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RENUNCIATION OF CITIZENSHIP

Renunciation is the voluntary act of relinquishing one's citizenship or nationality. It is the opposite of naturalization whereby a person voluntarily acquires a citizenship, and distinct from denaturalization, where the loss of citizenship is forced by a state.

Table of Contents
1 2 3 3.1 3.2 3.2.1 3.2.2 3.2.3 4 Historic practices The common law doctrine of perpetual allegiance denied an individual the right to renounce obligations to his sovereign. The bonds of subject hood were conceived in principle to be both singular and immutable. These practices held on in varying ways until the late 19th century.[1][2] The refusal of many states to recognize expatriation became problematic for the United States, which had a large immigrant population. The War of 1812 was caused partly by Britain's impressment of British-born U.S. citizens into the British Royal Navy. Immigrants to the U.S. were sometimes held to the obligations of their foreign citizenship when they visited their home countries. In response, the U.S. government passed the Expatriation Act of 1868 and concluded various treaties, the Bancroft Treaties, recognizing the right to renounce one's citizenship.[3][4] The Universal Declaration of Human Rights lists both the right to leave any country, including ones own (Article 13(2)) and the right to change ones nationality (Article 15(2)), which implicitly recognizes the right to renounce citizenship. In modern law Renunciation of citizenship is particularly relevant in cases of multiple citizenship given that additional citizenships may be acquired automatically and may be undesirable. Many countries have pragmatic policies that recognize the often arbitrary nature of citizenship claims of other countries and negative consequences, such as loss of security clearance, can mostly be expected only for actively exercising foreign citizenship, for instance by obtaining a foreign passport. However, some people may wish to be free even of the purely theoretical obligations and appearance of dual loyalty that another citizenship implies. In 2006, Boris Johnson, the Mayor of London, prompted by an international travel requirement in the U.S., renounced the US citizenship he had acquired by birth. He said, "What I want is the right not to have an American passport."[5][6][7] Another example may be political refugees who would wish to renounce [citation needed] allegiance to the country from which they escaped. Renunciation law in specific countries Historic practices In modern law Renunciation law in specific countries Singapore United States Overview Taxation Sovereign citizen movement References

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RENUNCIATION OF CITIZENSHIP
Each country sets its own policies for formal renunciation of citizenship. There is a common concern that individuals about to relinquish their citizenship do not become a stateless person and many countries require evidence of another citizenship or an official promise to grant citizenship before they release that person from citizenship. Some countries may not allow or do not recognize renunciation of citizenship or establish administrative procedures that are essentially impossible to complete. Mexico requires renunciation of all other citizenships as a condition of naturalization. [8] Canada and Israel, on the other hand, do not require the renunciation of other citizenships/nationalities as a precondition to running for public office.[9] Renunciation of citizenship is most straightforward in those countries which recognize and strictly enforce a single citizenship. Thus, voluntary naturalization in another country is considered as "giving up" of one's previous citizenship or implicit renunciation. For practical reasons, such an automatic renunciation cannot officially take place until the authorities of the original country are informed about the naturalization. In Japan, a formal report is required from the renouncing person to be submitted at an embassy. Germany actively investigates whether its citizens living abroad have naturalized there when they apply for a passport; for instance in Canada, German passport applicants have to submit a search of citizenship record.[10] Canada and Australia are signatories to the United Nations Convention on the Reduction of Statelessness, and renunciation is possible only if it will not result in statelessness.[11][12] Applications for renunciation of citizenship need to be submitted in those countries with a waiting time of several months until approval. Singapore Citizens of Singapore can only renounce Singaporean citizenship if they have acquired citizenship of another country. At the time of renunciation, renunciants must submit their Singaporean passports and National Registration Identity Cards for cancellation.[13] About 1,200 Singaporean citizens renounce their citizenship every year, a quarter of them naturalized citizens. Singapore does not permit multiple citizenship for adults.[14] Male Singaporeans generally cannot renounce citizenship until completing national service, though there are exceptions for those who emigrated at a young age. [15] In 2012, a Hong Kong-born man who had acquired Singaporean citizenship by registration while a minor filed a lawsuit regarding this requirement.[16]

United States
See also: List of former United States citizens who relinquished their nationality Overview The United States requires that an individual go in person to a U.S. embassy or consulate outside the U.S. and sign before a consular officer an oath or affirmation that he intends to renounce his citizenship, although exceptions are legally permitted in times of war and under special circumstances. [17][18] During the expatriation procedure, the individual must complete several documents and demonstrate in an interview with a consular officer that the renunciation is voluntary and intentional. Depending on the embassy or consulate, the individual is often required to appear in person two times and conduct two separate interviews with consular officers over the course of several months. [19] There were between 222-235 renunciants in 2008, between 731-743 in 2009, and about 1485 in 2010;[20][21] In 2011, there were 1781 renunciants.[22] Formal confirmation of the loss of U.S. citizenship is provided by the Certificate of Loss of Nationality and is received by the renunciant a number of months later. Renunciation of U.S. citizenship was free until July 2010, at which time a fee of $450 was established. Although many countries require citizenship of

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RENUNCIATION OF CITIZENSHIP
another nation before allowing renunciation, the United States does not and an individual may legally renounce U.S. citizenship and become stateless. Nonetheless, the United States Department of State warns renunciants that, unless they already possess a foreign nationality or are assured of acquiring another nationality shortly after completing their renunciation, they would become stateless and without the protection of any government.[23] In one case, Vincent Cate, an encryption expert living in Anguilla, chose to renounce his US citizenship to avoid the possibility of violating US laws that may prohibit US citizens from "exporting" encryption software.[24] Taxation The United States is the only country in the world which taxes based on citizenship rather than residency, on worldwide income or estate of individuals, in the same manner as residents. Eritrea also taxes the foreign income of its nonresident citizens but at a much lower rate than for residents. Finland, France, Hungary, Italy and Spain tax their nonresident citizens as residents only in limited circumstances. Cuba, North Korea, the Philippines and Saudi Arabia tax residents differently based on their citizenship, but do not tax the foreign income of nonresident citizens. Mexico, the Soviet Union, the Philippines, Vietnam and Myanmar also used to tax the foreign income of nonresident citizens, either in the same manner as residents or at lower rates, but have all abolished this practice. In 1996, the U.S. changed its immigration law to include a provision to "name and shame" renunciants.[25] The Department of the Treasury became obligated to publish quarterly in the Federal Register the names of those citizens who renounce their citizenship. Only the names are published, but by counting the number of names in each list, media organizations are able to infer the number of renunciants each quarter. The 1996 law included a provision to bar entry to any individual "who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States."[25] There is no known case of this provision, known as the Reed Amendment, having ever been enforced. In 2008, Congress enacted the Heroes Earnings Assistance and Relief Act that imposes a penaltyan "exit tax" or expatriation taxon certain people who give up their U.S. citizenship or long-term permanent residence.[26] Effective June 2008, U.S. citizens who renounce their citizenship are subject under certain circumstances to an expatriation tax, which is meant to extract from the expatriate taxes that would have been paid had he remained a citizen: all property of a covered expatriate is deemed sold for its fair market value on the day before the expatriation date, which usually results in a capital gain, which is taxable income.[27] Eduardo Saverin, a Brazilian-born co-founder of Facebook, renounced his U.S. citizenship just before the company's expected initial public offering; the timing prompted media speculation that the act was motivated by potential U.S. tax obligations. [22] Sovereign citizen movement

Various organizations and individuals, sometimes collectively called the sovereign citizen movement, attempt to renounce U.S. citizenship while remaining "common law" citizens of their states or counties. This is typically done to avoid payment of debts or taxes, as a form of tax protest. They claim various legal bases for doing so; these typically involve claims that the Fourteenth Amendment created a new and more onerous form of national citizenship that can be renounced by U.S. citizens, or that the U.S. government has enslaved its citizens by using them as collateral for foreign debts, but that through various documentary maneuvers you can "redeem" yourself from this servitude. References

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RENUNCIATION OF CITIZENSHIP
1. Martin, David A. (Spring 2005). "Dual Nationality: TRs 'Self-Evident Absurdity'". UVA Lawyer. http://www.law.virginia.edu/html/alumni/uvalawyer/sp05/martin_lecture.htm. Retrieved 2012-0612. 2. Rice, Daniel (2011). "The 'Uniform Rule' and its exceptions: a history of Congressional naturalization legislation". Ozark Historical Review 40. http://history.uark.edu/OHR2011.pdf. Retrieved 2012-06-11. 3. Thomas Alexander Aleinikoff, Douglas B. Klusmeyer (2001). Citizenship today: global perspectives and practices. Brookings Institution Press. ISBN 978-0-87003-184-7. http://books.google.com/books?id=iVnb-HA3K6sC&pg=PA70. 4. Tsiang, I-Mien (1942). The question of expatriation in America prior to 1907. Johns Hopkins Press. OCLC [//www.worldcat.org/oclc/719352 719352]. 5. "Furious Boris Renounces His US Citizenship". Daily Express. Northern and Shell Media Publications. 2006-08-11. http://www.express.co.uk/posts/view/1102/Furious-Boris-renounceshis-US-citizenship. Retrieved 2012-05-11. "Now he declares: 'After 42 happy years I am getting a divorce from America. It is not just that I no longer want an American passport. In fact, what I want is the right not to have an American passport.'" 6. "exit tax, renounce, US citizenship, expatriate, US Embassy London". Usvisalawyers.co.uk. 1996-09-30. http://www.usvisalawyers.co.uk/article14.html. Retrieved 2012-05-11. 7. "Data on renunciations". RenunciationGuide.com. http://renunciationguide.com/Data-OnRenunciants.html. Retrieved 2012-05-11. 8. Douglas B. Klusmeyer, Thomas Alexander Aleinikoff (2000). From migrants to citizens: membership in a changing world. p. 19. ISBN 978-0-87003-159-5. 9. Aleinkoff, T. Alexander (1985-1986), Theories of Loss of Citizenship, 84, Mich. L. Rev., p. 1471, http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mlr84&section=63 10. http://www.ottawa.diplo.de/Vertretung/ottawa/en/04/passports/UB_20passports.html [dead link] 11. http://www.cic.gc.ca/english/applications/guides/CIT0302ETOC.html 12. http://www.immi.gov.au/allforms/pdf/128.pdf 13. "Items to note for renunciation". Singapore Consulate-General in San Francisco. 2007-10-01. Archived from the original on 2010-05-10. http://web.archive.org/web/20100502084643/http://www.mfa.gov.sg/sanfrancisco/SGrenounce.ht ml. Retrieved 2012-05-18. 14. "1,200 renounce their citizenship every year". The Star. 2012-02-29. http://thestar.com.my/news/story.asp?file=/2012/2/29/asia/10821784&sec=asia. Retrieved 201205-18. 15. "Ministerial Statement on National Service Defaulters by Minister for Defence Teo Chee Hean". Singapore Ministry of Defense. 2006-01-16. http://www.mindef.gov.sg/imindef/news_and_events/nr/2006/jan/16jan06_nr.html. Retrieved 2012-05-12. 16. Vijayan, K. C. (2012-01-18). "Hong Kong-Born Teen Trying to Give Up Singapore Citizenship". Jakarta Globe. http://www.thejakartaglobe.com/international/hong-kong-born-teen-trying-to-giveup-singapore-citizenship/492065. Retrieved 2012-05-18. 17. Renunciation of U.S. Citizenship from the United States State Department 18. http://www.law.cornell.edu/uscode/8/1481.html 19. "Renunciation Process Step-by-Step". Renunciationguide.com. http://renunciationguide.com/Renunciation-Process-Step-By-Step.html. Retrieved 2012-05-11. 20. "More American Expatriates Give Up Citizenship", The New York Times, April 25, 2010. 21. Data on Renunciations of U.S. Citizenship: A Web Guide Data on renunciations, including analysis of the errors in the Federal Register lists. 22.0 22.1 22. Goldman, David (May 11, 2012). "Facebook co-founder renounces U.S. citizenship". CNNMoney. CNN.com. http://money.cnn.com/2012/05/11/technology/eduardo-saverin-facebookcitizenship. Retrieved 2012-05-11. 23. "U.S. State Department warnings to potential renunciants". Travel.state.gov. http://travel.state.gov/law/citizenship/citizenship_776.html. Retrieved 2012-05-11. 24. Peter Wayner, "Encryption Expert Says U.S. Laws Led to Renouncing of Citizenship", The New York Times Sunday, September 6, 1998

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RENUNCIATION OF CITIZENSHIP
25. "1996 HIPAA (Health Insurance Portability and Accountability Act of 1996), H.R. 3103, 104th Congress, page 158" (PDF). http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=104_cong_bills&docid=f:h3103enr.txt.pdf. Retrieved 2012-05-11. 26. "Info re United States "exit tax"" (PDF). http://www.gpo.gov/fdsys/pkg/PLAW110publ245/pdf/PLAW-110publ245.pdf. Retrieved 2012-05-11. 27. Expatriation Tax Expatriation Tax information from IRS
25.0 25.1

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