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306.1 Persons eligible.

306.2 United States citizenship; when acquired.

306.11 Preliminary application form; filing; examination.

306.12 Renunciation forms; disposition.

AUTHORITY: Secs. 103, 306, 332, 66 Stat. 173, 237, 252; 8 U.S.C. 1103, 1406, 1443. SOURCE: 22 FR 9812, Dec 6, 1957, unless otherwise noted.

$306.1 Persons eligible.

Any Danish citizen who resided in the Virgin Islands of the United States on January 17, 1917, and in those Islands, Puerto Rico, or the United States on February 25, 1927, and who had preserved his Danish citizenship by making the declaration prescribed by Article VI of the treaty entered into between the United States and Denmark on August 4, 1916, and proclaimed January 25, 1917, may renounce his Danish citizenship before any court of record in the United States irrespective of his place of residence, in accordance with the provisions of this part.

§ 306.2 United States citizenship; when acquired.

Immediately upon making the declaration of renunciation as described in § 306.12 the declarant shall be deemed to be a citizen of the United States. No certificate of naturalization or of citizenship shall be issued by the clerk of court to any person obtaining, or who has obtained citizenship solely under section 306(a)(1) of the Immigration and Nationality Act or under section 1 of the act of February 25, 1927.

§ 306.11 Preliminary application form; filing; examination.

A person of the class described in § 306.1 shall submit to the Service on Form N-350 preliminary application to renounce Danish citizenship, in accordance with the instructions contained therein. The applicant shall be

notified in writing when and where to appear before a representative of the Service for examination as to his eligibility to renounce Danish citizenship and for assistance in filing the renunciation.

§ 306.12 Renunciation forms; disposition.

The renunciation shall be made and executed by the applicant under oath, in duplicate, on Form N-351 and filed in the office of the clerk of court. The usual procedural requirements of the Immigration and Nationality Act shall not apply to proceedings under this part. The fee shall be fixed by the court or the clerk thereof in accordance with the law and rules of the court, and no accounting therefor shall be required to be made to the Service. The clerk shall retain the original of Form N-351 as the court record and forward the duplicate to the district director exercising administrative naturalization jurisdiction over the area in which the court is located.

PART 312-EDUCATIONAL REQUIREMENTS FOR NATURALIZATION

Sec.

312.1 Literacy requirements.

312.2 Knowledge of history and Government of the United States.

312.3 Failure to meet educational and literacy requirements.

AUTHORITY: Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply 312, 332, 66 Stat. 239, 252; 8 U.S.C. 1423, 1443.

§ 312.1 Literacy requirements.

The ability of a petitioner to speak English shall be determined from answers to questions normally asked in the course of the preliminary investigation and preliminary examination. A petitioner's ability to read and write English shall be tested by excerpts from one or more parts of the Federal Textbooks on Citizenship written at the elementary literacy level. These textbooks may be purchased from the Superintendent of Documents, Government Printing Office, Washington,

D.C. 20402, and are available at certain public educational institutions. The matter written by a petitioner shall be retained in his file.

[32 FR 9633, July 4, 1967]

§ 312.2 Knowledge of history and Government of the United States.

The test of a petitioner's knowledge of the history and form of government of the United States shall be given in the English language unless he is exempt from speaking English. The scope of the testing shall be limited primarily to subject matters covered in the Federal Textbooks on Citizenship. In choosing the subject matters and in phrasing questions, due consideration shall be given to the extent of the petitioner's education, background, age, length of residence in the United States, opportunities available and efforts made to acquire the requisite knowledge, and any other elements or factors relevant to an appraisal of the adequacy of his knowledge and understanding.

[32 FR 9633, July 4, 1967]

§ 312.3 Failure to meet educational and literacy requirements.

A petitioner for naturalization who fails to pass the English literacy or educational tests at the preliminary investigation or preliminary examination shall be afforded a second opportunity to pass the tests before the petition for naturalization is calendared for final hearing and, if needed, a final opportunity at the time of final hearing before the naturalization court. [38 FR 8592, Apr. 4, 1973]

PART 316a-RESIDENCE, PHYSICAL, PRESENCE AND ABSENCE

Sec. 316a.1 Absence for which benefits of section 307(b) or 308 of the Nationality Act of 1940 have been granted; effect on continuous residence requirement. 316a.2 American institutions of research. 316a.3 Public international organizations of which the United States is a member by treaty or statute.

316a.4 International Organizations Immu

nities Act designations.

316a.21 Application for benefits with respect to absences; appeal.

AUTHORITY: Secs. 103, 316, 317, 332, 405, 66 Stat. 173, 242, 243, 252, 280; 8 U.S.C. 1103, 1427, 1428, 1443, 1101 note.

§ 316a.1 Absence for which benefits of section 307(b) or 308 of the Nationality Act of 1940 have been granted; effect on continuous residence requirement. No absence from the United States which commenced prior to the effective date of the Immigration and Nationality Act, whether or not it continued beyond that date, in connection with which an application for exemption from the usual residence requirements under the naturalization laws was made under section 307(b) or 308 of the Nationality Act of 1940 and acted upon favorably by the Attorney General, shall be regarded as having broken the continuity of residence required by section 316(a) of the Immigration and Nationality Act, provided that satisfactory proof that the absence was for a purpose described in section 307(b) or 308 of the Nationality Act of 1940, is presented to the court, and provided that the provisions of section 316(a) of the Immigration and Nationality Act are otherwise complied with.

[22 FR 9813, Dec. 6, 1957]

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The following-listed organizations have been determined to be American Institutions of research recognized by the Attorney General:

Albert Einstein College of Medicine of Yeshiva University (only in relationship to its research programs).

American Friends of the Middle East, Inc. American Institutes of Research in the Behavioral Sciences (only in relationship to research projects abroad).

American Universities Field Staff, Inc. American University, The, Cairo, Egypt. American University of Beirut (Near East College Associations).

Arctic Institute of North America, Inc. Armour Research Foundation of Illinois Inștitute of Technology.

Asia Foundation, The (formerly Committee for a Free Asia, Inc.).

Association of Universities for Research in Astronomy (AURA, Inc.), Tucson, Arizo

na.

Atomic Bomb Casualty Commission.

Bermuda Biological Station for Research, Inc.

Bernice P. Biship Museum of Polynesian Antiquities, Ethnology and Natural History at Honolulu, Hawaii.

Brookhaven National Laboratory, Associated Universities, Inc.

Brown University (Department of Engineering), Providence, R.I.

Buffalo Eye Bank and Research Society, Inc.

Burma Office of Robert N. Nathan Associates, Inc.

California State University at Long Beach, Department of Geological Sciences. Carleton College (Department of Sociology and Anthropology), Northfield, Minnesota.

Center of Alcohol Studies, Laboratory of Applied Biodynamics of Yale University. Central Registry of Jewish Losses in Egypt. College of Engineering, University of Wisconsin.

College of Medicine, State University of New York.

Colorado State University (Research Foundation), Fort Collins, Colo.

Colorado University (International Economic Studies Center), Boulder, Colo. Columbia University (Parker School of Foreign and Comparative Law) and (Faculty of Pure Science), New York, N.Y. Cornell University (International Agricultural Development, University of the Philippines-Cornell University Graduate Education Program).

Dartmouth Medical School.

Department of French, Department of Scandinavian Languages, and Department of Near Eastern Languages of the University of California, Berkeley, Calif. Duke University.

Fletcher School of Law and Diplomacy, Medford, Mass.

Ford Foundation, 477 Madison Avenue, New York, N.Y.

Free Europe, Inc. (formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)).

George Williams Hooper Foundation, San Francisco Medical Center, University of California, San Francisco, Calif.

Gorgas Memorial Institute of Tropical and Preventive Medicine, Inc., and its operating unit, the Gorgas Memorial Laboratory. Graduate Faculty of Political and Social Science Division of the New School for Social Research, New York, N.Y. Harvard Institute for International Development.

Harvard-Yenching Institute.

Humboldt State University, School of Natural Resources, Wildlife Management Department.

Institute of International Studies, Universi-
ty of California, Berkeley, Calif.
International Center for Social Research,
New York, N.Y.

Institute of International Education, Inc.
International Development Foundation, Inc.
International Development Services, Inc.
International Research Associates, Inc.
Inter-University Program for Chinese Lan-
guage Studies (formerly Stanford Center
for Chinese Studies) in Taipei, Taiwan.
Iran Foundation, Inc., The.

Kossuth Foundation, Inc., The, New York,
N.Y.

Louisiana State University.

Massachusetts Institute of Technology.

Michigan State University (Department of Zoology), East Lansing, Michigan.

Natural Science Foundation, Philadelphia,
Pennsylvania.

New York Zoological Society.
Paderewski Foundation, Inc.

Peabody Museum of Natural History of
Yale University.

People to People Health Foundation, Inc., The (only in relationship to the scientific research activities that will be carried on abroad by the medical staff of the SS "Hope").

Pierce College (in relationship to research by an instructor, Department of Psychology), Athens, Greece.

Population Council, The, New York, N.Y. Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from Bolshevism, Inc.). Rockefeller Foundation.

School of International Relations of the University of Southern California. SIRIMAR (Societa Internazionale Recerche Marine) Division, Office of the Vice President for Research, Pennsylvania State University.

Social Science Research Council. Stanford Electronic Laboratories, Department of Electrical Engineering, School of Engineering, Stanford University, Stanford, Calif.

Stanford Research Institute, Menlo Park,
Calif.

Stanford University (the George Vanderbilt
Foundation), Stanford, Calif.
Syracuse University.

Tulane University Graduate School.
Tulane University Medical School.
University of Alabama Medical Center.
University of Chicago (as a participant in
the International Cooperation Adminis-
tration Program No. W-74 only).

University of Colorado (Department of History), Boulder, Colo.

University of Connecticut, College of Liberal Arts and Science (Department of Germanic and Slavic Languages).

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University of Hawaii, Honolulu, Hawaii. University of Ilinois at Urbana-Champaign, Austria-Illinois Exchange Program. University of Kansas, Office of International Programs.

University of Michigan (School of Natural Resources), Ann Arbor, Mich.

University of Minnesota, Department of Plant Pathology (in relationship to research project abroad).

University of Nebraska Mission in Columbia, South America.

University of North Carolina at Chapel Hill.
University of Notre Dame, Notre Dame, Ind.
University of Puerto Rico.
University of Washington (Department of
Marketing, Transportation, and Interna-
tional Business) and (The School of
Public Health and Community Medicine),
Seattle, Wash.

Wenner-Gren Foundation for Anthropological Research, Inc.

Williams College, Economic Department, Williamstown, Mass.

[32 FR 9634, July 4, 1967]

NOTE: For FR citations affecting § 316a.2, see List of CFR Sections Affected in the Finding Aids section of this volume.

§ 316a.3 Public international organizations of which the United States is a member by treaty or statute.

The following-listed organizations have been determined to be public international organizations of which the United States is a member by treaty or statute:

The North Atlantic Treaty Organization. United Nations and all agencies and organizations which are a part thereof.

[32 FR 9634, July 4, 1967; 38 FR 29878, Oct. 30, 1973]

§ 316a.4 International Organizations Immunities Act designations.

The following public international organizations are entitled to enjoy the privileges, exemptions, and immunities provided for in the International Organizations Immunities Act, and are considered as public international organizations of which the United States is a member by treaty or statute within the meaning of section 316(b) of the Act and as public international organizations in which the United States participates by treaty or statute within the meaning of section 319(b) of the Act:

Asian Development Bank (E.O. 11334, Mar. 7, 1967).

Caribbean Organization (E.O. 10983, Dec. 30, 1961).

Coffee Study Group (E.O. 10943, May 19, 1961).

Customs Cooperation Council (E.O. 11596, June 5, 1971).

European Space Research Organization (ESRO) (E.O. 11760, Jan. 17, 1974).

Food and Agriculture Organization, The (E.O. 9698, Feb 19, 1946).

Great Lakes Fishery Commission (E.O. 11059, Oct. 23, 1962).

Inter-American Defense Board (E.O. 10228, Mar. 26, 1951).

Inter-American Development Bank (E.O. 10873, Apr. 8, 1960).

Inter-American Institute of Agricultural
Sciences (E.O. 9751, July 11, 1946).
Inter-American Statistical Institute (E.O.
9751, July 11, 1946).

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Inter-American Tropical Tuna Commission
(E.O. 11059, Oct. 23, 1962).
Intergovernmental Committee for European
Migration (formerly the Provisional Inter-
governmental Committee for the Move-
ment of Migrants from Europe) (E.O. Int
10335, Mar. 28, 1952).

Intergovernmental Maritime Consultative
Organization (E.O. 10795, Dec. 13, 1958).
International Atomic Energy Agency (E.O.
10727, Aug. 31, 1957).

International Bank for Reconstruction and
Development (E.O. 9751, July 11, 1946).
International Civil Aviation Organization
(E.O. 9863, May 31, 1947).

International Coffee Organization (E.O.
11225, May 22, 1965).

International Cotton Advisory Committee
(E.O. 9911, Dec. 19, 1947).

International Cotton Institute (E.O. 11283,
May 27, 1966).

International Finance Corporation (E.O.
10680, Oct. 2, 1956).

International Hydrographic Bureau (E.O.
10769, May 29, 1958).

International Joint Commission-United
States and Canada (E.O. 9972, June 25,
1948).
International

Labor Organization, The (functions through staff known as The International Labor Office) (E.O. 9698, Feb. 19, 1946).

International Monetary Fund (E.O. 9751,
July 11, 1946).

International Pacific Halibut Commission
(E.O. 11059, Oct. 23, 1962).

International Secretariat for

Volunteer

Service (E.O. 11363, July 20, 1967). International Telecommunication Union (E.O. 9863, May 31, 1947).

International Telecommunications Satellite Organization (INTELSAT) (E.O. 11718, May 14, 1973).

International Wheat Advisory Committee (E.O. 9823, Jan. 24, 1947).

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Organization for European Economic Cooperation (E.O. 10133, June 27, 1950) (Now known as Organization for Economic Cooperation and Development; 28 FR 2959, Mar. 26, 1963).

Organization of African Unity (OAU) (E.O. 11767, Feb. 19, 1974).

Organization of American States (includes Pan American Union) (E.O. 10533, June 3, 1954).

Pan American Health Organization (includes Pan American Sanitary Bureau) (E.O. 10864, Feb. 18, 1960).

Preparatory Commission of the International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957).

Preparatory Commission for the International Refugee Organization and its successor, the International Refugee Organization (E.O. 9887, Aug. 22, 1947). Southeast Asia Treaty Organization (E.O. 10866, Feb. 20, 1960).

South Pacific Commission (E.O. 10086, Nov. 25, 1949).

United International Bureau for the Protection of Intellectual Property (BIRPI) (E.O. 11484, Sept. 29, 1969).

United Nations, The (E.O. 9698, Feb. 19, 1946).

United Nations Educational, Scientific, and Cultural Organizations (E.O. 9863, May 31, 1947).

Universal Postal Union (E.O. 10727, Aug. 31, 1957).

World Health Organization (E.O. 10025, Dec. 30, 1948).

World Meteorological Organization (E.O. 10676, Sept. 1, 1956).

[32 FR 9634, July 4, 1967, as amended at 32 FR 11628, Aug. 11, 1967; 32 FR 13756, Oct. 3, 1967; 34 FR 1008, Jan 23, 1969; 34 FR 18086, Nov. 8, 1969; 36 FR 16636, June 17, 1971; 38 FR 16633, June 25, 1973; 39 FR 10885, Mar. 22, 1974; 39 FR 12336, Apr. 5, 1974]

§ 316a.21 Application for benefits with respect to absences; appeal.

(a) An application for the residence benefits of section 316(b) of the Immigration and Nationality Act to cover an absence from the United States for a continuous period of one year or more shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein. The application shall be filed either before or after the applicant's employment commences but before the applicant has been absent from the United States for a continuous period of one year. There shall be submitted with the application a fee of $10.00.

(b) An application for the residence and physical presence benefits of section 317 of the Immigration and Nationality Act to cover any absences from the United States, whether before or after December 24, 1952, shall be submitted to the Service on Form N-470 in accordance with the instructions contained therein, either before or after the absence from the United States, or the performance of the functions or the services described in that section. There shall be submitted with the application a fee of $10.00.

(c) The applicant shall be notified of the approval of the application on Form N-472 and, if the application is denied, of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[22 FR 9813, Dec. 6, 1957, as amended at 31 FR 14629, Nov. 17, 1966]

PART 318-PENDING DEPORTATION

PROCEEDINGS

§ 318.1 Warrant of arrest.

For the purposes of section 318 of the act, an order to show cause issued under Part 242 of this chapter shall be regarded as a warrant of arrest.

(Secs. 103, 242, 318, 332, 66 Stat. 173, 208, as amended, 244, 252; 8 U.S.C. 1103, 1252, 1429, 1443)

[22 FR 9813, Dec. 6, 1957]

PART 319-SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SPOUSES OF UNITED STATES CITIZENS

Sec.

319.1 Person living in marital union with United States citizen spouse.

319.2 Person whose United States citizen spouse is employed abroad. 319.3 Persons continuously employed for 5 years by United States organizations engaged in disseminating information and surviving spouses of United States citizens who died during a period of honorable service in an active duty status in the Armed Forces of the United States. 319.4 Public international organizations in which the U.S. participates by treaty or statute.

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