zen of the United States on the ground that his parent or parents were citizens of the United States at the time of his birth outside the United States, application for a certificate of citizenship shall be made by the applicant on Form N600-A The application shall be submitted either in person or by mail to the immigration and naturalization office located nearest the applicant's place of residence. The application shall be signed by the applicant, or in the case of a child under the age of 18 years by his parent or guardian, when submitted, but shall not be subscribed and sworn to or affirmed until the applicant appears before an officer of the Immigration and Naturalization Service for examination upon the merits of his application. The application shall be accompanied by a United States postal money order in the sum of $5. payable to the "Commissioner of Immigration and Naturalization, Washington, D. C." Cash shall not be accepted The application shall also be accompanied by the originals of such documentary evidence, or pertinent excerpts therefrom if the documents are lengthy or bulky, as the applicant may have or be able to obtain relating to the date and place of his birth, the date and place of the marriage of his parents, the date and place of marriage of applicant if the applicant be a woman, or any other documents tending to establish the claimed citizenship. The applicant shall not be required to furnish a translation of any such documents written in a foreign language. If the applicant desires any such documents returned to him after final action has been taken in his case, his application should also be accompanied by photostatic, photographic, or typewritten copies of such documents except that no copy of any sort may be made of any original or copy of a declaration of intention or certificate of naturalization or citizenship or any part thereof. The applicant must submit three photographs in accordance with the requirements of Part 364 of this chapter. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) § 379.3 Attorneys. Attorneys and other persons qualified to practice before the Immigration and Naturalization Service, who represent applicants for certificates of citizenship under section 339 of the Nationality Act of 1940, as amended, shall be permitted, upon com pletion of the application and examination of the applicant and his witnesses, to review the record either before it is forwarded to the Central Office or thereafter, and prior to final decision. Such attorneys and other practitioners may submit briefs, and, upon sufficient notice, shall be given opportunity to present oral argument before the Central Office. When final decision is made in a case, the attorney or other person representing the applicant shall be entitled to notification of such action. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) § 379.4 Procedure upon receipt of application. If the application is not properly prepared, or does not present a prima facie case, it shall be returned for correction or completion, and shall not be accepted until properly prepared. When an application is submitted, but the nature of the documentary evidence therewith is not reasonably adequate to support the application, the field office may defer acceptance thereof. In the latter event, the application, money order, photographs, and documentary evidence, and any copies of evidence shall be returned to the applicant with a request for submission of more substantial evidence. If the application is thereafter submitted accompanied by satisfactory evidence, or is so submitted with the statement that further evidence cannot be obtained, the field office shall accept it for further consideration. The applicant shall thereafter be informed when and where he and his witnesses will be examined upon the merits of his application. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) § 379.5 Proof. The applicant shall establish to the satisfaction of the Commissioner that he is a citizen of the United States, that he derived such citizenship through the naturalization of a parent or parents or through the naturalization or citizenship of a husband, or that he acquired such citizenship through birth outside the United States at a time when his parent or parents were citizens of the United States. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) § 379.6 Examination and evidence. The examining officer shall orally review the application with the applicant, or in the case of a child under the age of eighteen years, with the parent or guardian, before administering the oath. Any necessary changes in the application shall be consecutively numbered and acknowledged in writing by the applicant or the parent or guardian. The applicant and the person or persons through whom applicant claims to have derived or acquired citizenship then shall be questioned under oath by the examiner for the purpose of identification and to clarify any points in controversy on the basis of the information submitted in the application. If the sworn application form, supporting documentary evidence, records of the Service, the testimony of the person or persons through whom citizenship is claimed, and the testimony of the applicant, or the parent or guardian if applicant be a child under the age of eighteen years, establish applicant's claim to citizenship, no other witnesses shall be required. Otherwise, such number of credible witnesses, preferably citizens of the United States, as may be deemed necessary shall be questioned under oath by the examiner concerning the facts of applicant's alleged citizenship. If the person or persons through whom the applicant claims citizenship are deceased or otherwise not available, the testimony customarily required of such person or persons may be furnished by qualified witnesses. The testimony heard shall not be reduced to writing in verbatim form except in cases where neither primary nor secondary documentary evidence is available to establish such essential fact concerning applicant's citizenship and except in cases where it appears that criminal proceedings might be instituted as a result of perjured statements. Any facts deemed necessary to the examination relating to the birth, death, marriage, divorce, or identity of any person involved therein shall be established by official copies of public records or church records if such copies are available or can be obtained. If the examining officer is satisfied that the applicant has made a reasonable effort to procure such documentary evidence and that it is not available or cannot be procured without undue hardship to such applicant, the examining officer may receive and consider any other evidence which the applicant may present. The burden of proof to establish his citizenship shall at all times be upon the applicant. In presenting his proof, the applicant shall 625507-45--SUPP. VII-BK. 1- -35 be entitled to the benefit of any records concerning him which are in the custody of the Service and copies of, or information from, any such records may be made available to the officer of the Service passing upon the application, without payment of fee by the applicant. When no longer required, the original documents submitted by applicant shall be returned to the applicant if photostatic or other copies thereof have been supplied by him for the record. If the examiner is satisfied as to the authenticity of the documents and is satisfied that such photostatic or other copies are true and correct, he shall return the original documents to the applicant at the conclusion of the examination and incorporate the copies into the record which is submitted to the Central Office. (Sec. 339, 54 Stat. 1160, as amended by sec. 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) § 379.7 Record; recommendation; review. Upon completion of the examination, the examining officer shall prepare a report of his findings on Form N-635 or Form N-635-A as to each of the essential facts to be established in the proceeding, together with his recommendation and any comment he deems necessary. Where any issue of law or fact is raised by the evidence, the examining officer shall summarize the evidence and prepare a report thereon to accompany the Form N-635 or Form N-635-A. If the original documents were returned to the applicant at the conclusion of the examination, the examiner shall place a notation on Form N-635 or Form N635-A showing that the copies were compared with such original documents and were found satisfactory and that the original documents were returned to the applicant. If denial of the application is recommended, a statement shall be made of the supporting grounds, and reason therefor. When recommendation to grant the application is based principally on documentary evidence, that fact shall be stated; otherwise, a brief statement of the facts and circumstances in evidence considered sufficient to justify action recommended shall be made. The record, supporting documents, photographs, and the findings and recommendation of the examining officer shall then be forwarded to the district director. That officer or an officer designated by him for that purpose, shall thereupon review the record, both as to procedural Page 535 requirements and the findings and recommendation, and shall himself, or through his designated substitute, make his recommendation on Form N-635 or Form N-635-A. If such review leads to a different recommendation from that of the examining officer, the reasons therefor shall be stated in writing. The entire record shall then be submitted to the Central Office. (Sec. 339, 54 Stat. 1160, as amended by sec 3, act of Jan. 20, 1944, Pub. Law 221, 78th Cong.; 8 U.S.C. 739) the § 379.8 Final disposition. If Commissioner is satisfied from the record and accompanying documents that the applicant is entitled to receive a certificate of citizenship, an order to that effect will be entered. If the applicant has assumed or is known by a name other than his true name but has not had his name changed in accordance with the law of the jurisdiction where he assumed the new name, and, therefore, is not legally entitled to use the assumed name, the certificate of citizenship shall be issued in the applicant's true name followed by the words "also known as" followed by the assumed name, but in such a case the applicant shall be required to sign only his true name on the certificate and on the photographs submitted with his application. The certificate shall be issued by the Commissioner or a Deputy Commissioner in duplicate and shall be forwarded to the field office in which the application originated for signature by the applicant, or in the case of a child under eighteen years of age by his parent or guardian. The applicant shall, unless he is too young to understand the meaning thereof, take and subscribe to, before a member of the Service, the oath of renunciation and allegiance prescribed by section 335 of the Nationality Act of 1940. Thereafter personal delivery of the original of the certificate shall be made to the applicant, or in the case of a child under eighteen years of age to his parent or guardian, who shall sign a receipt therefor. The applicant shall be furnished with the certificate only if such individual is at the time within the United States. (Secs. 335, 339, 54 Stat. 382.5 New papers; by whom issued; forms; numbering. [Amended] § 382.5 New papers; by whom issued; forms; numbering. Any new declaration of intention shall be upon Form N-321, N-322, or N-323, and any new certificate of naturalization or of citizenship upon Form N-570. [Second sentence amended Oct. 12, 1944, effective Sept. 28, 1944, 9 F.R. 12950] PART 385-REVOCATION OF RECORDS CREATED AND OF NATURALIZATION AND CITIZENSHIP DOCUMENTS ISSUED BY THE COMMISSIONER Sec. 385.1 Report and notice. [Amended] § 385.1 Report and notice. If, at any time after a certificate of lawful entry has been issued under Part 362, or a certificate of naturalization has been issued under Part 378, or a certificate of citizenship has been issued under Part 379, or a special certificate of naturalization has been issued under Part 380, or a new certificate in changed name or a new declaration of intention or a new certificate of naturalization or of citizenship has been issued under Part 382, or a new certified copy of the proceedings has been issued under § 382.6 or § 383.6, evidence becomes available to a district director of Immigration and Naturalization indicating that such record or document was obtained illegally or fraudulently, a complete report shall be promptly submitted to the Central Office by the district director, with comment and recommendation. [First sentence amended effective June 24, 1944, 9 F.R. 7043] 503.13-4 Works subject to copyright; nonapplicability to transactions by or with Custodian. [Added] Report of royalties due and payable to the Allen Property Custodian under vested patent rights. [Amended] Extension of time for filling notices of claim under vesting orders. [Amended] 503.21 503.27 503.30 503.31 503.32 Investigation of property owned by Prohibition of transactions and ap- Limitations on representative ac- AUTHORITY: §§ 503.11-2 to 503.32, appearing in this Supplement, issued under 40 Stat. 411, as amended; 50 U.S.C. App., Sup., 616. E.O. 9193; 3 CFR Cum. Supp. § 503.11-2 Licensing transactions involving patents and trademarks. (a) (1) The filing in the United States Patent Office of applications for Letters Patent and for Trademark Registration (except such applications received directly or indirectly from enemy nationals on or after November 17, 1942) and the prosecution in the United States Patent Office of applications for Letters Patent and for Trademark Registration in which a designated foreign country or a national thereof has at any time on or since the effective date of Executive Order No. 8389, as amended, had any interest, and the receipt of Letters Patent or Trademark Registration certificate granted pursuant to any such application, Provided, (1) That if the person filing or prosecut Part 508 Special regulations. [Added] ing any such application or acting as attorney or agent in connection therewith has any knowledge, information or belief concerning any instrument, agreement or understanding affecting title to, or granting any interest in, including licenses under, any such application, he shall record under the provisions of paragraph (a) (2) hereof, the instrument, agreement or understanding, if it is in his possession or control and recordable, or, if it is not in his possession or control or not recordable, he shall, at the time of filling the application or the first paper filed therein in the United States Patent Office after the date of this amended regulation (unless a report on Form APC-13P or APC-13T has previously been filed with respect to such application), fille directly with the Alien Property Custodian a report on Form APC-13P for patents or Form APC-13T for trademarks, setting forth under oath the information called for therein, except that such report need not be executed under oath in cases where the person reporting is an attorney or agent registered in the United States Patent Office, if such attorney or agent certifies that the statements made therein are true and complete to the best of his knowledge and belief; (ii) That the person filing or prosecuting any such application shall notify the Patent Office in writing (unless he has already so notified the Patent Office) that the application is being filed and prosecuted pursuant to this amended regulation; and (iii) That such filing, prosecution or receipt involves no communication, direct or indirect, to an enemy national. [Subparagraph (1) amended Sept. 14, 1944, 9 FR. 11461] [Preceding subparagraph, in small type, superseded by following subparagraph during period covered by this Supplement] (1) The filing in the United States Patent Office of applications for letters patent and for trademark registration (except such applications received directly or indirectly from enemy nationals on or after November 17, 1942) and the prosecution in the United States Patent Office of applications for letters patent and for trademark registration in which a designated foreign country or a national thereof has at any time on or since the effective date of Executive Order No. 8389, as amended, had any interest, and the receipt of letters patent or trademark registration certificate granted pursuant to any such application; Provided: (i) That if the person filing or prosecuting any such application or acting as attorney or agent in connection therewith has any knowledge, information or belief concerning any instrument, agreement or understanding affecting title to, or granting any interest in, including licenses under, any such application, he may record under the provisions of pargraph (a) (2) hereof, the instrument, agreement or understanding, if it is in his possession or control and recordable, or, if he has such knowledge, information or belief and does not record the instrument, agreement or understanding, he shall, at the time of filing the application or the first paper filed therein in the United States Patent Office after the date of this amended regulation (unless a report on Form APC-13P or APC13T has previously been filed with respect to such application), file directly with the Alien Property Custodian a report on Form APC-13P for patents or Form APC-13T for trademarks, setting forth under oath the information called for therein, except that such report need not be executed under oath in cases where the person reporting is an attorney or agent registered in the United States Patent Office, if such attorney or agent certifies that the statements made therein are true and complete to the best of his knowledge and belief; (ii) That the person filing or prosecuting any such application shall notify the Patent Office in writing (unless he has already so notified the Patent Office) that the application is being filed and prosecuted pursuant to this amended regulation; and (iii) That such filing, prosecution or receipt involves no communication, direct or indirect, to an enemy national, And provided, further, (iv) That nothing contained herein shall relieve any person executing any instrument under the authorization of paragraph (a) (2) of this section from the requirement of recording such instrument set forth in paragraph (a) (2) (i). [Subparagraph (1) amended Nov. 6, 1944, 9 F.R. 13282] § 503.11-5 Patents and trademarks; further provisions exempting certain persons from the prohibitions of § 503.11. Any partnership, association, corporation or other organization which is organized under the laws of the United States, or of any of them, or any resident of the United States, shall, for the purpose of receiving an assignment of a United States patent or patent application or of an undivided interest therein, be regarded, as a person within the United States who is not a national of any foreign country designated in section 3 of Executive Order No. 8389, as amended, except as such organization or person shall be specifically excluded by the Alien Property Custodian from the effect of this section, by further regulation under § 503.11. [G.O. 11, Reg. 5, Sept. 14, 1944, 9 F.R. 11462] § 503.11-6 Applications for patents; non-exclusive licenses. For the purposes of 503.11, a non-exclusive license under an application for patent, arising by virtue of an agreement validly entered into before the filing of such application (if such filing takes place after the date of this section), to any partnership, association, corporation or other organization which is organized under the laws of the United States, or any of them, or any resident of the United States, shall not be considered to be a past or present interest of any foreign country or any national thereof in such patent application or in any patent issuing thereon. [G.O. 11, Reg. 6, Nov. 6, 1944, 9 F.R. 13282] § 503.13-4 Works subject to copyright; non-applicability to transactions by or with custodian. The prohibitions of § 503.13 shall not apply to any transactions by or with the Custodian. [G.O. 13, Reg. 4, June 24, 1943, 9 F.R. 10349] § 503.18 Report of royalties due and payable to the Alien Property Custodian under vested patent rights. CODIFICATION: Wherever the words "Office of Alien Property Custodian, Chicago office, Chicago, Illinois" appear in paragraphs (a), (b), and (c) of § 503.18, the words "Office of Alien Property Custodian, New York office, New York, New York" were inserted, by Regulation, Alien Property Custodian, July 22, 1944, effective July 26, 1944, 9 F.R. 8975. § 503.21 Extension of time for filing notices of claim under vesting orders. CODIFICATION: In § 503.21 the time for filing notices of claim was extended to Aug. 1, 1944, by General Order 21, Mar. 15, 1944. |