Summary
A 51-year-old engineer, originally from Taiwan and a U.S. citizen since 1994, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The Statement of Reasons highlighted his parents' Taiwanese citizenship and residency, weekly contact with them, and his former ownership of a Taiwanese apartment, purchased by his parents in 1978, which he never considered his own.
Additionally, the applicant was a dual citizen of the U.S. and Taiwan until February 2004, when he formally renounced his Taiwanese citizenship and surrendered his Taiwanese passport after being notified by DSS. He had retained the Taiwanese passport to protect his parents' interest in the apartment, which was valued at approximately $200,000 and transferred to his brother in February 2004. The applicant also made annual trips to Taiwan to visit his elderly parents, who are retired and have no government connections.
The judge found that the applicant did not intentionally falsify his security clearance application by omitting mention of the apartment. The clearance was granted because the applicant renounced his Taiwanese citizenship, surrendered his passport, and no longer has financial interests in Taiwan. His actions demonstrated integrity and a clear preference for the U.S., sufficiently mitigating security concerns.
Why the applicant prevailed
- Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport.
- He has no current financial interests in Taiwan, having transferred property ownership to his brother.
- The applicant demonstrated integrity and a commitment to report any improper contacts.
Conditions referenced
- B.1.araisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
- C.1.araisedForeign Preference - Dual Citizenship with a Foreign Country.
- E.2.araisedPersonal Conduct - Intentional Falsification of Information.
- B.1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
- C.1appliedForeign Preference - Renunciation of Foreign Citizenship.
- E.2appliedPersonal Conduct - No Intentional Falsification of Information.
Key rule quoted
“"An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations."”
Procedural posture
- SOR issuedSep 30, 2003
- Answer filedOct 20, 2003
- Hearing heldApr 23, 2004conducted by video-conference
- Decision dateAug 12, 2004
Cite for
- Mitigation of Foreign Influence Concerns Due to Family Ties
- Renunciation of Foreign Citizenship as a Mitigating Factor
- Non-intentional Falsification of Security Clearance Application Information