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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 six years following the date of the approval of this Act unless it is overcome during such period.

"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."

SEC. 101. For the Purposes of this Act

(a) The term "national" means a person owing permanent allegiance to a state.

(b) The term "national of the United States" means (1) a citizen of the United States, or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. It does not include an alien.

(c) The term "naturalization" means the conferring of nationality of a state upon a person after birth.

SEC. 104. For the purposes of sections 201, 307 (b), 403, 404, 405, 406, and 407 of this Act, the place of general abode shall be deemed the place of residence.

SEC. 323. A person who, while a citizen of the United States and during the first or second World War, entered the military or naval service of any country at war with a country with which the United States was or is at war, who has lost citizenship of the United States by reason of any oath or obligation taken for the purpose of entering such service, or by reason of entering or serving in such armed forces, and who intends to reside permanently in the United States, may be naturalized by taking before any naturalization court specified in subsection (a) of section 301, the oaths prescribed by section 335. Any such person who has lost citizenship of the United States during the second World War may, if he so desires, be

naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. For the purposes of this section, the second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. (As amended by the Act of April 2, 1942.)

The Act of Congress approved June 25, 1948, to amend the Organic Act of Puerto Rico reads as follows: "That the Organic Act of Puerto Rico (39 Stat. 951) is amended by inserting the following new section:

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'Sec. 5b. Section 404 (c) of the Nationality Act of 1940 (U. S. C., title 8, sec. 804 (c)), shall not be applicable to persons who have acquired citizenship under the provisions of section 5 and 5a of this Act. This amendment to be retroactive to October 13, 1945.'' (Public Law 776-80th Cong., chap. 649, 2d sess.)

22. Presumption of fraudulent naturalization

Section 338 (c) of the Nationality Act of October 14, 1940 (54 Stat. 1169) reads as follows:

"(c) If a person who shall have been naturalized shall, within five years after such naturalization, return to the country of such person's nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such person to become a permanent citizen of the United States at the time of filing such person's petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the

proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancelation of the certificate of naturalization as having been obtained through fraud. The diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those persons within their respective jurisdictions who have been so naturalized and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to revoke and set aside the order admitting to citizenship and to cancel the certificate of naturalization."

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III. Status of American Citizens in Certain Countries With the Governments of Which the United States Has Concluded Treaties Concerning Naturalization and Regulating the Liability to Military Service or Other Act of Allegiance of Persons Having Dual Nationality 23. The following information cerning military regulations of certain foreign countries as possibly affecting American citizens is believed to be correct but is not to be considered as official so far as it relates to the laws and regulations of a foreign government:

24. Albania

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The United States does not recognize the present Albanian regime and does not maintain diplomatic or consular representatives in Albania. The present Albanian regime does not recognize the continuing validity of the naturalization treaty between the United States and Albania signed April 5, 1932, by which naturalized

American citizens of Albanian origin were formerly protected in Albania, and the Albanian authorities have refused to grant permits to American citizens to leave that country for the purpose of returning to the United States. It is therefore inadvisable for American citizens to attempt any travel to Albania under existing conditions.

25. Austria

The Department understands that as of April 27, 1945, under the Austrian law pertaining to the transfer of citizenship, all persons shall be regarded as Austrian citizens who were Austrian citizens on March 13, 1938, provided that no circumstances effecting the loss of such citizenship, as by serving in the public or military forces of a foreign state, arose prior to April 27, 1945. The law further provides that persons who during World War II voluntarily served in the military forces of one of the Allied nations shall be exempted from loss of Austrian nationality. It is understood that under the Austrian law of July 10, 1945, regarding the acquisition and loss of Austrian citizenship, such citizenship is lost upon naturalization in a foreign country, but that it is possible to retain Austrian citizenship in such cases by special consent of the Austrian Government.

There are apparently no laws at present in force in Austria bearing on military service, since the Austrian Government has not been permitted to maintain armed forces and will not

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