ISCR Case 03-09469.h1

Case Headnote

ISCR Case No. 03-09469.h1

grantedApr 8, 2005· Hon. Martin H. Mogul· hearing

Summary

A naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted the applicant's family ties to Taiwan, including parents, in-laws, and a brother, all of whom are Taiwanese citizens and residents. None of these family members were found to have any affiliation with the Taiwanese government. The applicant maintained weekly contact with his parents, primarily regarding their health, and less frequent contact with other relatives.

The applicant had traveled to Taiwan multiple times between 1994 and 1999 for family visits, including arranging his marriage and attending a grandmother's funeral. A key concern under Guideline C was the applicant's use of both Taiwanese and U.S. passports for entry and exit from Taiwan on three occasions in 1997 and 1999. However, the applicant was unaware of any inheritance or financial interests in Taiwan, and his U.S. financial holdings were estimated at several hundred thousand dollars.

Ultimately, the judge determined that the applicant's ties did not pose an unacceptable security risk. This decision was based on the finding that his family members were not affiliated with the Taiwanese government and were not in a position to be exploited. Furthermore, the applicant had surrendered his expired Taiwanese passport to the Taiwanese government and had not used it since 1999, demonstrating strong loyalty to the United States.

Why the Applicant Prevailed

Applicant surrendered his expired Taiwanese passport to the Taiwanese government.
Family members in Taiwan are not affiliated with the Taiwanese government and are not in a position to be exploited.
The applicant demonstrated strong loyalty to the United States and has not used his Taiwanese passport since 1999.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedImmediate Family Members Who Are Citizens or Residents of a Foreign Country

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power

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 issuedAug 23, 2004
Answer filedSep 23, 2004Notarized Response to SOR
Hearing heldMar 22, 2005Formal notice dated March 3, 2005
Decision dateApr 8, 2005

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties
Surrender of Foreign Passport as a Mitigating Factor
Demonstration of Loyalty to the United States in Security Clearance Cases

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	Applicant's parents are Taiwan citizens and residents. Both of them are retired and his mother is in poor health. His father was a representative of the food bureau of a local province in Taiwan and his mother was a homemaker. Neither of them ever worked for or had any affiliation with the Taiwan Government. Applicant talks to them by telephone on a weekly basis mainly to ask about their health.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant's parents-in-law are citizens and residents of Taiwan. Applicant's three sisters-in-law and one brother-in-law are also citizens and residents of Taiwan. None of them of them ever worked for or had any affiliation with the Taiwan Government. Applicant has had no set contact with any of them, but may speak to them briefly when they call his wife.	For Applicant	In Law in Foreign Country Extended Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant's brother is a citizen and resident of Taiwan. He is a medical doctor, and he has never worked for or had any affiliation with the Taiwan Government. Applicant speaks to him no more frequently than quarterly.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	Since Applicant came to the United States, he has traveled to Taiwan on a number of occasions from 1994 to his last visit in April 1999. The primary reason for his early visits was to visit his family, and his latter visits in 1996 and 1997 was to arrange the marriage and move to the United States of his current wife. His last visit in 1999 was to attend the funeral of his Grandmother.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	Applicant was not aware of receiving any inheritance or other financial interest from Taiwan. He has estimated his financial holdings in this country to be worth several hundred thousand dollars.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's parents are Taiwan citizens and residents. Both of them are retired and his mother is in poor health. His father was a representative of the food bureau of a local province in Taiwan and his mother was a homemaker. Neither of them ever worked for or had any affiliation with the Taiwan Government. Applicant talks to them by telephone on a weekly basis mainly to ask about their health.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

Admitted

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

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

—

2.b

Applicant's parents-in-law are citizens and residents of Taiwan. Applicant's three sisters-in-law and one brother-in-law are also citizens and residents of Taiwan. None of them of them ever worked for or had any affiliation with the Taiwan Government. Applicant has had no set contact with any of them, but may speak to them briefly when they call his wife.

For Applicant

In Law in Foreign Country

Extended Family

Taiwan

Admitted

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

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

—

2.c

Applicant's brother is a citizen and resident of Taiwan. He is a medical doctor, and he has never worked for or had any affiliation with the Taiwan Government. Applicant speaks to him no more frequently than quarterly.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

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

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

—

2.d

Since Applicant came to the United States, he has traveled to Taiwan on a number of occasions from 1994 to his last visit in April 1999. The primary reason for his early visits was to visit his family, and his latter visits in 1996 and 1997 was to arrange the marriage and move to the United States of his current wife. His last visit in 1999 was to attend the funeral of his Grandmother.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

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

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

—

2.e

Applicant was not aware of receiving any inheritance or other financial interest from Taiwan. He has estimated his financial holdings in this country to be worth several hundred thousand dollars.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because Applicant used both his Taiwanese and United States passports to enter and exit Taiwan on two occasions in 1997 and once in 1999.	For 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.	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because Applicant used both his Taiwanese and United States passports to enter and exit Taiwan on two occasions in 1997 and once in 1999.

For 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.

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

Documented

Other

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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