ISCR Case 06-03765.h1

Case Headnote

ISCR Case No. 06-03765.h1

deniedJan 31, 2007· Hon. Michael J. Breslin· hearing

Summary

A naturalized U.S. citizen, originally from Taiwan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's close ties to Taiwan were central to the denial, including family connections and prior dual citizenship.

Specific concerns included the applicant's exercise of dual citizenship, evidenced by renewing his Taiwanese passport and residing in Taiwan as a Taiwanese citizen for approximately two years. This passport renewal occurred the day before he became a U.S. citizen, reportedly to qualify for preferential tax treatment for real estate in Taiwan. The applicant also fulfilled a two-year compulsory service obligation in the Taiwanese army. His father, a Taiwanese citizen, receives a pension from the Taiwanese government deposited into an account in Taiwan. Additionally, the applicant's wife, also a Taiwanese citizen and U.S. permanent resident, frequently contacts her family members in Taiwan.

Although the applicant renounced his Taiwanese citizenship after the initiation of the security clearance action, the judge determined that he did not sufficiently mitigate the security concerns. The decision concluded that the applicant had not demonstrated a severance of all ties to Taiwan or that he lacked a preference for Taiwan over the United States, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant maintained close ties to Taiwan through family members who are citizens and residents there.
The applicant renewed his Taiwanese passport after becoming a U.S. citizen, indicating a preference for foreign citizenship.
The applicant's wife and father are citizens of Taiwan, creating potential foreign influence concerns.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
E2.A3.1.2.2appliedForeign Preference - Possession And/or Use of a Foreign Passport
E2.A3.1.2.3appliedForeign Preference - Military Service for a Foreign Country

Mitigating

E2.A3.1.3.2appliedForeign Preference - Military Service Occurred Before Obtaining U.S. Citizenship
E2.A3.1.3.4appliedForeign Preference - Willingness to Renounce Dual Citizenship

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."”
— Directive, ¶ E2.2.1.

Procedural Posture

SOR issuedAug 21, 2006
Answer filedOct 14, 2006Applicant elected to proceed without a hearing.
Hearing held—No hearing was conducted.
Decision dateJan 31, 2007

Cite For

Security Concerns Related to Foreign Influence Due to Family Ties
Implications of Dual Citizenship on Security Clearance Eligibility
The Impact of Foreign Military Service on Security Clearance Decisions

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	Applicant's mother and siblings are citizens and residents of the U.S., however, his wife and father are citizens of Taiwan and permanent residents of the U.S.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Taiwan	Denied	—	—	—
2.b	His spouse maintains contact with her family members, who are Taiwanese citizens.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Taiwan	Denied	—	—	—
2.c	Applicant failed to mitigate the security concerns arising from his close ties to Taiwan.	Against Applicant	Unspecified Foreign Relationship Other	Taiwan	Denied	—	—	—
2.d	After initiation of this action, Applicant renounced his Taiwanese citizenship.	Against Applicant	Unspecified Foreign Relationship Other	Taiwan	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's mother and siblings are citizens and residents of the U.S., however, his wife and father are citizens of Taiwan and permanent residents of the U.S.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Taiwan

Denied

—

2.b

His spouse maintains contact with her family members, who are Taiwanese citizens.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Taiwan

Denied

—

2.c

Applicant failed to mitigate the security concerns arising from his close ties to Taiwan.

Against Applicant

Unspecified Foreign Relationship

Other

Taiwan

Denied

—

2.d

After initiation of this action, Applicant renounced his Taiwanese citizenship.

Against Applicant

Unspecified Foreign Relationship

Other

Taiwan

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship by renewing his Taiwanese passport and residing in Taiwan as a Taiwanese citizen for about two years.	Against 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. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.b	Applicant renewed his Taiwanese passport the day before he became a U.S. citizen in order to qualify for preferential tax treatment for real estate in his name in Taiwan.	Against 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. (c) failure to use a U.S. passport when entering or exiting the U.S. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.c	Applicant served in the Taiwanese army for two years to fulfill his compulsory service obligation.	Against Applicant	Foreign Military or Government Service	Admitted	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.d	Applicant's father receives a pension from the Taiwanese government, which is deposited to an account in his name in Taiwan.	Against Applicant	Foreign Benefits or Education	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.e	Applicant's wife contacts her family members in Taiwan frequently, maintaining close ties to Taiwanese citizens.	Against Applicant	Foreign Benefits or Education	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.f	Applicant has not demonstrated that he has severed all ties to Taiwan or that he does not have a preference for Taiwan over the United States.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(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.	—	—
1.g	Applicant has not provided sufficient evidence to mitigate the security concerns arising from his close ties to Taiwan.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(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.	—	—
1.h	Applicant's actions indicate a preference for Taiwan over the United States, raising concerns about his allegiance.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(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.	—	—
1.i	Applicant renounced his Taiwanese citizenship after the initiation of this action.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship by renewing his Taiwanese passport and residing in Taiwan as a Taiwanese citizen for about two years.

Against 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.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.b

Applicant renewed his Taiwanese passport the day before he became a U.S. citizen in order to qualify for preferential tax treatment for real estate in his name in Taiwan.

Against 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.

(c) failure to use a U.S. passport when entering or exiting the U.S.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.c

Applicant served in the Taiwanese army for two years to fulfill his compulsory service obligation.

Against Applicant

Foreign Military or Government Service

Admitted

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.d

Applicant's father receives a pension from the Taiwanese government, which is deposited to an account in his name in Taiwan.

Against Applicant

Foreign Benefits or Education

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.e

Applicant's wife contacts her family members in Taiwan frequently, maintaining close ties to Taiwanese citizens.

Against Applicant

Foreign Benefits or Education

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.f

Applicant has not demonstrated that he has severed all ties to Taiwan or that he does not have a preference for Taiwan over the United States.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(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.

—

1.g

Applicant has not provided sufficient evidence to mitigate the security concerns arising from his close ties to Taiwan.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(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.

—

1.h

Applicant's actions indicate a preference for Taiwan over the United States, raising concerns about his allegiance.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(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.

—

1.i

Applicant renounced his Taiwanese citizenship after the initiation of this action.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision