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Part IV-MISCELLANEOUS

$ 1487. Loss of American nationality through parents'

expatriation; not effective until persons attain

age of twenty-five years. A person having United States nationality, who is under the age of twenty-one and whose residence is in a foreign state with or under the legal custody of a parent who hereafter loses United States nationality under section 1482 or 1484 of this title, shall also lose his United States nationality if such person has or acquires the nationality of such foreign state: Provided, That, in such case, United States nationality shall not be lost as the result of loss of United States nationality by the parent unless and until the person attains the age of twenty-five years without having established his residence in the United States. (June 27, 1952, ch. 477, title III, ch. 3, § 355, 66 Stat. 272.)

$ 1501. Certificate of diplomatic or consular officer of

United States as to loss of American nationality. Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality under any provision of Part 3 of this subchapter, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. June 27. 1952, ch. 477, title III, ch. 3, $ 358, 66 Stat. 272.)

EFFECTIVE DATE Section as effective 180 days after June 27, 1952, see note set out under section 1101 of this title.

CROSS REFERENCES Definition of the term

Foreign state, see section 1101 (a) (14) of this title.

National of the United States, see section 1101 (a) (22) of this title.

Parent, as used in subchapters I and II of this chapter, see section 1101 (b) (2) of this title.

Parent, as used in this subchapter, see section 1101 (C) (2) of this title.

Residence, see section 1101 (a) (33) of this title.

REFERENCES IN TEXT Chapter IV of the Nationality Act of 1940, as amended, referred to in the text, was classified to former sections 800-810 of this title and was repealed by section 403 (a) (42) of act June 27, 1952.

CROSS REFERENCES Definition of the term

Attorney General, see section 1101 (a) (5) of this title.

Consular officer, see section 1101 (a) (9) of this title.

Foreign state, see section 1101 (a) (14) of this title.

National of the United States, see section 1101 (a) (22) of this title.

$ 1188. Nationality lost solely from performance of

acts or fulfillment of conditions. The loss of nationality under this Part shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Part. (June 27, 1952, ch. 477, title III, ch. 3, § 356. 66 Stat. 272.)

CROSS REFERENCES Definition of the term national, see section 1101 (a) (21) of this title.

8 1459. Application of treaties; exceptions.

Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate upon the effective date of this subchapter: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwithstanding the provisions of any existing treaty or convention. (June 27, 1952, ch. 477, title III, ch. 3, § 357, 66 Stat. 272.)

$ 1502. Certificate of nationality issued by Secretary of

State for person not a naturalized citizen of United

States for use in proceedings of a foreign state. The Secretary of State is authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings in a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the judicial or administrative officers of the foreign state in which it is to be used. (June 27, 1952, ch. 477, title III, ch. 3, 359, 66 Stat. 273.)

CROSS REFERENCES
Definition of the term-

Foreign state, see section 1101 (a) (14) of this title.
United States, see section 1101 (a) (38) of this title.

National of the United States, see section 1101 (a) (22) of this title.

United States, see section 1101 (a) (38) of this title.

EFFECTIVE DATE Subchapter as efiective 180 days after June 27, 1952, see note set out under section 1101 of this title.

CROSS REFERENCES Definition of the term

Alien. see section 1101 (a) (3) of this title.

Ineligible to citizenship, see section 1101 (a) (19) of this title.

National of the United States, see section 1101 (a) (22) of this title.

Residence, see section 1101 (a) (33) of this title.
United States, see section 1101 (a) (38) of this title.

$ 1503. Denial of rights and privileges as national. (a) Proceedings for declaration of United States

nationality. If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an

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action under the provisions of section 2201 of Title 28 against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a national of the United States (1) arose by reason of, or in connection with any exclusion proceeding under the provisions of this chapter or any other act, or (2) is in issue in any such exclusion proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the district in which such person resides or claims a residence, and jurisdiction over such officials in such cases is conferred upon those courts. (b) Application for certificate of identity; appeal.

If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Secretary of State shall prescribe

rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent. (c) Application for admission to United States under

certificate of identity; revision of determination, A person who has been issued a certificate of identity under the provisions of subsection (b) of this section, and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this chapter relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdietion in habeas corpus proceedings and not otherwise. Any person described in this section who is finally excluded from admission to the United States shall be subject to all the provisions of this chapter relating to aliens seeking admission to the United States. (June 27, 1952, ch. 477, title III, ch. 3, $ 360, 66 Stat. 273.)

CROSS REFERENCES Definition of the term

Alien, see section 1101 (a) (3) of this title.

Application for admission, see section 1101 (a) (4) of this title.

Attorney General, see section 1101 (a) (9) of this title,

Consular officer, see section 1101 (a) (9) of this title.

National of the United States, see section 1101 (a) (22) of this title.

Residence, see section 1101 (a) (33) of this title.
United States, see section 1101 (a) (38) of this title.

TITLE 9.-ARBITRATION

This title was enacted into law by act July 30, 1947, ch. 392, § 1, 61 Stat. 669.

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FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. $ 1. “Maritime transactions" and "commerce" defined;

exceptions to operation of title. "Maritime transactions", as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; "commerce", as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. (July 30, 1947, ch. 392, 61 Stat. 670.)

DERIVATION Act Feb. 12, 1925, ch. 213, § 1, 43 Stat. 883.

TABLE Showing where former sections of Title 9 and the laws from which such former sections were derived, have been incorporated in revised Title 9. Title 9

Title 9 former Revised Statutes

new sections Statutes at Large

sections 1.---- Feb. 12, 1925, ch. 213, $ 1, 43 Stat. 883.

1 2.. Feb. 12, 1925, ch. 213, $ 2, 43 Stat. 883.

2 3. Feb. 12, 1925, ch. 213, $ 3, 43 Stat. 883.

3 4. Feb. 12, 1925, ch. 213, 84, 43 Stat. 883.

4 5.. Feb. 12, 1925, ch, 213, 85, 43 Stat. 884.

5 6. Feb. 12, 1925, ch. 213, $ 6, 43 Stat. 884:

6 7. Feb. 12, 1925, ch, 213, 87, 43 Stat. 884.

7 8. Feb. 12, 1925, ch. 213, § 8, 43 Stat. 884.

8 9. Feb. 12, 1925, ch. 213, $ 9, 43 Stat. 885.

9 10. Feb. 12, 1925, ch. 213, $ 10, 43 Stat. 885.

10 11. Feb. 12, 1925, ch. 213, $ 11, 43 Stat. 885.

11 12. Feb. 12, 1925, ch. 213, § 12, 43 Stat. 885.

12 13. Feb. 12, 1925, ch. 213, $ 13, 43 Stat. 886.

13 14. Feb. 12, 1925, ch. 213, $ 14, 43 Stat. 886.. Rep. 15. .Feb. 12, 1925, ch. 213, & 15, 43 Stat. 886.-- 14

POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 392, 61 Stat. 669, which provided in part that: "title 9 of the United States Code, entitled 'Arbitration', is codified and enacted into positive law and may be cited as '9 U. S. C., $ --'"

REPEALS Section 2 of act July 30, 1947, ch. 392, 61 Stat. 669, provided that the sections or parts thereof of the Statutes at Large covering provisions codified in this Act, insofar as such provisions appeared in former title 9 were repealed and provided that any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal. Sec. 1. "Maritime transactions" and "commerce" defined;

exceptions to operation of title. 2. Validity, irrevocability, and enforcement of agree

ments to arbitrate. 3. Stay of proceedings where issue therein referable to

arbitration. 4. Failure to arbitrate under agreement; petition to

United States court having jurisdiction for order to compel arbitration; notice and service thereof;

hearing and determination. 5. Appointment of arbitrators or umpire. 6. Application heard as motion. 7. Witnesses before arbitrators; fees; compelling at

tendance. 8. Proceedings begun by libel in admiralty and seizure

of vessel or property. 9. Award of arbitrators; confirmation; jurisdiction;

procedure.
Same; vacation; grounds; rehearing.

Same; modification or correction; grounds; order. 12. Notice of motions to vacate or modify; service; stay

of proceedings. 13. Papers filed with order on motions; judgment;

docketing; force and effect; enforcement. 14. Contracts not affected.

CROSS REFERENCES Arbitration of disputes between carriers and employees, see sections 157-159 of Title 45, Railroads.

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82. Validity, irrevocability, and enforcement of agree

ments to arbitrate. A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (July 30, 1947, ch. 392, 61 Stat. 670.)

DERIVATION Act Feb. 12, 1925, ch. 213, 82, 43 Stat. 883. § 3. Stay of proceedings where issue therein referable

to arbitration. If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for

10. 11.

action under the provisions of section 2201 of Title 28 against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a national of the United States (1) arose by reason of, or in connection with any exclusion proceeding under the provisions of this chapter or any other act, or (2) is in issue in any such exclusion proceeding. An action under this subsection may be instituted only within five years after the final administrative denial of such right or privilege and shall be filed in the district court of the United States for the district in which such person resides or claims a residence, and jurisdiction over such officials in such cases is conferred upon those courts. (b) Application for certificate of identity; appeal.

If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The tary of State shall prescribe

rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent. (c) Application for admission to United States under

certificate of identity; revision of determination. A person who has been issued a certificate of identity under the provisions of subsection (b) of this section, and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this chapter relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this section who is finally excluded from admission to the United States shall be subject to all the provisions of this chapter relating to aliens seeking admission to the United States. (June 27, 1952, ch. 477, title III, ch. 3, $ 360, 66 Stat. 273.)

CROSS REFERENCES

Definition of the term

Alien, see section 1101 (a) (3) of this title.

Application for admission, see section 1101 (a) (4) of this title.

Attorney General, see section 1101 (a) (9) of this title.

Consular officer, see section 1101 (a) (9) of this title.

National of the United States, see section 1101 (a) (22) of this title.

Residence, see section 1101 (a) (33) of this title.
United States, see section 1101 (a) (38) of this title.

TITLE 9.-ARBITRATION

This title was enacted into law by act July 30, 1947, ch. 392, § 1, 61 Stat. 669.

FEDERAL RULES OF CIVIL PROCEDURE Application of Rules, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.

10

12

TABLE Showing where former sections of Title 9 and the laws from which such former sections were derived, have been incorporated in revised Title 9. Title 9

Title 9 former Revised Statutes

new sections Statutes at Large

sections 1.---- Feb. 12, 1925, ch. 213, $ 1, 43 Stat. 883.

1 2.. Feb. 12, 1925, ch. 213, 2, 43 Stat. 883

2 3. Feb. 12, 1925, ch. 213, $ 3, 43 Stat. 883

3 4. Feb. 12. 1925, ch. 213, $ 4, 43 Stat. 883

4 5 Feb. 12, 1925, ch. 213, 85, 43 Stat. 884.

5 6. Feb. 12, 1925, ch. 213, § 6, 43 Stat, 884:

6 7. Feb. 12, 1925, ch. 213, 87, 43 Stat. 884.

7 8. Feb. 12, 1925, ch. 213, $ 8, 43 Stat. 884.

8 9. Feb. 12, 1925, ch. 213, $ 9, 43 Stat. 885_

9 10. Feb. 12, 1925, ch. 213, § 10, 43 Stat. 885.-11. Feb. 12, 1925, ch. 213, $ 11, 43 Stat. 885.-

11 12. Feb. 12, 1925, ch. 213, § 12, 43 Stat. 885.-13. Feb. 12, 1925, ch. 213, $ 13, 43 Stat. 886--- 13 14. Feb. 12, 1925, ch. 213, $ 14, 43 Stat. 886.-. Rep. 15.---- Feb. 12, 1925, ch. 213, $ 15, 43 Stat. 886.-- 14

POSITIVE LAW; CITATION This title has been made positive law by section 1 of act July 30, 1947, ch. 392, 61 Stat. 669, which provided in part that: “title 9 of the United States Code, entitled 'Arbitration', is codified and enacted into positive law and may be cited as '9 U. S. C., § -'"

REPEALS Section 2 of act July 30, 1947, ch. 392, 61 Stat. 669, provided that the sections or parts thereof of the Statutes at Large covering provisions codified in this Act, insofar as such provisions appeared in former title 9 were repealed and provided that any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal. Sec. 1. "Maritime transactions" and "commerce" defined;

exceptions to operation of title. 2. Validity, irrevocability, and enforcement of agree

ments to arbitrate. 3. Stay of proceedings where issue therein referable to

arbitration. 4. Failure to arbitrate under agreement; petition to

United States court having jurisdiction for order to compel arbitration; notice and service thereof;

hearing and determination, 5. Appointment of arbitrators or umpire. 6. Application heard as motion. 7. Witnesses before arbitrators; fees; compelling at

tendance. . Proceedings begun by libel In admiralty and seizure

of vessel or property. 9. Award of arbitrators; confirmation; jurisdiction;

procedure. 10. Same; vacation; grounds; rehearing. 11. Same; modification or correction; grounds; order. 12. Notice of motions to vacate or modify; service; stay

of proceedings. 13. Papers filled with order on motions; judgment;

docketing; force and effect; enforcement. 14. Contracts not affected.

CROSS REFERENCES Arbitration of disputes between carriers and employees, see sections 157-159 of Title 45, Railroads.

Page 945

§ 1. "Maritime transactions" and "commerce" defined;

exceptions to operation of title. "Maritime transactions”, as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; "commerce”, as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. (July 30, 1947, ch. 392, 61 Stat. 670.)

DERIVATION Act Feb. 12, 1925, ch. 213, § 1, 43 Stat. 883. 82. Validity, irrevocability, and enforcement of agree

ments to arbitrate. A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (July 30, 1947, ch. 392, 61 Stat. 670.)

DERIVATION Act Feb. 12, 1925, ch. 213, $ 2, 43 Stat. 883. § 3. Stay of proceedings where issue therein referable

to arbitration. If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for

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