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Citizenship (Amendment) Act 2010

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

31^ST CONSTITUTIONAL REGULAR SESSION, 2010

BILL NO: 59ND1

P.L. 2010 – 40

CITIZENSHIP (AMENDMENT) ACT 2010

AN ACT

to amend Section 403 of the Citizenship Act 1984.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

Section 1. Short title.

This Act may be cited as the Citizenship (Amendment) Act, 2010.

Section 2. Amendments

(1) Section 403 of the Citizenship Act is amended as follows:

§403. Citizenship by naturalization; general.

(1) A person of full age and full capacity may apply in the prescribed manner to the Cabinet to be naturalized as a citizen.

(2) Where, on the application made pursuant to subsection (1) of this Section and as a result of such inquiries (if any) as the Cabinet may cause to be made, the Cabinet is satisfied that the person making the application:

(a) was (on the date of the application) and has been, during the period of ten (10) years immediately prior to the date of application, ordinarily resident in the Republic;

(b) The number of persons, who shall be naturalized as citizens under Section 403 of this Act, shall not exceed ten (10), including dependents, in any one calendar year.

(c) is domiciled in the Republic;

(d) is of good character, based upon available evidence, including the recommendations of the Ministry responsible for the administration of citizenship matters and the local government Council of the community in which he has been resident or intends to reside;

(e) unless prevented by physical or mental disability, is able to speak and understand Marshallese sufficiently for normal conversational purposes;

(f) has an understanding and respect for the customs and traditions of the Republic;

(g) has the means of support for himself and his dependents;

(h) has a reasonable knowledge and understanding of the Constitution of the Marshall Islands and the rights, privileges, responsibilities and duties of citizenship;

(i) subject to Section 412 of this Chapter, has renounced in the prescribed manner any other citizenship which he may possess; and

(j) has taken and subscribed, in the prescribed manner, the prescribed oath of allegiance; then the Cabinet, in its discretion, may grant the application, but otherwise shall refuse it.

(k) has taken and passed written test as may be prescribed by the Minister;

Section 3. Savings.

Nothing in this Act shall be construed as affecting persons who have filed application with the Office of the Attorney General and whose applications are currently pending before the commencement of this Act.

Section 4. Effective date.

This Act shall take effect on the date of certification in accordance with Article IV of the Constitution and Rules and Procedures of the Nitijela.

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