Page:United States Statutes at Large Volume 54 Part 1.djvu/1205

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

54 STAT.] 76TH CONG. , 3D SESS.-CH. 876-OCT. 14, 1940 child attains the age of twenty-three years without having acquired permanent residence in the United States. SEC. 408. The loss of nationality under this Act shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Act. SEC. 409. Nationality shall not be lost under the provisions of sec- tion 404 or 407 of this Act until the expiration of one year following the date of the approval of this Act: Provided, however, That a natu- ralized person who shall have become subject to the presumption that he has ceased to be an American citizen as provided for in the second paragraph of section 2 of the Act of March 2, 1907 (34 Stat. 1228), and who shall not have overcome it under the rules in effect imme- diately preceding the date of the approval of this Act, shall continue to be subject to such presumption for the period of one year following the date of the approval of this Act unless it is overcome during such period. SEC. 410. Nothing in this Act shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party upon the date of the approval of this Act. CHAPTER V-MISCELLANEOUS SEC. 501. Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his American nationality under any provision of chapter IV of this Act, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations to be prescribed by the Secretary of State. If the report of the dip- lomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Department of Justice, for its information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. SEC. 502. The Secretary of State is hereby authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings of a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appro- priate official channels to the judicial or administrative officers of the foreign state in which it is to be used. SEC. 503. If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United States. If such person is outside the United States and shall have instituted such an action in court, he may, upon submission of a sworn appli- cation showing that the claim of nationality presented in such action is made in good faith and has a substantial basis, obtain from a diplomatic or consular officer of the United States in the foreign country in which he is residing a certificate of identity 1171 Loss dependent on own acts, etc. Time restriction on loss of nationality. Ante, p. 1170. Proviso. Persons subject to designated presump- tion. 8U.S.C.§17. Noncontravention of treaties, etc. Certificates of loss of nationality. Ante, p. 1168 . Certificates of na- tionality. Use. Court proceedings for declaration of U. S. nationality. Certificates of iden. tity for U. 8 . entry.