ISCR Case 02-31154.h1

Case Headnote

ISCR Case No. 02-31154.h1

grantedJan 27, 2005· Hon. Michael J. Breslin· hearing

Summary

A 41-year-old naturalized U.S. citizen and aerospace engineer, born in Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted several issues, including the applicant's immediate family (father and two brothers) residing in Taiwan, and close bonds with his mother-in-law, father-in-law, and sister-in-law, who also live there. The applicant maintained regular contact with these relatives, and his mother-in-law lived with his family for part of each year.

Further concerns involved the applicant's substantial financial interests in Taiwan, such as real estate holdings, a bank account, and stock shares. His brother works for a private company contracting with the Taiwanese government, and his mother-in-law receives a Taiwanese retirement. Additionally, the applicant's wife has relatives living in Taiwan. The case also noted that the exercise of dual citizenship and possession of a foreign passport could indicate a disqualifying foreign preference.

Ultimately, the security clearance was granted. The applicant had renounced his Taiwanese citizenship and returned his passport, demonstrating a commitment to the U.S. The judge found that his extensive personal, professional, and economic ties to the United States mitigated potential security concerns. Crucially, none of the applicant's relatives in Taiwan were involved in intelligence gathering or deemed vulnerable to coercion, leading to the conclusion that his connections did not pose a security risk.

Why the Applicant Prevailed

Applicant renounced his Taiwanese citizenship and returned his passport, demonstrating a commitment to the U.S.
He has extensive personal, professional, and economic ties to the United States, mitigating potential security concerns.
None of the applicant's relatives in Taiwan are involved in intelligence gathering or are vulnerable to coercion.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedForeign Influence - Immediate Family Members
E2.A3.1.2.2appliedForeign Preference - Possession of Foreign Passport
E2.A3.1.2.3appliedForeign Preference - Military Service
E2.A2.1.2.8appliedForeign Influence - Substantial Financial Interest

Mitigating

E2.A3.1.3.1appliedForeign Preference - Dual Citizenship by Birth
E2.A3.1.3.2appliedForeign Preference - Military Service Before U.S. Citizenship
E2.A2.1.3.1appliedForeign Influence - Family Members Not Agents of Foreign Power
E2.A2.1.3.2appliedForeign Influence - Limited Vulnerability to Foreign Influence
E2.A3.1.3.4appliedForeign Preference - Willingness to Renounce Dual Citizenship

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
— Directive, ¶ E2.2.1.

Procedural Posture

SOR issuedJan 28, 2004
Answer filedMar 24, 2004
Hearing heldOct 20, 2004via in-person hearing
Decision dateJan 27, 2005

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties in a Democratic Country
Rebuttable Presumption of Foreign Preference Based on Dual Citizenship
Consideration of the Whole Person Concept in Security Clearance Determinations.

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
2.a	Applicant has immediate family members-his father and two brothers-who are citizens and residents of Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant's mother-in-law, father-in-law, and sister-in-law are persons with whom he has close bonds of affection.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant maintains regular contact with his father, his younger brother, his mother-in-law and his father-in-law.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	Applicant's mother-in-law lives with Applicant's family for a portion of each year.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	Applicant has substantial financial interests in Taiwan, including real estate holdings.	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	—	—
2.f	Applicant's brother works for a private company that performs contract work for the government of Taiwan.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan	Admitted	(c) failure to report or disclose association with a foreign person/group/government	—	—
2.g	Applicant's mother-in-law receives a retirement as a former school teacher in Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(c) failure to report or disclose association with a foreign person/group/government	—	—
2.h	Applicant's wife has relatives who live in Taiwan all or part of the time.	For Applicant	Extended Family in Foreign Country Extended Family	Taiwan	Admitted	—	—	—
2.i	Applicant has had property interests in Taiwan, including a bank account and shares of stock.	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has immediate family members-his father and two brothers-who are citizens and residents of Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.b

Applicant's mother-in-law, father-in-law, and sister-in-law are persons with whom he has close bonds of affection.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.c

Applicant maintains regular contact with his father, his younger brother, his mother-in-law and his father-in-law.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.d

Applicant's mother-in-law lives with Applicant's family for a portion of each year.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.e

Applicant has substantial financial interests in Taiwan, including real estate holdings.

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

Admitted

(h) foreign nationals acting to increase the individual’s vulnerability

—

2.f

Applicant's brother works for a private company that performs contract work for the government of Taiwan.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

Admitted

(c) failure to report or disclose association with a foreign person/group/government

—

2.g

Applicant's mother-in-law receives a retirement as a former school teacher in Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

(c) failure to report or disclose association with a foreign person/group/government

—

2.h

Applicant's wife has relatives who live in Taiwan all or part of the time.

For Applicant

Extended Family in Foreign Country

Extended Family

Taiwan

Admitted

—

2.i

Applicant has had property interests in Taiwan, including a bank account and shares of stock.

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

Admitted

(h) foreign nationals acting to increase the individual’s vulnerability

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship may be disqualifying.	For Applicant	Failure to Renounce or Surrender Foreign Status	Unknown	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.b	Possession and/or use of a foreign passport may show a potentially disqualifying foreign preference.	For Applicant	Foreign Passport Possession or Use	Unknown	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship may be disqualifying.

For Applicant

Failure to Renounce or Surrender Foreign Status

Unknown

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.b

Possession and/or use of a foreign passport may show a potentially disqualifying foreign preference.

For Applicant

Foreign Passport Possession or Use

Unknown

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES