The Citizenship and Ambassadorship Reform Act (2016)
May 26, 2019 19:37:59 GMT
Post by George Stewart on May 26, 2019 19:37:59 GMT
The Citizenship and Ambassadorship Reform Act (2016)
An Act to modernise the process of approving new citizens and ambassadors.
The Parliament assembled, by and with the grace of HM King Charles III, hereby repeals the Citizenship Reform Act (2013) and enacts in lieu thereof as follows:
I. Short Title
(1) The Act may be cited as the "Citizenship Act."
II. Entry into United Kingdom
(1) Except where a law, treaty, or court order provides otherwise, no person shall be prohibited or prevented from moving a nation into the in-game region.
(2) Any person with a nation lawfully present in the in-game region shall be a "resident" of United Kingdom.
(3) Except where a law, treaty, or court order provides otherwise, any person may register an account on the off-site forum maintained by the government of United Kingdom. Upon lawful registration, an account holder shall be designated an "immigrant."
III. Citizenship
(1) A "citizen" of United Kingdom is any person who has been lawfully granted citizenship status pursuant to this Article. A citizen shall have (a) a general right of access to all non-password-protected areas in the off-site forum, subject to any relevant laws, rules, or regulations, and (b) full protection under the laws and Constitution of United Kingdom.
(2) Any person may apply for citizenship status by filing an application to be promulgated by HM Government. Such application may contain questions pertaining only to an applicant's present and past affiliations and residency in NationStates. "Residency" shall be defined as holding status in a NationStates region, regional forum, Discord Server, or any other entity belonging to a region, beyond the default state upon entry to the aforementioned places.
(3) Review of an application for citizenship status shall consist of two steps, which may be completed in either order and successful completion of which shall be a prerequisite to an award of citizenship status:
(a) An Administrator must confirm, to the best extent possible, that the applicant does not already hold citizenship status in United Kingdom, is not using a proxy server and does not have an IP address matching that of any banned person or any person posing a potential threat to the region based on reliable information, as determined by the Regional Security Council.
(b) An appropriate designee of HM Government, must confirm, to the best extent possible, that the application or other reliable material does not disclose any facts precluding the granting of citizenship status.
(4) HM Government may deny an application under Section (3)(b) only if the application, an investigation, or reliable information made known to HM Government discloses that:
(a) The applicant's current or prior affiliations in NationStates preclude the grant of citizen status under a law or treaty obligation; or
(b) The applicant is subject to a court order stripping him or her of citizenship and excluding him or her from United Kingdom for a period of time;
(c) The application contains material misrepresentations or omissions; or
(d) The applicant has, in the past, engaged in what would be considered criminal conduct under United Kingdom law, and that there is a notable risk that the applicant might repeat such conduct in United Kingdom; or
(e) The applicant holds citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021) at the time of submission of his or her application; or
(f) The applicant is not in fact a resident of United Kingdom.
(5) If an application for citizenship is approved under Section (3)(a), an Administrator shall afford the applicant "provisional citizenship," which shall entail (a) the same level of forum access as a citizen, except with no access to any forum in which an election is being conducted, and (b) the absence of protections for citizens afforded under the Constitution. If the application is thereafter denied under Section (3)(b), the provisional citizen shall be returned to immigrant status.
(6) If an application for citizenship status is denied under either Section (3)(a) or (3)(b), the official making the denial shall give public notice to the applicant of the reason(s) for the denial.
(7) If an application for citizenship status is denied, applicants shall have the following redress:
(a) For any denial under Section (3)(a), the basis for the denial may be appealed the the Regional Security Council, but there shall be no judicial review of either the initial Administrator's decision nor of the Regional Security Council's decision.
(b) For any denial under Section (3)(b), the denial may be challenged in court by filing an action against HM Government. In such an action, the court shall review questions of law without deference to the Government's determinations but shall review questions of fact under a deferential standard whereby a finding will be upheld so long as the Government has evidence sufficient such that a reasonable person could reach the Government's factual conclusion.
(8) If an application for citizenship status is not approved or denied within 48 hours of filing, the aggrieved applicant may file an action in court against the Home Secretary to compel review within a reasonable time frame, which shall be determined on a case-by-case basis.
(9) A person may be stripped of citizenship status and returned to immigrant status only if (s)he:
(a) Is sentenced to loss of citizenship by a court;
(b) Fails to log on to the forum for a period exceeding thirty days, except where the absence is due to a court order;
(c) Ceases to be a resident of United Kingdom, is given constructive notice of this fact, and fails to become a resident within 48 hours of the notice;
(d) Holds citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021), is given constructive notice of this fact, and continues to maintain residency after five (5) days of notice; or
(e) Renounces citizenship.
(10) If HM Government learns that a citizen made a misrepresentation or omission on the application for citizenship that, had it been known to the Government, would have resulted in denial of the application, HM Government may, in addition to any other remedies provided by law, institute an action to revoke citizenship status. In such an action, HM Government must prove its case by clear and convincing evidence. If proven, revocation of citizenship shall be the mandatory sanction.
(11) Any person who loses citizenship and is thereafter sought to be held accountable for a violation of law in a court of United Kingdom shall be entitled to a fair trial in absentia as if he or she were still a citizen.
IV. Ambassadors
(1) An "ambassador" to United Kingdom is any person who is a citizen of a foreign region who comes to United Kingdom's off-site forum for the purpose of conducting inter-regional affairs but without the purpose of enjoying citizenship status in United Kingdom.
(2) Any person may apply for ambassador status by filing an application to be promulgated by HM Government. Such application may contain questions pertaining only to an applicant's present and past affiliations in NationStates.
(3) Review of an application for ambassador status shall consist of two steps, which may be completed in either order and successful completion of which shall be a prerequisite to an award of ambassador status:
(a) An Administrator must confirm, to the best extent possible, that the applicant is not using a proxy server and does not have an IP address matching that of any banned person or any person posing a potential threat to the region based on reliable information, as determined by the Regional Security Council.
(b) An appropriate designee of HM Government, must accept the ambassador. Whether to accept or to deny a particular person as an ambassador shall be in the sole and unreviewable discretion of HM Government, unless otherwise provided by law or treaty.
(4) Unless provided otherwise by law or treaty, HM Government may revoke ambassador status from any person at any time, with or without cause.
(5) All ambassadors are subject to the laws of United Kingdom while operating within the areas over which United Kingdom exercises jurisdiction, and ambassadors shall be accountable to the courts of United Kingdom for any wrong(s) they commit in this region.
(6) Ambassadors shall enjoy all rights of citizens provided in Article VI of the Constitution, except those provided in clauses 2, 4, and 5 of Section (3).
An Act to modernise the process of approving new citizens and ambassadors.
The Parliament assembled, by and with the grace of HM King Charles III, hereby repeals the Citizenship Reform Act (2013) and enacts in lieu thereof as follows:
I. Short Title
(1) The Act may be cited as the "Citizenship Act."
II. Entry into United Kingdom
(1) Except where a law, treaty, or court order provides otherwise, no person shall be prohibited or prevented from moving a nation into the in-game region.
(2) Any person with a nation lawfully present in the in-game region shall be a "resident" of United Kingdom.
(3) Except where a law, treaty, or court order provides otherwise, any person may register an account on the off-site forum maintained by the government of United Kingdom. Upon lawful registration, an account holder shall be designated an "immigrant."
III. Citizenship
(1) A "citizen" of United Kingdom is any person who has been lawfully granted citizenship status pursuant to this Article. A citizen shall have (a) a general right of access to all non-password-protected areas in the off-site forum, subject to any relevant laws, rules, or regulations, and (b) full protection under the laws and Constitution of United Kingdom.
(2) Any person may apply for citizenship status by filing an application to be promulgated by HM Government. Such application may contain questions pertaining only to an applicant's present and past affiliations and residency in NationStates. "Residency" shall be defined as holding status in a NationStates region, regional forum, Discord Server, or any other entity belonging to a region, beyond the default state upon entry to the aforementioned places.
(3) Review of an application for citizenship status shall consist of two steps, which may be completed in either order and successful completion of which shall be a prerequisite to an award of citizenship status:
(a) An Administrator must confirm, to the best extent possible, that the applicant does not already hold citizenship status in United Kingdom, is not using a proxy server and does not have an IP address matching that of any banned person or any person posing a potential threat to the region based on reliable information, as determined by the Regional Security Council.
(b) An appropriate designee of HM Government, must confirm, to the best extent possible, that the application or other reliable material does not disclose any facts precluding the granting of citizenship status.
(4) HM Government may deny an application under Section (3)(b) only if the application, an investigation, or reliable information made known to HM Government discloses that:
(a) The applicant's current or prior affiliations in NationStates preclude the grant of citizen status under a law or treaty obligation; or
(b) The applicant is subject to a court order stripping him or her of citizenship and excluding him or her from United Kingdom for a period of time;
(c) The application contains material misrepresentations or omissions; or
(d) The applicant has, in the past, engaged in what would be considered criminal conduct under United Kingdom law, and that there is a notable risk that the applicant might repeat such conduct in United Kingdom; or
(e) The applicant holds citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021) at the time of submission of his or her application; or
(f) The applicant is not in fact a resident of United Kingdom.
(5) If an application for citizenship is approved under Section (3)(a), an Administrator shall afford the applicant "provisional citizenship," which shall entail (a) the same level of forum access as a citizen, except with no access to any forum in which an election is being conducted, and (b) the absence of protections for citizens afforded under the Constitution. If the application is thereafter denied under Section (3)(b), the provisional citizen shall be returned to immigrant status.
(6) If an application for citizenship status is denied under either Section (3)(a) or (3)(b), the official making the denial shall give public notice to the applicant of the reason(s) for the denial.
(7) If an application for citizenship status is denied, applicants shall have the following redress:
(a) For any denial under Section (3)(a), the basis for the denial may be appealed the the Regional Security Council, but there shall be no judicial review of either the initial Administrator's decision nor of the Regional Security Council's decision.
(b) For any denial under Section (3)(b), the denial may be challenged in court by filing an action against HM Government. In such an action, the court shall review questions of law without deference to the Government's determinations but shall review questions of fact under a deferential standard whereby a finding will be upheld so long as the Government has evidence sufficient such that a reasonable person could reach the Government's factual conclusion.
(8) If an application for citizenship status is not approved or denied within 48 hours of filing, the aggrieved applicant may file an action in court against the Home Secretary to compel review within a reasonable time frame, which shall be determined on a case-by-case basis.
(9) A person may be stripped of citizenship status and returned to immigrant status only if (s)he:
(a) Is sentenced to loss of citizenship by a court;
(b) Fails to log on to the forum for a period exceeding thirty days, except where the absence is due to a court order;
(c) Ceases to be a resident of United Kingdom, is given constructive notice of this fact, and fails to become a resident within 48 hours of the notice;
(d) Holds citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021), is given constructive notice of this fact, and continues to maintain residency after five (5) days of notice; or
(e) Renounces citizenship.
(10) If HM Government learns that a citizen made a misrepresentation or omission on the application for citizenship that, had it been known to the Government, would have resulted in denial of the application, HM Government may, in addition to any other remedies provided by law, institute an action to revoke citizenship status. In such an action, HM Government must prove its case by clear and convincing evidence. If proven, revocation of citizenship shall be the mandatory sanction.
(11) Any person who loses citizenship and is thereafter sought to be held accountable for a violation of law in a court of United Kingdom shall be entitled to a fair trial in absentia as if he or she were still a citizen.
IV. Ambassadors
(1) An "ambassador" to United Kingdom is any person who is a citizen of a foreign region who comes to United Kingdom's off-site forum for the purpose of conducting inter-regional affairs but without the purpose of enjoying citizenship status in United Kingdom.
(2) Any person may apply for ambassador status by filing an application to be promulgated by HM Government. Such application may contain questions pertaining only to an applicant's present and past affiliations in NationStates.
(3) Review of an application for ambassador status shall consist of two steps, which may be completed in either order and successful completion of which shall be a prerequisite to an award of ambassador status:
(a) An Administrator must confirm, to the best extent possible, that the applicant is not using a proxy server and does not have an IP address matching that of any banned person or any person posing a potential threat to the region based on reliable information, as determined by the Regional Security Council.
(b) An appropriate designee of HM Government, must accept the ambassador. Whether to accept or to deny a particular person as an ambassador shall be in the sole and unreviewable discretion of HM Government, unless otherwise provided by law or treaty.
(4) Unless provided otherwise by law or treaty, HM Government may revoke ambassador status from any person at any time, with or without cause.
(5) All ambassadors are subject to the laws of United Kingdom while operating within the areas over which United Kingdom exercises jurisdiction, and ambassadors shall be accountable to the courts of United Kingdom for any wrong(s) they commit in this region.
(6) Ambassadors shall enjoy all rights of citizens provided in Article VI of the Constitution, except those provided in clauses 2, 4, and 5 of Section (3).