Forum Border Control Act (2023)
Nov 28, 2024 12:35:46 GMT
#1
Post by George Awbrey on Nov 28, 2024 12:35:46 GMT
Forum Border Control Act (2023)
An
ACT
To revise the law with respect to admission into United Kingdom's forum and receipt as a citizen or ambassador.
Presented by: Rt. Hon. Jay Dee Bonaparte
Supported by: Rt. Hon Jay Dee Bonaparte
Written by: HG Constance St.James, Duchess of Bedford & York
BE IT ENACTED by the Parliament assembled, with the grace of Her Majesty Queen Constance II, as follows:-
I. General Provisions
(1) Short Title and Effect on Other Laws. This Act as a whole may be cited as the Forum Border Control Act (2023) and, upon enactment, this Act shall repeal and replace the Citizenship Act.
(2) Definitions. For purposes of this Act:
(a) a "resident" of United Kingdom is a person with a nation in the in-game region and whose presence in the in-game region is not prohibited by a law, treaty, or court order or contrary to a lawful use of authority to exclude;
(b) an "immigrant" to United Kingdom is a person with an account on United Kingdom's off-site forum (other than a visitor, citizen, or ambassador) and whose presence on the forum is not prohibited by a law, treaty, or court order or contrary to a lawful use of authority to exclude;
(c) a "visitor" to United Kingdom is a person granted limited access to the forum under the provisions of Article III;
(d) a "citizen" of United Kingdom is a person granted a general right of access to the forum and vested with full rights under the Constitution and laws under the provisions of Article IV;
(e) a “provisional citizen” is a member of the United Kingdom offsite forum who has been granted provisional citizenship and who does not yet enjoy the full rights guaranteed to a citizen by the Constitution.
(f) an "ambassador" to United Kingdom is a person who is a citizen of a foreign region whose presence on United Kingdom's off-site forum is for the purpose of conducting inter-regional affairs (with or without the privileges of citizenship) and who has been granted entry under the provisions of Article V.
II. Entry into United Kingdom
(1) Arrival of Immigrants. Upon initial arrival to the forum, all persons shall be deemed an immigrant to United Kingdom. HM Government shall take care that immigrants to United Kingdom have sufficient access to the forum to allow them to apply for visitor, citizen, or ambassador status. The Regional Security Council may otherwise designate the viewing, posting, and other privileges that immigrants enjoy on the forum.
(2) Security Checks. No immigrant may be approved as a visitor, citizen, or ambassador unless an Administrator has investigated, concluded, and publicly indicated that the person:
(a) is not already a citizen of United Kingdom;
(b) is not using a proxy server;
(c) does not have an IP address matching that of any person banned from United Kingdom; and
(d) is not known to HM Government to have engaged in conduct here or abroad indicative of a substantial threat of wrongdoing in violation of the forum provider's Community Guidelines or Terms of Service once admitted to United Kingdom.
(3) Preemptive Security Investigation. An Administrator need not complete the security checks identified in Section (2) until an application for visitor, citizen, or ambassador status is filed, but an Administrator may preemptively conduct any or all of those checks for any immigrant prior to the immigrant's filing an application. A person who fails a security check under this Section may be banned or otherwise restricted as the Regional Security Council deems appropriate under the circumstances.
III. Visitorship
(1) Visitors Generally. HM Government may, at its discretion, implement programs allowing persons entry as a visitor to United Kingdom. Visitors to United Kingdom are not citizens but may receive access, viewing, posting, and other forum privileges greater than those of immigrants for the purposes of (a) allowing the visitor to explore United Kingdom and consider whether to apply for citizenship or (b) facilitating inter-regional events during which citizens of other regions are afforded access to United Kingdom.
(2) Access Rights. No visitor program may be implemented until the access, viewing, posting, and other forum privileges of visitors under that program have been approved by the Regional Security Council, and the Regional Security Council shall retain the right to revise any approved access, viewing, posting, and other forum privileges of visitors at any time.
(3) Application. An application for visitor status implemented under this Article shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay. HM Government may deny an application for visitor status for any reason and subject to no judicial review, and HM Government may not approve any application for visitor status unless the applicant has been approved under Sections (2) or (3) of Article II.
(4) Duration. HM Government may determine the duration for which visitor status may be held under any program implemented under this Article, except in no circumstance may any person hold visitor status for greater than fourteen consecutive days. HM Government may revoke visitor status at any time and for any reason and subject to no judicial review.
(5) Visitors' Rights. Any visitor brought before the Crown Court as a defendant or respondent in a civil or criminal case during their time as a visitor shall be afforded in Court the same rights and privileges as enjoyed by citizens of United Kingdom, including the right to raise freedom of speech as a defense to any claim against them.
IV. Citizenship
(1) Short Title. This Article may be cited as the Citizenship Act.
(2) Citizenship Generally. No person shall become or remain a citizen except pursuant to this Article.
(3) Citizenship Rights. Citizens of United Kingdom are entitled to 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 to full protection under the laws and Constitution of United Kingdom.
(4) Citizenship Application. A resident immigrant may apply for citizen status. An application for citizenship shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(5) Security Review. No person shall be granted citizen status until approved pursuant to Sections (2) or (3) of Article II.
(a) Statement of Reasons. If an application is denied under this Section, an Administrator shall give public notice to the applicant of the basis for the denial.
(b) Review of Denial. An applicant denied under this Section may appeal the basis for the denial to the Regional Security Council, but there shall be no judicial review of the merits of either the initial Administrator's decision nor of the Regional Security Council's decision. An applicant awaiting review by the Regional Security Council may file a lawsuit against the Regional Security Council for the limited purpose of seeking an order compelling a vote on the appeal when such vote has not been completed within 48 hours of the appeal.
(c) Provisional Citizenship. Upon applying for citizenship, should an applicant pass the initial security checks as outlined in Article II, section 2, that individual shall be given the role of Provisional Citizen for a period of two weeks from the date of their approval by both HM Government and the Administrative team. During that two week period, should information be brought to the attention of HM Government or the administrative team that would normally justify the denial of citizenship, provisional citizenship can then be revoked.
(6) Application Review. No application for citizenship status shall be granted unless an appropriate designee of HM Government has investigated, concluded, and publicly indicated that the applicant:
(a) is a resident of United Kingdom;
(b) has presence in United Kingdom that is not prohibited by a law, treaty, court order, or lawful use of authority to exclude;
(c) has not made material misrepresentations or omissions on the application;
(d) is not known to HM Government to have engaged in conduct here or abroad indicative of a substantial threat of wrongdoing in violation of regional law once admitted to United Kingdom;
(e) does not hold citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021); and
(f) would not, if accepted as a citizen, present a substantial risk to the maintenance of continued relations with a foreign region or inter-regional organization with which HM Government wishes to maintain diplomatic relations.
(7) Review of Denial. Applicants for citizenship may seek judicial review of action on their applications in only two circumstances:
(a) Denial on the Merits. For any application denied other than under Section (5), HM Government shall give public notice to the applicant of the basis for the denial, including by providing a specific basis for denials not based on the requirements in Section (6). If the basis for the denial is failure to satisfy one of the requirements in Section (6), the applicant may file a civil action in the Crown Court against HM Government to challenge the determination. 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 HM Government has evidence sufficient such that a reasonable person could reach the Government's factual conclusion. If the basis for the denial is a reason other than failure to satisfy one of the requirements in Section (6), the Court shall have no jurisdiction to review the denial unless (i) the denial is alleged to violate some right of existing citizens or (ii) the applicant alleges that HM Government is withholding the true basis for its decision in an effort to frustrate judicial review of its decision.
(b) Constructive Denial by Delay. If an application for citizenship status is not approved or denied within 48 hours of filing, the aggrieved applicant may file an action in the Crown Court against HM Government to compel review within a reasonable time frame, which shall be determined on a case-by-case basis.
(8) Loss of Citizenship. A person may lose citizen status only if:
(a) the Crown Court so orders;
(b) Citizenship is removed during a period of greater than 28 days in which the citizen has failed to log on to the forum, is given constructive notice of that fact, and fails to log on to the forum within 48 hours of that notice, except where that failure is the result of a temporary ban imposed by court order;
(c) citizenship is removed during a period in which the citizen ceases to be a resident of United Kingdom, is given constructive notice of that fact, and fails to become a resident within 48 hours of that notice; or
(d) the citizen expressly renounces or affirmatively abandons citizenship, such as by announcing intent to resign from citizenship or by holding themself out as an immigrant or deleting their forum account.
(9) Judicial Action to Remove Citizenship. In addition to any other remedies provided by law, HM Government may seek and obtain a judicial order revoking citizen status from any person who (a) made a misrepresentation or omission on the application for citizenship that, had it been known to the Government, would have resulted in the application's denial; or (b) holds citizenship, or any other form of residency, or engages in routine non-diplomatic activity in any place under the jurisdiction of a proscribed region as determined pursuant to the Security and Defence Act (2021). 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.
(10) Former Citizens' Rights. Any non-citizen brought before the Crown Court as a defendant or respondent in a civil or criminal case for conduct occurring during their time as a citizen shall be afforded in Court the same rights and privileges as they would have enjoyed if still a citizen of United Kingdom.
V. Ambassadorship
(1) Short Title. This Article may be cited as the Ambassador Act.
(2) Ambassadorship Generally. No person shall become or remain an ambassador except pursuant to this Article.
(3) Citizen Ambassadors. A citizen of United Kingdom may seek joint recognition as an ambassador to United Kingdom from another region or inter-regional organization of which that citizen is also a citizen or member. Approval of such joint recognition shall be on terms that HM Government deems appropriate, except that HM Government may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(4) Ambassador Application. Any immigrant may apply for ambassador status. An application for ambassadorship shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(5) Security Review. No person shall be granted ambassador status under Section (4) until approved pursuant to Sections (2) or (3) of Article II.
(6) Application Review. No application for ambassador status shall be granted unless an appropriate designee of HM Government has determined, in its sole and unreviewable discretion, to accept the ambassador.
(7) Access Rights. Ambassadors approved under Section (4) shall enjoy the access, viewing, posting, and other forum privileges that have been approved by the Regional Security Council, and the Regional Security Council shall retain the right to revise any approved access, viewing, posting, and other forum privileges of ambassadors at any time.
(8) Revocation of Ambassador Status. A person may lose ambassador status:
(a) at the direction of HM Government, in its sole and unreviewable discretion; or
(b) upon a vote of the Regional Security Council, in its sole and unreviewable discretion, to expel a non-citizen ambassador determined to be a potential threat to the region.
(9) Ambassadors' Rights. All non-citizen ambassadors approved under Section (4) shall enjoy immunity from prosecution for crimes committed in United Kingdom while acting as an ambassador, except where the Regional Security Council has voted to rescind that immunity. Persons holding joint citizen and ambassador status under Section (3) are subject to the laws of United Kingdom while operating within the areas over which United Kingdom exercises jurisdiction and shall be accountable in the Crown Court for any wrong(s) they commit in this region. Any non-citizen ambassador brought before the Court as a defendant or respondent in a civil or criminal case during their time as an ambassador shall be afforded in Court the same rights and privileges as enjoyed by citizens of United Kingdom, including the right to raise freedom of speech as a defense to any claim against them.
(1) Short Title and Effect on Other Laws. This Act as a whole may be cited as the Forum Border Control Act (2023) and, upon enactment, this Act shall repeal and replace the Citizenship Act.
(2) Definitions. For purposes of this Act:
(a) a "resident" of United Kingdom is a person with a nation in the in-game region and whose presence in the in-game region is not prohibited by a law, treaty, or court order or contrary to a lawful use of authority to exclude;
(b) an "immigrant" to United Kingdom is a person with an account on United Kingdom's off-site forum (other than a visitor, citizen, or ambassador) and whose presence on the forum is not prohibited by a law, treaty, or court order or contrary to a lawful use of authority to exclude;
(c) a "visitor" to United Kingdom is a person granted limited access to the forum under the provisions of Article III;
(d) a "citizen" of United Kingdom is a person granted a general right of access to the forum and vested with full rights under the Constitution and laws under the provisions of Article IV;
(e) a “provisional citizen” is a member of the United Kingdom offsite forum who has been granted provisional citizenship and who does not yet enjoy the full rights guaranteed to a citizen by the Constitution.
(f) an "ambassador" to United Kingdom is a person who is a citizen of a foreign region whose presence on United Kingdom's off-site forum is for the purpose of conducting inter-regional affairs (with or without the privileges of citizenship) and who has been granted entry under the provisions of Article V.
II. Entry into United Kingdom
(1) Arrival of Immigrants. Upon initial arrival to the forum, all persons shall be deemed an immigrant to United Kingdom. HM Government shall take care that immigrants to United Kingdom have sufficient access to the forum to allow them to apply for visitor, citizen, or ambassador status. The Regional Security Council may otherwise designate the viewing, posting, and other privileges that immigrants enjoy on the forum.
(2) Security Checks. No immigrant may be approved as a visitor, citizen, or ambassador unless an Administrator has investigated, concluded, and publicly indicated that the person:
(a) is not already a citizen of United Kingdom;
(b) is not using a proxy server;
(c) does not have an IP address matching that of any person banned from United Kingdom; and
(d) is not known to HM Government to have engaged in conduct here or abroad indicative of a substantial threat of wrongdoing in violation of the forum provider's Community Guidelines or Terms of Service once admitted to United Kingdom.
(3) Preemptive Security Investigation. An Administrator need not complete the security checks identified in Section (2) until an application for visitor, citizen, or ambassador status is filed, but an Administrator may preemptively conduct any or all of those checks for any immigrant prior to the immigrant's filing an application. A person who fails a security check under this Section may be banned or otherwise restricted as the Regional Security Council deems appropriate under the circumstances.
III. Visitorship
(1) Visitors Generally. HM Government may, at its discretion, implement programs allowing persons entry as a visitor to United Kingdom. Visitors to United Kingdom are not citizens but may receive access, viewing, posting, and other forum privileges greater than those of immigrants for the purposes of (a) allowing the visitor to explore United Kingdom and consider whether to apply for citizenship or (b) facilitating inter-regional events during which citizens of other regions are afforded access to United Kingdom.
(2) Access Rights. No visitor program may be implemented until the access, viewing, posting, and other forum privileges of visitors under that program have been approved by the Regional Security Council, and the Regional Security Council shall retain the right to revise any approved access, viewing, posting, and other forum privileges of visitors at any time.
(3) Application. An application for visitor status implemented under this Article shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay. HM Government may deny an application for visitor status for any reason and subject to no judicial review, and HM Government may not approve any application for visitor status unless the applicant has been approved under Sections (2) or (3) of Article II.
(4) Duration. HM Government may determine the duration for which visitor status may be held under any program implemented under this Article, except in no circumstance may any person hold visitor status for greater than fourteen consecutive days. HM Government may revoke visitor status at any time and for any reason and subject to no judicial review.
(5) Visitors' Rights. Any visitor brought before the Crown Court as a defendant or respondent in a civil or criminal case during their time as a visitor shall be afforded in Court the same rights and privileges as enjoyed by citizens of United Kingdom, including the right to raise freedom of speech as a defense to any claim against them.
IV. Citizenship
(1) Short Title. This Article may be cited as the Citizenship Act.
(2) Citizenship Generally. No person shall become or remain a citizen except pursuant to this Article.
(3) Citizenship Rights. Citizens of United Kingdom are entitled to 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 to full protection under the laws and Constitution of United Kingdom.
(4) Citizenship Application. A resident immigrant may apply for citizen status. An application for citizenship shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(5) Security Review. No person shall be granted citizen status until approved pursuant to Sections (2) or (3) of Article II.
(a) Statement of Reasons. If an application is denied under this Section, an Administrator shall give public notice to the applicant of the basis for the denial.
(b) Review of Denial. An applicant denied under this Section may appeal the basis for the denial to the Regional Security Council, but there shall be no judicial review of the merits of either the initial Administrator's decision nor of the Regional Security Council's decision. An applicant awaiting review by the Regional Security Council may file a lawsuit against the Regional Security Council for the limited purpose of seeking an order compelling a vote on the appeal when such vote has not been completed within 48 hours of the appeal.
(c) Provisional Citizenship. Upon applying for citizenship, should an applicant pass the initial security checks as outlined in Article II, section 2, that individual shall be given the role of Provisional Citizen for a period of two weeks from the date of their approval by both HM Government and the Administrative team. During that two week period, should information be brought to the attention of HM Government or the administrative team that would normally justify the denial of citizenship, provisional citizenship can then be revoked.
(6) Application Review. No application for citizenship status shall be granted unless an appropriate designee of HM Government has investigated, concluded, and publicly indicated that the applicant:
(a) is a resident of United Kingdom;
(b) has presence in United Kingdom that is not prohibited by a law, treaty, court order, or lawful use of authority to exclude;
(c) has not made material misrepresentations or omissions on the application;
(d) is not known to HM Government to have engaged in conduct here or abroad indicative of a substantial threat of wrongdoing in violation of regional law once admitted to United Kingdom;
(e) does not hold citizenship or any other form of residency in a proscribed region as determined pursuant to the Security and Defence Act (2021); and
(f) would not, if accepted as a citizen, present a substantial risk to the maintenance of continued relations with a foreign region or inter-regional organization with which HM Government wishes to maintain diplomatic relations.
(7) Review of Denial. Applicants for citizenship may seek judicial review of action on their applications in only two circumstances:
(a) Denial on the Merits. For any application denied other than under Section (5), HM Government shall give public notice to the applicant of the basis for the denial, including by providing a specific basis for denials not based on the requirements in Section (6). If the basis for the denial is failure to satisfy one of the requirements in Section (6), the applicant may file a civil action in the Crown Court against HM Government to challenge the determination. 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 HM Government has evidence sufficient such that a reasonable person could reach the Government's factual conclusion. If the basis for the denial is a reason other than failure to satisfy one of the requirements in Section (6), the Court shall have no jurisdiction to review the denial unless (i) the denial is alleged to violate some right of existing citizens or (ii) the applicant alleges that HM Government is withholding the true basis for its decision in an effort to frustrate judicial review of its decision.
(b) Constructive Denial by Delay. If an application for citizenship status is not approved or denied within 48 hours of filing, the aggrieved applicant may file an action in the Crown Court against HM Government to compel review within a reasonable time frame, which shall be determined on a case-by-case basis.
(8) Loss of Citizenship. A person may lose citizen status only if:
(a) the Crown Court so orders;
(b) Citizenship is removed during a period of greater than 28 days in which the citizen has failed to log on to the forum, is given constructive notice of that fact, and fails to log on to the forum within 48 hours of that notice, except where that failure is the result of a temporary ban imposed by court order;
(c) citizenship is removed during a period in which the citizen ceases to be a resident of United Kingdom, is given constructive notice of that fact, and fails to become a resident within 48 hours of that notice; or
(d) the citizen expressly renounces or affirmatively abandons citizenship, such as by announcing intent to resign from citizenship or by holding themself out as an immigrant or deleting their forum account.
(9) Judicial Action to Remove Citizenship. In addition to any other remedies provided by law, HM Government may seek and obtain a judicial order revoking citizen status from any person who (a) made a misrepresentation or omission on the application for citizenship that, had it been known to the Government, would have resulted in the application's denial; or (b) holds citizenship, or any other form of residency, or engages in routine non-diplomatic activity in any place under the jurisdiction of a proscribed region as determined pursuant to the Security and Defence Act (2021). 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.
(10) Former Citizens' Rights. Any non-citizen brought before the Crown Court as a defendant or respondent in a civil or criminal case for conduct occurring during their time as a citizen shall be afforded in Court the same rights and privileges as they would have enjoyed if still a citizen of United Kingdom.
V. Ambassadorship
(1) Short Title. This Article may be cited as the Ambassador Act.
(2) Ambassadorship Generally. No person shall become or remain an ambassador except pursuant to this Article.
(3) Citizen Ambassadors. A citizen of United Kingdom may seek joint recognition as an ambassador to United Kingdom from another region or inter-regional organization of which that citizen is also a citizen or member. Approval of such joint recognition shall be on terms that HM Government deems appropriate, except that HM Government may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(4) Ambassador Application. Any immigrant may apply for ambassador status. An application for ambassadorship shall require such disclosures and affirmations as HM Government deems proper, except that such application may seek and require only information relating to a person's activities or affiliations on NationStates, whether in-game, on a forum, on a server, or on other platforms maintained principally for the purpose of facilitating NationStates gameplay.
(5) Security Review. No person shall be granted ambassador status under Section (4) until approved pursuant to Sections (2) or (3) of Article II.
(6) Application Review. No application for ambassador status shall be granted unless an appropriate designee of HM Government has determined, in its sole and unreviewable discretion, to accept the ambassador.
(7) Access Rights. Ambassadors approved under Section (4) shall enjoy the access, viewing, posting, and other forum privileges that have been approved by the Regional Security Council, and the Regional Security Council shall retain the right to revise any approved access, viewing, posting, and other forum privileges of ambassadors at any time.
(8) Revocation of Ambassador Status. A person may lose ambassador status:
(a) at the direction of HM Government, in its sole and unreviewable discretion; or
(b) upon a vote of the Regional Security Council, in its sole and unreviewable discretion, to expel a non-citizen ambassador determined to be a potential threat to the region.
(9) Ambassadors' Rights. All non-citizen ambassadors approved under Section (4) shall enjoy immunity from prosecution for crimes committed in United Kingdom while acting as an ambassador, except where the Regional Security Council has voted to rescind that immunity. Persons holding joint citizen and ambassador status under Section (3) are subject to the laws of United Kingdom while operating within the areas over which United Kingdom exercises jurisdiction and shall be accountable in the Crown Court for any wrong(s) they commit in this region. Any non-citizen ambassador brought before the Court as a defendant or respondent in a civil or criminal case during their time as an ambassador shall be afforded in Court the same rights and privileges as enjoyed by citizens of United Kingdom, including the right to raise freedom of speech as a defense to any claim against them.