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ings under this Act than the fees and moneys specified in such Act. (54 Stat. 1167; 8 U.S.C. 746.)

EMBEZZLING OF NATURALIZATION FEES BY CLERK OF NATURALIZATION

COURT, OR OTHER PERSON (34) Willfully to neglect to render true accounts of moneys received by any clerk of a naturalization court or such clerk's assistant or any other person under this Act or willfully to neglect to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, which neglect shall constitute embezzlement of the public moneys. (54 Stat. 1167; 8 U. S. C. 746.)

PENAL PROVISIONS APPLICABLE TO COPIES AND DUPLICATES OP

DOCUMENTS AS WELL AS TO ORIGINALS (b) The provisions of this section shall apply to copies and duplicates of certificates of arrival, of declarations of intention, of certificates of naturalization, of certificates of citizenship, and of other documents required or authorized by the naturalization laws and citizenship laws as well as to the originals of such certificates of arrival, declarations of intention, certificates of naturalization, certificates of citizenship, and other documents, whether issued by any court or by the Commissioner or a Deputy Commissioner. (54 Stat. 1167; 8 Ŭ. S. C. 746.) PENAL PROVISIONS APPLICABLE TO PROCEEDINGS IN COURTS REGARDLESS

OF WHETHER VESTED WITH NATURALIZATION JURISDICTION (c) The provisions of this section shall apply to all proceedings had or taken or attempted to be had or taken, before any court specified in subsection (a) of section 301, or any court, in which proceedings for naturalization may have been or may be commenced or attempted to be commenced, and whether or not such court at the time such proceedings were had or taken was vested by law with jurisdiction in naturalization proceedings. (54 Stat. 1167; 8 U.S. C. 746.)

PENALTY; FINE, OR IMPRISONMENT, OR BOTH (a) Any person violating any provision of subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than five years, or both. (54 Stat. 1167; 8 U. S. C. 746.)

PENALTIES FOR NEGLECT OR REFUSAL TO ANSWER SUBPENA (e) Any person who has been subpenaed under the provisions of subsection (d) of section 309 to appear on the final hearing of a petition for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be subject to the penalties prescribed by subsection (d) of this section. (54 Stat. 1167; 8 U. S. C. 746.) PENALTY FOR AVOIDANCE OF PAYMENT OF POSTAGE OR REGISTRY FEE

ON PRIVATE MAIL MATTER (f) If any person shall use the endorsement "Official Business" authorized by section 343 to avoid payment of postage or registry fee on a private letter, package, or other matter in the mail, such person shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any court of competent jurisdiction. (54 Stat. 1167; 8 U.S. C. 746.)

STATUTE OF LIMITATIONS, FIVE YEARS (g) No person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act unless the indictment is found or the information is filed within five years next after the commission of such crime. (54 Stat. 1167; 8 U. S. C. 746.) PRIOR CRIMINAL LAWS CONTINUED IN EFFECT FOR PROSECUTION OF

PRIOR OFFENSES (h) For the purpose of the prosecution of all crimes and offenses against the naturalization or citizenship laws of the United States which may have been committed prior to the date when this Act shall go into effect, the existing naturalization and citizenship laws shall remain in full force and effect. (54 Stat. 1168; 8 U. s. C. 746.) ADMISSIBILITY IN EVIDENCE OF TESTIMONY AS TO STATEMENTS VOLUN

TARILY MADE TO OFFICERS OR EMPLOYEES IN THE COURSE OF THEIR OFFICIAL DUTIES

(i) It shall be lawful and admissible as evidence in any proceedings founded under this Act, or any of the penal or criminal provisions of the immigration, naturalization or citizenship laws, for any officer or employee of the United States to render testimony as to any statement voluntarily made to such officer or employee in the course of the performance of the official duties of such officer or employee by any defendant at the time of or subsequent to the alleged commission of any crime or offense referred to in this section which may tend to show that such defendant did not or could not have had knowledge of any matter concerning which such defendant is shown to have made affidavit, or oath, or to have been a witness pursuant to such law or laws. (54 Stat. 1168; 8 U. S. C. 746.) AVIL PENALTIES AGAINST CLERKS OF NATURALIZATION COURTS FOR

REFUSAL OR NEGLECT OF DUTY (j) In case any clerk of court shall refuse or neglect to comply with any of the provisions of section 337 (a), (b), (c), or (a), such clerk of court shall forfeit and pay to the United States the sum of $25 in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. (54 Stat. 1168; 8 U.S. C. 746.) CIVIL PENALTIES AGAINST CLERKS OF NATURALIZATION COURTS FOR

FAILURE TO ACCOUNT FOR CERTIFICATES OF NATURALIZATION (k) If any clerk of court shall fail to return to the Service or properly account for any certificate of naturalization furnished by the Service as provided in subsection (e) of section 337, such clerk of court shall be liable to the United States in the sum of $50, to be recovered in an action of debt, for each and every such certificate not properly accounted for or returned. (54 Stat. 1168; 8 U.S. C. 746.)

CERTAIN PENAL PROVISIONS APPLICABLE TO REGISTRY PROCEEDINGS

AUTHORIZED BY SECTION 328, NATIONALITY ACT OF 1940 (1) The provisions of subsections (a), (b), (d), (g), (h), and (i) of this section shall apply in respect of the application for and the record of registry authorized by section 828, in the same manner and to the same extent, including penalties, as they apply in any naturalization or citizenship proceeding or any other proceeding under section 346. (54 Stat. 1168;8 U.S. C. 746.)

SAVING CLAUSES VALIDITY OF CERTAIN DOCUMENTS AND PROCEEDINGS NOT AFFECTED

Sbo. 347. (a) Nothing contained in either chapter III or in chapter V of this Act, unless otherwise provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization or of citizenship, or other document or proceeding which shall be valid at the time this Act shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any act, thing, or matter, civil or criminal, done or existing, at the time this Act shall take effect; but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the statutes or parts of statutes repealed by this Act, are hereby continued in force and effect. (54 Stat. 1168; 8 U. S. C. 747.)

PERIOD OF TWO YEARS ALLOWED FOR HEARING AND DETERMINATION OF

PETITIONS FOR NATURALIZATION PENDING UPON EFFECTIVE DATE OF NATIONALITY ACT OF 1940

(b) Any petition for naturalization heretofore filed which may be pending at the time this Act shall take effect shall be heard and determined within two years thereafter in accordance with the requirements of law in effect when such petition wes filed. (54 Stat. 1168; 8 U.S.C. 747.)

CHAPTER IV-LOSS OF NATIONALITY Seo. 401. A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: (54 Stat. 1168; 8.U.S. C. 801.)

BY NATURALIZATION IN A FOREIGN STATE UPON ONE'S OWN APPLICATION

OR THROUGH A PARENT; EXPATRIATION THROUGH PARENTAGE NOT EFFECTIVE UNTIL CHILD TWENTY-THREE YEARS OLD; CERTAIN PERSONS ALLOWED TWO YEARS FROM JANUARY 13, 1941, TO ELECT AMERICAN CITIZENSHIP BY RETURNING TO THE UNITED STATES FOR PERMANENT RESIDENCE

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twenty-three years without acquiring permanent residence in the United States: Provided further, That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of this Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship; or (54 Stat. 1168--1169; 8 U.S. C. 801.)

BY OATH OR AFFIRMATION OR OTHER DECLARATION OF ALLEGIANCE TO A

FOREIGN STATE (b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or (54 Stat. 1169; 8 U.S. C. 801.)

BY ENTERING OR SERVING IN THE ARMED FORCES OP Á FOREIGN STATE

(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or (54 Stat. 1169;8 U.S. C. 801.)

BY ACCEPTING OR PERFORMING DUTIES UNDER A FOREIGN STATE

(d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or (54 Stat. 1169; 8 U. S. C. 801.)

BY VOTING IN A FOREIGN POLITICAL ELECTION OR PLEBISCITE (e) Voting in a political election in a foregn state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or (54 Stat. 1169; 8 U. S. C. 801.) BY MAKING FORMAL RENUNCIATION BEFORE A DIPLOMATIC OR CONSULAR

OFFICER OF THE UNITED STATES (f) Making a formal renuncation 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 (54 Stat. 1169; 8 U. Š. C. 801.)

BY DESERTING THE UNITED STATES MILITARY OR NAVAL SERVICE IN TIME

OF WAR (g) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court martial and as the result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces: Provided, That notwithstanding loss of nationality or citizenship or civil or political rights under the terms of this or previous Acts by reason of desertion committed in time of war, restoration to active duty with such military or naval forces in time of war or the reenlistment or induction of such a person in time of war with permission of competent military or naval authority, prior or subsequent to the effective date of this Act, shall be deemed to have the immediate effect of restoring such nationality or citizenship and all civil and political rights heretofore or hereafter so lost and of removing all civil and political disabilities resulting therefrom; or (54 Stat. 1169, Public Law 221, 78th Congress; Chapter 2, 2d Session; 8 U. S. C. 801.) 14

BY COMMITTING TREASON AGAINST, OR ATTEMPTING BY FORCE TO OVER.

THROW, OR BEARING ARMS AGAINST THE UNITED STATES (h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction. (54 Stat. 1169; 8 U. S. C. 801.)

PRESUMPTION OF EXPATRIATION THROUGH REMAINING SIX MONTHS OR LONGER WITHIN FOREIGN STATE OF NATIONALITY; METHOD OF OVERCOMING PRESUMPTION; EXCEPTIONS

SEO. 402. A national of the United States who was born in the United States or who was born in any place outside of the jurisdiction of the United States of a parent who was born in the United States, shall be presumed to have expatriated himself under subsection (c) or (d) of secton 401, when he shall remain for six months or longer within any foreign state of which he or either of his parents shall have been a national according to the laws of such foreign state, or within any place under control of such foreign state, and such presumption shall exist until overcome whether or not the individual has returned to the United States. Such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, or to an immigration officer of the United States, under such rules and regulations as the Department of State and the Department of Justice jointly prescribe. However, no such presumption shall arise with respect to any officer or employee of the United States while serving abroad as such officer or employee, nor to any accompanying member of his family. (54 Stat. 1169; 8 U. S. C. 802.)

EXPATRIATION PROHIBITED WITHIN THE UNITED STATES OR ITS POSSESSIONS;

EXPATRIATION EFFECTIVE, HOWEVER, IF NATIONAL, AFTER PERFORMING CERTAIN ACTS, TAKES UP RESIDENCE ABROAD

Sec. 403. (a) Except as provided in subsections (g) and (h) of section 401, no national can expatriate himself, or be expatriated, under this section 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 section if and when the national thereafter takes up a residence abroad. (54 Stat. 1169–1170; 8 U.S. C. 803.)

* Prior to its amendment by the Act of Jan. 20, 1944, p. 414, $ 401 (g) read : "(g) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court martial;

For authority to enlist deserters in the naval forces in time of war see Act of Jan. 20, 1944.

See also proclamation of March 5, 1924 (43 Stat. 1940), p. 601, granting amnesty to certain deserters of the armed forces of the United States.

For other provisions for loss of citizenship for desertion see Act of March 3, 1865 (8 USC 12), P. 452, and Act of March 3, 1865, as amended by Act of Aug. 22, 1912 (sec. 1, Act of Aug. 22, 1912, 37 Stat. 356; 8 U. S. C. 11), pp. 452 and 504.

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