ISCR Case 04-08560.h1

Case Headnote

ISCR Case No. 04-08560.h1

grantedJan 25, 2006· Hon. Darlene Lokey Anderson· hearing

Summary

The Applicant, a 44-year-old Ph.D. in Electrical Engineering and a naturalized U.S. citizen, sought a security clearance while employed as a Systems Engineer for a defense contractor. He had previously held a Taiwanese passport and dual citizenship but took steps to renounce his Taiwanese citizenship and surrender his passport. The Administrative Judge found that his foreign contacts posed no security risk, leading to the granting of his clearance under Guideline B and Guideline C.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's mother, mother-in-law and brother in-in-law are citizens of and reside in Taiwan (2.a). His sister is a citizen and resident of Indonesia (2.b). The Applicant stated unequivocally that if he was ever placed in a compromising situation that concerned classified information, under any circumstances he would immediately report the situation to his security department (2.c). Using his Taiwanese passport, the Applicant traveled to Taiwan in August 1997, August 2001, and August 2003 (2.d). He also traveled to Indonesia and Singapore in August 2003, but used his United States passport (2.e). The only asset the Applicant maintained in Taiwan was a small savings account with approximately $400.00 United States dollars in it (2.f). With the Applicant's direction, the bank account was closed by his mother in July 2005 (2.g). The Applicant is a dual citizen of Taiwan, (the Republic of China) and the United States (1.a). The Applicant possessed a passport from the Republic of China (1.b).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 10(a), AG ¶ 10(b). The judge applied mitigating conditions AG ¶ 9(a), AG ¶ 9(d), AG ¶ 8(a), AG ¶ 8(c). The decision turned on the following: The Applicant surrendered his Taiwanese passport and renounced his Taiwanese citizenship, demonstrating a preference for the United States; His foreign contacts were deemed casual and infrequent, posing no security risk; The Applicant's family members in Taiwan and Indonesia were not associated with any foreign government and were not in a position to exert influence.

Why the Applicant Prevailed

The Applicant surrendered his Taiwanese passport and renounced his Taiwanese citizenship, demonstrating a preference for the United States.
His foreign contacts were deemed casual and infrequent, posing no security risk.
The Applicant's family members in Taiwan and Indonesia were not associated with any foreign government and were not in a position to exert influence.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedExercise of Dual Citizenship
AG ¶ 10(b)raisedPossession And/or Use of a Foreign Passport

Mitigating

AG ¶ 9(a)appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
AG ¶ 9(d)appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
AG ¶ 8(a)appliedImmediate Family Members Are Not Agents of a Foreign Power
AG ¶ 8(c)appliedContact 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 issuedMay 24, 2005
Answer filedJun 7, 2005
Hearing heldNov 30, 2005
Decision dateJan 25, 2006

Cite For

Mitigation of Foreign Preference Under Guideline C
Mitigation of Foreign Influence Under Guideline B
Demonstrating Compliance with the Money Memorandum Regarding Foreign Passports

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 mother, mother-in-law and brother in-in-law are citizens of and reside in Taiwan.	For Applicant	Parent 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 Other
2.b	His sister is a citizen and resident of Indonesia.	For Applicant	Sibling in Foreign Country Immediate Family	Indonesia	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 Other
2.c	The Applicant stated unequivocally that if he was ever placed in a compromising situation that concerned classified information, under any circumstances he would immediately report the situation to his security department.	For Applicant	Unspecified Foreign Relationship Other	—	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 Other
2.d	Using his Taiwanese passport, the Applicant traveled to Taiwan in August 1997, August 2001, and August 2003.	For Applicant	Unspecified Foreign Relationship Other	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 Other
2.e	He also traveled to Indonesia and Singapore in August 2003, but used his United States passport.	For Applicant	Unspecified Foreign Relationship Other	Indonesia, Singapore	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 Other
2.f	The only asset the Applicant maintained in Taiwan was a small savings account with approximately $400.00 United States dollars in it.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	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	Documented Foreign Assets Divested
2.g	With the Applicant's direction, the bank account was closed by his mother in July 2005.	For Applicant	Financial Support to Foreign Relative Financial or Property Interest	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	Documented Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

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

For Applicant

Parent 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

Other

2.b

His sister is a citizen and resident of Indonesia.

For Applicant

Sibling in Foreign Country

Immediate Family

Indonesia

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

Other

2.c

The Applicant stated unequivocally that if he was ever placed in a compromising situation that concerned classified information, under any circumstances he would immediately report the situation to his security department.

For Applicant

Unspecified Foreign Relationship

Other

—

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

Other

2.d

Using his Taiwanese passport, the Applicant traveled to Taiwan in August 1997, August 2001, and August 2003.

For Applicant

Unspecified Foreign Relationship

Other

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

Other

2.e

He also traveled to Indonesia and Singapore in August 2003, but used his United States passport.

For Applicant

Unspecified Foreign Relationship

Other

Indonesia, Singapore

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

Other

2.f

The only asset the Applicant maintained in Taiwan was a small savings account with approximately $400.00 United States dollars in it.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

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

Documented

Foreign Assets Divested

2.g

With the Applicant's direction, the bank account was closed by his mother in July 2005.

For Applicant

Financial Support to Foreign Relative

Financial or Property Interest

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

Documented

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is a dual citizen of Taiwan, (the 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	Claimed Other
1.b	The Applicant possessed a passport from the Republic of China.	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	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is a dual citizen of Taiwan, (the 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

Claimed

Other

1.b

The Applicant possessed a passport from the Republic of China.

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

Claimed

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