Summary
This case concerns a 57-year-old naturalized U.S. citizen from Taiwan, who has resided in the U.S. since 1973 and held a security clearance since 1991 without any violations. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) due to his parents, brother, sister, and mother-in-law being citizens and residents of Taiwan. Specifically, Disqualifying Condition 1 was cited, noting the applicant's family ties to a foreign country.
However, the applicant successfully mitigated these concerns. Mitigating Conditions 1 and 3 were applied, acknowledging that his contact with relatives in Taiwan, apart from his parents, is infrequent and casual. The decision emphasized that the applicant's consistent record of holding a security clearance since 1991 without incident, coupled with his infrequent and casual contact with his family abroad, significantly reduced the potential for foreign influence.
Ultimately, the totality of the applicant's background and consistent conduct was determined to outweigh the vulnerability presented by his parents' foreign citizenship. As a result, the security clearance was GRANTED.
Why the applicant prevailed
- Applicant has held a security clearance continuously since 1991 without any violations or infractions.
- Applicant's contact with family in Taiwan is infrequent and casual, mitigating concerns of foreign influence.
- The totality of Applicant's background and consistent conduct outweighed the vulnerability created by his parents' citizenship.
Conditions referenced
- DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- MC 1rejectedA Determination That the Immediate Family Members(s), (spouse, Father, Mother, Sons, Daughters, Brothers, Sisters), Cohabitant, or Associates(s) in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power in a Way That Could Force the Individual to Choose Between Loyalty to the Person(s) Involved and the United States.
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key rule quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural posture
- SOR issuedMay 10, 2004
- Answer filedJun 25, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateJan 24, 2005
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Infrequent Contact with Foreign Relatives as a Mitigating Factor
- The Importance of the Whole Person Concept in Security Clearance Determinations