Summary
The applicant, a 56-year-old naturalized U.S. citizen originally from Taiwan, faced security clearance denial under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct) due to familial ties in Taiwan and possession of a Taiwan passport. The judge found that the applicant failed to mitigate concerns regarding potential foreign influence and preference, as well as issues of falsification on his security clearance application.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's mother-in-law, brother-in-law, and two sisters-in-law are citizens and residents of Taiwan (1.a). Applicant traveled to Taiwan in 1991, January 1993, August 1999, November 2000, and in October 2003 (1.b). Applicant exercised dual citizenship with Taiwan and the United States (2.a). Applicant applied for and was issued a Taiwan passport on September 25, 1995, even though he had become a naturalized U.S. citizen in January 1981 (2.b). As of November 4, 2005, when he was interviewed by an authorized investigator for the Department of Defense, he possessed a Taiwan passport that had been issued on September 25, 1995, and expired on September 25, 2001 (2.c). Applicant failed to disclose possession of a Taiwan passport on his 2002 security clearance application (3.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A3.1.2.1, E2.A5.1.1. The decision turned on the following: Applicant has close family ties to Taiwan, including a brother-in-law and two sisters-in-law who are citizens and residents of Taiwan; Applicant possessed a Taiwan passport, which he acquired after becoming a U.S. citizen, raising concerns under foreign preference; Applicant failed to disclose the Taiwan passport on his 2002 security clearance application, indicating a lack of candor.
Why the Applicant Was Denied
- Applicant has close family ties to Taiwan, including a brother-in-law and two sisters-in-law who are citizens and residents of Taiwan.
- Applicant possessed a Taiwan passport, which he acquired after becoming a U.S. citizen, raising concerns under foreign preference.
- Applicant failed to disclose the Taiwan passport on his 2002 security clearance application, indicating a lack of candor.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A3.1.2.1raisedForeign Preference
- E2.A5.1.1raisedPersonal Conduct
Key Rule Quoted
“[N]o one has a 'right' to a security clearance.”
Procedural Posture
- SOR issuedJan 18, 2006
- Answer filedMar 10, 2006
- Hearing heldMay 24, 2006
- Decision dateJun 29, 2006
Cite For
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Foreign Preference Issues Related to Possession of a Foreign Passport Under Guideline C
- Lack of Candor in Security Clearance Applications Under Guideline E