Finally, those contemplating a renunciation of U.S. citizenship should understand that renunciation is irrevocable, except as provided in Section 351 of the Immigration and Nationality Act, and cannot be cancelled or set aside absent successful administrative or judicial appeal.

IMMIGRATION AND NATIONALITY ACT

CHAPTER 3-LOSS OF NATIONALITY

LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN

SEC. 349. [8 U.S.C. 1481] (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality

(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or

((3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or

(4)(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of an foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or

(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code, or willfully performing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

[Former subsection (b) was stricken by § 19(1) of Pub. L. 99–653 (Nov. 14, 1986, 100 Stat. 3658).]

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after the enactment of this subsection under, or by virtue of, the provisions of this or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.

[SEC. 350. Repealed.]

RESTRICTIONS ON EXPATRIATION 269

SEC. 351. [8 U.S.C. 1483] (a) Except as provided in paragraphs (6) and (7) section 349(a) of this title, no national of the United States can expatriate himself, or be

269 Section 1999 of the Revised Statutes of the United States (8 U.S.C. 1481 note) provides as follows: "Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and where

expatriated, under this Act while within the United States or any of its outlying possessions, but expatriation shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in this chapter if and when the national thereafter takes up a residence outside the United States and its outlying possessions.

(b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have expatriated himself by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of section 349(a) of this title.

[Sections 352 to 355. Repealed.]

NATIONALITY LOST SOLELY FROM PERFORMANCE OF ACTS OR FULFILLMENT OF

CONDITIONS

SEC. 356. [8 U.S.C. 1488] The loss of nationality under this chapter shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this chapter.

APPLICATION OF TREATIES; EXCEPTIONS

SEC. 357 [8 U.S.C. 1489] Nothing in this title shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwithstanding the provisions of any existing treaty or convention.

CHAPTER 4-MISCELLANEOUS

CERTIFICATE OF DIPLOMATIC OR CONSULAR OFFICER OF THE UNITED STATES AS TO LOSS OF AMERICAN NATIONALITY UNDER CHAPTER IV, NATIONALITY ACT OF 1940, OR UNDER CHAPTER 3 OF THIS TITLE

SEC. 358. [8 U.S.C. 1501] Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationally under any provision of chapter 3 of this title, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates.

CERTIFICATE OF NATIONALITY TO BE ISSUED BY THE SECRETARY OF STATE FOR A PERSON NOT A NATURALIZED CITIZEN OF THE UNITED STATES FOR USE IN PROCEEDINGS OF A FOREIGN STATE

SEC. 359. [8 U.S.C. 1502] The Secretary of State is hereby authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings in a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the judicial or administrative officers of the foreign state in which it is to be used.

as in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.".

PROCEEDINGS FOR DECLARATION OF UNITED STATES NATIONALITY IN THE EVENT OF DENIAL OF RIGHTS AND PRIVILEGES AS NATIONAL

SEC. 360 [8 U.S.C. 1503] (a) If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of section 2201 of title 28, United States Code, against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a national of the United States (1) arose by reason of or in connection with any exclusion proceeding under the provisions of this or any other act, or (2) is in issue in any such exclusion proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the district in which such person resides or claims a residence, and jurisdiction over such officials in such cases is hereby conferred upon those courts.

(b) If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Secretary of State shall prescribe rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent.

(c) A person who has been issued a certificate of identity under the provisions of subsection (b), and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this Act relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this section who is finally excluded from admission to the United States shall be subject to all the provisions of this Act relating to aliens seeking admission to the United States.

FUNCTIONS OF U.S. CONSULS ABROAD

U.S. consular officers are located at U.S. embassies and consulates in most countries overseas. They are available to advise and help American citizens abroad, especially if they are in any kind of serious trouble. This includes, for example, arrests, medical and financial emergencies and missing persons and death cases. Consuls are responsive to the needs of U.S. citizens traveling or residing abroad. However, they must devote most of their time and energies on a priority basis to those Americans who are experiencing serious legal, medical, or financial difficulties. Consuls also provide non-emergency services such as information on absentee voting, Selective Service registration, "travel advisories" and acquisition and loss of U.S. citizenship. They can arrange for the transfer of social security and other benefits to beneficiaries residing abroad; provide U.S. tax forms and notarize documents. Consuls can also assist in serving process upon overseas defendants in Federal criminal cases, obtain evidence abroad for use in litigation in the United States, advise on child custody matters, property claims, how to obtain foreign public documents and act as provisional conservators in the estates of deceased Americans abroad.

A consular officer can not conduct an investigation, arrest the perpetrator of a crime against a U.S. citizen, locate stolen property, or act as an attorney, agent or in a fiduciary capacity on behalf of a U.S. citizen who is the victim of a crime. A consular officer can, however, ensure that a citizen receives available medical care and provide subsistence, when appropriate, until financial assistance can be transmitted by the injured party's family or friends through the Office of Overseas Citizens Services of the Department of State. In addition, the consul can issue a replacement passport, when necessary, upon verification of the party's citizenship and identity. Further, acting as liaison with the local police department, the consul can keep citizens informed as to the progress of any police investigation into crimes against them and advise injured parties of the need to return to the foreign country to testify at any future trial, usually at the expense of the host government.

TAB 4

THE ROLE OF THE BUREAU OF CONSULAR AFFAIRS WITHIN THE DEPARTMENT OF STATE

The Department of State advises the President in the formulation and execution of foreign policy. The Department determines and analyzes the facts relating to American overseas interests, makes recommendations on policy and future action, and takes the necessary steps to carry out established policy. In so doing, the Department engages in continuous consultations with the American public, the Congress, other U.S. departments and agencies, and foreign governments. The Department also negotiates treaties and agreements with foreign nations. The United States maintains some 250 embassies, consulates and missions which implement U.S. policy abroad.

The Department of State is divided into 19 bureaus, each headed by an Assistant Secretary of State. There are five geographic bureaus that are responsible for U.S. foreign relations in the major regions of the world. Responsibilities of the other 14 functional bureaus cross geographic lines.

Bureau of Consular Affairs

The Bureau of Consular Affairs, under the direction of the Assistant Secretary, is a functional bureau which administers and enforces the provisions of the immigration and nationality laws as they concern the Department and the Foreign Service. The Bureau is also responsible for the protection and welfare of American citizens and interests abroad, passport issuance, visas and related services.

Consular officers in the Department and at embassies and consulates abroad provide a wide range of services for Americans. Consular officers abroad, with guidance and assistance from the Department, advise and help American citizens, especially in crises such as arrests, medical and financial emergencies, missing persons, and deaths. Consular officers devote much of their time and energies to assist those Americans who experience serious legal, medical, or financial difficulties. They often act as provisional conservator of the estates of deceased Americans abroad.

Consular officers also provide information on absentee voting, Selective Service registration, and acquisition and loss of U.S. citizenship. They can arrange for the transfer of social security and other benefits to Americans residing abroad, provide U.S. tax forms and notarize documents. Consuls serve process upon overseas defendants in Federal criminal cases and obtain evidence abroad for use in U.S. courts. They assist citizens in obtaining available medical care and may provide interim subsistence pending receipt of financial assistance from family or friends. While consular officers are prohibited from conducting an investigation, arresting individuals, or acting as an attorney, agent or in a fiduciary capacity on behalf of U.S. citizens abroad, they do assist Americans in obtaining these services.