Act of the Czech Republic on the Nationality of Some of the Former Czechoslovak Nationals (1999) (English)
ACT
of 193/1999
on the nationality of some of the former Czechoslovak nationals
The Parliament, trying to reduce the consequences of some of the wrongs which occurred during the period of 1948 to 1989 and acknowledging that Czechs living abroad and fellow countrymen have been instrumental in maintaining and fostering our national cultural heritage as well as in promoting affiliation relationships with the Czech Republic and that the Czech emigration developed in exile significant spiritual, political and cultural activities aiming to support the restoration of freedom and democracy in their homeland and that these activities merit extraordinary appreciation, passed the following Act of the Czech Republic:
§ 1
( 1 ) Any natural person who lost the nationality of the Czechoslovak Republic, the Czechoslovak Socialist Republic, the Czech Socialist Republic or the Czech Republic during the period of 25th of February 1948 to 28th of March 1990 by being released 1) from the state relationship or in connection with acquisition of the nationality of another country with which the Czech Republic had or has an agreement regulating the question of prevention dual nationality 2) ("former national" hereinafter) is entitled to acquire the nationality of the Czech Republic by statement of nationality of the Czech Republic ("statement" hereinafter) unless the aforesaid international agreement does not state otherwise.
Footnotes
1) § 32 of the General Civil Code, Imperial Decree no.946 of 1st June 1811.
Emigration Decree of 24 th March 1832 Coil. of Pol. Acts, volume 60, no.34 Act no. 71/1922 CoIl. on emigration, § 1
Act. no. 194/1949 CoIl. on acquisition and loss of the Czechoslovak nationality, § 6 as amended by subsequent regulations
Act no. 39/1969 CoIl. on acquisition and loss of the nationality of the Czech Soci- alist Republic, § 14
Act no. 88/1990 CoIl., Art. I', item 1, letter b) which amends regulations concerning the acquisition and the loss of the Czechoslovak nationality
2) Including, but not limited to the Naturalization Convention between
Czechoslovakia and the united States of America no. 169/1929 CoIl. and the Act no. 60/1930 Coil. (voided by the communication no. 229/1997 Coil.).
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(2) Such former national shall prove his or her identity and include the following information in his or her statement:
a) when and how he or she lost the nationality
b) place of last permanent residence on the territory of the Czech Republic; if a former national did not have such residence he or she shall mention it
(3) Such former national shall attach the following documents to his or her statement:
a) a certificate of release from the state relationship or a ruling given to withdraw his or her nationality and/or a certificate of naturalization in the United States of America
b) birth certificate
c) marriage certificate if such former national is a married, divorced or widowed person
d) if applicable a written evidence to prove the correct form of his or her surname
(4) Such former national can make a statement on his or her own at the earliest on the day when he or she is 18 years of age.
§2
( 1) Such former national can include a natural person under 18 years of age ("child" hereinafter) in his or her statement made under § 1 even if such child is not a former national.
(2) In the case referred to under the indented section 1 such former national shall attach the following documents to his or her statement:
a) birth certificate for the child
b) consent given by the other parent for the child to acquire the nationality of the Czech Republic unless the performance of the other parent's custody has been limited or suspended and/or the other parent has been withdrawn his or her custody of the child or his or her own legal capacity.
c) consent given by the child if he or she is 15 years of age on the day of lodging the statement
§3
( 1) The competent authority to receive a statement shall be the respective diplomatic representation of the Czech Republic ("diplomatic representation" hereinafter) or a District council, a Prague District or Local Council and the Town Councils of Brno, Ostrava and Plzen ("Council" hereinafter).
2) If a statement is made in the Czech Republic the competent authority to receive it shall be the Council corresponding to the place where the person making the statement has his or her permanent residence on the territory of the Czech Republic; if he or she does not have such residence the competent authority shall be the Council corresponding to the place of last permanent residence of such person on the territory of the Czech republic. If the person making the statement has never had permanent residence on the territory of the Czech Republic the competent authority shall be the District Council of Prague 1.
(3) Any diplomatic representation that has received a statement shall pass it to the competent Council (including any attached written evidence).
§4
The Council shall check if the conditions for a statement that are set out herein are met; provided that these conditions are met the Council shall issue a certificate of acquisition of nationality of the Czech Republic. Otherwise the Council shall rule that it rejects the statement.
§5
The statement under § 1 may be made within five years from the day when this Act takes effect, otherwise the right shall lapse.
§6
(1) The statement under § 1 may be made by:
a) a former national who was not a national of the Czech Socialist Republic or the Czech Republic and who would have become a national of the Slovak Socialist Republic on the 1 st of January 1969 or
b) a former national of the Slovak Socialist Republic who lost this nationality by release from the state relationship or by naturalization in the United States of America during the period of 2Sth of February 1948 to 28th of March 1990, provided that his or her parents became or would have become nationals of the Czech Socialist Republic on the 1 st of January 1969 or he/she had permanent residence on the territory of the Czech Socialist Republic or the Czech Republic at the moment of leaving the country unless he or she is a national of the Slovak Republic on the day of making his or her statement.
(2) The following written evidence shall be attached(by such former national)to the statement: the written evidence referred to under § 1 indented section 3 and as the case may be a certificate of release from the state relationship concerning the Slovak Socialist Republic or the Slovak Republic and/or a ruling given to withdraw the nationality of this Republic and a written evidence proving that he or she is not a national of the Slovak Republic.
§7
This Act does not apply to a former national who was not a national of the Czech Socialist Republic or the Czech Republic and who
a) would have become a national of the Slovak Socialist Republic on the 1st of January 1969 if he or she does not meet the conditions referred to under § 6 or
b) acquired the nationality of the Slovak Socialist Republic or the Slovak Republic during the period of 1 st of January 1969 until the day when this Act takes effect and is still such national.
§8
The nationality of the Czech Republic shall be acquired on the day of issuing the certificate under § 4.
§9
Any acquisition of the nationality of the Czech Republic shall be notified by the Council to the following authorities:
a) the office keeping records of permanent residents corresponding to the permanent residence or as the case may be the last permanent residence(of the former national)in the Czech Republic
b) the Police of the Czech Republic
c) the respective territorial Military Registration and Enlistment Office if the former national is a person subject to enlistment obligation and
d) the Ministry of Interior
§ 10
The written evidence to be attached to a statement made under § 1 indented section 3 that was provided by the authorities of a foreign country shall include the following:
a) required authentication 3) unless an international agreement passed and promulgated by the Parliament that is binding for the Czech Republic does not provide otherwise
b) authenticated translation into Czech language 4) if the written evidence is provided in a foreign language unless an international agreement passed and promulgated by the Parliament that is binding for the Czech Republic does not provide otherwise.
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Footnotes
3) § 52, Act No. 97/1963 Coil. on international private and procedual law as amended by subsequent regulations
4) Act. No. 36/1967 Coil. on experts and interpreters
Agreement between the Czech Republic and the Slovak Republic regulating some issues concerning the registry offices and nationality (No. 235/1995 Coil.).
§11
( 1) If the person making a statement does not have a certificate of release from the state relationship or a ruling given to withdraw his or her nationality the Council shall check the required information through the official channels.
(2) The Council need not insist on providing the items referred to under § 1 indented section 3 letters b) to d) if their obtaining should be connected with an obstacle that is difficult to overcome. On the same grounds, the Council need not insist on authenticating of such items under § 10 letter a).
§ 12
Statements made hereunder shall not be subject to administrative fees.
§13
(1) Any procedures hereunder shall be regulated by the administrative Code 5 unless this Act provides otherwise.
(2) If statement is accepted no administrative ruling shall be given.
§ 14
This Act shall take effect on the day of its promulgation.
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Footnote
5) Act no. 71/1967 Coil. on administrative procedures(,Administrative code'}.