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4.526 0 Td
(At the same time, he has)Tj
-35.936 -1.125 Td
(extensive ties to the United States. )Tj
14.025 0 Td
(Applicant has now lived here most of his adult life, his spouse and chil\
d are citizens)Tj
-14.025 -1.125 Td
(and residents of the U.S., his professional standing is with U.S. firms,\
and most of his financial interests are in the)Tj
T*
(United States. )Tj
5.86 0 Td
(He has worked for defense )Tj
(contractors for many years and was previously granted access to controll\
ed)Tj
-5.86 -1.125 Td
(material without adverse incident. )Tj
13.856 0 Td
(Considering the extent of his ties to the United )Tj
18.914 0 Td
(States, I find Applicant is not)Tj
-32.77 -1.125 Td
(vulnerable to pressure or duress through his relatives in Taiwan. )Tj
25.91 0 Td
(I conclude the mitigating condition set out in \266)Tj
-25.91 -1.125 Td
(E2.A2.1.3.1 of )Tj
(the Directive applies.)Tj
0 -2.125 TD
(Under \266 E2.A2.1.3.3 of the Directive, it may also be mitigating where\
"[c]ontact and correspondence with foreign)Tj
0 -1.125 TD
(citizens are casual and infrequent." )Tj
14.235 0 Td
(Applicant maintains regular contact with his father, his younger brother\
, and his)Tj
-14.235 -1.125 Td
(mother-in law. )Tj
6.137 0 Td
(Thus, this mitigating condition does not apply to his )Tj
21.11 0 Td
(relationships with them. )Tj
9.888 0 Td
(Applicant has not seen his)Tj
-37.135 -1.125 Td
(older brother or his sister-in-law in Taiwan for several years, and does\
not maintain regular contact. )Tj
40.097 0 Td
(I )Tj
(conclude this)Tj
-40.097 -1.125 Td
(mitigating condition applies to those relatives.)Tj
0 -2.125 TD
(Paragraph E2.A2.1.3.5 of the Directive provides that security concerns a\
rising from the ownership of property in a)Tj
0 -1.125 TD
(foreign country may be mitigated where the )Tj
17.799 0 Td
("[f]oreign financial interests are minimal and not sufficient to affect \
the)Tj
-17.799 -1.125 Td
(individual's security responsibilities." )Tj
15.253 0 Td
(Applicant's undivided interest in several units of )Tj
19.593 0 Td
(an apartment complex represents)Tj
-34.846 -1.125 Td
(a fraction of his net worth. )Tj
10.858 0 Td
(He has no control over the management of the property, nor does he recei\
ve any proceeds. )Tj
36.375 0 Td
(I)Tj
-47.233 -1.125 Td
(find )Tj
(this financial interest is not sufficient to affect Applicant's security\
responsibilities. )Tj
35.255 0 Td
(However, the value of the)Tj
-35.255 -1.125 Td
(property is not minimal. )Tj
9.916 0 Td
(Therefore, I conclude )Tj
8.884 0 Td
(this mitigating condition does not apply.)Tj
-18.799 -2.125 Td
(I considered carefully all the facts and circumstances in this case in l\
ight of the "whole person" concept. )Tj
41.83 0 Td
(Applicant is a)Tj
-41.83 -1.125 Td
(mature individual who has spent the )Tj
14.719 0 Td
(majority of his adult life in the United States. )Tj
18.33 0 Td
(The personal, professional, and)Tj
-33.049 -1.125 Td
(economic ties that bind him to the United States far outweigh his connec\
tions )Tj
31.244 0 Td
(with relatives and property in Taiwan. )Tj
15.523 0 Td
(I)Tj
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(Under \266 E2.A3.1.3.2 of the Directive, it may be mitigating where "[i]\
ndicators of possible foreign preference \(e.g.,)Tj
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(foreign military service\) occurred before )Tj
16.52 0 Td
(obtaining United States citizenship." )Tj
14.878 0 Td
(Applicant's military service in Taiwan)Tj
-31.397 -1.125 Td
(occurred before he became a U.S. citizen. )Tj
16.936 0 Td
(The service was required by the law of )Tj
15.771 0 Td
(Taiwan, it was relatively brief, and it)Tj
-32.707 -1.125 Td
(did not involve intelligence gathering functions. )Tj
19.468 0 Td
(I find this mitigating condition applies.)Tj
-19.468 -2.125 Td
(It may also be mitigating where the activity in question is "sanctioned \
by the United States." )Tj
37.17 0 Td
(Directive, \266 E2.A3.1.3.3.)Tj
-37.17 -1.125 Td
(The law of the United States does not )Tj
15.274 0 Td
(prohibit a U.S. citizen from holding a foreign passport; however, recogn\
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-15.274 -1.125 Td
(it is lawful is not the same as sanctioning the practice. )Tj
21.828 0 Td
(Here, the United )Tj
6.886 0 Td
(States did not direct, request, or require)Tj
-28.714 -1.125 Td
(Applicant to keep his foreign passport. )Tj
15.747 0 Td
(I conclude this mitigating condition does not apply.)Tj
-15.747 -2.125 Td
(Finally, it may be mitigating where an "[i]ndividual has expressed a wil\
lingness to renounce dual citizenship." )Tj
44.361 0 Td
(Applicant)Tj
-44.361 -1.125 Td
(renounced his Taiwanese citizenship )Tj
14.939 0 Td
(unequivocally and returned his passport to that country. )Tj
22.522 0 Td
(Ex. A. )Tj
(Moreover, he has)Tj
-37.461 -1.125 Td
(chosen to live in the United States for the greater part of his adult li\
fe, his )Tj
29.631 0 Td
(wife and son are U.S. citizens, he and his wife)Tj
-29.631 -1.125 Td
(have risen to positions of responsibility in their career fields, and he\
has most of his financial assets here. )Tj
42.239 0 Td
(I )Tj
(conclude this)Tj
-42.239 -1.125 Td
(mitigating condition applies.)Tj
0 -2.125 TD
(I carefully considered all the potentially disqualifying and mitigating \
conditions in light of the "whole person"concept. )Tj
47.666 0 Td
(I)Tj
-47.666 -1.125 Td
(conclude that Applicant has mitigated )Tj
15.412 0 Td
(the security concerns arising from his possession of a foreign passport.\
)Tj
/TT1 1 Tf
-15.412 -2.125 Td
(Guideline B, Foreign Influence)Tj
/TT0 1 Tf
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(Paragraph E2.A2.1.2.1 of the Directive provides that it may be a disqual\
ifying condition if "an immediate family)Tj
0 -1.125 TD
(member, or a person to whom the individual )Tj
18.024 0 Td
(has close ties of affection or obligation, is a citizen of, or resident \
or)Tj
-18.024 -1.125 Td
(present in, a foreign country)Tj
/TT2 1 Tf
11.302 0 Td
(.)Tj
/TT0 1 Tf
(" )Tj
(Paragraph E2.A2.1.3.1. defines "immediate family )Tj
21.422 0 Td
(members" to include a spouse, father,)Tj
-32.724 -1.125 Td
(mother, sons, daughters, brothers, and sisters. )Tj
18.469 0 Td
(Applicant has immediate family members-his )Tj
18.523 0 Td
(father and two )Tj
6.025 0 Td
(brothers-)Tj
-43.018 -1.125 Td
(who are citizens and residents of Taiwan. )Tj
16.827 0 Td
(Additionally, Applicant's mother-in-law, father-in-law, and sister-in la\
w are)Tj
-16.827 -1.125 Td
(persons with whom he has )Tj
(close bonds of affection. )Tj
20.94 0 Td
(Applicant maintains regular contact with his father, his younger)Tj
-20.94 -1.125 Td
(brother, his mother-in-law and his father-in-law. )Tj
19.605 0 Td
(These )Tj
(circumstances "could create the potential for foreign influence)Tj
-19.605 -1.125 Td
(that could result in the compromise of classified information." )Tj
25.125 0 Td
(Directive, \266 E2.A2.1.1. )Tj
9.506 0 Td
(While )Tj
2.693 0 Td
(the)Tj
-37.324 -2.125 Td
(mere possession of family ties with persons in a foreign country is not,\
as a matter of law, automatically disqualifying . .)Tj
T*
(. [it] does raise a prima facie security )Tj
15.077 0 Td
(concern sufficient to require an applicant to present evidence of rebutt\
al,)Tj
-15.077 -1.125 Td
(extenuation or mitigation sufficient to meet the applicant's burden of p\
ersuasion that it )Tj
34.754 0 Td
(is clearly consistent with the)Tj
-34.754 -1.125 Td
(national interest to grant )Tj
9.997 0 Td
(or continue a security clearance for the applicant.)Tj
-9.997 -2.125 Td
(ISCR Case No. 99-0424, 2001 DOHA LEXIS 59 at **33-34 \(App. Bd. Feb. 8, \
2001\).)Tj
34.304 0 Td
( )Tj
(I conclude this potentially)Tj
-34.304 -1.125 Td
(disqualifying condition applies.)Tj
0 -2.125 TD
(Similarly, it may be disqualifying where an applicant "shar[es] living q\
uarters with a person )Tj
37.038 0 Td
(. . . if the potential for)Tj
-37.038 -1.125 Td
(adverse foreign influence or duress exists." )Tj
17.486 0 Td
(Directive, \266 E2.A2.1.2.2. )Tj
10.256 0 Td
(As noted above, Applicant's mother-in-law lives)Tj
-27.742 -1.125 Td
(with Applicant's family for a portion of each year. )Tj
20.285 0 Td
(She is a retired high school )Tj
11.109 0 Td
(teacher, with no continuing connection to)Tj
-31.394 -1.125 Td
(the Taiwanese government other than her pension. )Tj
20.437 0 Td
(She is a citizen of Taiwan, but holds a "green card" allowing her )Tj
26.03 0 Td
(to)Tj
-46.468 -1.125 Td
(reside in the U.S. )Tj
7.166 0 Td
(The fact that Applicant's mother-in-law resides in the U.S. for a substa\
ntial part of each year greatly)Tj
-7.166 -1.125 Td
(reduces the possibility a foreign )Tj
13.024 0 Td
(power could improperly influence or exert pressure upon her. )Tj
24.825 0 Td
(However, Applicant's)Tj
-37.849 -1.125 Td
(mother-in-law has a daughter who is also a citizen and resident of Taiwa\
n. )Tj
30.045 0 Td
(Under the circumstances, I find this)Tj
-30.045 -1.125 Td
(potentially disqualifying condition applies.)Tj
T*
(Under \266 E2.A2.1.2.3 of the Directive, it may be disqualifying where, \
"[r]elatives . . . are connected with any foreign)Tj
0 -1.125 TD
(government." )Tj
(One of Applicant's brothers )Tj
16.973 0 Td
(works for a private company that performs contract work for the governme\
nt)Tj
-16.973 -1.125 Td
(of Taiwan. )Tj
4.582 0 Td
(Applicant's mother-in-law receives a retirement as a former school )Tj
26.919 0 Td
(teacher. )Tj
3.386 0 Td
(I am not persuaded that this)Tj
-34.887 -1.125 Td
(relationship is sufficient to constitute a "connection" to a foreign gov\
ernment. )Tj
31.364 0 Td
(I find this potentially disqualifying)Tj
-31.364 -1.125 Td
(condition does not apply.)Tj
0 -2.125 TD
(Paragraph E2.A2.1.2.8 of the Directive provides that a "substantial fina\
ncial interest in a country, or in any foreign-)Tj
0 -1.125 TD
(owned or -operated business that could )Tj
15.885 0 Td
(make the individual vulnerable to foreign influence," may be disqualifyi\
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(may be subject to duress. )Tj
10.331 0 Td
(These situations could create the potential for )Tj
18.466 0 Td
(foreign influence that could result in the)Tj
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(compromise of classified information. )Tj
15.524 0 Td
(Contacts with citizens of other countries or financial interests in othe\
r countries)Tj
-15.524 -1.125 Td
(are also relevant to security determinations if they make an individual \
potentially vulnerable to coercion, exploitation, or)Tj
0 -1.125 TD
(pressure. )Tj
(Directive, \266 E2.A2.1.1.)Tj
0 -2.125 TD
(Guideline C, Foreign Preference: )Tj
13.523 0 Td
(When an individual acts in such a way as to indicate a preference for a \
foreign country)Tj
-13.523 -1.125 Td
(over the United States, then he or she )Tj
15.19 0 Td
(may be prone to provide information or make decisions that are harmful t\
o the)Tj
-15.19 -1.125 Td
(interests of the United States. )Tj
11.998 0 Td
(Directive, \266 E2.A3.1.1.)Tj
-11.998 -2.125 Td
(Conditions that could raise a security concern and may be disqualifying,\
as well as those which could mitigate security)Tj
0 -1.125 TD
(concerns pertaining to these adjudicative )Tj
16.577 0 Td
(guidelines, are set forth and discussed in the conclusions below.)Tj
-16.577 -2.125 Td
("The adjudicative process is an examination of a sufficient period of a \
person's life to make an affirmative determination)Tj
T*
(that the person is eligible for a )Tj
12.413 0 Td
(security clearance." )Tj
8.098 0 Td
(Directive, \266 E2.2.1. )Tj
8.034 0 Td
(An administrative judge must apply the "whole)Tj
-28.545 -1.125 Td
(person concept," and consider and carefully weigh the available, )Tj
26.037 0 Td
(reliable information about the person. )Tj
/TT1 1 Tf
15.329 0 Td
(Id.)Tj
/TT0 1 Tf
( An)Tj
-41.365 -1.125 Td
(administrative judge should consider the following factors: \(1\) the na\
ture, extent, and seriousness of the conduct; \(2\) the)Tj
T*
(circumstances surrounding the conduct, to include knowledgeable particip\
ation; \(3\) the frequency and recency of the)Tj
T*
(conduct; \(4\) the individual's age )Tj
13.093 0 Td
(and maturity at the time of the conduct; \(5\) the voluntariness of part\
icipation; \(6\) the)Tj
-13.093 -1.125 Td
(presence or absence of rehabilitation and other pertinent behavioral )Tj
27.183 0 Td
(changes; \(7\) the motivation for the conduct; \(8\) the)Tj
-27.183 -1.125 Td
(potential for pressure, coercion, exploitation, or duress; and \(9\) the\
likelihood of continuation or recurrence. )Tj
/TT1 1 Tf
43.402 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
-43.402 -2.125 Td
(Initially, the Government must present evidence to establish controverte\
d facts in the SOR that disqualify or may)Tj
T*
(disqualify the applicant from being eligible for )Tj
18.967 0 Td
(access to classified information. )Tj
13.079 0 Td
(Directive, \266 E3.1.14. )Tj
8.534 0 Td
(Thereafter, the)Tj
-40.58 -1.125 Td
(applicant is responsible for presenting evidence to rebut, explain, exte\
nuate, or mitigate )Tj
35.238 0 Td
(the facts. )Tj
3.859 0 Td
(Directive, \266 E3.1.15.)Tj
-39.098 -1.125 Td
(An applicant "has the ultimate burden of demonstrating that it is clearl\
y consistent with the national interest to grant or)Tj
T*
(continue )Tj
3.693 0 Td
(his security clearance." )Tj
9.515 0 Td
(ISCR Case No. 01-20700 at 3 \(App. Bd. Dec. 19, 2002\). )Tj
("Any doubt as to whether)Tj
-13.208 -1.125 Td
(access to classified information is clearly consistent )Tj
20.966 0 Td
(with national security will be resolved in favor of the national)Tj
-20.966 -1.125 Td
(security." )Tj
(Directive, \266 E2.2.2.)Tj
/TT2 1 Tf
20.489 -2.125 Td
(CONCLUSIONS)Tj
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(I considered carefully all the facts in evidence and the legal standards\
discussed above. I reach the following)Tj
T*
(conclusions regarding the allegations in the SOR.)Tj
/TT2 1 Tf
0 -2.125 TD
(Guideline C, Foreign Preference)Tj
/TT0 1 Tf
T*
(The Directive sets out circumstances that could indicate a disqualifying\
foreign preference. )Tj
36.68 0 Td
(Directive, \266 E2.A3.1.2.)Tj
-36.68 -1.125 Td
(Under \266 E2.A3.1.2.1, "[t]he exercise of )Tj
15.939 0 Td
(dual citizenship" may be disqualifying. )Tj
15.905 0 Td
(Applicant became a citizen of the United)Tj
-31.844 -1.125 Td
(States in May 2001, but did not formally renounce his Taiwanese citizens\
hip )Tj
30.965 0 Td
(until 2004. )Tj
4.583 0 Td
(There is no evidence, however,)Tj
-35.549 -1.125 Td
(indicating that Applicant exercised his rights of dual citizenship after\
becoming a U.S. citizen, such as using his)Tj
0 -1.125 TD
(Taiwanese passport or voting in an election in Taiwan. )Tj
22.16 0 Td
(I find this potentially disqualifying condition does not apply.)Tj
-22.16 -2.125 Td
(Paragraph E2.A3.1.2.2 of the Directive indicates that the "[p]ossession \
and/or use of a foreign passport" may show a)Tj
T*
(potentially disqualifying foreign )Tj
13.192 0 Td
(preference. )Tj
4.718 0 Td
(In this case, Applicant possessed his Taiwanese passport after becoming \
a)Tj
-17.91 -1.125 Td
(U.S. citizen, even though he did not use it. )Tj
17.247 0 Td
(I find that this potentially )Tj
10.415 0 Td
(disqualifying condition applies.)Tj
-27.662 -2.125 Td
(The Directive also provides that "military service" for a foreign countr\
y may raise security issues. )Tj
39.359 0 Td
(Directive, \266)Tj
-39.359 -1.125 Td
(E2.A3.1.2.3. )Tj
(Here, Applicant was a second )Tj
17.495 0 Td
(lieutenant for two years, as part of Taiwan's compulsory service)Tj
-17.495 -1.125 Td
(requirement. )Tj
5.331 0 Td
(This raises the possibility of security concerns.)Tj
-5.331 -2.125 Td
(The Directive also sets out conditions that could mitigate security conc\
erns related to foreign preference. )Tj
42.151 0 Td
(Under \266)Tj
-42.151 -1.125 Td
(E2.A3.1.3.1, it may be mitigating where )Tj
16.358 0 Td
("[d]ual citizenship is based solely on parents' citizenship or birth in \
a foreign)Tj
-16.358 -1.125 Td
(country." )Tj
(Applicant became a citizen of Taiwan because of his birth in that )Tj
30.23 0 Td
(country. )Tj
(I conclude this potentially)Tj
-30.23 -1.125 Td
(mitigating condition applies.)Tj
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(Applicant's wife has relatives who live in Taiwan all or part of the tim\
e. )Tj
28.977 0 Td
(Applicant's father-in-law is a retired physician.)Tj
-28.977 -1.125 Td
(Tr. at 31. )Tj
3.916 0 Td
(He is a citizen of Taiwan. )Tj
/TT1 1 Tf
10.523 0 Td
(Id.)Tj
/TT0 1 Tf
(; Ex. 1 at 5. )Tj
5.943 0 Td
(For part of the year, he lives in the United States with Applicant's)Tj
-20.382 -1.125 Td
(brother-in-law. )Tj
6.275 0 Td
(Tr. at 31. )Tj
3.916 0 Td
(He also spends part of the year living in Taiwan. )Tj
/TT1 1 Tf
19.689 0 Td
(Id.)Tj
/TT0 1 Tf
-29.88 -2.125 Td
(Applicant's mother-in-law was a high school teacher in Taiwan but is now\
retired. )Tj
33.06 0 Td
(Tr. at 32. )Tj
3.916 0 Td
(She has resident alien status)Tj
-36.975 -1.125 Td
(in this country and spends eight or )Tj
14.026 0 Td
(nine months of each year living with Applicant and his family in the U.S\
. )Tj
/TT1 1 Tf
29.605 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(The)Tj
-43.631 -1.125 Td
(remaining time she lives in Taiwan.)Tj
0 -2.125 TD
(Applicant's wife has a sister who lives in Taiwan. )Tj
20.064 0 Td
(Tr. at 33. )Tj
3.916 0 Td
(She and her husband, a U.S. citizen, operate a private)Tj
-23.98 -1.125 Td
(tutoring business in Taiwan. )Tj
/TT1 1 Tf
11.582 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(They plan )Tj
5.609 0 Td
(to return to the United States one day. )Tj
15.413 0 Td
(Applicant and his wife see them when)Tj
-32.604 -1.125 Td
(they visit Taiwan. )Tj
7.443 0 Td
(Tr. at 56.)Tj
-7.443 -2.125 Td
(Applicant has had property interests in Taiwan. )Tj
19.217 0 Td
(For a time, he maintained a bank account in Taiwan with about)Tj
-19.217 -1.125 Td
($1,200.00 in funds. )Tj
(Tr. at 35. )Tj
11.916 0 Td
(He and his wife )Tj
(kept the account for their personal convenience while visiting Taiwan. )Tj
34.96 0 Td
(Tr.)Tj
-46.876 -1.125 Td
(at 48. )Tj
(Applicant later closed the account. )Tj
/TT1 1 Tf
16.577 0 Td
(Id.)Tj
/TT0 1 Tf
(; Ex. B. )Tj
(Applicant's mother passed )Tj
15.15 0 Td
(away in 1985, and left him shares of)Tj
-31.727 -1.125 Td
(stock in a Taiwanese company. )Tj
12.773 0 Td
(Tr. at 35. )Tj
3.916 0 Td
(Applicant sold the stock. )Tj
/TT1 1 Tf
10.193 0 Td
(Id.)Tj
/TT0 1 Tf
-26.882 -2.125 Td
(Applicant's mother left a home in Taiwan to Applicant and his younger br\
other, in equal shares. )Tj
/TT1 1 Tf
38.559 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(Later, the home was)Tj
-38.559 -1.125 Td
(demolished and replaced by an )Tj
12.634 0 Td
(apartment complex. )Tj
8.191 0 Td
(Tr. at 37. )Tj
3.916 0 Td
(Applicant now owns an undivided one-half interest in)Tj
-24.741 -1.125 Td
(three units in an apartment complex; his interest is valued at about )Tj
26.771 0 Td
($130,000.00. )Tj
/TT1 1 Tf
(Id.; )Tj
/TT0 1 Tf
(Tr. at 49. )Tj
11.082 0 Td
(Applicant gave his father)Tj
-37.852 -1.125 Td
(a power of attorney to manage the property for him. )Tj
21.021 0 Td
(Applicant takes no role in running the building and )Tj
20.69 0 Td
(receives no rent.)Tj
-41.711 -1.125 Td
(Tr. at 37-38. )Tj
5.249 0 Td
(Applicant tried to sell his interest in the building, but his relatives \
were not in a position to buy him out. )Tj
41.744 0 Td
(Tr.)Tj
-46.993 -1.125 Td
(at 38. )Tj
(Applicant )Tj
6.665 0 Td
(calculates his share of the building is about 13 percent of his net wort\
h. )Tj
/TT1 1 Tf
28.743 0 Td
(Id.)Tj
/TT0 1 Tf
-35.408 -2.125 Td
(Applicant has substantial assets in the United States, including a home,\
bank accounts, and investments. )Tj
41.853 0 Td
(Tr. at 46. )Tj
3.916 0 Td
(In)Tj
-45.769 -1.125 Td
(March 2004, Applicant returned to )Tj
14.163 0 Td
(Taiwan to resolve personal and property issues and obtain documents nece\
ssary to)Tj
-14.163 -1.125 Td
(formally relinquish his Taiwanese citizenship. )Tj
18.717 0 Td
(Tr. at 50. )Tj
3.916 0 Td
(He traveled on his )Tj
7.553 0 Td
(U.S. passport. )Tj
(Tr. at 26.)Tj
-30.186 -2.125 Td
(Taiwan is a democracy with a long history of friendly relations with the\
United States, including economic, political,)Tj
0 -1.125 TD
(cultural, and social ties. )Tj
9.719 0 Td
(Ex. 3 at 1. )Tj
4.333 0 Td
(The )Tj
(United States and Taiwan share military defensive commitments and substa\
ntial)Tj
-14.052 -1.125 Td
(levels of foreign trade. )Tj
9.302 0 Td
(Ex. 3 at 3-4, 6, 7; Ex. F. )Tj
9.86 0 Td
(The National )Tj
5.498 0 Td
(Counterintelligence Executive Office's Annual Report to)Tj
-24.66 -1.125 Td
(Congress on Foreign Economic Collection and Industrial Espionage for 200\
0 includes a summary of a )Tj
41.186 0 Td
(survey of a dozen)Tj
-41.186 -1.125 Td
(Fortune 500 companies that indicated Taiwan is one of the most active co\
llectors of foreign economic information or)Tj
T*
(industrial espionage. )Tj
8.526 0 Td
(Ex. 4 at 15.)Tj
/TT2 1 Tf
13.241 -2.125 Td
(POLICIES)Tj
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/TT0 1 Tf
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(In Executive Order 12968, )Tj
/TT1 1 Tf
10.913 0 Td
(Access to Classified Information)Tj
/TT0 1 Tf
13.027 0 Td
(, \247 3.1\(b\) \(August 4, 1995\), the President provided that)Tj
-23.94 -1.125 Td
(eligibility for access to classified )Tj
13.413 0 Td
(information shall be granted only to United States citizens "whose perso\
nal and)Tj
-13.413 -1.125 Td
(professional history affirmatively indicates loyalty to the United State\
s, strength )Tj
32.298 0 Td
(of character, trustworthiness, honesty,)Tj
-32.298 -1.125 Td
(reliability, discretion, and sound judgment, as well as freedom from con\
flicting allegiances and potential for coercion,)Tj
T*
(and willingness and ability to abide by regulations governing the use, h\
andling, and protection of classified)Tj
T*
(information." )Tj
5.629 0 Td
(A person granted access to classified )Tj
14.995 0 Td
(information enters into a special relationship with the government.)Tj
-20.624 -1.125 Td
(The government must be able to repose a high degree of trust and confide\
nce in those )Tj
34.489 0 Td
(individuals to whom it grants)Tj
-34.489 -1.125 Td
(access to classified information. )Tj
13.079 0 Td
(The decision to deny an individual a security clearance is not a determi\
nation as to the)Tj
-13.079 -1.125 Td
(loyalty of )Tj
4.11 0 Td
(the applicant. )Tj
5.637 0 Td
(Exec. Ord. 10865, \247 7. )Tj
(It is merely an indication that the applicant has not met the strict)Tj
-9.747 -1.125 Td
(guidelines the President has established for issuing a )Tj
21.274 0 Td
(clearance.)Tj
-21.274 -2.125 Td
(To be eligible for a security clearance, an applicant must meet the secu\
rity guidelines contained in the Directive.)Tj
T*
(Enclosure 2 of the Directive sets forth )Tj
15.467 0 Td
(personnel security guidelines, as well as the disqualifying conditions a\
nd)Tj
-15.467 -1.125 Td
(mitigating conditions under each guideline. )Tj
17.607 0 Td
(The adjudicative guidelines at issue in )Tj
15.551 0 Td
(this case are:)Tj
-33.158 -2.125 Td
(Guideline )Tj
4.193 0 Td
(B, Foreign Influence: )Tj
8.831 0 Td
(A security risk may exist when an individual's immediate family, includi\
ng cohabitants,)Tj
-13.024 -1.125 Td
(or other persons to whom he may be )Tj
14.83 0 Td
(bound by affection, influence, or obligation, are not citizens of the Un\
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(Applicant admitted the allegations, in part, and offered mitigating circ\
umstances. )Tj
32.684 0 Td
(Answer to SOR, dated March 24,)Tj
-32.684 -1.125 Td
(2004. )Tj
/TT1 1 Tf
(Id. )Tj
/TT0 1 Tf
(Those admissions are )Tj
12.692 0 Td
(incorporated herein as findings of fact. )Tj
15.744 0 Td
(After a complete and thorough review of the)Tj
-28.437 -1.125 Td
(evidence in the record, I make the following additional findings of fact\
:)Tj
0 -2.125 TD
(Applicant is 41 years old. )Tj
10.498 0 Td
(Ex. 1 at 1. )Tj
4.333 0 Td
(He was born in Taiwan \(The Republic of China\) and grew up in that coun\
try. )Tj
/TT1 1 Tf
31.158 0 Td
(Id.)Tj
/TT0 1 Tf
-45.989 -1.125 Td
(He attended a university in Taiwan and )Tj
15.967 0 Td
(obtained a Bachelor of Science degree in 1985 and a Masters of Science d\
egree)Tj
-15.967 -1.125 Td
(in 1987. )Tj
(Tr. at 21.)Tj
T*
(Applicant served in the military forces of Taiwan for two years between \
1987 and 1989, pursuant to Taiwan's)Tj
0 -1.125 TD
(compulsory service requirement. )Tj
13.384 0 Td
(Tr. at 39. )Tj
3.916 0 Td
(He )Tj
(was a Second Lieutenant, and worked as an instructor at a military high)Tj
-17.3 -1.125 Td
(school teaching mechanical drawing, physics, and mathematics. )Tj
25.825 0 Td
(Tr. at 40.)Tj
-25.825 -2.125 Td
(Applicant came to the United States in about 1989. )Tj
/TT1 1 Tf
20.662 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(He attended a prominent U.S. university between 1989 and 1992)Tj
-20.662 -1.125 Td
(on a scholarship, and earned his )Tj
13.024 0 Td
(doctoral \(Ph.D\) degree in aerospace engineering. )Tj
19.825 0 Td
(Ex. 1 at 2; Tr. at 43.)Tj
-32.849 -2.125 Td
(Between about 1993 and 1998, Applicant worked as a researcher for a defe\
nse contractor, providing services to the U.S.)Tj
T*
(Air Force at a major military )Tj
11.774 0 Td
(installation. )Tj
4.944 0 Td
(Tr. at 22; Ex. 1 at 3. )Tj
8.276 0 Td
(He then served for three years as a senior principal)Tj
-24.994 -1.125 Td
(engineer for a company manufacturing rockets for a U.S. space agency. )Tj
28.877 0 Td
(Tr. at 22; Ex. 1 at 3. )Tj
8.276 0 Td
(Between about 2000 and)Tj
-37.153 -1.125 Td
(2001, he was a senior project engineer for two major defense contractors\
. )Tj
29.6 0 Td
(Ex. 1 at 3. )Tj
4.333 0 Td
(Applicant has not held a )Tj
9.97 0 Td
(security)Tj
-43.902 -1.125 Td
(clearance. )Tj
4.274 0 Td
(Tr. at 43; Ex. 1 at 9. )Tj
8.276 0 Td
(However, he has handled sensitive information related to the Internation\
al Traffic in)Tj
-12.55 -1.125 Td
(Arms Regulations without )Tj
10.805 0 Td
(adverse incident. )Tj
7.025 0 Td
(Tr. at 44.)Tj
-17.83 -2.125 Td
(In 2001, Applicant began working for his present employer as a principal\
staff engineer, designing, analyzing, and)Tj
T*
(testing various rocket and missile systems. )Tj
17.303 0 Td
(Tr. at 21. )Tj
3.916 0 Td
(Applicant's supervisors described him as a careful, meticulous)Tj
-21.219 -1.125 Td
(person with sound judgment, who abides by the company's rules and regula\
tions. )Tj
32.675 0 Td
(Tr. )Tj
(at 62-63; 72; Ex. G; Ex. H.)Tj
-32.675 -2.125 Td
(Applicant traveled to Taiwan to visit his family on several occasions, s\
pecifically January 1995, October 1996, February)Tj
T*
(2000, and January 2001. )Tj
(Tr. at 27; Ex. )Tj
15.608 0 Td
(1 at 6-7. )Tj
(He was then a citizen of Taiwan and traveled on his Taiwanese passport.)Tj
-15.608 -1.125 Td
(Tr. at 27.)Tj
0 -2.125 TD
(Applicant became a U.S. citizen in May 2001. )Tj
18.745 0 Td
(Tr. at 26; Ex. 1 at 1. )Tj
8.276 0 Td
(He applied for a security clearance in December)Tj
-27.021 -1.125 Td
(2001. )Tj
(Ex. 1 at 1. )Tj
6.833 0 Td
(Since becoming a U.S. )Tj
9.387 0 Td
(citizen, Applicant used only his U.S. passport to travel abroad. )Tj
25.272 0 Td
(Tr. at 26; Ex. 2;)Tj
-41.492 -1.125 Td
(Ex. E. )Tj
(In April 2004, Applicant renounced his Taiwanese citizenship and )Tj
29.492 0 Td
(turned in his passport. )Tj
9.083 0 Td
(Tr. at 27; Ex. A.)Tj
-38.574 -2.125 Td
(Applicant has relatives living in Taiwan. )Tj
16.523 0 Td
(None of Applicant's relatives were ever engaged in gathering intelligenc\
e for)Tj
-16.523 -1.125 Td
(any government. )Tj
6.97 0 Td
(Tr. at 30-31.)Tj
-6.97 -2.125 Td
(Applicant's 68-year-old father lives in Taiwan. )Tj
18.924 0 Td
(Tr. at 28. )Tj
3.916 0 Td
(He was a human resources manager for a private company, but)Tj
-22.839 -1.125 Td
(is now retired. )Tj
/TT1 1 Tf
5.999 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(He currently )Tj
6.608 0 Td
(manages some properties in Taiwan and cares for his wife, who is ill. )Tj
/TT1 1 Tf
27.964 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(Applicant)Tj
-40.571 -1.125 Td
(speaks to his father by telephone about once every two or three months. \
)Tj
/TT1 1 Tf
28.936 0 Td
(Id.)Tj
/TT0 1 Tf
-28.936 -2.125 Td
(Applicant has two brothers living in Taiwan. )Tj
18.163 0 Td
(Tr. at 29. )Tj
3.916 0 Td
(One of Applicant's brothers is a professor of engineering for a)Tj
-22.079 -1.125 Td
(major university in Taiwan. )Tj
/TT1 1 Tf
11.358 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(He also )Tj
(serves as a structural engineer for a private company in Taiwan that wor\
ks on)Tj
-11.358 -1.125 Td
(government contracts involving unclassified aviation projects. )Tj
/TT1 1 Tf
25.132 0 Td
(Id. )Tj
/TT0 1 Tf
(at 29-30.)Tj
-25.132 -2.125 Td
(Applicant's second brother in Taiwan is a psychiatrist at a government h\
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/TT1 1 Tf
32.033 0 Td
(Id.)Tj
/TT0 1 Tf
( at 30. His practice is devoted to the)Tj
-32.033 -1.125 Td
(treatment of the mentally ill. )Tj
/TT1 1 Tf
11.663 0 Td
(Id.)Tj
/TT0 1 Tf
-11.663 -2.125 Td
(Applicant was married in the United States in 1992. )Tj
20.996 0 Td
(Ex. 1 at 4. )Tj
4.333 0 Td
(His wife was also born in Taiwan but is now a)Tj
-25.328 -1.125 Td
(naturalized citizen of the United States. )Tj
/TT1 1 Tf
16.022 0 Td
(Id.)Tj
/TT0 1 Tf
( )Tj
(Applicant's wife is an actuary for the Department of Defense. )Tj
26.143 0 Td
(Tr. at 25.)Tj
-42.165 -1.125 Td
(Applicant has a 6-year-old son, born in the United States. )Tj
23.217 0 Td
(Tr. at 24-25.)Tj
-23.217 -2.125 Td
(Applicant's wife has a brother who is a computer engineer. )Tj
23.756 0 Td
(Tr. at 32. )Tj
3.916 0 Td
(He is also a naturalized citizen and resident of the)Tj
-27.671 -1.125 Td
(United States. )Tj
/TT1 1 Tf
5.86 0 Td
(Id.)Tj
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