# Sore aes we ‘CONFIDENTIAL ~— | “lle executed, and the original and one copy sent. to the Department; after the Department has approved the form it advises the appro- priate consular officer, who may then furnish a copy of the form to the person to whom it relates, © on! it ‘ “ When Oswald appeared at the United States Embassy in Moscow on.October 31, 1959, he presented a signed handwritten statement’ reading in part: "I Lee Harvey Oswald’ do hereby request that my _*, Present citizenship inthe United States of America. be revoked." . The consular official told Oswald that the Embassy was then closed and that he would have to come back on a later date to complet j . . open, but “he. never returned to do 80 ,and hence, asthe Deparment ; - determined, and as the Warren Commission Japparent ly agreed, never \ ctually renounced his cigizenship, In requiring Oswald to come; _ back another time, the consular officer was acting consistently with the Department's policy that consular officers are to make. every effort to insure that individuals stating a desire to ree: : -_ ‘ Mounce their citizenship are sane and understand the seriousness | ony “and irrevocability of the act. Although this policy was not set‘ forth in regulations at the time, it was embodied in the instrucs_ tions generally given to foreign service personnel in orientation _ courses, In accordance with this policy, it was common practice to delay accepting renunciation declarations in order to insure ° that the individual “$5 not. acting on a sudden impulse which he would... execute the necessary documents at any time when the Embassy was later regret, t As a result: of the Oswald’ case,’ the Department's policy governe - ing the mannér-in which censular officers should treat would=be —. renunciants of U.S. citizenship has now been put in the form Of va written regulation. Section 225.6 of the Foreign Affairs Manual has been sed[by the Passport Office and the revision, cleared. is presently being printed for distrubtion. A copy of ithe “text of the revision is attached to this, memorandum as Attachtment z#,Be In pertinent part, the revision reads as follows: "The officer . -“ initially must verify whether a would-be renunciant does possess the _ United States nationality which he seeks to surrender, -He then shall explain the irretrievable seriousness of the act contemplated, and the procedure prescribed under Section 349(#) (6) for making a formal renunciation of the nationality. In suitable cases the ~- officer may suggest to the person that he defer the act. of renuncia= | “tion for a period to permit further reflection on the gravity and Po consequences of his contemplated. act. In no case, however, shall — i _ an American'citizen be deniéd the right to take the oath of ren. '  nuneiation," wel. co | . This language.’ - ot | HW 54653 DBocld:32217672 Page 12
HW 54653 | CONFIDENTIAL, nld- This language: reflects cats position as to what the Depart - ; ment's policy should be with regard to the handling of would-be renunciants. SCA has considered whether this policy should be - changed, and whether the élements: of the policy which might tend to discourage the renunciation should be removed. SCA adheres to the view that these elements should not be removed «= that it. is '- the duty of the Department ‘in its service to American citizens to make sure that 4 citizen intending to’ renounce his nationality is aware of the serious and irrevocable nature of his act and has considered it as fully as Possible. Ba ‘Re atriation of Defectors and Other. Disaffected Americans Who Are: Still American Citizens : ‘If an a American, ‘though he has defected or otherwise evidenced dissaffection with his country, has not renounced or otherwise lost his United States citizenship, there is no legal basis for prevent- ing him from returning to the United States. if he so desirea,. _ There are, however, means ‘by which the Department often. has the .ability to encourage or. discourage such return, -The principal such means is the granting or denial of a repatriation: loan, Such > as was granted to. and subsequent ly repaid by Lee Harvey Oswald: le Repatriation soans a) Statutory Authority The statutory authority for repatriation loans is found in 5 U. s eC, 170 which authorizes the Secretary of State to: "(a) make expenditures, from auch amounts as may: be- speci-~ fically appropriated therefor, for unforseen emergencies ariss ing.in the diplomatic, and consular service and, to the extent authorized in appropriation Acts, funds expended for such pure pose may be accaunted © for in accordance with section 107, of Title 31 ae vl ° Since 1947 the Départment of State! 8 annual Appr opriation Act has included a sum "for expenses necessary to enable the Secretary of State to meet unforseen emergencies arising inthe Diplomatic and Consular Service, to be. expended pursuant to the requirement of - Section 291 of the Revised Statute (31 U.S.C, 107)." In recent years, the accompanying House Reports state that: ps "These ‘funds - are used ‘for ‘relief and repatriation -leans to United States eltizens abroad and for other: emergencies of: whe ‘ a “CONFIDENTIAL Docld: 3227127672 Page 13
“ ‘ Sts ; ‘ TY . Dott. re ; re ee Sa, a: co te oe, ot fy Cot, ee . . . ae : oa mo, . : ey ot Stn CONFIDENTIAL - ao ~13~, 7 . For fiscal years 1962 and 1963, Congress appropriated ; $1,500,000 for these ‘purposes, Between 1953 and 1952 the sum - appropriated annually for these purposes had. been $1,000,000, °*, From these amounts the Secretary of State has annually allotted | approximately $100,000 to meet the expenses of repatriation of indigent United States nationals who request repatriation loans, b) Regulations Governing Procedure Under the Department's: regulations, repatriation loans tol a destitute United States nationals are authorized by the Depart a ment only when: - uy oo oo "a. Investigation shows that the United States national will suffer undue hardship if he does not return to the United -- States, that he is without relatives or friends either abroad or in the United States who are able and willing to assist him financially, and that he is unable, through employment or otherwise, tdobtain funds for Support or for-return pass-. ‘age (an initial telegram may be sent to relatives or friends in the United States through: the Department: at Government. expense); or | | - , , ! "b.. The United States national is in or is the cause of a situation which is damaging to the prestige of the United. States Government or which constitutes 4 compelling reason for extending assistance to effect his return," (7 FAM 423.1-2). . The Department considered that Oswald's continued presence in. Russia was damaging to the prestige.of the United States because ~ of his unstable character and prior criticisms of the United States, fhe provisions of subsection "b" were, therefore, applicable, The | oo Department sought, however, in accordance with subsection a," to obtain funds for the Oswalds' repatriation from both Oswald's _ mother and from the International Rescue Committee, Neither effort was successful, oo ne - " These regulations further provide that repatriation loans. may be granted only to United States. nationals: Oo "a, Who are in complete and unquestioned possession of their citizenship rights; . oO "b, Who are entitled to receive United States passports; __ 2 "ce Whose loyalty to the United States Government ip °° | behond question, or to whom the provisions of section 423,1-2(b)\ apply."  ("The. United States national isin or:is the cause of a situation which is damaging to the prestige of the. United - States Government or which constitutes a compelling reason | an |. for extending |.” ’ HW 54653 DBocld:32217672 Page 14
HW 54653 "As for subsection "oc," the Provisions of Section (423. 1+ -2(b) for extending assistance to, affect his ‘return,") Q FAM - ? Oswald met the requirements of subsections Hg" and Mp tt applied, as noted above. The Department! 8 regulations provide. that all repatriation loans must be approved by the Department (7 FAM 423,3-1), and that prior to approval of any loan the Department will first endeavor . to obtain funds from ‘the individual's family or other private sources. (7 FAM 423.3-2) Both of these requirements were met. in, the Oswald case,- Loans are limited: @ "to the minimum amount required to cover: transportat{jon and. subsistence while en route to the nearest continental United States port . » ... The cost of transportation shall be . limited to third-class passage by ship; loans shall not be granted:to cover travel by air except: ~ "a, In cases of emergency; or "b, When no other means of transportation by surface | route added to unavoidable expenditures. whi Te awaiting em-~ harkation exceeds the, cost of air travel," . 7 FAM 423. 3*3) Oswald's loan was. sufficient to cover only ‘the least expen- . sive transportation from Moscow to New Yorke Repatriation loans are also authorized (and were granted’ tn. the Oswald case) for the alien wife and children of a United. States national receiving a repatration loan, in order to avoid . division of families o. ( 7 FAM 4236 3-5) = Each applicant for a ‘epatriation loan is required to sign an application setting forth his name and, date and place of birth and other information. Oswald was also required to sign the following affirmation: "I solemnly declare that -I am a loyal United States national, that I have not lost my citizenship and that all the. statements in this application. are true, I hereby apply for a loan of the United States Government funds for repatriation for myself and my dependents herein named. I promise to repay all funds that may be advanced to me, and to keep all funds that may be advanced to me, and to keep the Department of. State, Washington, D, C., informed of my address after my .. arrival in the United States until ‘such time as the loan is repaid in full," ot : The current form of ehia afftrmation states in addition that the applicant is: destitute CONFIDENTIAL =. Docld: 3227127672 Page 15