1168

PUBLIC

LAWS-eH.

876--0CT.

14.

1940[54

STAT.

Applicabilityofex·istinglawstoprior

crimes.

Testimony

ofof·ficers.etc.

Noncompliance

by

clerksofcourt;

penalty.

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

subsection(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

beovercomeon

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

expatriation

within

U.

S.

 

1170

PUBLIC

LA

WS-oH.

876---0CT.14,1940

[54

STAT.

Expatriation

ofcer

tainminors,restric-

tion.Expatriationofnat

uralized

nationals

throughforeignresidence.

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

agecanexpatriatehimself

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

whichhereceivesasubstantialcompensation;(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,anAmericancitizenspouseor

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,reacquiredit.

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