Summary
A 49-year-old senior scientist for a defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The applicant married a Chinese citizen in December 2003, which raised questions due to his wife's family residing in the People's Republic of China. Specifically, allegations noted his wife's Chinese citizenship, her regular contact with her father and sister in China, and the presence of other family members who are Chinese citizens. It was also noted that the applicant had not discussed the nature of his work with his wife or her family.
Disqualifying conditions related to foreign influence were initially raised. However, the applicant successfully mitigated these concerns. The administrative judge found that the applicant had no close ties or obligations to his wife's family in China.
Furthermore, his wife was not employed by the Chinese government and was not an agent of a foreign power. The applicant demonstrated an awareness of his security responsibilities, including reporting any unusual contacts. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant has no close ties or obligations to his wife's family in China.
- His wife does not work for the Chinese government and is not an agent of a foreign power.
- The applicant has reported any unusual contacts and has shown awareness of his security responsibilities.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
- E2.A2.1.2.2raisedForeign Influence Disqualifying Condition
- E2.A2.1.3.1appliedForeign Influence Mitigating Condition
- E2.A2.1.3.3appliedForeign Influence Mitigating Condition
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedApr 15, 2005
- Answer filedMay 3, 2005
- Hearing heldSep 7, 2005
- Decision dateOct 7, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Lack of Close Ties to In-laws as a Mitigating Factor
- The Applicant's Proactive Reporting of Potential Security Issues