Summary
The applicant, a 61-year-old naturalized U.S. citizen originally from the People's Republic of China, sought a security clearance under Guideline B concerning foreign influence. He has minimal contact with his sister in the PRC and limited ties to his in-laws in Taiwan, which he mitigated through evidence of his long-term residency, stable employment, and lack of security violations. The judge granted the clearance, finding it consistent with national interest.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has a sister who is a citizen and resident of the People's Republic of China (PRC) (1.a). Applicant has a brother who is a U.S. citizen doing business in the PRC (1.b). Applicant has a one-half interest in a condominium located in the Republic of China (Taiwan) (1.c). Applicant's mother-in-law and brother-in-law are citizens and residents of Taiwan (1.d). Applicant has a sister who is a citizen and resident of the PRC, and he sends her small cash gifts on special occasions (1.e). Applicant's wife has very little contact with her mother due to her age and physical condition, and little to no contact with her half-brother (1.f). Applicant has expressed a willingness to give his share of the money in the bank account to his brother, and to either sell his share of the condominium or give it to his brother if their retention is considered to be an unacceptable security risk (1.g). Applicant has maintained correspondence with his sister about twice a year, but does not provide other monetary support (1.h).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 8. The judge applied mitigating conditions MC 1, MC 3, MC 5. The decision turned on the following: The applicant demonstrated strong ties to the U.S. through his long-term residency and citizenship; He maintained minimal contact with foreign relatives, reducing potential foreign influence; The applicant's stable employment and history of holding a security clearance without issues supported his trustworthiness.
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the U.S. through his long-term residency and citizenship.
- He maintained minimal contact with foreign relatives, reducing potential foreign influence.
- The applicant's stable employment and history of holding a security clearance without issues supported his trustworthiness.
Conditions Referenced
- DC 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.
- DC 2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- DC 8rejectedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.The applicant's financial interests in Taiwan were deemed minimal compared to his overall net worth.
- MC 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.
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedApr 29, 2004
- Answer filedMay 8, 2004
- Hearing heldMay 11, 2005
- Decision dateJun 27, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Minimal Foreign Contacts
- Consideration of Financial Interests in Security Clearance Determinations