ISCR Case 04-02572.h1

Case Headnote

ISCR Case No. 04-02572.h1

grantedNov 30, 2005· Hon. Roger C. Wesley· hearing

Summary

A naturalized U.S. citizen applicant was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several factors, including the applicant's mother, four sisters, and two brothers residing as citizens in Taiwan, along with a mother-in-law who is also a citizen and resident there. The applicant occasionally sent $100 to a sister for their mother's care and owned approximately one-third of a residential lot and a small farm in Taiwan. Additionally, the applicant had traveled to Taiwan multiple times between 1993 and 2003.

Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied. The judge determined that the applicant's family members in Taiwan were not agents of the government and were not in a position to exert undue influence.

Key to the decision was Taiwan's democratic traditions and its strategic relationship with the U.S., which were found to mitigate potential foreign influence risks. Furthermore, the applicant's financial interests in Taiwan were deemed minimal and not a significant risk. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

Applicant's family members in Taiwan are not agents of the government and are not in a position to exert undue influence.
Taiwan's democratic traditions and strategic relationship with the U.S. mitigate potential foreign influence risks.
The applicant's financial interests in Taiwan are minimal and do not pose a significant risk.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn 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
E2.A2.1.2.8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned Business That Could Make the Individual Vulnerable to Foreign Influence

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Members, Co-habitant or Associate 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 Persons Involved and the United States

Key Rule Quoted

“The special relationship that has existed between the U.S. and Taiwan over the past half-century has been one marked by mutually reconcilable political and economic interests.”

Procedural Posture

SOR issuedMar 4, 2005
Answer filedMar 21, 2005
Hearing held—Decided on the written record.
Decision dateNov 30, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Impact of Familial Relationships in Taiwan on Security Clearance Decisions
Consideration of Geopolitical Relationships in Security Clearance Evaluations

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	have a mother, four sisters, and two brothers who are citizens and residents of Taiwan	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 (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	occasionally send $100.00 to his sister for the care of his mother in Taiwan	For Applicant	Financial Support to Foreign Relative Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.c	own approximately one-third of a residential lot and a small farm in Taiwan	For Applicant	Foreign Real Estate Financial or Property Interest	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.d	have a mother-in-law who is a citizen and resident of Taiwan	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.e	have traveled to Taiwan in 1993, 1995, 1997, 1999, 2002 and 2003	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

have a mother, four sisters, and two brothers who are citizens and residents of Taiwan

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

(b) connections creating a potential conflict of interest

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

Claimed

Other

1.b

occasionally send $100.00 to his sister for the care of his mother in Taiwan

For Applicant

Financial Support to Foreign Relative

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Claimed

Other

1.c

own approximately one-third of a residential lot and a small farm in Taiwan

For Applicant

Foreign Real Estate

Financial or Property Interest

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Claimed

Other

1.d

have a mother-in-law who is a citizen and resident of Taiwan

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Claimed

Other

1.e

have traveled to Taiwan in 1993, 1995, 1997, 1999, 2002 and 2003

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Claimed

Other

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES