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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 (ğ), 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.) 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 OR 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: (64 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 order 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 Ŭ. 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 RÉSIDING 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 Ü. 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.) 16

(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. Ş. C. 806.) 16

Section (g) added by the Act of Dec. 8, 1942. 38 Section (h) added by the Act of Dec. 24, 1942.

LOSS OF MINOR'S AMERICAN NATIONALITY THROUGH PARENT'S EXPATRIA

TION; 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 OP MARCH 2, 1907

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. C. 809.)

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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 DEPART. MENT 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 chapter IV of this Act, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations to be 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 Department of Justice, for its 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. (54 Stat. 1171; 8 U. S. C. 901.)

* 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.

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. 502. 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 à 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 of 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. (54 Stat. 1171; 8 U.S. C. 902.)

DENIAL OF RIGHT OR PRIVILEGE BY REPRESENTATIVE OF THE UNITED STATES TO ALLEGED NATIONAL OF THE UNITED STATES; ACTION AGAINST THE UNITED STATES IN UNITED STATES DISTRICT COURT FOR NATIONALITY JUDGMENT; CERTIFICATE OF IDENTITY IF CLAIM OF NATIONALITY MADE IN GOOD FAITH AND ON SUBSTANTIAL BASIS; DEPORTABILITY IF JUDGMENT AGAINST ALLEGED NATIONAL

SEC. 503. If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United States. If such person is outside the United States and shall have instituted such an action in court, he may, upon submission of a sworn application showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or consular officer of the United States in the foreign country in which he is residing a certificate of identity stating that his nationality status is pending before the court, and may be admitted to the United States with such certificate upon the condition that he shall be subject to deportation in case it shall be decided by the court that he is not a national of the United States. Such certificate of identity shall not be denied solely on the ground that such person has lost a status previously had or acquired as a national of the United States; and from any denial of an application for such certificate the applicant shall

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be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing the reasons for his decision. The Secretary of State, with approval of the Attorney General, shall prescribe rules and regulations for the issuance of certificates of identity as above provided. (54 Stat. 1171-1172; 8 U.S. C. 903.)

REPEALING CLAUSES; REPEAL NOT TO TERMINATE NATIONALITY LAWFULLY

ACQUIRED, NOR TO RESTORE LOST NATIONALITY Sec. 504. The following Acts or parts of Acts are hereby repealed; Section 1992, Revised Statutes (U. S. C., title 8, sec. 1);

Section 1993, Revised Statutes, as amended by section i, Act of May 24, 1934 (48 Stat. 797; U. S. C., title 8, sec. 6);

Section 2166, Revised Statutes, as limited by section 2, Act of May 9, 1918 (40 Stat. 546–547; U.S. C., title 8, sec. 395);

Section 2172, Revised Statutes (U. S. C., title 8, sec. 7);

Section 100, Act of April 30, 1900 (31 Stat. 161; U.S.C., title 8, sec. 385 (first paragraph));

Act of June 29, 1906, chapter 3592 (34 Stat. 596) (except subdivisions 6 and 8 of section 4 and sections 10, 16, 17, 19, and 26, thereof), as added to, supplemnted, or amended by section 1, Act of June 25, 1910 (36 Stat. 829) ; section 1, and second paragraph of section 3, Act of May 9, 1918 (40 Stat. 542–546, 547, 548); Act of June 8, 1926 (44 Stat. 709); section 4, Act of February 25, 1927 (44 Stat. 1235); Act of March 2, 1929 (45 Stat. 1512) (except sections 6 (e), and section 7 (b), thereof); section 1, Act of March 4, 1929 (45 Stat. 1545); Act of June 21, 1930 (46 Stat. 791); sections 1, 2, 3, and 4 (a), Act of March 3, 1931 (46 Stat. 1511); Act of May 25, 1932 (47 Stat. 165) (except sections 1, 5, and 7, thereof); and Act of April 19, 1934 (48 Stat. 597); United States Code, title 8, sections 18, 106, 106a, 106b, 106c, 351, 352, 353, 354, 356, 357, 358, 358a, 360, 364, 365, 372, 373, 377, 377c, 378, 379, 380, 380b, 381, 382, 384, 386, 387, 388, 389, 391, 392, 393, 394, 396, 397, 398, 399, 399a, 399b (a), 399b (b), 399b (c), 399b (d), 399c (a), 399C (b), 3996 (c), 3990, 400, 4ò1, 402, 403, 404, 405, 408, 409, 416, 411, 412, 413, 414, and 415;

Sections 2, 5, 6, and 7, Act of March 2, 1907 (34 Stat. 1228, 1229), as amended by section 2, Act of May 24, 1934 (48 Stat. 797; U.S.C., title 8, secs. 8, 16, and 17);

Sections 74 to 81, inclusive, Act of March 4, 1909 (35 Stat. 1102– 1103; U. S. C., title 18, secs. 135 and 137 to 143, inclusive);

That portion of section 1, Act of August 22, 1912 (37 Stat. 356; U.S.C., title 8, sec. 11), reading as follows:

“SEC. 1998. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shåll be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply

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