Certificate of Loss of Nationality
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The Certificate of Loss of Nationality or CLN is an American form that formally declares that a US citizen has successfully renounced his or her US citizenship. The CLN is part of the USA's Immigration and Nationality Act of 1952.
In order for a renunciation of citizenship to be proper, three of the criteria that must be met are that:
- the citizen has unequivocally admitted in writing an intent to lose US citizenship
- the renunciation was made at a US diplomatic office outside the US before a US diplomatic officer
- and that it must be made voluntarily
Grounds for arguing that renunciation was not voluntary are financial hardship (e.g. the need to get a job in another country) or family pressure.
Alternatively, the State Department may argue that US citizenship has been surrendered due to the person making an oath of allegiance to a foreign state voluntarily and with the intent to relinquish US citizenship, such that the person has
- signed an oath of allegiance to the foreign state, renouncing allegiance to all other states, and
- the person is clear that they know exactly what they are doing.
Commonly a CLN is issued at a United States Embassy in exchange for the United States Passport. To raise the likelihood of successful renunciation it would appear that all five bulleted criteria should a) be met and b) be sworn by official witnesses to have occurred. Case law shows that in order to avoid further legal complications it is vital to obtain a CLN, and not just meet the criteria.
What is not clear is whether the US Embassy would co-operate and issue the CLN if they believed that the US citizen was actually or potentially wanted in the US to serve military service under a draft. Further aggravating the clarity of the situation is the customary US practice of allowing dual nationality with certain states (such as Israel and the UK) which work closely with the US. There is case law (Carter v Rubin) finding "it is the Government which decides for the people, not the individual who decides for himself, when a person is in fact a citizen of the US".
