Summary
A 48-year-old U.S. citizen and senior software engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his significant familial ties to Taiwan and his retention of a Taiwanese passport.
Specifically, the applicant's parents, mother-in-law, and three brothers are all citizens and residents of Taiwan. While his wife is a dual citizen of Taiwan and the U.S. and resides with him, these close family connections raised concerns about potential foreign influence. Additionally, the applicant was issued a Taiwanese passport in June 1999, which he possessed until January 2004 and used until at least 2001. As of February 2003, he was also a registered member of Taiwan's national health insurance program.
The judge determined that these factors indicated a preference for Taiwan over the U.S. and that the applicant failed to demonstrate he would not be vulnerable to foreign influence that could compromise classified information. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant's familial ties to Taiwan raised security concerns regarding potential foreign influence.
- Applicant retained a Taiwanese passport and participated in Taiwan's national health insurance program, indicating a preference for Taiwan over the U.S.
- The applicant failed to demonstrate that he would not be vulnerable to foreign influence that could compromise classified information.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence - Family Ties to Foreign Citizens
- E2.A2.1.2.2raisedForeign Influence - Financial Support to Foreign Relatives
- E2.A2.1.2.6raisedForeign Influence - Frequent Travel to Foreign Country
- E2.A3.1.2.1raisedForeign Preference - Retention of Dual Citizenship
- E2.A3.1.2.2raisedForeign Preference - Possession of Foreign Passport
- E2.A3.1.2.4raisedForeign Preference - Participation in Foreign National Programs
- E2.A2.1.3.1rejectedForeign Influence - Family Members Not Agents of Foreign PowerApplicant did not provide evidence that his family members in Taiwan could not be exploited by foreign powers.
- E2.A2.1.3.3rejectedForeign Influence - Casual and Infrequent Contacts with Foreign CitizensApplicant's contacts with family members in Taiwan were frequent and based on close ties.
- E2.A3.1.3.1rejectedForeign Preference - Dual Citizenship Based Solely on Parents' CitizenshipApplicant actively exercised his dual citizenship by obtaining and using a Taiwanese passport.
- E2.A3.1.3.2rejectedForeign Preference - Activities Occurred Before U.S. CitizenshipApplicant's activities occurred after he became a U.S. citizen.
- E2.A3.1.3.3rejectedForeign Preference - Activity Sanctioned by the U.S. GovernmentApplicant did not have U.S. government approval for possession of a Taiwanese passport.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedApr 30, 2004
- Answer filedMay 25, 2004
- Hearing heldAug 26, 2005
- Decision dateOct 28, 2005
Cite For
- Security Concerns Related to Familial Ties Under Guideline B
- Disqualifying Conditions for Foreign Preference Under Guideline C
- The Impact of Dual Citizenship on Security Clearance Eligibility