Summary
The applicant, a 52-year-old Senior Manufacturing Engineer and U.S. citizen originally from Vietnam, sought a security clearance under Guideline B due to foreign family ties. The judge found that the applicant's limited and infrequent contact with his family in Vietnam, along with their lack of affiliation with any foreign government, mitigated security concerns, leading to the granting of the clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant's mother, his six brothers and sisters and six half-brothers and half-sisters, are all citizens of Vietnam and reside there (1.a). The Applicant sends his mother in Vietnam $500.00 twice a year to help pay for her medication and support (1.b). The Applicant's father escaped from Vietnam in 1979, and went to Switzerland. Three of the Applicant's brothers recently moved to Switzerland with the Applicant's father (1.c). The Applicant contacts his family members in Vietnam by e-mail on occasion (1.d). None of the Applicant's family members in Vietnam have ever been affiliated with, employed for, or agents of, the Vietnamese Government, Swiss Government or members of the Communist Party (1.e).
The judge granted the clearance. The judge applied mitigating conditions AG ¶ 1, AG ¶ 3. The decision turned on the following: The applicant's family members in Vietnam have never been affiliated with any foreign government or Communist Party; The applicant's contact with his family is limited and infrequent, reducing potential foreign influence; The applicant has significant assets in the U.S. and no ties to Vietnam beyond supporting his mother financially.
Why the Applicant Prevailed
- The applicant's family members in Vietnam have never been affiliated with any foreign government or Communist Party.
- The applicant's contact with his family is limited and infrequent, reducing potential foreign influence.
- The applicant has significant assets in the U.S. and no ties to Vietnam beyond supporting his mother financially.
Conditions Referenced
- AG ¶ 1appliedMitigating Condition 1Immediate family members are not agents of a foreign power or in a position to be exploited.
- AG ¶ 3appliedMitigating Condition 3Contact and correspondence with foreign citizens are casual and infrequent.
Key Rule Quoted
“The Government must make out a case under Guideline B (Foreign Influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedSep 23, 2004
- Answer filedOct 1, 2004
- Hearing heldJan 18, 2005
- Decision dateJun 23, 2005
Cite For
- Mitigation of Foreign Influence Due to Limited Family Ties
- Significance of Infrequent Contact with Foreign Relatives
- Financial Support to Family Members Does Not Equate to Foreign Influence Concerns