ISCR Case 04-04202.h1

Case Headnote

ISCR Case No. 04-04202.h1

grantedNov 22, 2005· Hon. Barry M. Sax· hearing

Summary

A 56-year-old engineer, born in Taiwan and naturalized as a U.S. citizen in 1985, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his dual citizenship with Taiwan, his possession of a Taiwanese passport issued in January 2000, and his use of that passport to vote in a Taiwanese presidential election in March 2000. He also traveled to Taiwan at least 12 times between 1996 and 2002, primarily for family events such as visiting sick relatives, attending funerals, and weddings.

Further allegations noted that the applicant has two brothers and two sisters who are citizens or residents of Taiwan. While one brother works for a mutual fund company, another retired in 2003 from a government agency specializing in business and economic development. However, the applicant described his relationships with his siblings as "quite casual" and "not very frequent," and he never discussed his work with his retired brother, who now has no government connections.

Clearance was granted based on several mitigating factors. The applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, which he had obtained and used solely for the purpose of voting in a presidential election. His relationships with family in Taiwan were determined to be infrequent and casual, minimizing any potential for foreign influence. The applicant demonstrated a strong commitment to U.S. interests.

Why the Applicant Prevailed

Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport.
His use of the Taiwanese passport was solely for voting in a presidential election, not for travel.
Relationships with family in Taiwan are infrequent and casual, minimizing potential foreign influence.

Conditions Referenced

Disqualifying

DC 1raisedExercise of Dual Citizenship
DC 2raisedPossession and Use of a Foreign Passport
DC 8raisedVoting in a Foreign Election

Mitigating

MC 1appliedBirth in a Foreign Country
MC 4appliedFormal Renunciation of Foreign Citizenship

Key Rule Quoted

“"An applicant with immediate family members living in a country hostile to the United States should not be granted a security clearance without a very strong showing that those family ties do not pose a security risk."”
— Appeal Board Decision, ISCR Case No. 01-26893 (October 16, 2002)

Procedural Posture

SOR issuedMar 30, 2005
Answer filedJun 6, 2005
Hearing heldSep 7, 2005
Decision dateNov 22, 2005

Cite For

Mitigating Factors Related to Foreign Preference Under Guideline C
Impact of Infrequent Family Ties on Foreign Influence Concerns
Formal Renunciation of Foreign Citizenship as a Mitigating Condition

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
2.a	Applicant has two brothers and two sisters who are citizens/residents of Taiwan. Their relationship is "quite casual" and "not very frequent" (Tr at 30). The two sisters are retired. One brother works for a mutual fund company.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	Applicant's other brother retired in 2003 from being the Director of a government agency that specializes in business and economic development. Applicant had never discussed his work with this brother, who now has no connection with the government (Id., and 35, 36).	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.c	Applicant traveled to Taiwan at least 12 times between 1996 and 2002. These trips have been primarily to visit family members, in and out of the hospital, to attend the funerals of his mother and father, and to attend weddings of relatives (AX B).	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has two brothers and two sisters who are citizens/residents of Taiwan. Their relationship is "quite casual" and "not very frequent" (Tr at 30). The two sisters are retired. One brother works for a mutual fund company.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Denied

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

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

Credited

Deep U.S. Ties

2.b

Applicant's other brother retired in 2003 from being the Director of a government agency that specializes in business and economic development. Applicant had never discussed his work with this brother, who now has no connection with the government (Id., and 35, 36).

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Denied

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

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

Credited

Deep U.S. Ties

2.c

Applicant traveled to Taiwan at least 12 times between 1996 and 2002. These trips have been primarily to visit family members, in and out of the hospital, to attend the funerals of his mother and father, and to attend weddings of relatives (AX B).

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Denied

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

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	At the time of the issuance of the SOR, Applicant exercised dual citizenship with the Republic of China (Taiwan) and the United States (U.S.).	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	Applicant traveled to Taiwan in March 2000, in order to vote in a Taiwanese presidential election.	For Applicant	Foreign Voting	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.c	Applicant applied for and was issued a Taiwanese passport on January 7, 2000, even though he had become a naturalized U.S. citizen on October 15, 1985, and had a valid U.S. passport issued on June 24, 1996.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—
1.d	As of January 6, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant possessed a Taiwanese passport that was issued on January 7, 2000.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

At the time of the issuance of the SOR, Applicant exercised dual citizenship with the Republic of China (Taiwan) and the United States (U.S.).

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.b

Applicant traveled to Taiwan in March 2000, in order to vote in a Taiwanese presidential election.

For Applicant

Foreign Voting

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.c

Applicant applied for and was issued a Taiwanese passport on January 7, 2000, even though he had become a naturalized U.S. citizen on October 15, 1985, and had a valid U.S. passport issued on June 24, 1996.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

1.d

As of January 6, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant possessed a Taiwanese passport that was issued on January 7, 2000.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

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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