Title 7, Chapter 1 - Trust Territory Citizenship

CHAPTER 1
Trust Territory Citizenship

§ 101.Natural citizens.

(1)All persons born in the Trust Territory shall be deemed to be citizens of the Trust Territory. except persons born in the Trust Territory. who at birth or otherwise have acquired another nationality.

(2)A child born outside the Trust Territory of parents who are citizens of the Trust Territory shall be considered a citizen of the Trust Territory while under the age of 21 years and thereafter if he becomes a permanent resident of the Trust Territory while under the age of 21 years.

Source: FSM Code (1982)

§102.Naturalization-Authority of High Commissioner to grant.

The High Commissioner may grant Trust Territory citizenship to persons who:

(1)are 18 years of age or over:

(2)are of good moral character, as certified by the District Administrator and two leading citizens of the community in which they intend to reside.

(3)have not acquired. or who renounce, previous citizenship and renounce allegiance and all foreign powers and rulers:

(4)have been permanent residents of and legally domiciled continuously in the Trust territory for at least 5 years immediately prior to application for citizenship, and:

(a)have been born of parents, one of whom was a citizen of, and maintained his principal residence in the Trust Territory at the time of the birth; or

(b)have been born of parents, one of whom has been granted Trust Territory citizenship pursuant to this Section.

Source: FSM Code (1982).

§ 103.Naturalization-Cancellation.

Persons naturalized under Section 102 of this Chapter shall be subject to cancellation of their naturalization after hearing for cause upon application by the High Commissioner to the High Court of the Trust Territory. Cause for revocation of naturalization shall be:

(1)concealment of a material fact or willful misrepresentation in applying for naturalization; or

(2)advocacy of the overthrow or alteration of the government of the United States or the government of the Trust Territory by unlawful means; or

(3)commission of, or attempt or preparation to commit, an act of espionage, sabotage, or sedition against the government of the United States or the government of the Trust Territory, or conspiring with or aiding and abetting another to commit such an act: or

(4)fraudulent or illegal entry into the Trust Territory, either prior to or after naturalization, or

(5)travel within 5 years of naturalization, to any foreign country for the purpose of establishment of permanent residence therein; provided, that the United States, its territories and possessions, and the Commonwealth of Puerto Rico shall not be considered foreign country for purposes of this Subsection.

Source: FSM Code (1982)

§ 104.Emigration.

Prior to leaving the Trust Territory, citizens of the Trust Territory shall obtain such travel documents, including a Trust Territory passport, and comply with such regulations as may be prescribed from time to time by the High Commissioner.

Source: FSM Code (1982)

CHAPTER 2
Federated States of Micronesia Citizenship

§ 201.Short Title.

This Chapter is known and may be cited as the Citizenship and Naturalization Act.

Source: FSM Code (1982)

§202.Citizenship.

The following are citizens of the Federated States of Micronesia:

(1)a person who is a citizen of the Trust Territory of the Pacific Islands immediately prior to the effective date of the Constitution and a domiciliary of a District ratifying the Constitution of the Federated States of Micronesia.

(2)a person born, at any time, of parents one or both of whom are citizens of the Federated States of Micronesia, and

(3)a person who becomes a citizen pursuant to Section 4 or 5 of Article III of the Constitution.

Source: FSM Code (1982).

§ 203.Dual citizenship is prohibited.

A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his eighteenth birthday, or within 3 years of the effective date of the Constitution, whichever is later, register his intent to remain a citizen of the Federated States of Micronesia with the President or his designee in a manner and form prescribed by law or regulation and renounce his citizenship of another nation. If he fails to comply with this Section, he becomes a national of the Federated States of Micronesia.

Source: FSM Code (1982).

§ 204.Naturalization.

The President, on Congress's recommendation b bill, may naturalize a person as a citizen of the Federated States of Micronesia in a manner or form prescribed by law or regulation if the person:

(1)shall have lawfully resided within the Federated States of Micronesia, whether prior or subsequent to the effective date of the Constitution, for at least 5 years immediately preceding the date of filing his petition for naturalization:

(2)is a child or spouse of a citizen or is a national of the Federated States of Micronesia:

(3)upon naturalization, shall have renounced previous citizenship and allegiance to any and all foreign powers and rulers, and taken an oath of allegiance in a manner and form, prescribed by law or regulation: and

(4)has competence in at least one of the indigenous languages of the Federated States or Micronesia evidenced by passing, a language examination prepared and administered by, the President or his designee.

Source: FSM Code (1982).

Annotations

The Citizenship and Naturalization Act places primary responsibility for administrative implementation upon the President. and contemplates that the Executive Branch, not the Judiciary, normally will determine and certify citizenship In re Sproat, 2 FSM Intrm 1. 7 (Pon 1985).

Until 7 FSMC 204 goes into effect, it may be appropriate to take a liberal view in determining when a court ruling on citizenship status may be required to prevent injustice or to permit an individual to proceed with his own business or personal affairs. In re Sproat 2 FSM Intrm 1. 8 (Pon 1985).

§ 205. Naturalization rights and duties-Cancellation.

(1)The rights and duties of persons who have become citizens of the Federated States of Micronesia by naturalization shall be the same as those of persons who are citizens of the Federated States of Micronesia except as otherwise provided by the Constitution.

(2)Naturalization may be canceled within 5 years of discovery that naturalization was obtained through concealment of a material fact or willful misrepresentation in applying for naturalization. Cancellation shall be by court order. Upon cancellation of naturalization under this Section, such person shall be divested of all real property obtained in the Federated States of Micronesia and be provided just compensation for such property. Disposition of such property shall be in accordance with law.

Source: FSM Code (1982).

§ 206.Loss of citizenship.

(1)No citizen of the Federated States of Micronesia may be deprived of his citizenship unless subsequent to attaining such citizenship:

(a)he shall voluntarily obtain naturalization in a foreign state upon his own application.

(b)he shall voluntarily take an oath or make an affirmation or other formal declaration of allegiance to a foreign state or political subdivision thereof:

(c)he shall voluntarily enter, or serve in, the armed forces of a foreign state, provided, however, that he may serve in the Armed Forces of the United States of America without loss of citizenship during the remainder of the Trusteeship Agreement, any future relationship of free association with the United States, and thereafter as may be required by his prior enlistment or contract.

(d)he shall vote in a political election in a foreign state where a prerequisite to a vote is citizenship of that foreign state: or

(e)he shall, if over 18 years of age, voluntarily make a formal renunciation of, the Federated States of Micronesia citizenship.

(2)Whenever the loss of Federated States of Micronesia citizenship is put in issue in any action or proceeding, the person or party claiming, that such loss occurred must establish such claim by a preponderance of the evidence.

Source: FSM Code (1982).

§ 207.Regulations.

The President may, from time to time, issue such regulations as are reasonably necessary to implement the provisions of this Chapter.

Source: FSM Code (1982).

§ 208.Penalties.

Any person who obtains naturalization through concealment of' a material fact or willful misrepresentation in applying for naturalization, upon conviction thereof, shall be imprisoned for a period of not more than 2 years, or fined not more than $10.000, or both.

Source: FSM Code (1982).