Summary
A 49-year-old technical fellow, employed by a defense contractor since 1995, was denied a security clearance under Guideline B (Foreign Influence) due to family ties in the People's Republic of China and Japan. The applicant's mother, three siblings, and mother-in-law are citizens and residents of China, while another brother is a citizen and resident of Japan.
Although the applicant described his contact with family in China as infrequent and casual, the judge found insufficient evidence to assess their relationships with the Chinese government. Concerns were also raised by the applicant's wife maintaining telephonic contact with her mother in China one to two times per month, and the applicant's monthly telephonic contact with his brother in Japan.
The applicant had not visited his brother in Japan in the past seven years, if ever. Ultimately, the lack of sufficient information regarding his family's governmental relationships, combined with the frequent contact with relatives in China and Japan, prevented the mitigation of foreign influence security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to provide sufficient facts regarding his family's relationships with their respective governments.
- Frequent contact between the applicant's wife and her mother in China raised concerns about potential foreign influence.
- The applicant's limited evidence did not adequately mitigate the security risks associated with his foreign family ties.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
- E2.A2.1.3.3appliedForeign Influence Mitigating ConditionThe applicant's contact with relatives in PRC is infrequent.
- E2.A2.1.3.1rejectedForeign Influence Mitigating ConditionInsufficient evidence provided to determine that family members are not agents of a foreign power.
- E2.A2.1.3.2notedForeign Influence Mitigating Condition
- E2.A2.1.3.4notedForeign Influence Mitigating Condition
- E2.A2.1.3.5notedForeign Influence Mitigating Condition
Key Rule Quoted
“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedAug 29, 2006
- Answer filedSep 7, 2006Applicant admitted all allegations.
- Hearing held—Determination based on written record.
- Decision dateDec 27, 2006
Cite For
- Insufficient Evidence to Mitigate Foreign Influence Concerns Under Guideline B
- Impact of Family Ties in Foreign Countries on Security Clearance Decisions
- The Burden of Proof in Security Clearance Cases Shifts to the Applicant After the Government Establishes Its Case.