ISCR Case 04-07766.h1

Case Headnote

ISCR Case No. 04-07766.h1

grantedJan 27, 2006· Hon. Darlene Lokey Anderson· hearing

Summary

A 44-year-old dual citizen of Taiwan and the United States was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his dual citizenship and possession of a Taiwanese passport as indicators of foreign preference. Additionally, his eight siblings, mother-in-law, and brother-in-law reside in Taiwan.

Further details revealed that one brother works for city hall, another for the Taiwanese Army in a desk job, and others hold various private sector or retired positions. His four sisters are housewives. None of these family members are affiliated with the Taiwanese government, are members of the Communist Party, or are in positions to exert foreign influence. The Applicant reported no contact with his brother-in-law in the military, and his family in Taiwan was unaware of his specific work.

The clearance was granted because the Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a clear preference for the United States. His contact with family in Taiwan was deemed infrequent and not a security risk, as they are not affiliated with the Taiwanese government and are not in a position to exert foreign influence.

Why the Applicant Prevailed

The Applicant renounced his Taiwanese citizenship and surrendered his Taiwanese passport, demonstrating a preference for the United States.
His contact with family in Taiwan is infrequent and does not pose a security risk.
The Applicant's family members are not affiliated with the Taiwanese government and are not in a position to exert foreign influence.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
B1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

C1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedImmediate Family Members Are Not Agents of a Foreign Power
B3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural Posture

SOR issuedJun 2, 2005
Answer filedJun 14, 2005
Hearing heldNov 29, 2005
Decision dateJan 27, 2006

Cite For

Mitigating Conditions for Foreign Preference Under Guideline C
Mitigating Conditions for Foreign Influence Under Guideline B
Impact of Renouncing 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
2.a	The Applicant's eight siblings, mother-in-law and brother-in-law are citizens and residents of Taiwan.	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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
2.b	One of his brothers works for city hall in the personnel department, one is retired from a chemical plastics company, another is about to retire from a street cleaning job. The fourth brother works for a company that makes boat parts. His four sisters are housewives. Their husbands work as a street cleaner, for an insurance company, a chemical byproduct company and one is deceased. None of them work for any companies that are affiliated with the Taiwanese Government. None of the Applicant's family in Taiwan are members of the Communist Party.	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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
2.c	The Applicant's brother-in-law works for the Taiwanese Army. He has some sort of desk job. He has been in the military between fifteen and eighteen years. The Applicant has no contact with him and he does not know what the Applicant does except that he works in the computer field.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	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 (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's eight siblings, mother-in-law and brother-in-law are citizens and residents of Taiwan.

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

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

Claimed

Contact Disclosed to Authorities

2.b

One of his brothers works for city hall in the personnel department, one is retired from a chemical plastics company, another is about to retire from a street cleaning job. The fourth brother works for a company that makes boat parts. His four sisters are housewives. Their husbands work as a street cleaner, for an insurance company, a chemical byproduct company and one is deceased. None of them work for any companies that are affiliated with the Taiwanese Government. None of the Applicant's family in Taiwan are members of the Communist Party.

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

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

Claimed

Contact Disclosed to Authorities

2.c

The Applicant's brother-in-law works for the Taiwanese Army. He has some sort of desk job. He has been in the military between fifteen and eighteen years. The Applicant has no contact with him and he does not know what the Applicant does except that he works in the computer field.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

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

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

Claimed

Contact Disclosed to Authorities

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(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	Credited Other
1.b	The Applicant was a dual citizen of Taiwan (Republic of China) and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(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	Credited Other
1.c	The Applicant possessed a Taiwanese passport.	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.	(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	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is ineligible for clearance because he has acted in such a way as to show a preference for another country over the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(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

Credited

Other

1.b

The Applicant was a dual citizen of Taiwan (Republic of China) and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(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

Credited

Other

1.c

The Applicant possessed a Taiwanese passport.

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.

(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

Credited

Other

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES