Loss of Nationality in the United States
WARREN COMMISSION
Consistent with the special reporting procedures recommended by the Warren Commission Report (WCR) on the assassination of President John F. Kennedy (see the Warren Commission Report (Executive Order 11130)), if a would-be renunciant exhibits hostility toward the United States, its government, or officials and shows indications of mental or emotional instability, the consular officer should notify this issue. It should be a coordination among the Passport Services, Office of Legal Affairs and Law Enforcement Liaison Legal Affairs Division (CA/PPT/L/LA), the Office of the Legal Adviser for Consular Affairs (L/CA), the Office of the Legal Adviser for Law Enforcement and Intelligence (L/LEI) and the Bureau of Diplomatic Security (DS), to ensure that pertinent information is relayed to U.S. law enforcement and intelligence authorities as appropriate.
Brady Act: Firearms
The Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, as amended by the NICS Improvement Amendments Act of 2007 (NIAA), Public Law 110-180, 122 Statutes at Large 2559, enacted January 8, 2008, provides that it is unlawful to sell firearms to persons for whom a finding of loss of nationality due to renunciation has been made. Subsequent laws have extended this restriction to the transporting of hazardous materials by renunciants and other activities. The Brady Act also required establishment of the National Instant Criminal Background Check System (NICS) used by Federal firearms licensees (FFLs) to determine immediately by telephone, or other electronic means, whether the transfer of a firearm would be in violation of Federal or State law. There is a National Instant Criminal Background Check System.
Consular Services: Taxation and Loss of Nationality
- 26 U.S.C. 6039G(d)(2) provides that the Secretary of State shall provide to the Secretary of the Treasury a copy of each certificate as to the loss of U.S. nationality under INA 358 (8 U.S.C. 1501), which is approved by the U.S. Secretary of State. This includes both findings of loss of nationality due to renunciation of citizenship (INA 349(a)(5) (8 U.S.C. 1481(a)(5)) and findings of loss of nationality under INA 349(a)(1), INA 349(a)(2), INA 349(a)(3), and INA 349(a)(4) (8 U.S.C. 1481).
- d. U.S. citizens and U.S. noncitizen nationals who lose nationality, and legal permanent resident aliens who turn in/abandon their green cards must file a new Form IRS-8854, Initial and Annual Expatriation Information Statement. Form IRS-8854 must be filed directly with the IRS Philadelphia Service Center rather than with a U.S. embassy or consulate. In countries without a reliable mail service, the post may forward the Form IRS-8854 to CA/OCS/L for transmittal to the IRS.
Loss of Nationality
In Legislation
Loss of Nationality in the U.S. Code: Title 8, Chapter 12, Subchapter III, Part III
The current, permanent, in-force federal laws regulating loss of nationality are compiled in the United States Code under Title 8, Chapter 12, Subchapter III, Part III. It constitutes “prima facie” evidence of statutes relating to Aliens and Nationality (including loss of nationality) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Immigration, Nationality and Immigration of the US Code, including loss of nationality) by chapter and subchapter.
Loss of Nationality
In Legislation
Loss of Nationality in the U.S. Code: Title 8, Chapter 11, Subchapter IV
The current, permanent, in-force federal laws regulating loss of nationality are compiled in the United States Code under Title 8, Chapter 11, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Aliens and Nationality (including loss of nationality) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Nationality of the US Code, including loss of nationality) by chapter and subchapter.