§ 50.2

Execution and disposition of oath of renunciation.

The form shall be executed in quadruplicate. The original and one copy shall be sent to the Department, and two copies retained in the files of the office in which it was executed. After the Department of State has approved the form, it will so advise the appropriate officer of the Foreign Service, who will thereafter make a notation on the two copies retained by him that the form has been approved by the Department and showing the day of approval. A copy of such form may be furnished to the person to whom it relates upon request therefor. When submitting the form of renunciation of American nationality, it must be accompanied by the certificate of loss of American nationality. The approval of the certificate of loss of nationality will be by rubber stamp thereon which may also be taken to cover approval of the form of renunciation of nationality.

OATH OF ALLEGIANCE TAKEN BY DUAL NATIONAL TO AVOID DIVESTITURE OF UNITED STATES NATIONALITY

AUTHORITY: §§ 50.6 to 50.8 issued under sec. 104, 66 Stat. 174; 8 U.S.C. 1104.

§ 50.6 Dual nationals voluntarily seeking or claiming benefits of foreign nationality.

A person who acquired at birth the nationality of the United States and of a foreign state and who has voluntarily sought or claimed benefits of the nationality of any foreign state, as, for example, by applying for a foreign passport or identity card, or by applying for registration as a national of a foreign country, or by any other similar act, regardless of whether he is a national of such state, shall be deemed to be within the scope of section 350 (1) of the Immigration and Nationality Act (66 Stat. 269). The section is not considered applicable to a person who has sought or claimed benefits of the nationality of any foreign state in a manner which has caused loss of American nationality. § 50.7 Procedure for taking oath.

A person who desires to take an oath of allegiance to the United States before a United States diplomatic or consular

officer for the purpose of avoiding the loss of American nationality under section 350 (1) of the Immigration and Nationality Act (66 Stat. 269) shall execute an application for a passport or registration as an American citizen, which application shall contain an oath of allegiance in the form prescribed by the Secretary of State.

§ 50.8 Effect of taking oath.

The oath of allegiance, when taken before a United States diplomatic or consular officer, shall be deemed sufficient to fulfill the requirement of section 350 (1) of the Immigration and Nationality Act (66 Stat. 269): Provided, That the person has passed the age of 22 years and has not thereafter resided continuously for three years in the foreign state of which he is a national by birth: And provided also, That the oath shall not be required of such a person if his foreign residence begins after he has attained the age of 60 years and he shall have had his residence in the United States for 25 years after having attained the age of 18 years.

ASSERTION BY MINOR OF CLAIM TO UNITED STATES NATIONALITY

AUTHORITY: §§ 50.9 and 50.10 issued under sec. 104, 66 Stat. 174; 8 U. S. C. 1104.

§ 50.9 Procedure for asserting claim.

A national of the United States, who, while under eighteen years of age, has expatriated himself under the provisions of section 349 (a) (2), (4), (5), or (6) of the Immigration and Nationality Act (66 Stat. 267-268) may assert his claim to United States nationality under section 351 (b) of the Immigration and Nationality Act (66 Stat. 269) within six months after attaining the age of 18 years on the form prescribed for this purpose by the Secretary of State.

§ 50.10 Execution and disposition of form.

The form for asserting the claim to the nationality of the United States shall be executed in triplicate. The original shall be forwarded to the Department of State, a copy shall be retained in the office in which it was executed, and a copy shall be furnished to the person asserting the claim.

CRITERIA FOR DETERMINING WHETHER NATURALIZED NATIONAL COMES WITHIN SCOPE OF SECTION 354 (2)

AUTHORITY: §§ 50.11 to 50.13 issued under sec. 104, 66 Stat. 174; 8 U. S. C. 1104.

§ 50.11 Carrying on a commercial enterprise.

Under section 354(2) (A) of the Immigration and Nationality Act (66 Stat. 271), a naturalized American national residing abroad temporarily for the purpose of engaging in a commercial enterprise which substantially and directly benefits American trade or commerce shall not lose his nationality by having a continuous residence for five years in any foreign state or states covered by section 352(a)(2) of the Immigration and Nationality Act (66 Stat. 269). It must appear that the national has no substantial or controlling reason for residing abroad other than to engage in the commercial enterprise and that his foreign residence is temporary. Further, the character of the commercial enterprise must be such that its effect is to increase directly and substantially production, sales, inventory, or profits, or to facilitate the acquisition of raw materials, distribution of products or the extension of services of or for an American financial, commercial, or business organization having its principal place of business in the United States.

§ 50.12 Carrying on scientific research.

(a) Under section 354(2) (B) of the Immigration and Nationality Act (66 Stat. 271), a naturalized American national, who is temporarily residing abroad for the purpose of carrying on scientific research on behalf of a bona fide educational, research, experimental, or other institution, which institution shall be specifically accredited by the Secretary of State, and the purpose of which research is to discover, develop, or test scientific knowledge, principles theory, apparatus, etc., for practical uses or applications which would directly and substantially benefit the interests of the United States, shall not be deemed to have lost his American nationality by having a continuous residence for five years in any foreign state or states covered by section 352 (a) (2) of the Immigration and Nationality Act (66 Stat. 269).

(b) The term "an institution accredited by the Secretary of State" means an institution which has established by evidence satisfactory to the Secretary of State that it is engaged in research which is directly and substantially beneficial to the United States. The evidence to show that the institution in which the naturalized American citizen is employed is such an organization, may be submitted when the naturalized citizen first applies for further passport facilities or for registration as an American citizen. Initially, there shall be submitted an affidavit by two principal officers of the institution setting forth complete information concerning the institution and its activities. In the affidavit, the name of the institution, the location of its principal office and place, or places, of business and the type of organization, i. e., whether it is a sole proprietorship, partnership, or corporation, should be stated; the owners and officers should be fully identified and their nationalities stated; the names, locations, and activities of organizations and firms of which the institution is a branch, subsidiary, or affiliate, or in which there is a community of ownership, should be stated. The Secretary of State may require such additional evidence as may be deemed necessary for a determination as to whether the institution shall be accredited.

(c) After an institution has been once accredited by the Secretary of State, it will be necessary only to submit evidence to show that its character and operations have not changed in the interim from the date of such accrediting and the time at which a person may subsequently seek to claim the benefits of section 354 (2) (B) of the Immigration and Nationality Act (66 Stat. 271).

(d) Where more than one person is engaged simultaneously in essentially similar scientific research for the same institution, it will be necessary to submit the required evidence concerning the character and operations of the institution only in the case of one person. However, evidence must be submitted in each individual case to show that the person concerned is doing scientific research of the type specified in this paragraph for the accredited institution.

(e) Each case and each organization must be considered on its merits, and, on

the basis thereof as submitted, officers of the Foreign Service will be advised from time to time by the Department of State of the names of the scientific research institutions which have been accredited.

§ 50.13

Work or activities under unique or unusual circumstances.

(a) Under section 354 (2) (C) of the Immigration and Nationality Act (66 Stat. 271), a naturalized American citizen residing abroad temporarily, who under unique or unusual circumstances engages in work or activities which directly and substantially benefit the interests of the United States, shall not be deemed to have lost his nationality under section 352(a) (2) of the Immigration and Nationality Act (66 Stat. 269).

(b) Section 354 (2) (C) would apply to a person who, with or without compensation, motivated by devotion to the United States and with intention to benefit the United States engages in work or activities of a continuing nature which enhance in a direct and substantial way the material or cultural wealth, prestige or security of the United States.

(c) It may apply to a person who apparently is abroad for a reason or purpose which ordinarily would not be of direct or substantial benefit to the United States, but who by reason of his employment, position, standing, prestige, influence or associations, is able to contribute in a direct and substantial way to the wealth, prestige or security of the United States.

(d) Each case of this character must be submitted to the Department of State and will be considered on its own merits. CERTIFICATION OF Loss of UNITED STATES NATIONALITY

AUTHORITY: §§ 50.14 to 50.19 issued under sec 104, 66 Stat. 174; 8 U. S. C. 1104.

§ 50.14 Certification by diplomatic or consular officer.

Whenever a diplomatic or consular officer of the United States has reason to believe that a person, while in a foreign country, has lost his American nationality under any provision of Chapter 3 of Title III of the Immigration and Nationality Act (66 Stat. 267), or under any provision of Chapter IV of

the Nationality Act of 1940 (54 Stat. 1168), as amended, he shall certify the facts upon which such belief is based to the Department of State in writing. § 50.15 Cases in which a certificate should be prepared.

The certificate should be prepared in the case of any person coming within the scope of any of the provisions of Chapter IV of the Nationality Act of 1940. The certificate should also be prepared in the case of any person coming within the scope of the provisions of Chapter 3, Title III of the Immigration and Nationality Act, except that, in the case of a national who has performed any of the acts specified in paragraphs (2), (4), (5), and (6) of section 349(a), Chapter 3, Title III of the Immigration and Nationality Act, such certificate shall not be prepared and submitted until after he shall have attained the age of 18 years and 6 months and shall have failed to assert his claim to United States nationality in the manner prescribed by the Secretary of State, within 6 months after attaining the age of 18 years.

§ 50.16 Affidavit of expatriated persons.

When obtainable, an affidavit executed in quadruplicate by the expatriated person, in either the English language or other language best understood by the affiant, shall be attached to each copy of the certificate of the officer. If in language other than English, a certified English translation shall accompany the affidavit. The affidavit shall contain in substance:

(a) That the affiant has performed on a specified date one of the acts or fulfilled the conditions specified in Chapter 3, Title III of the Immigration and Nationality Act (66 Stat. 267) or Chapter IV of the Nationality Act of 1940 (54 Stat. 1168);

(b) That the act mentioned was his free and voluntary act and that no undue influence, compulsion, force or duress was exerted upon him from any source whatever; and

(c) That he has read, or had read to him, his foregoing statement in the English or foreign language (whichever is used) and that he understands its contents.

[Dept. Reg. 108.392, 24 F.R. 2440, Mar. 28, 1959]

§ 50.17 Reference in certificate to other documents.

(a) When documents, communications, or excerpts therefrom, from competent offices or officials of foreign governments, and statements or affidavits by the persons concerned are referred to in that portion of the certificate having reference to the nature of the evidence adduced which is believed to have caused expatriation, verified copies of the documents, communications, statements, affidavits, or excerpts therefrom, shall be attached to and made a part of the certificate.

(b) When reference is made to passports or applications for passports, registration, repatriation, and similar documents, or to affidavits forming a part of an application, or to departmental communications, copies thereof shall not be attached to and made a part of the certificate unless specifically authorized by the Department of State, but the pertinent statement or statements shall be quoted in the certificate. The quotation shall be limited to the admission of the act of expatriation and no extraneous or explanatory matter should be included § 50.18 Amplification of certificate.

When preparing a certificate of expatriation, the certificate shall be amplified in appropriate cases by adding a paragraph thereto setting forth the names, places and dates of birth, and present addresses of the spouse and children, if any, of the individual concerned and whether any such person is considered to have acquired foreign nationality. The certificate, however, is not to be regarded as a certificate of expatriation of the spouse or children of any person in whose case a certificate is prepared.

him by the Department. He shall thereafter forward the fourth copy of such certificate to the person to whom it relates.

ISSUANCE OF CERTIFICATE OF NATIONALITY AUTHORITY: §§ 50.20 to 50.23 issued under sec. 104, 66 Stat. 174; 8 U. S. C. 1104. § 50.20 Application for certificate.

(a) Any person who acquired the nationality of the United States at birth and who is involved in any manner in judicial or administrative proceedings in a foreign state in connection with which the establishment of his nationality in the United States is pertinent, may apply for a certificate of American nationality in the form prescribed by the Secretary of State. (Sec. 359, 66 Stat. 273.)

(b) In the United States, including Alaska and Hawaii, the application must be executed before a clerk of a Federal or State court authorized by section 310 (a) of the Immigration and Nationality Act (66 Stat. 239) to naturalize aliens within the jurisdiction in which the applicant resides, or before an agent of the Department of State. In an insular possession of the United States the application must be executed before a person in the office of the Chief Executive who has authority to administer oaths. In a foreign country the application must be executed before a diplomatic or consular officer of the United States. When an application is executed before a diplomatic or consular officer it shall be in duplicate.

(c) There shall be submitted with the application documentary evidence establishing that the applicant is involved in judicial or administrative proceedings pending in a foreign country in connection with which the establishment of his nationality of the United States is pertinent. There shall be affixed to each application, including the duplicate application when required, a photograph of the applicant not more than 3 by 3 inches and not less than 21⁄2 by 21⁄2 inches in size, unmounted, printed on thin paper showing the full front view of the features of the applicant. and taken within six months of the date when submitted. A separate photograph, which must be identical to that affixed to the application, shall be submitted, in order that it may be affixed to the certificate of nationality if and when issued. The

original copy of the application shall in all cases be submitted to the Department of State.

§ 50.21 Evidence of nationality required.

Each application for a certificate of nationality must be accompanied by evidence of nationality of the character which is required by the Rules Governing the Granting and Issuing of Passports in the United States issued by the President on March 31, 1938, or any rules which may subsequently be issued by him (see §§ 51.51 to 51.73 of this chapter). If the applicant has previously submitted satisfactory evidence of American citizenship in connection with an application for a passport or registration, it will not be necessary for him to duplicate such evidence. It will, however, be necessary for the applicant to satisfy the Secretary of State that he has not expatriated himself under the Immigration and Nationality Act or any prior act. § 50.22 Issuance of certificate.

Upon the approval of the application a certificate of nationality for use in a judicial or administrative proceeding in a foreign state shall be issued.

§ 50.23 Transmission of certificate to foreign state.

When a certificate of nationality is issued, it shall be transmitted through official channels to the judicial or administrative officer of the foreign state in which it is to be used.

CERTIFICATE OF IDENTITY FOR TRAVEL TO THE UNITED STATES TO APPLY FOR ADMISSION

AUTHORITY: §§ 50.24 to 50.40 issued under secs. 104, 360, 66 Stat. 174, 273; 8 U.S.C. 1104, 1503.

§ 50.24 Contents of application.

The application for a certificate of identity shall show:

(a) The full and true name of the applicant;

(b) The period (s) and place (s) of his residence outside the United States;

(c) That he has been physically present in the United States or that he is under sixteen years of age and was born abroad of a citizen parent;

(d) That he claims to be a national of the United States, and the basis of such claim and evidence submitted in support thereof;

(e) That such claim is made in good faith and upon a substantial basis;

(f) That he claims a right or privilege as a national of the United States, and specifically the nature of such claim;

(g) That such right or privilege has been denied him by a specified department or agency or official of the United States on the ground that the applicant is not a national of the United States, and the date and place of such denial;

(h) That he desires to proceed to a port of entry in the United States and there to apply for admission;

(i) That he understands that he may apply for admission into the United States at any port of entry and that he shall be subject to all the provisions of the Immigration and Nationality Act relating to the conduct of proceedings involving aliens seeking admission into the United States;

(j) Such other facts and proofs, with respect to the foregoing, as may be required by the application form or by the diplomatic or consular officer before whom the application for a certificate of identity is executed.

§ 50.25

Affidavit of supporting witness. The application for a certificate of identity shall be supported by the affidavit of a credible witness, but this requirement may be waived in the discretion of the diplomatic or consular officer before whom the application is executed. § 50.26 Supporting evidence.

(a) The application for a certificate of identity shall be supported by evidence of the official decision of the specified department, independent agency, or official thereof denying the applicant a right or privilege upon the ground that he is not a national of the United States and evidence that he has exhausted his administrative remedies with such department, agency, or official.

(b) The applicant shall submit with his application for a certificate of identity a statement setting forth in detail the reasons why he considers the final decision of the department, independent agency, or official thereof to be erroneous.

(c) The applicant shall submit a statement that he fully and truthfully disclosed all pertinent facts to the department, independent agency, or official thereof and that he had no additional evidence to submit at that time. The diplomatic or consular officer may require