ISCR Case 03-12087.h1

Case Headnote

ISCR Case No. 03-12087.h1

grantedJan 5, 2005· Hon. Barry M. Sax· hearing

Summary

A 43-year-old engineer for a defense contractor, born in Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the applicant's mother and three siblings are Taiwan citizens residing in Taiwan, with whom he has telephone contact once or twice yearly. His mother, now financially independent, lives with a daughter in Taiwan after being evicted from her previous apartment following the death of the applicant's father, a retired employee of the Taiwan Agriculture Department.

Further allegations included that the applicant's three sisters are employed by the Government of Taiwan in social services, and his brother-in-law is a retired Taiwan government employee, though none of these roles appeared connected to politics or intelligence. The applicant last traveled to Taiwan in May 2000. Additionally, as of January 8, 2003, he possessed a valid Republic of China (Taiwan) passport, issued in December 1998 and set to expire in December 2004, which he surrendered to Taiwan officials on March 3, 2003.

Mitigation was established because the applicant renounced his Taiwan citizenship upon becoming a U.S. citizen in 2001 and has had no contact with the Taiwan government since moving to the U.S. His family in Taiwan is financially independent, and he has significant assets in the U.S., demonstrating allegiance. The judge found that these factors mitigated the initial concerns, leading to the granting of the security clearance.

Why the Applicant Prevailed

Applicant renounced his Taiwan citizenship upon becoming a U.S. citizen.
He has not had any contacts with the Taiwan government since moving to the U.S.
Most of his relatives now reside in the U.S., and his family in Taiwan is financially independent.

Conditions Referenced

Disqualifying

B.1raisedForeign Influence - an Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.

Mitigating

B.1appliedForeign Influence - A Determination That the Immediate Family Member(s) in Question Would Not Constitute an Unacceptable Security Risk.
C.1appliedForeign Preference - the Individual Has Renounced the Foreign Citizenship.

Key Rule Quoted

“A security risk may exist when an individual's immediate family . . . are (1) not citizens of the United States or (2) may be subject to duress.”

Procedural Posture

SOR issuedApr 15, 2004
Answer filedMay 1, 2004
Hearing heldAug 3, 2004
Decision dateJan 5, 2005

Cite For

Mitigation of Foreign Influence Concerns Due to Family Independence
Renunciation of Foreign Citizenship as a Mitigating Factor
Demonstrated Allegiance to the U.S. 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 mother and three siblings are citizens of Taiwan and reside in that country.	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 has telephone contact with her siblings about once to twice yearly.	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.c	Applicant's mother was evicted from her rent-free apartment after Applicant's father died in March 2004. She now lives with a daughter in Taiwan. She is financially independent and does not require any financial assistance from Applicant.	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.d	Applicant's father was a retired employee of the Taiwan Agriculture Department.	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's three sisters and are employed by the Government of Taiwan in the area of social services. His brother-in-law is a retired employee of the Government of Taiwan. None of the jobs appear to have any connection with politics or intelligence.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	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.f	Applicant last traveled to Taiwan in May 2000.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother and three siblings are citizens of Taiwan and reside in that country.

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 has telephone contact with her siblings about once to twice yearly.

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.c

Applicant's mother was evicted from her rent-free apartment after Applicant's father died in March 2004. She now lives with a daughter in Taiwan. She is financially independent and does not require any financial assistance from Applicant.

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.d

Applicant's father was a retired employee of the Taiwan Agriculture Department.

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's three sisters and are employed by the Government of Taiwan in the area of social services. His brother-in-law is a retired employee of the Government of Taiwan. None of the jobs appear to have any connection with politics or intelligence.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

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.f

Applicant last traveled to Taiwan in May 2000.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	As of January 8, 2003, Applicant possessed a valid passport of the Republic of China (Taiwan), that had been issued December 1998 and was scheduled to expire in December 2004. The passport was surrendered to Taiwan officials on March 3, 2003 (Response to SOR).	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

As of January 8, 2003, Applicant possessed a valid passport of the Republic of China (Taiwan), that had been issued December 1998 and was scheduled to expire in December 2004. The passport was surrendered to Taiwan officials on March 3, 2003 (Response to SOR).

For Applicant

Foreign Passport Possession or Use

Admitted

—

Loading case…

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

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES