[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29651-29653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13402]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 50
[Public Notice 2383]
Nationality Procedures
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: The Bureau of Consular Affairs is amending its regulations
concerning Nationality Procedures. Obsolete sections containing
references to statutes which have been repealed, or contain inaccurate
information, will be deleted. Several sections are being added which
address recently enacted laws. Current State Department policies
regarding loss of citizenship/nationality are added. These amendments,
as general statements of longstanding State Department policy, are
published as final rules.
EFFECTIVE DATE: May 22, 1996.
ADDRESSES: Interested persons are invited to submit any questions to
the Director of Policy Review and Interagency Liaison, Overseas
Citizens Services, Bureau of Consular Affairs, Room 4811, U.S.
Department of State, Washington, DC 20520; Fax: (202) 647-6201.
FOR FURTHER INFORMATION CONTACT: Carmen A. DiPlacido, or Michael
Meszaros, Overseas Citizens Services, Department of State, 202-647-3666
or 202-647-4994.
SUPPLEMENTARY INFORMATION: This proposed rule implements changes which
have occurred in State Department policy regarding nationality
procedures and as a result of recent amendments to the Immigration and
Nationality Act (INA). (Pub. L. 103-416, 108 Stat. 4308, 10/25/94). It
also removes obsolete provisions from subpart B and subpart C of part
50 Nationality Procedures.
Loss of Nationality/Citizenship
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481)
states that U.S. nationals are subject to loss of nationality if they
perform certain acts voluntarily and with the intention of
relinquishing U.S. nationality. (Note that for purposes of determining
loss of nationality the words citizenship and nationality are
synonymous.) These potentially expatriating acts include: (1) Obtaining
naturalization in a foreign state; (2) taking an oath, affirmation or
other formal declaration to a foreign state or its political
subdivisions; (3) entering or serving in the armed forces of a foreign
state engaged in hostilities against the United States or serving as a
commissioned or non-commissioned officer in the armed forces of a
foreign state; (4) accepting employment with a foreign government if
(a) one has the nationality of that foreign state or (b) a declaration
of allegiance is required in accepting the position; (5) formally
renouncing U.S. citizenship before a U.S. consular officer outside the
United States; (6) formally renouncing U.S. citizenship within the
United States (but only ``in time of war''); and (7) conviction for an
act of treason.
In 1990, the Bureau of Consular Affairs adopted an administrative
presumption in determining whether or not a U.S. citizen has performed
a potentially expatriating act with the intention of relinquishing U.S.
nationality in three classes of loss of citizenship cases.
Specifically, when a U.S. citizen obtains naturalization in a foreign
state, subscribes to routine declarations of allegiance to a foreign
state, or accepts non-policy level employment with a foreign state, the
intent to retain U.S. nationality will be presumed. U.S. citizens who
naturalize in a foreign country; take a routine oath of allegiance; or
accept non-policy level employment with a foreign government need not,
therefore, submit evidence of their intent to retain U.S. nationality.
A person who affirmatively asserts to a consular officer after he or
she has committed a potentially expatriating act that it was his or her
intention to relinquish U.S. citizenship will, however, lose his or her
U.S. citizenship. In all other loss of nationality cases, the consular
officer will ascertain whether or not there is evidence of intent to
relinquish U.S. nationality.
Retroactive Application of the Administrative Presumption in Certain
Loss of Nationality/Citizenship Cases
Persons who previously were held to have lost citizenship are
provided the
[[Page 29652]]
opportunity to regain their U.S. citizenship. Citizenship will be
reinstated if, at the time the loss of nationality was determined, the
person did not attest in writing that it was his/her intention to
relinquish U.S. citizenship. The Department of State's Office of
Overseas Citizens Services will administratively review all cases
submitted to it, even cases which previously were before the Department
of State's Board of Appellate Review (L/BAR). Claimants need not be
represented by an attorney. Individual claims may be submitted to the
following address: Department of State, Bureau of Consular Affairs,
Office of Policy Review and Interagency Liaison, Overseas Citizens
Services, 2201 C Street NW., Washington, DC 20520-4817.
Statutory Changes
Section 324(d) INA: Section 324 of the INA has been amended to
allow former U.S. citizens who lost their nationality due to
noncompliance with U.S. residency requirements under the 1940
Nationality Act or the 1952 Immigration and Nationality Act, to regain
citizenship by taking a specific oath of allegiance. Section 324(d)
applies to persons born between May 24, 1934 and December 24, 1952.
Former U.S. citizens may take the oath of allegiance as provided in
section 324(d) if they are not otherwise ineligible under section 313
INA for advocating totalitarian forms of government. Persons qualifying
regain U.S. citizenship as of the date the oath is taken but not
retroactively to the date upon which it was lost. Because this
amendment does not restore citizenship, persons subject to section
324(d) will be unable to transmit citizenship to their children born
during the period between loss and resumption of U.S. citizenship.
Persons eligible to take advantage of this provision may do so before
the officers of the Immigration and Naturalization Service (INS) or
U.S. consular officers abroad. The amendments to section 324 became
effective on March 1, 1995.
The Department supported this legislation because it eliminates the
need to adjudicate the three complicated affirmative defenses of
unawareness, impossibility of performance, and misinformation as
defenses to failure to fulfill retention requirements. The Department
notes that these affirmative defenses may still be relied upon for
citizenship retention purposes.
Section 340(d) INA: Section 340(d) of the Immigration and
Nationality Act has been repealed by section 104(b) of the Immigration
and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416, 108
Stat. 4308, 10/25/94). Section 340(d) provided that any naturalized
citizen who, within one year of naturalization, returned to his or her
native country, or to any other foreign country, and took up permanent
residence there, could have his or her certificate of naturalization
revoked by a court.
Section 350 INA: Section 350 of the Immigration and Nationality Act
was repealed by Section One of the Immigration and Nationality
Technical Corrections Act of 1978 (Pub. L. 95-432, 92 Stat. 1046, 10/
10/78). Section 350 had provided that any person born as a dual
national who sought any benefit from any foreign country, lost U.S.
citizenship if he or she was over the age of 21 and had resided in the
country of his or her other nationality for 3 years. ``Benefits'' was
defined broadly to include the use of a foreign passport, the holding
of an identification card issued by a foreign state or the obtaining of
a special license or scholarship available only to nationals of the
foreign state. Persons who previously were held to have lost
citizenship under Section 350 INA may have their citizenship reinstated
if they can show that they did not intend to relinquish U.S.
citizenship.
These regulations are not expected to have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act, 5 U.S.C. 605(b). In addition, they will
not impose information collection requirements under the provisions of
the Paperwork Reduction Act of 1980 44 U.S.C. Chapter 35. Nor do these
final rules have federalism implications warranting the preparation of
a Federalism Assessment in accordance with E.O. 12612. These final
rules have been reviewed as required by E.O. 12778 and certified to be
in compliance therewith. These rules are not exempt from review under
E.O. 12866 but have been reviewed and found to be consistent with the
objectives thereof. Pursuant to 5 U.S.C. Section 553(b)(A), these rules
are general statements of previously implemented policy not subject to
the general notice requirement of 5 U.S.C. Section 553(b).
List of Subjects in 22 CFR Part 50
Nationality Procedures.
For the reasons set out in the preamble, 22 CFR Part 50 is amended
as follows:
PART 50--[AMENDED]
Subpart B--Retention and Resumption of Nationality
1. The authority citation for 22 CFR Part 50 continues to read as
follows:
Authority: Sec. 4, 63 Stat. 111, as amended, secs. 104, 360, 66
Stat. 174, 273; 22 U.S.C. 2658, 8 U.S.C. 1104, 1503.
Sec. 50.20 [Amended]
1A. Section 50.20(a) is removed; Sec. 50.20(b) is redesignated as
Sec. 50.20(a).
* * * * *
Sec. 50.30 [Amended]
2. Section 50.30(d) is added to read as follows:
* * * * *
(d) Section 324(d)(1) of the Immigration and Nationality Act. (1) A
former citizen of the United States who did not retain U.S. citizenship
by failure to fulfill residency requirements as set out in Section
201(g) of the 1940 Nationality Act or former 301(b) of the 1952
Immigration and Nationality Act, may regain his/her U.S. citizenship
pursuant to Section 324(d) INA, by applying abroad at a diplomatic or
consular post, or in the U.S. at any Immigration and Naturalization
Service office in the form and manner prescribed by the Department of
State and the Immigration and Naturalization Service (INS).
(2) The applicant shall submit documentary evidence to establish
eligibility to take the oath of allegiance, which includes proof of
birth abroad to a U.S. citizen parent between May 24, 1934 and December
24, 1952. If the diplomatic, consular, INS, or passport officer
determines that the applicant is ineligible to regain citizenship under
section 313 INA, the oath shall not be administered.
Subpart C--Loss of Nationality
Sec. 50.40 [Removed]
3. Section 50.40 is removed.
Sec. 50.41 [Redesignated as Sec. 50.40 and amended]
4. Section 50.41 is redesignated as Sec. 50.40 and in redesignated
Sec. 50.40, paragraphs (a), (b), (c), and (d) are redesignated as
paragraphs (c), (d), (b) and (e); paragraph (a) is added; and newly
redesignated paragraph (b) is revised to read as follows:
(a) Administrative presumption. In adjudicating potentially
expatriating acts pursuant to INA 349(a), the Department has adopted an
administrative presumption regarding certain acts and the intent to
commit them. U.S. evidence of intent to retain
[[Page 29653]]
U.S. nationality. In these three classes of cases, intent to retain
U.S. citizenship will be presumed. A person who affirmatively asserts
to a consular officer, after he or she has committed a potentially
expatriating act, that it was his or her intent to relinquish U.S.
citizenship will lose his or her U.S. citizenship. In other loss of
nationality cases, the consular officer will ascertain whether or not
there is evidence of intent to relinquish U.S. nationality.
(b) Whenever a person admits that he or she had the intent to
relinquish citizenship by the voluntary and intentional performance of
one of the acts specified in Section 349(a) of the Immigration and
Nationality Act, and the person consents to the execution of an
affidavit to that effect, the diplomatic or consular officer shall
attach such affidavit to the certificate of loss of nationality.
* * * * *
Sec. 50.42 [Removed]
5. Section 50.42 is removed.
6. Section 50.50 is amended by revising the first sentence to read
as follows:
Sec. 50.50 Renunciation of nationality.
(a) A person desiring to renounce U.S. nationality under section
349(a)(5) of the Immigration and Nationality Act shall appear before a
diplomatic or consular officer of the United States in the manner and
form prescribed by the Department. * * *
Sec. 50.51 [Removed]
7. Section 50.51 is removed.
Sec. 50.52 [Redesignated as Sec. 50.51]
8. Section 50.52 is redesignated as Sec. 50.51.
Secs. 50.20 and 50.40 [Amended]
9. Sections 50.20(a), 50.20(a)(2), 50.40(b) and 50.40(d) are
amended by removing the words ``his'' and ``he'' as applicable, and
adding the words listed below:
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Section Add
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50.20(a)(1)............................... ``a''.
50.20(a)(2)............................... ``the person's''.
50.40(d).................................. ``the person''.
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Dated: April 30, 1996.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-13402 Filed 6-11-96; 8:45 am]
BILLING CODE 4710-06-M
