ISCR Case 02-29658.h1

Case Headnote

ISCR Case No. 02-29658.h1

grantedJan 13, 2005· Hon. LeRoy F. Foreman· hearing

Summary

This DOHA security clearance decision involved an applicant, a naturalized U.S. citizen originally from Taiwan, under Guideline B (Foreign Influence). Concerns were raised due to his immediate family and in-laws residing in Taiwan. Specifically, the Statement of Reasons noted that his parents, sister, mother-in-law, brother-in-law, and sister-in-law are all citizens and residents of Taiwan. The applicant had visited his parents there and maintained contact with his brother-in-law and sister-in-law. These facts raised Disqualifying Conditions 1 and 2.

However, the judge applied Mitigating Conditions 1 and 3, finding that the applicant's ties to Taiwan were primarily familial and did not pose a security risk. The applicant's immediate family members were described as elderly and not in a position to be exploited by a foreign power. Furthermore, his contacts with college classmates in Taiwan were deemed casual and infrequent.

Ultimately, the judge determined that the family's lack of association with a foreign power, combined with the applicant's strong ties to the U.S. and demonstrated loyalty, mitigated the foreign influence concerns. The security clearance was GRANTED.

Why the Applicant Prevailed

The applicant's immediate family members are elderly and not in a position to be exploited by a foreign power.
The applicant's ties to Taiwan are primarily familial and do not pose a security risk.
The applicant's contacts with college classmates in Taiwan are casual and infrequent.

Conditions Referenced

Disqualifying

DC 1raisedImmediate Family Members Are Citizens or Residents of a Foreign Country.
DC 2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.

Mitigating

MC 1appliedImmediate Family Members 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.

Key Rule Quoted

“"The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States."”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedJan 16, 2004
Answer filedFeb 18, 2004
Hearing heldOct 20, 2004
Decision dateJan 13, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Determinations
Impact of Casual Contact with Foreign Nationals on Security Clearance Eligibility

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 parents are citizens and residents 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	Claimed Other
1.b	Applicant's sister is a citizen and resident of Taiwan.	For Applicant	Sibling 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	Claimed Other
1.c	Applicant visited his parents in Taiwan.	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	Claimed Other
1.d	Applicant's mother-in-law is a citizen of Taiwan.	For Applicant	In Law 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	Claimed Other
1.e	Applicant's brother-in-law and sister-in-law are citizens and residents of Taiwan.	For Applicant	In Law 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	Claimed Other
1.f	Applicant maintains contact with his brother-in-law and sister-in-law in Taiwan.	For Applicant	In Law 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	Claimed Other
1.g	Applicant's brother-in-law is a citizen of Taiwan.	For Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan LOW RISK / ALLY	Denied	(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	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens and residents 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

Claimed

Other

1.b

Applicant's sister is a citizen and resident of Taiwan.

For Applicant

Sibling 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

Claimed

Other

1.c

Applicant visited his parents in Taiwan.

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

Claimed

Other

1.d

Applicant's mother-in-law is a citizen of Taiwan.

For Applicant

In Law 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

Claimed

Other

1.e

Applicant's brother-in-law and sister-in-law are citizens and residents of Taiwan.

For Applicant

In Law 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

Claimed

Other

1.f

Applicant maintains contact with his brother-in-law and sister-in-law in Taiwan.

For Applicant

In Law 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

Claimed

Other

1.g

Applicant's brother-in-law is a citizen of Taiwan.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

LOW RISK / ALLY

Denied

(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

Claimed

Other

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES