[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references to statutes which have been repealed, or contain inaccurate 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