ISCR Case 04-04637.h1

Case Headnote

ISCR Case No. 04-04637.h1

grantedDec 8, 2005· Hon. Wilford H. Ross· hearing

Summary

This case involved a 45-year-old naturalized American citizen, originally from China, who applied for a Secret-level security clearance. The primary concern, under Guideline B (Foreign Influence), stemmed from his family residing in China and a past business association with a Chinese national.

Specifically, allegations included that his elderly parents and brother live in China, though his relationship with them is not close. A business relationship with a Chinese businessman, related to a potential deal that never materialized, ceased in 2002. Additionally, his trips to China were for U.S.-based employment, and he provides no financial support to his family there.

The judge ultimately granted the clearance. This decision was based on findings that the Applicant's infrequent and not close relationship with his family in China mitigated concerns about coercion. The business relationship with the Chinese businessman was terminated long ago, eliminating it as a source of ongoing influence. Furthermore, his trips to China were determined to be for employment, not to foster personal connections that could pose a security risk.

Why the Applicant Prevailed

The Applicant's relationship with his family in China is infrequent and not close, reducing vulnerability to coercion.
The business relationship with a Chinese businessman was terminated in 2002 and was not a source of ongoing influence.
The Applicant's trips to China were primarily for employment purposes, not personal connections.

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

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities

Key Rule Quoted

“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”

Procedural Posture

SOR issuedApr 5, 2005
Answer filedApr 20, 2005
Hearing heldJul 25, 2005
Decision dateDec 8, 2005

Cite For

Mitigation of Foreign Influence Concerns Due to Infrequent Family Contact
Impact of Business Relationships on Security Clearance Decisions
Evaluation of Personal Connections in the Context of National Interest

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	The Applicant's elderly parents and his brother continue to live in China. His parents are retired and his brother works for a private company. His relationship with his family is not close.	For Applicant	Parent in Foreign Country Immediate Family	China	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Claimed Contact Disclosed to Authorities
1.b	The relationship with a Chinese businessman was in connection with a potential business deal that did not come to pass, and stopped in 2002.	For Applicant	Business Associate in Foreign Country Business or Professional Associate	China	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Claimed Contact Disclosed to Authorities
1.c	His trips to China were related to his employment by companies located in the United States.	For Applicant	Unspecified Foreign Relationship Other	China	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Claimed Contact Disclosed to Authorities
1.d	The Applicant does not provide any financial support to his family in China.	For Applicant	Unspecified Foreign Relationship Other	China	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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Claimed Contact Disclosed to Authorities

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant's elderly parents and his brother continue to live in China. His parents are retired and his brother works for a private company. His relationship with his family is not close.

For Applicant

Parent in Foreign Country

Immediate Family

China

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

Claimed

Contact Disclosed to Authorities

1.b

The relationship with a Chinese businessman was in connection with a potential business deal that did not come to pass, and stopped in 2002.

For Applicant

Business Associate in Foreign Country

Business or Professional Associate

China

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

Claimed

Contact Disclosed to Authorities

1.c

His trips to China were related to his employment by companies located in the United States.

For Applicant

Unspecified Foreign Relationship

Other

China

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

Claimed

Contact Disclosed to Authorities

1.d

The Applicant does not provide any financial support to his family in China.

For Applicant

Unspecified Foreign Relationship

Other

China

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

(c) contact so casual and infrequent there is little likelihood of risk

(e) promptly complied with reporting requirements

Claimed

Contact Disclosed to Authorities

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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

STATEMENT OF CASE

FORMAL FINDINGS

DECISION

FOOTNOTES