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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 OF A 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 diplo matic 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 OVERTHROW, 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

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SEC. 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;

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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.

EXPATRIATION OF CERTAIN NATIONALS PROHIBITED WHILE UNDER EIGHTEEN YEARS OF AGE

(b) No national under eighteen years of age can expatriate himself under subsections (b) to (g), inclusive, of section 401. (54 Stat. 1170; 8 U. S. C. 803.)

LOSS OF NATIONALITY BY NATURALIZED NATIONAL

SEC. 404. A person who has become a national by naturalization shall lose his nationality by: (54 Stat. 1170; 8 U. S. C. 804.)

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RESIDENCE FOR TWO YEARS IN FOREIGN STATE OF BIRTH OR FORMER

NATIONALITY

(a) Residing for at least two years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, if he acquires through such residence the nationality of such foreign state by operation of the law thereof; or (54 Stat. 1170; 8 U. S. C. 804.)

RESIDENCE CONTINUOUSLY FOR THREE YEARS IN STATE OF BIRTH OR FORMER NATIONALITY

(b) Residing continuously for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated, except as provided in section 406 hereof. (54 Stat. 1170; 8 U. S. C. 804.)

RESIDENCE CONTINUOUSLY FOR FIVE YEARS IN ANY FOREIGN STATE OTHER THAN THAT OF BIRTH OK NATIONALITY; EXCEPTIONS

(c) Residing continuously for five years in any other foreign state, except as provided in section 406 hereof. (54 Stat. 1170; 8 U.S. C. 804.)

SECTION 404 NOT EFFECTIVE AS TO CERTAIN PERSONS

SEO. 405. Section 404 shall have no application to a person: (54 Stat. 1170; 8 U. S. C. 805.)

PERSON RESIDING ABROAD IN THE EMPLOYMENT OF THE UNITED STATES

GOVERNMENT

(a) Who resides abroad in the employment and under the orders of the Government of the United States; (54 Stat. 1170; 8 U. S. C. 805.)

PERSON RESIDING ABROAD ON ACCOUNT OF DISABILITY AND RECEIVING COMPENSATION FROM THE UNITED STATES GOVERNMENT

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service. (54 Stat. 1170; 8 U. S. C. 805.)

SECTION 404 (b) AND (c) NOT EFFECTIVE AS TO CERTAIN PERSONS

SEC. 406. Subsections (b) and (c) of section 404 shall have no application to a person: (54 Stat. 1170; 8 U. S. C. 806.)

PERSON SIXTY-FIVE YEARS OLD AND RESIDENT OF THE UNITED STATES FOR TWENTY-FIVE YEARS SUBSEQUENT TO NATURALIZATION

(a) Who shall have resided in the United States not less than twenty-five years subsequent to his naturalization and shall have

attained the age of sixty-five years when the foreign residence is established; (54 Stat. 1170; 8 U. S. C. 806.)

PERSON RESIDING ABROAD IN BEHALF OF CERTAIN ORGANIZATIONS

(b) Who is residing abroad upon the date of the approval of this Act, or who is thereafter sent abroad, and resides abroad. temporarily solely or principally to represent a bona fide American educational, scientific, philanthropic, religious, commercial, financial, or business organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation; (54 Stat. 1170; 8 U. S. C. 806.)

PERSON RESIDING ABROAD ON ACCOUNT OF ILL HEALTH

(c) Who is residing abroad on account of ill health; (54 Stat. 1170; 8 U. S. C. 806.)

PERSON RESIDING ABROAD TO PURSUE SPECIALIZED STUDIES OR ATTEND INSTITUTION OF LEARNING

(d) Who is residing abroad for the purpose of pursuing studies of a specialized character or attending an institution of learning of a grade above that of a preparatory school, provided that such residence does not exceed five years; (54 Stat. 1170; 8 U. S. C. 806.)

CERTAIN RELATIVES RESIDING ABROAD WITH AMERICAN CITIZEN SPOUSE OR PARENT

(e) Who is the wife, husband, or child under twenty-one years of age of, and is residing abroad for the purpose of being with, an American citizen spouse or parent who is residing abroad for one of the objects or causes specified in section 405 or subsections (a), (b), (c), or (d) hereof; (54 Stat. 1170; 8 U. S. C. 806.)

PERSON WITH AMERICAN NATIONALITY ORIGINALLY WHO LOST IT THROUGH MARRIAGE TO ALIEN

(f) Who was born in the United States or one of its outlying possessions, who originally had American nationality, and who, after having lost such nationality through marriage to an alien, reacquired it. (54 Stat. 1170; 8 U. S. C. 806.)

(g) Who is the wife, husband, or child under twenty-one years of age of, and is residing abroad for the purpose of being with a spouse or parent who is an American national by birth and such spouse or parent during minority for a period or periods totaling ten years has resided in the United States. (56 Stat. 1043; 8 U. S. C. 806.) 15

(h) Who is a veteran of the Spanish-American War, or of the World War, his wife, minor children, or dependent parents. (56 Stat. 1085; 8 U. S. C. 806.) 16

15 Section (g) added by the Act of Dec. 8, 1942. 16 Section (h) added by the Act of Dec. 24, 1942.

LOSS OF MINOR'S AMERICAN NATIONALITY THROUGH PARENT'S EXPATRIATION; NOT EFFECTIVE UNTIL CHILD ATTAINS AGE OF TWENTY-THREE YEARS

SEC. 407. A person having American nationality, who is a minor and is residing in a foreign state with or under the legal custody of a parent who loses American nationality under section 404 of this Act, shall at the same time lose his American nationality if such minor has or acquires the nationality of such foreign state: Provided, That, in such case, American nationality shall not be lost as the result of loss of American nationality by the parent unless and until the child attains the age of twenty-three years without having acquired permanent residence in the United States. (54 Stat. 1170-1171; 8 U.S. C. 807.)

NATIONALITY LOST UNDER NATIONALITY ACT OF 1940 SOLELY FROM PERFORMANCE OF ACTS OR FULFILLMENT OF CONDITIONS

SEC. 408. The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act. (54 Stat. 1171; 8 U. S. C. 808.)

EFFECTIVE date of LOSS OF NATIONALITY UNDER SECTION 404 OR 407 OF THE NATIONALITY ACT OF 1940 POSTPONED UNTIL OCTOBER 14, 1942, PRESUMPTION OF CESSATION OF AMERICAN CITIZENSHIP UNDER ACT OF MARCH 2, 1907

17

SEC. 409. Nationality shall not be lost under the provisions of section 404 or 407 of this Act until the expiration of four years following the date of the approval of this Act: Provided, however, That a naturalized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect immediately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of four years 17 following the date of the approval of this Act unless it is overcome during such period. (54 Stat. 1171; 55 Stat. 743; 56 Stat. 779; 8 U. S. Č. 809.)

NO TREATY OR CONVENTION TO WHICH THE UNITED STATES IS A PARTY ON JANUARY 13, 1941, TO BE CONTRAVENED BY THE NATIONALITY ACT OF 1940

SEC. 410. Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act. (54 Stat. 1171; 8 U. S. C. 810.)

CHAPTER V-MISCELLANEOUS

CERTIFICATE OF DIPLOMATIC OR CONSULAR OFFICER OF THE UNITED STATES AS TO LOSS OF AMERICAN NATIONALITY UNDER CHAPTER IV, NATIONALITY ACT OF 1940; COPY OF CERTIFICATE TO BE FORWARDED TO THE DEPARTMENT OF JUSTICE, AND TO THE PERSON TO WHOM IT RELATES

SEC. 501. 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 American nationality under any provision of

17 Originally read "one year," changed to "two years" by the Act of Oct. 16, 1941, and to "four years" by the Act of Oct. 9. 1942.

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