Summary
The Applicant, a 40-year-old defense contractor with a Bachelor of Science degree in Computer Science, sought a Secret-level DoD security clearance. His wife and in-laws are citizens of Taiwan, but the judge found no reasonable possibility of coercion or exploitation due to their financial independence and the Applicant's limited contact with them. The judge determined that the Applicant successfully mitigated the Government's concerns, leading to a granted clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant's wife is a citizen of Taiwan and her parents are citizens and residents of Taiwan (1.a). The Applicant's in-laws continue to live in Taiwan and are not agents of the Taiwanese government (1.b). The Applicant's contact with his in-laws is superficial and infrequent, and he only speaks English (1.c). The Applicant has substantial financial assets in the United States and has been a patriotic American citizen his entire life (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1.. The judge applied mitigating conditions E2.A2.1.3.1., E2.A2.1.3.3.. The decision turned on the following: The Applicant's in-laws are not agents of the Taiwanese government and are financially self-sufficient; The Applicant's contact with his in-laws is infrequent and superficial, reducing the risk of coercion; The Applicant demonstrated knowledge of his security responsibilities and a commitment to report any coercive attempts.
Why the Applicant Prevailed
- The Applicant's in-laws are not agents of the Taiwanese government and are financially self-sufficient.
- The Applicant's contact with his in-laws is infrequent and superficial, reducing the risk of coercion.
- The Applicant demonstrated knowledge of his security responsibilities and a commitment to report any coercive attempts.
Conditions Referenced
- E2.A2.1.2.1.raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
- E2.A2.1.3.1.appliedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.
- E2.A2.1.3.3.appliedForeign Influence - Contact with Foreign Citizens Is Casual and Infrequent.
Key Rule Quoted
“[A] Judge is not limited to Adjudicative Guidelines mitigating conditions when deciding whether an applicant has demonstrated extenuation or mitigation.”
Procedural Posture
- SOR issuedJul 22, 2005
- Answer filedAug 21, 2005
- Hearing heldNov 30, 2005
- Decision dateJun 26, 2006
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- The Importance of Familial Ties and Financial Independence in Security Clearance Cases
- The Application of the Whole Person Standard in Evaluating Security Clearance Eligibility.