Summary
The applicant, a 51-year-old Principal Engineer who became a U.S. citizen in 1991, has extensive family ties in Taiwan and the People's Republic of China (PRC), which raised security concerns under Guideline B (Foreign Influence). Despite admitting to the allegations regarding his family connections, the applicant failed to demonstrate adequate mitigation of the risks posed by these ties, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's father, step-mother, four siblings, and two step-siblings are citizens of Taiwan, and currently reside in that country (1.a). Applicant maintains telephone contact with his relatives in Taiwan, once or twice a month (1.b). Applicant's oldest sibling is a taxation official for a local government taxation agency in Taiwan (1.c). Applicant's second oldest sibling is employed as a scientist within the central government of Taiwan (1.d). Applicant traveled to Taiwan in May 1998 (1.e). Applicant's parents-in-law are citizens of the Peoples Republic of China (PRC) (1.f). Applicant traveled to the PRC in June 2002 (1.g).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 3. The judge applied mitigating conditions MC 1. The decision turned on the following: The applicant has immediate family members who are citizens of Taiwan and the PRC, creating a potential for foreign influence; The applicant failed to demonstrate that his family ties do not pose an unacceptable security risk; The applicant's periodic contact with family members in Taiwan and the PRC was deemed insufficient to mitigate security concerns.
Why the Applicant Was Denied
- The applicant has immediate family members who are citizens of Taiwan and the PRC, creating a potential for foreign influence.
- The applicant failed to demonstrate that his family ties do not pose an unacceptable security risk.
- The applicant's periodic contact with family members in Taiwan and the PRC was deemed insufficient to mitigate security concerns.
Conditions Referenced
- DC 1raisedAn Immediate Family Member . . . Is a Citizen Of, or Resident or Present In, a Foreign Country
- DC 3raisedRelatives Who Are Connected with Any Foreign Government
- MC 1rejectedThe Immediate Family Members . . . Would Not Constitute an Unacceptable Security RiskThe applicant did not provide sufficient evidence to demonstrate that his family ties do not pose a security risk.
Key Rule Quoted
“an applicant with immediate family members living in a country hostile to the United States should not be granted a security clearance without a very strong showing that those family ties do not pose a security risk”
Procedural Posture
- SOR issuedMay 5, 2004
- Answer filedMay 14, 2004Applicant elected for a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateJun 8, 2005
Cite For
- Foreign Influence Concerns Due to Family Ties in Taiwan and the PRC
- Insufficient Mitigation of Security Risks Posed by Foreign Family Connections
- The Burden of Proof Lies with the Applicant to Demonstrate Eligibility for a Security Clearance