[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 Obsolete sections containing references to statutes which have been repealed, or contain inaccurate information, will be deleted.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: ------------------------------------------------------------------------ Section Add ------------------------------------------------------------------------ 50.20(a)(1)............................... ``a''. 50.20(a)(2)............................... ``the person's''. 50.40(d).................................. ``the person''. ------------------------------------------------------------------------ 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