ISCR Case 02-32962.h1

Case Headnote

ISCR Case No. 02-32962.h1

deniedMay 10, 2004· Hon. Philip S. Howe· hearing

Summary

A U.S. citizen, originally from Taiwan, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The Statement of Reasons cited the applicant's immediate family members residing in Taiwan, including a sister employed by the Taiwanese government, and the potential for adverse foreign influence. Additionally, the applicant's exercise of dual citizenship and possession of a foreign passport were noted.

Specific disqualifying conditions raised included the applicant's retention and renewal of his Taiwanese passport after becoming a U.S. citizen, which was seen as indicating a preference for Taiwan and undermining his allegiance to the U.S. His family ties in Taiwan also raised foreign influence concerns. Furthermore, the applicant was alleged to have falsified his marital status on his security clearance application.

While mitigating conditions were considered, the judge ultimately found that the applicant's actions, particularly the retention and renewal of his Taiwanese passport during the security clearance review, demonstrated a preference for Taiwan and potential foreign influence. Consequently, the security clearance was denied.

Why the Applicant Was Denied

Applicant retained his Taiwanese passport after becoming a U.S. citizen, indicating foreign preference.
Applicant's family ties in Taiwan, including a sister employed by the Taiwanese government, raised foreign influence concerns.
Applicant's renewal of his Taiwanese passport while undergoing security clearance review undermined his claims of allegiance to the U.S.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
B1raisedImmediate Family Member Is a Citizen of a Foreign Country
B2raisedSharing Living Quarters with a Person Who May Be Subject to Foreign Influence
E2raisedDeliberate Omission or Falsification of Relevant Facts

Mitigating

C4appliedExpressed Willingness to Renounce Dual Citizenship
E1appliedFalsification Was an Isolated Incident

Key Rule Quoted

“The security concerns underlying this guideline are that the possession and use of a foreign passport in preference to a U.S. passport raises doubt as to whether the person's allegiance to the United States is paramount.”

Procedural Posture

SOR issuedAug 11, 2002
Answer filedAug 27, 2003Applicant responded to SOR allegations.
Hearing held—Applicant requested decision on written record.
Decision dateMay 10, 2004

Cite For

Foreign Preference Due to Retention of a Foreign Passport
Foreign Influence From Familial Ties Abroad
Personal Conduct Issues Related to Omission on Security Clearance Application

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	An 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.	Against 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	Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.	Against Applicant	Unspecified Foreign Relationship Other	—	Admitted	(b) connections creating a potential conflict of interest	—	—
2.c	Relatives, cohabitants, or associates who are connected with any foreign government.	Against 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.d–2.h	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An 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.

Against 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

Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.

Against Applicant

Unspecified Foreign Relationship

Other

—

Admitted

(b) connections creating a potential conflict of interest

—

2.c

Relatives, cohabitants, or associates who are connected with any foreign government.

Against 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.d–2.h

5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Possession and/or use of a foreign passport.	Against Applicant	Foreign Passport Possession or Use	Admitted	(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.	—	—
1.c	Military Service or a willingness to bear arms for a foreign country.	Against Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

Possession and/or use of a foreign passport.

Against Applicant

Foreign Passport Possession or Use

Admitted

(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.

—

1.c

Military Service or a willingness to bear arms for a foreign country.

Against Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant falsified his marital status on his security clearance application (SCA).	For Applicant	Falsification Security FormNOT DELIBERATESELF-CORRECTED	—	Denied	(b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	Credited Corrected Falsification Promptly Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified his marital status on his security clearance application (SCA).

For Applicant

Falsification Security FormNOT DELIBERATESELF-CORRECTED

—

Denied

(b) deliberately providing false information to an investigator or official

(a) prompt, good-faith correction before being confronted

(c) offense is minor, long ago, infrequent, or unique circumstances

Credited

Corrected Falsification Promptly

Claimed

Other

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Case Profile

Summary

Why the Applicant Was Denied

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