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Citizenship [Title 7]

FEDERATED STATES OF MICRONESIA

ANNOTATED CODE 2014

TITLE 7
CITIZENSHIP

CHAPTERS
1 Trust Territory Citizenship (§§ 101-105)
2 Federated States of Micronesia Citizenship (§§ 201-208)
3 FSM Nationals (§§ 301-304)

CHAPTER 1
Trust Territory Citizenship

SECTIONS
§ 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 21 years, and thereafter if he becomes a permanent resident of the Trust Territory while under the age of 21 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 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 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.

CHAPTER 2
Federated States of Micronesia Citizenship

SECTIONS
§ 201. Short title.
§ 202. Citizenship.
§ 203. Dual citizenship is prohibited.
§ 204. Naturalization.
§ 205. Naturalization rights and duties—Cancellation.
§ 206. Loss of citizenship.
§ 207. Regulations.
§ 208. Penalties.

§ 201. Short title.
This chapter is known and may be cited as the Citizenship and Naturalization Act.

Source: PL 1-75 § 1.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. Art. III states as follows:

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.

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.

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.

For constitutional provision on the power of the FSM Congress to regulate, see FSM Const., art. IX, § 2(c).

The provisions of the Constitution are found in Part I of this code.

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).

§ 202. Citizenship.
(1) For all official purposes, a citizen of the Federated States of Micronesia as defined by the relevant provisions of this chapter shall be referred to as a "Micronesian citizen" or, in the alternative, "Micronesian".

(2) The following are citizens of the Federated States of Micronesia:

(a) 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;

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

(c) a person who becomes a citizen pursuant to section 4 or 5 of article III of the Constitution.

Source: PL § 1-75 § 2; PL 9-73 § 1.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. The provisions of the Constitution are found in Part I of this code. For statutory provisions on Trust Territory citizenship, see chapter 1 of this title.

The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.

The website of the FSM National Government contains announcements, press releases, news, forms, and other information on the National Government at http://fsmgov.org.

The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contains the public laws enacted by the Congress, sessions, committee hearings, rules, and other congressional information at http://www.fsmcongress.fm/.

Case annotation: 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 R. 1, 7 (Pon. 1985).

§ 203. Dual citizenship is prohibited.
A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within three years of his eighteenth birthday, or within three 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: PL 1-75 § 3.

Cross-reference: For identical constitutional provision, see FSM Const., art. III, § 3. The provisions of the FSM Constitution are found in Part I of this code.

§ 204. Naturalization.
(1) A person may be naturalized as a citizen of the Federated States of Micronesia in a manner or form prescribed by laws or regulation if the person:

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

(b) is a child of a citizen, or is a national, of the Federated States of Micronesia;

(c) upon naturalization, shall have renounced previous citizenship and allegiance to any and all foreign powers and rulers, and submitted positive and verifiable documentary evidence of said renunciations, and taken an oath of allegiance in a manner and form prescribed by law or regulation;

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

(e) has not been convicted of a felony as defined by the laws of the place where conviction took place.

(2) The President, on Congress’ recommendation by 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:

(a) is in compliance with the criteria set out in subsections 204(1)(a), (c), (d) and (e), of this section; and

(b) is a spouse of a citizen of the Federated States of Micronesia.

Source: PL 1-75 § 4; PL 15-28 § 1.

Cross-reference: For provisions on Trust Territory naturalized citizenship, see section 102 of this title. For constitutional provisions on FSM Citizenship, see FSM Const., art. III. For constitutional provision on the power of the FSM Congress to regulate naturalization and citizenship, see FSM Const., art. IX, § 2(c).

The statutory provisions on the FSM Congress are found in title 3 of this code. The statutory provisions on the Executive and the President are found in title 2 of this code.

Editor's note: PL 1-75, section 11, provides that this section shall take effect upon the termination of the Trusteeship Agreement.

Case annotation: 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 R. 1, 7 (Pon. 1985).

Until 7 F.S.M.C. 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 R. 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 cancelled within five 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: PL 1-75 § 5.

Cross-reference: For provisions on Trust Territory naturalized citizenship, see section 102 of this title. For constitutional provisions on FSM Citizenship, see FSM Const., art. III. For constitutional provision on the power of the FSM Congress to regulate naturalization and citizenship, see FSM Const., art. IX, § 2(c).

Editor's note: PL 1-75, section 11, provides that this section shall take effect upon the termination of the Trusteeship Agreement.

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).

§ 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 such 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: PL 1-75 § 6.

Cross-reference: The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code. The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

Case annotation: Courts in the United States have ruled on citizenship status where that status determines the propriety of official administrative action and administrative remedies have been exhausted. In re Sproat, 2 FSM R. 1, 7 (Pon. 1985).

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

Source: PL 1-75 § 8.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 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 two years, or fined not more than $10,000, or both.

Source: PL 1-75 § 9.

CHAPTER 3
FSM Nationals

SECTIONS
§ 301. Establishment of status of a national of the Federated States of Micronesia.
§ 302. Rights and obligations.
§ 303. Loss of status.
§ 304. Issuance of regulations.

Editor's note: This new chapter 3 entitled FSM Nationals was added by section 1 of PL 17-54. PL 17-54 was signed into law by President Manny Mori on June 6, 2012.

Section 6 of PL 17-54 states that: "Sections 301 to 303 of title 7 of the Code of the Federated States of Micronesia, as amended, shall become effective on January 1, 2013."

§ 301. Establishment of status of a national of the Federated States of Micronesia.
A person born of parents one or both of whom are citizens of the Federated States of Micronesia is a national of the Federated States of Micronesia.

Source: PL 17-54 § 2.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. For constitutional provision on the power of the FSM Congress to regulate, see FSM Const., art. IX, § 2(c). The provisions of the Constitution are found in Part I of this code.

§ 302. Rights and obligations.
To the extent permitted by the Constitution, noncitizen nationals of the Federated States of Micronesia shall have all the rights of citizens of the Federated States of Micronesia to enter, reside, and work in the Federated States of Micronesia pursuant to this code, and any obligations associated with these rights. These rights shall be limited to such nationals as individuals and shall not entitle the dependents of such nationals to any additional rights or privileges. Such nationals shall be issued with an identification document upon presenting appropriate proof of their status to the President or his designee, and shall require no additional documentation, permit, or registration not required of citizens of the Federated States of Micronesia to establish or exercise these rights.

Source: PL 17-54 § 3.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. For constitutional provision on the power of the FSM Congress to regulate, see FSM Const., art. IX, § 2(c). The provisions of the Constitution are found in Part I of this code.

The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 303. Loss of status.
No person may be deprived of his or her status as a national of the Federated States of Micronesia except, if over 18 years of age, by making a voluntary and formal renunciation before an official of the Government of the Federated States of Micronesia.

Source: PL 17-54 § 4.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. For constitutional provision on the power of the FSM Congress to regulate, see FSM Const., art. IX, § 2(c). The provisions of the Constitution are found in Part I of this code.

The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 304. Issuance of regulations.
The President or his designee shall promulgate regulations consistent with the contents and intent of this chapter.

Source: PL 17-54 § 5.

Cross-reference: For constitutional provisions on FSM Citizenship, see FSM Const., art. III. Art. III states as follows:

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.

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.

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.

For constitutional provision on the power of the FSM Congress to regulate, see FSM Const., art. IX, § 2(c).

The provisions of the Constitution are found in Part I of this code.

The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on Administrative Procedure are found in title 17 of this code.

Editor's note: Section 6 of PL 17-54 states that: "Sections 301 to 303 of title 7 of the Code of the Federated States of Micronesia, as amended, shall become effective on January 1, 2013."