ISCR Case 03-16806.h1

Case Headnote

ISCR Case No. 03-16806.h1

grantedOct 15, 2004· Hon. Thomas M. Crean· hearing

Summary

A 30-year-old naturalized U.S. citizen, born in Taiwan and employed as an auditor associate for a defense contractor, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons (SOR) highlighted her close ties to a grandmother, aunt, and uncle in Taiwan, as well as two friends there. The SOR also noted two pleasure trips to Taiwan within the last eight years and a year-long residency as an intern for her company. Additionally, the applicant previously had a boyfriend who is now a citizen and resident of Pakistan, though they no longer have contact.

The judge found that while the applicant had close ties of affection to her grandmother, these were mitigated. The grandmother was determined not to be an agent of, or in a position to be exploited by, a foreign power, partly due to her illiteracy. Furthermore, the applicant's contacts with her grandmother were casual and infrequent. There was no evidence connecting any of the individuals in Taiwan or Pakistan to a foreign government or indicating they were in a position to be exploited.

The decision to grant the clearance was supported by the applicant's substantial ties to the United States, including immediate family residing there. The judge concluded that the mitigating factors outweighed the disqualifying conditions, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant has substantial ties to the United States, with immediate family residing there.
The grandmother is not an agent of a foreign power and is unlikely to be exploited due to her illiteracy.
The applicant's contacts with her grandmother are casual and infrequent.

Conditions Referenced

Disqualifying

E2.A2.1.1raisedClose Ties of Affection, Influence, or Obligation with a Person Not a Citizen of the United States and Residing in a Foreign Country.

Mitigating

E2.A2.1.3.1appliedA Determination That the Associates of the Applicant Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.4appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
— Directive ¶E2.2.1.

Procedural Posture

SOR issuedMay 10, 2004
Answer filedMay 20, 2004
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateOct 15, 2004

Cite For

Mitigation of Foreign Influence Due to Infrequent Contact with Foreign Relatives
Consideration of the Applicant's Substantial Ties to the United States
The Role of Casual and Infrequent Contact in Security Clearance Determinations

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
1.a	Applicant has a grandmother, and an aunt and uncle in Taiwan and communicates with two friends living in Taiwan.	For Applicant	Extended Family in Foreign Country Extended Family	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (d) contacts/activities on U.S. Government business or agency-approved	—
1.b	Applicant has made two pleasure trips to Taiwan in the last eight years and resided there for approximately a year as an intern for her company.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (d) contacts/activities on U.S. Government business or agency-approved	—
1.c	The substantial evidence establishes the Applicant has close ties of affection or obligation to the grandmother but not to the aunt and uncle and the two friends.	For Applicant	Extended Family in Foreign Country Immediate Family	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (d) contacts/activities on U.S. Government business or agency-approved	—
1.d	The close ties of affection to the grandmother are mitigated because the grandmother is not an agent of or in a position to be exploited by a foreign power and the contacts are casual and infrequent.	For Applicant	Extended Family in Foreign Country Immediate Family	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (d) contacts/activities on U.S. Government business or agency-approved	—
1.e	Applicant had a boyfriend who is now a citizen and resident of Pakistan. He is no longer her boyfriend and she does not have contact with him.	For Applicant	Unspecified Foreign Relationship Other	Pakistan	Denied	—	—	—
1.f	There is no evidence that these individuals are connected with the Taiwanese government or are in a position to be exploited by any country.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (d) contacts/activities on U.S. Government business or agency-approved	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a grandmother, and an aunt and uncle in Taiwan and communicates with two friends living in Taiwan.

For Applicant

Extended Family in Foreign Country

Extended Family

Taiwan

Admitted

—

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

(d) contacts/activities on U.S. Government business or agency-approved

—

1.b

Applicant has made two pleasure trips to Taiwan in the last eight years and resided there for approximately a year as an intern for her company.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

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

(d) contacts/activities on U.S. Government business or agency-approved

—

1.c

The substantial evidence establishes the Applicant has close ties of affection or obligation to the grandmother but not to the aunt and uncle and the two friends.

For Applicant

Extended Family in Foreign Country

Immediate Family

Taiwan

Admitted

—

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

(d) contacts/activities on U.S. Government business or agency-approved

—

1.d

The close ties of affection to the grandmother are mitigated because the grandmother is not an agent of or in a position to be exploited by a foreign power and the contacts are casual and infrequent.

For Applicant

Extended Family in Foreign Country

Immediate Family

Taiwan

Admitted

—

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

(d) contacts/activities on U.S. Government business or agency-approved

—

1.e

Applicant had a boyfriend who is now a citizen and resident of Pakistan. He is no longer her boyfriend and she does not have contact with him.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

Denied

—

1.f

There is no evidence that these individuals are connected with the Taiwanese government or are in a position to be exploited by any country.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

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

(d) contacts/activities on U.S. Government business or agency-approved

—

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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