[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR50.40]



[Page 236-237]

 

                       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 237]]



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]