Summary
Applicant, a 48-year-old university professor and naturalized U.S. citizen originally from Taiwan, faced security concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct) due to his use of a Taiwanese passport, foreign family ties, and falsification of information on his security clearance application. The judge found that the applicant failed to mitigate the security concerns, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: His brother is a citizen and resident of Taiwan working in the PRC (2.a). His sister is a citizen and resident of Taiwan (2.b). His spouse is a citizen of the PRC (2.c). His mother-in-law is a citizen and resident of the PRC (2.d). His brother-in-law is a citizen and resident of the PRC (2.e). He has traveled to Taiwan (2.f). He has traveled to the PRC (2.g). Applicant is a dual citizen of Taiwan and the U.S (1.a). Applicant renewed his Taiwanese passport after becoming a naturalized U.S. citizen (1.b). Applicant possessed and used a Taiwanese passport after becoming a naturalized U.S. citizen (1.c). Applicant used a Taiwanese passport after becoming a naturalized U.S. citizen (1.d). On his security clearance application (SF-86), he falsified his marital status (3.a). He failed to disclose a sister, brother, and an illegitimate child (3.b).
The judge denied the clearance. The government raised disqualifying conditions C1, C2, B1, E3. The judge applied mitigating conditions C1, B1, E2. The decision turned on the following: Applicant used a Taiwanese passport after becoming a U.S. citizen, indicating foreign preference; Applicant has immediate family members who are citizens of foreign countries, creating potential foreign influence; Applicant falsified information on his security clearance application, failing to disclose relevant family ties.
Why the Applicant Was Denied
- Applicant used a Taiwanese passport after becoming a U.S. citizen, indicating foreign preference.
- Applicant has immediate family members who are citizens of foreign countries, creating potential foreign influence.
- Applicant falsified information on his security clearance application, failing to disclose relevant family ties.
Conditions Referenced
- C1raisedDual Citizenship
- C2raisedPossession or Use of Foreign Passport
- B1raisedForeign Family Members
- E3raisedFalsification of Information
- C1appliedDual Citizenship by Birth
- B1rejectedFamily Members Not Agents of Foreign PowerThe applicant did not provide sufficient evidence to demonstrate that his family members were not in a position to be exploited.
- E2rejectedNo Intent to FalsifyThe applicant's explanations for the omissions were not convincing.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedAug 25, 2005
- Answer filedSep 8, 2005
- Hearing heldJan 19, 2006Applicant waived the 15-day notice.
- Decision dateFeb 28, 2006
Cite For
- Denial of Security Clearance Due to Foreign Preference and Influence
- Impact of Falsification on Security Clearance Eligibility
- Consideration of Family Ties in Security Clearance Decisions