ISCR Case 03-22707.h1

Case Headnote

ISCR Case No. 03-22707.h1

grantedJul 19, 2005· Hon. Barry M. Sax· hearing

Summary

A 42-year-old software engineer, born in Taiwan, had her DoD security clearance granted after a review under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). She has held a security clearance since 1986. The Statement of Reasons detailed extensive family ties in Taiwan, including parents, a brother, a sister, and in-laws, all of whom are citizens and residents there. Her father-in-law was a Captain in the Taiwan Navy, retiring over 20 years ago, and her brother-in-law retired as a Captain in the Taiwan Navy around 2003. The applicant maintains regular contact with her parents and sister and has traveled to Taiwan multiple times, using her Taiwan passport on one occasion in 1995. Her parents also purchased an apartment for her in Taiwan, which she does not use.

Concerns were also raised regarding her response to a question on her December 2002 security clearance application about foreign passports. She answered "No" to having an active foreign passport in the last seven years, despite renewing her Taiwan passport in May 1995. However, it was determined she did not intentionally falsify information, as she understood "active" to mean having used the passport, which she had not. Additionally, May 1995 fell outside the seven-year reporting period for the December 2002 application.

The judge found that the applicant mitigated the concerns, establishing a strong commitment to the U.S. and her responsibilities with classified information. Witnesses attested to her trustworthiness and reliability in handling classified material, and her family ties in Taiwan were not deemed an unacceptable risk. Consequently, her security clearance was granted.

Why the Applicant Prevailed

The applicant established a strong commitment to the U.S. and her responsibilities regarding classified information.
Witnesses testified to the applicant's trustworthiness and reliability in handling classified material.
The applicant's family ties in Taiwan were deemed not to pose an unacceptable risk.

Conditions Referenced

Disqualifying

B.1.araisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.braisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.craisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.draisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.eraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.fraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.graisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.hraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.iraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.jraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.kraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.1.lraisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.

Mitigating

B.1appliedA Determination That the Immediate Family Member(s) in Question Would Not Constitute an Unacceptable Risk.
B.3appliedContacts with [her Father-in-law and Brother-in-law] Are Casual and Infrequent.
E.2appliedThe Applicant Did Not Intentionally Falsify Material Facts on Her Security Clearance Application.

Key Rule Quoted

“In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for Applicant.”

Procedural Posture

SOR issuedDec 21, 2004
Answer filedJan 14, 2005
Hearing heldMay 24, 2005
Decision dateJul 19, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Personal Conduct in Security Clearance Cases
Importance of Witness Testimony in Establishing Trustworthiness

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's father (in his 80s) and mother (in her 70s) are citizens and residents of Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.b	Applicant maintains weekly telephone contact with her parents.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.c	Applicant's parents immigrated to the U.S. in 1978, but then returned to Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.d	Applicant's brother is a citizen of and resident in Taiwan.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.e	Applicant's sister is a citizen of and resident in Taiwan.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.f	Applicant maintains monthly e-mail contact with her sister.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.g	Applicant's father-in-law and mother-in-law are citizens of and resident in Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.h	Applicant's father-in-law and mother-in-law resided with her in the United States from approximately 1987 to 1997, before returning to Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.i	Applicant's father-in-law was a Captain in the Taiwan Navy. He retired more than 20 years ago.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.j	Applicant's brother-in-law retired as Captain in the Taiwan Navy in about 2003. He was sometimes away at sea but she does not know what he did.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.k	Applicant traveled to Taiwan during the summers of 1985, 1986, 1990, 1995, and 2002. She used her Taiwan passport on only one occasion, in 1995, because using her American passport would have required many hours of travel and waiting time to have her visa extended while in Taiwan. All other trips were shorter and did not require a visa extension. On all of these trips, she used her U.S. passport.	For Applicant	Unspecified Foreign Relationship Other	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.l	Years ago, Applicant's parents purchased an apartment for Applicant in Taiwan. She does not use it, and has no idea what will happen to the apartment in the future. Its value is minimal in comparison with her assets in the U.S.	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's father (in his 80s) and mother (in her 70s) are citizens and residents of Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.b

Applicant maintains weekly telephone contact with her parents.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.c

Applicant's parents immigrated to the U.S. in 1978, but then returned to Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.d

Applicant's brother is a citizen of and resident in Taiwan.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.e

Applicant's sister is a citizen of and resident in Taiwan.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.f

Applicant maintains monthly e-mail contact with her sister.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.g

Applicant's father-in-law and mother-in-law are citizens of and resident in Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.h

Applicant's father-in-law and mother-in-law resided with her in the United States from approximately 1987 to 1997, before returning to Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.i

Applicant's father-in-law was a Captain in the Taiwan Navy. He retired more than 20 years ago.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.j

Applicant's brother-in-law retired as Captain in the Taiwan Navy in about 2003. He was sometimes away at sea but she does not know what he did.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.k

Applicant traveled to Taiwan during the summers of 1985, 1986, 1990, 1995, and 2002. She used her Taiwan passport on only one occasion, in 1995, because using her American passport would have required many hours of travel and waiting time to have her visa extended while in Taiwan. All other trips were shorter and did not require a visa extension. On all of these trips, she used her U.S. passport.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

1.l

Years ago, Applicant's parents purchased an apartment for Applicant in Taiwan. She does not use it, and has no idea what will happen to the apartment in the future. Its value is minimal in comparison with her assets in the U.S.

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

HEIGHTENED RISK

Admitted

—

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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant did not intentionally falsify material facts on her security clearance application (GX 1), dated December 10, 2002, when she responded to Question 15. Your Foreign Activities - Passport -In the last seven years, have you had an active passport issued by a foreign government? by answering "No," and failing to disclose that she had renewed her Taiwan passport in May 1995 (GX 4, at last page1). She did not understand the word active to mean valid. Instead, she understood active to ask whether she had done anything with the passport in the previous seven years, which she had not. In any case, seven years prior to the December 2002 signing of the SF 86 would be December 1995, so May 1995 would be outside the seven-year reporting period. Consequently, Applicant was not required to answer "Yes" to this question.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Foreign Contacts or Interests	Denied	—	(a) prompt, good-faith correction before being confronted	Credited Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant did not intentionally falsify material facts on her security clearance application (GX 1), dated December 10, 2002, when she responded to Question 15. Your Foreign Activities - Passport -In the last seven years, have you had an active passport issued by a foreign government? by answering "No," and failing to disclose that she had renewed her Taiwan passport in May 1995 (GX 4, at last page1). She did not understand the word active to mean valid. Instead, she understood active to ask whether she had done anything with the passport in the previous seven years, which she had not. In any case, seven years prior to the December 2002 signing of the SF 86 would be December 1995, so May 1995 would be outside the seven-year reporting period. Consequently, Applicant was not required to answer "Yes" to this question.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Foreign Contacts or Interests

Denied

—

(a) prompt, good-faith correction before being confronted

Credited

Explanation of Omission Credible

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES