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1168
PUBLIC
LAWS-eH.
876--0CT.
14.
1940[54
STAT.
Applicabilityofex·istinglawstoprior
crimes.
Testimony
ofof·ficers.etc.
Noncompliance
by
clerksofcourt;
penalty.
Anle,
p.
1158.
Failure
to
accountforcertificates.
Ante,
p.
1158.
Provisions
appli
cabletorecordofregistry.
Anle,
p.
1151.
Ante,
p.
1163.
Savingclauses.
..
4.nte,
p.
1140;
post,
p.l17l.
Hearingofpendingpetition.
Naturalization
in
foreign
state.
(h)
For
the
purpose
ofthe
prosecution
of
allcrimes
and
offensesagainstthenaturalization
or
citizenshiplaws
of
the
United
States
whichmayhavebeencommitted
prior
tothedatewhen
this
Act
shallgointoeffect,theexistingnaturalization
and
citizenshiplawsshallremain
in
fullforce
and
effect.
(i)
It
shallbe
lawfuland
admissibleasevidence
in
any
proceedingsfounded
under
this
Act,
or
any
ofthe
penal
or
criminalprovisions
of
the
immigration,naturalization
or
citizenshiplaws,
forany
officer
or
employee
oftheUnited
Statesto
rendertestimonyas
toany
state-
ment
voluntarilymade
to
suchofficer
or
employee
in
thecourse
of
the
performance
of
the
officialduties
of
suchofficer
or
employee
by
any
defendant
at
thetime
of
or
subsequenttotheallegedcommission
of
any
crime
or
offensereferred
to
in
this
sectionwhich
may
tendto
show
that
such
defendant
did
not
or
could
not
have
had
knowledge
of
any
matter
concerningwhichsuchdefendantisshowntohavemadeaffidavit,
or
oath,
or
to
havebeenawitness
pursuant
to
suchlaw
or
laws.
(j)
In
case
any
clerk
of
court
shallrefuse
or
neglect
to
comply
withany
of
theprovisions
of
section337
(a),(b),(c),
or
(d),
suchclerk
of
court
shall
forfeit
and
pay
to
the
United
Statesthesum
of
$25ineach
and
everycase
in
whichsuchviolation
or
omissionoccurs,
andthe
amount
of
suchforfeiture
may
berecoveredby
the
United
States
inan
action
of
debtagainstsuchclerk.
(k)
If
any
clerk
of
courtshall
fail
to
return
to
the
Service
or
properlyaccount
for
any
certificate
of
naturalization
furnished
by
theService
as
providedinsubsection(e)
of
section337,suchclerk
of
court
shallbeliable
to
the
United
States
in
the
sum
of
$50,toberecovered
inan
action
of
debt,
for
each
and
everysuchcertificate
notproperly
accounted
for
or
returned.
(1)
The
provisions
of
subsections
(a),
(b),
(d),(g),(h),
and
(i)
of
this
sectionshall
apply
in
respect
of
the
application
for
andthe
record
of
registry
authorized
by
section328,
in
thesameman-
ner
and
tothe
sameextent,includingpenalties,as
they
apply
in
anynaturalization
or
citizenshipproceeding
or
anyother
proceeding
under
section
346.
SAVINGCLAUSES
SEC.
347.
(a)
Nothing
contained
in
either
chapter
III
or
in
chap-
ter
V
of
this
Act,unlessotherwiseprovidedtherein,shallbecon·
struedto
affect
the
validity
ofany
declaration
of
intention,petition
for
naturalization,certificate
of
naturalization
or
of
citizenship,
or
other
document
or
proceedingwhichshallbe
valid
atthe
time
this
Act
shall
take
effect;
or
to
affect
any
prosecution,suit,action,
or
proceedings,civil
or
criminal,brought,
or
any
act,
thing,
or
mat-
tel',civil
or
criminal,done
or
existing,
at
the
time
thisAct
shall
take
effect;
but
as
to
allsuchprosecutions,suits,actions,proceedings,acts,things,
or
matters,thestatutes
orpartsof
statutesrepealed
by
this
Act,
are
herebycontinued
in
force
and
effect.(b)
Any
petition
for
naturalizationheretoforefiledwhich
may
be
p e n d i n ~
at
the
time
this
Act
shalltakeeffectshallbe
heard
and
determinedwithintwoyears
thereafterin
accordancewiththerequirements
of
law
in
effectwhensuchpetitionwasfiled.
CHAPTER
IV-LOSS
OF
NATIONALITY
SEC.
401.
Apersonwhoisanational
of
theUnited
States,whether
bybirth
or
naturalization,shalllosehisnationality
by:
(a)Obtaining
naturalizationinaforeignstate,
either
upon
his
ownapplication
orthrough
thenaturalizationofa
parent
havinglegal
54
STAT.]76TH
CONG.,
3D
SESS.-CH.
876-0CT.
14,
1940
1169
custody
of
such
person:
Provided,however,
That
nationality
shall
not
be
lost
as
the
resultof
the
naturalization
of
a
parent
unless
anduntil
the
child
shallhave
attainedthe
age
of
twenty-threeyearswith
out
acquiring
permanent
residence
in
the
UnitedStates:
Provided
further,
That
aperson
who
has
acquired
foreign
nationality
through
thenaturalization
01
his
parentor
pareIlt::;,
and
who
at
the
same
time
is
acitizen
oftheUnited
States,shall,
if
abroad
and
he
hasnot
heretofore
expatriated
himselfas
an
American
citizenby
his
own
voluntary
act,be
permitted
within
t,,-oyearsfrom
the
effective
date
of
his
Acttoreturn
to
theUnited
States
andtake
up
permanent
residencetherein,
and
it
shall
be
thereafter
deemed
that
hehaselected
to
be
an
American
citizen.
Failure
on
the
part
of
suchperson
to
so
returnandtake
up
permanent
residence
intheUnitedStatesduring
such
period
shall
bedeemed
to
beadeterminationon
the
partof
such
person
to
discontinuehis
status
as
an
Americancitizen,
and
suchperson
shall
beforeverestopped
by
such
failure
from
thereafter
claim
ing
such
American
citizenship;
or
(b)
Takingan
oath
or
making
an
affirmation
or
other
formal
declaration
of
allegiance
to
aforeign
state;
or
(c)
Entering,or
serving
in,
the
armed
forces
of
aforeign
state
unlessexpressly
authorizedbythe
laws
of
the
United
States,
if
he
has
or
acquires
thenationalityof
suchforeign
state;
or
(d)
Accepting,
or
performing
the
duties
of,
any
office,
post,
or
employment
under
the
government
of
aforeign
state
orpoliticalsubdivision
thereoffor
which
only
nationals
of
such
state
areeligible;
or
(e)
Voting
in
apoliticalelection
in
aforeign
stateorparticipating
in
an
election
or
plebiscite
to
determine
the
sovereigntyover
foreign
territory;
or
(f)
Making
a
formal
renunciation
of
nationality
beforeadiplo
matic
or
consularofficerof
the
United
States
in
aforeign
state,
in
such
form
as
may
beprescribed
bytheSecretary
of
State;or
(g)
Desertingthe
military
or
naval
service
of
theUnitedStates
in
timeofwar,
provided
he
isconvicted
thereofby
a
court
martial;or(h)
Committing
any
act
of
treasonagainst,
or
attempting
by
force
to
overthrow
or
bearing
arms
againstthe
United
States,provided
heis
convicted
thereof
by
a
court
martial
or
by
a
court
of
competentjurisdiction.
SEC.
402.A
nationaloftheUnitedStates
whowas
bornin
the
UnitedStates
or
whowasborn
inany
placeoutside
of
the
jurisdic
tion
of
theUnitedStates
of
a
parent
whowasbornin
the
United
States,
shall
bepresumed
to
have
expatriated
himself
under
subsection(c)
or
(d)
of
section401,when
heshall
remain
for
six
months
orlonger
withinany
foreign
state
of
whichhe
or
either
ofhis
parents
shall
have
beena
national
according
to
thelaws
of
suchforeignstate,
or
withinany
place
under
control
of
suchforeignstate,
and
such
presumption
shall
existuntil
overcome
whether
or
not
the
individualhasreturned
to
the
United
States.
Such
presumption
may
beovercomeon
the
presentation
of
satisfactoryevidence
to
adiplomatic
or
consularofficer
of
theUnited
States,
or
toanimmigration
officer
of
the
United
States,
under
suchrules
and
regulations
asthe
Depart
ment
ofState
andtheDepartmentofJusticejointly
prescribe.
However,
nosuch
presumption
shallarise
with
respect
toany
officer
or
employee
of
the
United
States
whileserving
abroad
assuchofficer
or
employee,
nortoany
accompanyingmember
of
hisfamily.
SEC.
403.
(a)Except
asprovidedinsubsections
(g)
and
(h)
of
section401,no
national
can
expatriate
himself,
or
be
expatriated,under
this
sectionwhile
within
theUnited
States
or
any
of
its
out
lying
possessions,
but
expatriation
shall
resultfrom
the
performance
193470'--41--PT.I----74
Provisos.
Effect
upon
child.Electionof
Ameri.can
citizenship.
Oath
ofallegiancetoforeign
state.
Service
in
foreign
armed
forces.
Employment,
etc.,
by
foreign
govern·
ment.
Voting
in
foreign
political
elections,etc.
Formalrenunciation
of
nationality.Desartin!,:U.
S.
mil-
itaryornavalservice.
Committing
trea.
son,etc.
Presumption
of
ex·patriation.
Overcomingpre
sumption.Personsexcepted.Limitation
on
expatriation
within
U.
S.
1170
PUBLIC
LA
WS-oH.
876---0CT.14,1940
[54
STAT.
Expatriation
ofcer
tainminors,restric-
tion.Expatriationofnat
uralized
nationals
throughforeignresidence.
Personsin
U.
S.
employ
abroad,etc.
No
expatriation
by
residenceabroad
in
designatedcases.Effectof
parent's
loss
of
nationality
upon
minors
residing
abroad.
Proviso.
Condition.
withintheUnited
States
or
anyofits
outlyingpossessions
of
any
of
theacts
or
thefulfillment
of
any
of
theconditionsspecified
in
this
section
if
and
when
the
nationalthereaftertakes
up
aresidenceabroad.
(b)
Nonational
under
eighteenyears
of
agecanexpatriatehimself
under
subsections(b)
to
(g),
lllclusive,
of
section401.
SEC.
404.
Apersonwhohasbecomeanationalbynaturalizationshalllosehisnationality
by:
(a)Residing
for
at
leasttwoyears
in
the
territory
of
aforeignstate
of
which
he
wasformerlyanational
or
in
which
the
place
of
his
birth
issituated,
if
heacquIres
through
suchresidence
the
n a t i o n ~
ality
of
suchforeignstatebyoperation
of
the
lawthereof;
or
(b)Residingcontinuously
for
threeyearsin
the
territory
of
aforeignstate
of
whichhewasformerlyanational
or
in
whichtheplace
of
his
birthis
situated,exceptasprovided
in
section
406
hereof.(c)Residingcontinuously
for
fiveyears
in
anyother
foreignstate,exceptasproVlded
in
section
406
hereof.
SEC.
405.
Section404shallhavenoapplication
to
aperson:(a)
Who
residesabroadin
the
employmentand
underthe
ordersoftheGovernment
of
the
United
States;
(b)
Who
isreceivingcompensationfrom
the
Government
oftheUnitedStatesand
residingabroadonaccount
of
disabilityincurred
in
itsservice.
SEC.
406.
Subsections
(b)
and(c)
of
section404shallhave
no
a p p J i ~
cation
to
aperson:
(a)
'Whoshallhaveresided
in
the
United
States
not
less
than
twenty-fiveyearssubsequenttohisnaturalizationandshallhaveattainedtheage
of
sixty-fiveyearswhen
the
foreignresidenceisestablished;(b)
Who
isresidingabroadupon
the
date
of
theapproval
of
thisAct,
or
whois
thereafter
sentabroad,andresidesabroadtemporarilysolely
or
principallytorepresentabonafideAmericaneducational,scientific,philanthropic,religious,commercial,financial,
or
businessorganization,havingitsprincipal
office
or
place
of
businessinthe
United
States,
oran
internationalagency
of
an
officialcharacter
in
whichthe
United
Statesparticipates,
for
whichhereceivesasubstantialcompensation;(c)Whoisresidingabroadonaccount
of
ill
health;(d)Who
isresidingabroad
for
thepurpose
of
pursuing
studies
of
aspecializedcharacter
or
attendingan
institutionoflearning
of
a
grade
above
that
of
a
preparatory
school,provided
that
suchreSIdencedoes
not
exceedfiveyears;(e)
Who
is
the
wife,husband,
or
child
under
twenty-oneyears
of
ageof,
and
isresidingabroad
for
thepurpose
of
beingwith,anAmericancitizenspouseor
parent
whoisresidingabroad
for
oneof
the
objectsorcausesspecified
in
section
405
or
subsections
(a),
(b),
(c),
or
(d)hereof;
(f)
Who
wasborn
inthe
United
States
or
one
ofits
outlying·
possessions,whooriginally
had
Americannationality,
and
who,
after
having
lostsuchnationality
throughmarriageto
analien,reacquiredit.
SEC.
407.
Aperson
having
Americannationality,whoisa
minor
andisresiding
in
aforeignstate
withorunderthe
legalcustody
of
a
parent
wholosesAmericannationality
under
section
404
of
this
Act,shall
at
thesametimelosehisAmericannationality
if
suchminor
has
or
acquiresthe
nationality
of
suchforeign
state:
Provided,
That,
in
suchcase,Americannationalityshall
not
belostas
the
result
of
loss
of
Americannationalitybythe
parent
unless
anduntilthe
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