relatives are not in a position to be exploited.
- MC 3rejectedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.The applicant's connections to foreign citizens are significant and ongoing.
- MC 5rejectedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.The applicant's financial interests in Hong Kong are substantial.
Key Rule Quoted
“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedSep 16, 2003
- Answer filedOct 8, 2003Applicant requested a decision based on the written record.
- Hearing held—No hearing was held.
- Decision dateMay 6, 2004
Cite For
- Foreign Influence Due to Family Ties Under Guideline B
- Foreign Preference Concerns Related to Financial Interests Under Guideline C
- The Burden of Proof in Security Clearance Cases Rests with the Government, but the Applicant Must Ultimately Persuade for a Favorable Decision.