Summary
The applicant, a 46-year-old senior engineer and naturalized U.S. citizen originally from Taiwan, mitigated foreign influence concerns related to her family ties in Taiwan. Despite having parents and siblings residing in Taiwan, the applicant demonstrated strong ties to the U.S. and credible assurances against potential coercion. The judge found her work performance exemplary and her loyalty to the U.S. well-established, leading to the granting of her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's father, mother, three sisters, and one brother are citizens of Taiwan and live there. The parents have a small business where they sell fruit which they have owned for 30 years. Her father previously worked as an elementary school teacher. She speaks with her parents two to three times a month to discuss their health (1.a). Applicant's mother-in-law, who is a citizen of Taiwan and lives there, is 73 and is a housewife. Applicant does not talk with her on a regular basis (1.b). Applicant also has a sister who became a naturalized U.S. citizen in 1992 and lives in the U.S.; she has a Ph.D. in chemistry. Her oldest sister used to work for a U.S. corporation and is retired. Her younger sister works as a buy for a small local firm; her youngest sister works for the telephone company. Her brother works for a construction company. She speaks to her siblings about four times a year. None of her family works for the Taiwanese government, the military, or any intelligence agency (1.c).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.6. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: The applicant has been a naturalized U.S. citizen for seven years and has lived in the U.S. for twenty years; She has no assets in Taiwan and all her financial interests are in the U.S; Her family members in Taiwan have no ties to the government, reducing the risk of coercion.
Why the Applicant Prevailed
- The applicant has been a naturalized U.S. citizen for seven years and has lived in the U.S. for twenty years.
- She has no assets in Taiwan and all her financial interests are in the U.S.
- Her family members in Taiwan have no ties to the government, reducing the risk of coercion.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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.
- E2.A2.1.2.6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key Rule Quoted
“In considering the security risk associated with foreign interests, it is important to distinguish between susceptibility to recruitment and vulnerability to being targeted for recruitment.”
Procedural Posture
- SOR issuedSep 2, 2004
- Answer filedSep 17, 2004
- Hearing heldMar 29, 2005Applicant retained new counsel on March 14, 2005.
- Decision dateOct 31, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Credible Assurances Against Coercion
- Whole Person Analysis in Security Clearance Determinations