FSMC, TITLE 7. CITIZENSHIP

 
 
Chapter 1:  Trust Territory Citizenship

§ 101.     Natural citizens.
§ 102.     Naturalization - Authority of High Commissioner to grant.
§ 103.     Naturalization - Cancellation.
§ 104.     Emigration.

§ 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 twenty_one years, and thereafter if he becomes a permanent resident of the Trust Territory while under the age of twenty_one years.

Source:  TT Code 1966 § 660; TT Code 1970, 53 TTC 1; TT Code 1980, 53 TTC 1.

§ 102.  Naturalization - Authority of High Commissioner to grant.
     The High Commissioner may grant Trust Territory citizenship to persons who:

     (1)     are eighteen 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 to any and all foreign powers and rulers;

     (4)     have been permanent residents of and legally domiciled continuously in the Trust Territory for at least five 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:  TT Code 1966 § 661; TT Code 1970, 53 TTC 2; TT Code 1980, 53 TTC 2.

Cross-reference:  For statutory provisions on FSM naturalized citizenship, see sections 204 and 205 of this title.

Editor's note:  PL 1-75, section 10, provides for repeal of this section.  PL 1-75, section 11, states that "section 9 [sic] shall take effect upon the enactment of statutes in the Marshall Islands and Palau to repeal section 2 of title 53 of the Trust Territory Code."

§ 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 five 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 a foreign country for the purposes of this subsection.

Source:  TT Code 1966 § 662; TT Code 1970, 53 TTC 3; TT Code 1980, 53 TTC 3.

§ 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:  TT Code 1966 § 663; TT Code 1970, 53 TTC 4; TT Code 1980, 53 TTC 4.