ISCR Case 04-04955.h1

Case Headnote

ISCR Case No. 04-04955.h1

grantedOct 31, 2005· Hon. LeRoy F. Foreman· hearing

Summary

A 46-year-old naturalized U.S. citizen and software engineer, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted several factors, including the applicant's sister and brother being U.S. citizens residing in Taiwan, and his in-laws being citizens and residents of Taiwan. The applicant admitted that a war between the U.S. and Taiwan would present a difficult situation but affirmed his loyalty to the U.S. if such a conflict were declared and approved by Congress.

Further details noted that the applicant travels to Taiwan every three or four years to visit family, with infrequent telephonic contact (once or twice annually) and occasional mail. None of his family members receive financial support from him. Disqualifying conditions were raised, specifically DC 1, DC 2, and DC 3.

However, the applicant took significant mitigating actions. He formally renounced his Taiwanese citizenship, and his wife divested her stocks in a Taiwanese company. He also confirmed he had not used a foreign passport since becoming a U.S. citizen. The judge found that the applicant demonstrated sincere loyalty to the U.S. and that the foreign influence concerns were mitigated, leading to the application of mitigating conditions MC 1, MC 2, and MC 3, and the ultimate granting of the security clearance.

Why the Applicant Prevailed

Applicant formally renounced his Taiwanese citizenship.
His wife sold her stocks in a Taiwanese company.
The applicant demonstrated sincere loyalty to the U.S. despite potential conflicts.

Conditions Referenced

Disqualifying

DC 1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
DC 2raisedForeign Preference - Dual Citizenship or Foreign Military Service.
DC 3raisedForeign Preference - Use of Foreign Passport.

Mitigating

MC 1appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
MC 2appliedForeign Preference - Dual Citizenship Based Solely on Birth.
MC 3rejectedForeign Influence - Contact with Foreign Citizens Is Casual and Infrequent.Contact with family members was infrequent but not casual.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 17, 2004
Answer filedJan 20, 2005
Hearing heldSep 7, 2005
Decision dateOct 31, 2005

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties in a Friendly Country
Rebuttable Presumption of Loyalty Despite Foreign Connections
Impact of Renunciation of Foreign Citizenship on Security Clearance Eligibility

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 sister and brother are U.S. citizens residing in Taiwan.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(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
1.b	His in-laws are citizens and residents 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Applicant formally renounced his Taiwanese citizenship.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Foreign Passport Surrendered
1.d	Applicant admitted a war between the U.S. and Taiwan would place him in a difficult position, but stated he would be loyal to the U.S. if the President declared war and Congress approved it.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	Claimed Acknowledgment and Remorse
1.e	Applicant's wife sold her stocks in a Taiwanese company.	For Applicant	Foreign Bank Account or Investment Other	Taiwan	Admitted	—	—	Credited Foreign Assets Divested
1.f	Applicant travels to Taiwan to visit family members every three or four years.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	Claimed Contact Disclosed to Authorities
1.g	Telephonic contact is infrequent, once or twice a year. Mail contact consists of a Christmas or New Year card.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	Claimed Contact Disclosed to Authorities
1.h	None of the family members receive any financial support from Applicant.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	Credited Deep U.S. Ties
1.j	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's sister and brother are U.S. citizens residing in Taiwan.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

Admitted

(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

1.b

His in-laws are citizens and residents 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

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

Credited

Deep U.S. Ties

1.c

Applicant formally renounced his Taiwanese citizenship.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

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

Credited

Foreign Passport Surrendered

1.d

Applicant admitted a war between the U.S. and Taiwan would place him in a difficult position, but stated he would be loyal to the U.S. if the President declared war and Congress approved it.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

Claimed

Acknowledgment and Remorse

1.e

Applicant's wife sold her stocks in a Taiwanese company.

For Applicant

Foreign Bank Account or Investment

Other

Taiwan

Admitted

—

Credited

Foreign Assets Divested

1.f

Applicant travels to Taiwan to visit family members every three or four years.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

Claimed

Contact Disclosed to Authorities

1.g

Telephonic contact is infrequent, once or twice a year. Mail contact consists of a Christmas or New Year card.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

Claimed

Contact Disclosed to Authorities

1.h

None of the family members receive any financial support from Applicant.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

Admitted

—

Credited

Deep U.S. Ties

1.j

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant formally renounced his Taiwanese citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
2.b	Applicant has not used a foreign passport after becoming a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant formally renounced his Taiwanese citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

—

2.b

Applicant has not used a foreign passport after becoming a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

—

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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