ISCR Case 03-05880.h1

Case Headnote

ISCR Case No. 03-05880.h1

grantedOct 14, 2004· Hon. Martin H. Mogul· hearing

Summary

A naturalized U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted her family ties in the PRC, including a brother-in-law retired from the PRC Navy and currently employed by a PRC government agency, and other relatives who are PRC citizens and residents. The applicant's mother is also a PRC citizen and resident, though she is applying for U.S. residency. The applicant had previously sent her mother monthly financial support and had traveled to the PRC seven times, with the last trip for an adoption. Her husband also applied for green cards for his parents.

Concerns under Guideline C arose because the applicant possessed a PRC passport until January 2003, which was not set to expire until August 2004. However, the applicant testified that she believed she had renounced her PRC citizenship upon becoming a U.S. citizen and never used the PRC passport afterward. She destroyed the passport in front of a Defense Security Service agent in January 2003, once she understood the implications of retaining it.

The judge ultimately granted the clearance, finding that the applicant's minimal and infrequent contact with her PRC relatives, coupled with their lack of PRC government affiliation (except for the brother-in-law), mitigated foreign influence risks. Her destruction of the PRC passport further demonstrated a lack of foreign preference. The applicant also does not anticipate any inheritance or financial interest from the PRC.

Why the Applicant Prevailed

The applicant's immediate family members in PRC are not affiliated with the PRC government.
The applicant has minimal and infrequent contact with her relatives in PRC.
The applicant destroyed her PRC passport after becoming a U.S. citizen, indicating no foreign preference.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Members, or Persons to Whom the Individual Has Close Ties of Affection or Obligation, Who Are Citizens Of, or Resident In, a Foreign Country.
E2.A2.1.2.3raisedRelatives Who Are Connected with Any Foreign Government.
E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Members in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.3appliedContact with Foreign Citizens Is Casual and Infrequent.
E2.A3.1.3appliedThe Individual Has Taken Affirmative Steps to Renounce Dual Citizenship.

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the U.S. Government that is predicated upon trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJan 16, 2004
Answer filedFeb 6, 2004
Hearing heldJun 25, 2004via MS Teams
Decision dateOct 14, 2004

Cite For

Mitigation of Foreign Influence Concerns Due to Lack of Family Government Ties
Demonstration of Renunciation of Foreign Citizenship as a Mitigating Factor
Minimal Contact with Foreign Relatives as a Mitigating Condition

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 has immediate family members or people to whom she may be bound by affection or obligation, who are not citizens of the United States, or may be subject to duress.	For Applicant	Parent in Foreign Country Immediate Family	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.b	Applicant has a brother-in-law who is a citizen and resident of PRC, retired from the PRC Navy in 2000, and is currently employed with a government agency of PRC.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.c	Applicant has other relatives who are citizens and residents of PRC, but her contacts with them are infrequent.	For Applicant	Extended Family in Foreign Country Extended Family	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.d	Applicant's mother is a citizen and resident of PRC and is in the process of applying to become a resident of the United States.	For Applicant	Parent in Foreign Country Immediate Family	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.e	Applicant has sent her mother between $200 and $250 a month, but she no longer does it regularly.	For Applicant	Financial Support to Foreign Relative Immediate Family	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.f	Applicant's husband has applied for a green card for his parents to move to the United States.	For Applicant	In Law in Foreign Country Immediate Family	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.g	Applicant has traveled to PRC on seven occasions, with the last trip related to her adoption of her daughter.	For Applicant	Unspecified Foreign Relationship Other	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.h	Applicant does not anticipate receiving any inheritance or other financial interest from PRC.	For Applicant	Unspecified Foreign Relationship Other	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.i	Applicant has minimal ties to PRC, making it unlikely that she would respond favorably to any efforts to act against United States interests.	For Applicant	Unspecified Foreign Relationship Other	People's Republic of China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has immediate family members or people to whom she may be bound by affection or obligation, who are not citizens of the United States, or may be subject to duress.

For Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.b

Applicant has a brother-in-law who is a citizen and resident of PRC, retired from the PRC Navy in 2000, and is currently employed with a government agency of PRC.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.c

Applicant has other relatives who are citizens and residents of PRC, but her contacts with them are infrequent.

For Applicant

Extended Family in Foreign Country

Extended Family

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.d

Applicant's mother is a citizen and resident of PRC and is in the process of applying to become a resident of the United States.

For Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.e

Applicant has sent her mother between $200 and $250 a month, but she no longer does it regularly.

For Applicant

Financial Support to Foreign Relative

Immediate Family

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.f

Applicant's husband has applied for a green card for his parents to move to the United States.

For Applicant

In Law in Foreign Country

Immediate Family

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.g

Applicant has traveled to PRC on seven occasions, with the last trip related to her adoption of her daughter.

For Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.h

Applicant does not anticipate receiving any inheritance or other financial interest from PRC.

For Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.i

Applicant has minimal ties to PRC, making it unlikely that she would respond favorably to any efforts to act against United States interests.

For Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

Admitted

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

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because she has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because, as of January 2003, Applicant possessed a PRC passport, which was not scheduled to expire until August 2004.	For Applicant	Foreign Passport Possession or Use	Denied	(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.	—	—
2.b	Applicant testified that after she was sworn in as a United States citizen, she believed that she had renounced her PRC citizenship, and she never used her PRC passport after becoming a United States citizen. When she was made aware of the negative implications of retaining her PRC passport by a Defense Security Service (DSS) agent who interviewed her, Applicant destroyed the passport in front of the DSS agent in January 2003.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because she has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because, as of January 2003, Applicant possessed a PRC passport, which was not scheduled to expire until August 2004.

For Applicant

Foreign Passport Possession or Use

Denied

(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.

—

2.b

Applicant testified that after she was sworn in as a United States citizen, she believed that she had renounced her PRC citizenship, and she never used her PRC passport after becoming a United States citizen. When she was made aware of the negative implications of retaining her PRC passport by a Defense Security Service (DSS) agent who interviewed her, Applicant destroyed the passport in front of the DSS agent in January 2003.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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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