ARTICLE III
Citizenship

     Section 1.  A person who is a citizen of the Trust Territory immediately prior to the effective date of this Constitution and a domiciliary of a District ratifying this Constitution is a citizen and national of the Federated States of Micronesia.

Cross reference:  The statutory provisions on TT citizenship are found in chapter 1 of title 7 of the FSM Code.  The statutory provisions on FSM citizenship are found in chapter 2 of title 7 of this code.

Case annotations:  Citizenship may affect, among other legal interests, rights to own land, to engage in business or be employed, and even to reside within the FSM.  In re Sproat, 2 FSM Intrm. 1, 6 (Pon. 1985).

Art. III, l and 2, of FSM Constitution are self-executing and do not contemplate, or imply the need for, court action to confirm citizenship where no challenge exists.  In re Sproat, 2 FSM Intrm. 1, 7 (Pon. 1985).

Where there exists an actual controversy involving a concrete threat to citizenship rights and interests, FSM Supreme Court could be constitutionally required to determine whether a person is or is not a citizen.  In re Sproat, 2 FSM Intrm. 1, 7 (Pon. 1985).

     Section 2.  A person born of parents one or both of whom are citizens of the Federated States of Micronesia is a citizen and national of the Federated States by birth.

Cross reference:  The statutory provisions on FSM citizenship are found in chapter 2 of title 7 of this code.

Case annotations:  Art. III, l and 2, of FSM Constitution are self-executing and do not contemplate, or imply need for, court action to confirm citizenship where no challenge exists.In re Sproat, 2 FSM Intrm. 1, 7 (Pon. 1985).

     Section 3.  A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this Constitution, whichever is later, register his intent to remain a citizen of the Federated States 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.

     Section 4.  A citizen of the Trust Territory who becomes a national of the United States of America under the terms of the Covenant to Establish a Commonwealth of the Northern Mariana Islands may become a citizen and national of the Federated States of Micronesia by applying to a court of competent jurisdiction in the Federated States within 6 months of the date he became a United States national.

     Section 5.  A domiciliary of a District not ratifying this Constitution who was a citizen of the Trust Territory immediately prior to the effective date of this Constitution, may become a citizen and national of the Federated States of Micronesia by applying to a court of competent jurisdiction in the Federated States within 6 months after the effective date of this Constitution or within 6 months after his 18th birthday, whichever is later.

     Section 6.  This Article may be applied retroactively.