[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR50.40]

[Page 255-256]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 50--NATIONALITY PROCEDURES--Table of Contents
 
                     Subpart C--Loss of Nationality
 
Sec. 50.40  Certification of loss of U.S. nationality.


    (a) Administrative presumption. In adjudicating potentially 
expatriating

[[Page 256]]

acts pursuant to INA 349(a), the Department has adopted an 
administrative presumption regarding certain acts and the intent to 
commit them. U.S. citizens who naturalize in a foreign country; take a 
routine oath of allegiance; or accept non-policy level employment with a 
foreign government need not submit evidence of intent to retain U.S. 
nationality. In these three classes of cases, intent to retain U.S. 
citizenship will be presumed. A person who affirmatively asserts to a 
consular officer, after he or she has committed a potentially 
expatriating act, that it was his or her intent to relinquish U.S. 
citizenship will lose his or her U.S. citizenship. In other loss of 
nationality cases, the consular officer will ascertain whether or not 
there is evidence of intent to relinquish U.S. nationality.
    (b) Whenever a person admits that he or she had the intent to 
relinquish citizenship by the voluntary and intentional performance of 
one of the acts specified in Section 349(a) of the Immigration and 
Nationality Act, and the person consents to the execution of an 
affidavit to that effect, the diplomatic or consular officer shall 
attach such affidavit to the certificate of loss of nationality.
    (c) Whenever a diplomatic or consular officer has reason to believe 
that a person, while in a foreign country, has lost his U.S. nationality 
under any provision of chapter 3 of title III of the Immigration and 
Nationality Act of 1952, or under any provision of chapter IV of the 
Nationality Act of 1940, as amended, he shall prepare a certificate of 
loss of nationality containing the facts upon which such belief is based 
and shall forward the certificate to the Department.
    (d) If the diplomatic or consular officer determines that any 
document containing information relevant to the statements in the 
certificate of loss of nationality should not be attached to the 
certificate, the person may summarize the pertinent information in the 
appropriate section of the certificate and send the documents together 
with the certificate to the Department.
    (e) If the certificate of loss of nationality is approved by the 
Department, a copy shall be forwarded to the Immigration and 
Naturalization Service, Department of Justice. The diplomatic or 
consular office in which the certificate was prepared shall then forward 
a copy of the certificate to the person to whom it relates or his 
representative.

[31 FR 13537, Oct. 20, 1996. Redesignated and amended at 61 FR 29652, 
June 12, 1996; 63 FR 20315, Apr. 24, 1998]