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CIUDADANIA Regulation of Law No. 23.059. Default of Decrees No. 2.367/78 and No. 1.312/79. DECRECT N° 3.213

Bs. As., 28/9/84

VISTO, Act No. 23.059 and

CONSIDERING:

That the above-mentioned rule repeals the de facto Act No. 21.795 and replaces the Nros Acts in full force. 346, 16,801 and 20,835, repealing the other modification rules.

It also states that the Law No. 16.569, Decree-Law No. 17.692 and article 91 of Act No. 20 957.

It is necessary, for the better implementation of the purposes of Act No. 23,059, to regulate it in order to clarify and supplement its provisions.

It is also desirable to coordinate all aspects in which administrative agencies should intervene or participate in order to ensure the best exercise of the rights or the faithful fulfilment of the emerging obligations of the aforementioned norms.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Destroy the Nro Decrees. 2,367 of 6 October 1978 and Nro. 1.312 of 5 June 1979, as well as all the regulations that are contrary to the provisions of this decree. Art. 2° . The children of native Argentine father or mother, contemplated in Article 1(2) of Law No. 346, will obtain citizenship by option with only accrediting that circumstance.

When it comes to children under 18 years of age, children of native Argentine father or mother, who are not recognized as nationals by the State where the birth occurred, or who for any other reason suffer the status of stateless persons, the option to Argentine citizenship may be formulated by the person exercising parental authority, provided that he proves that the minor has such status.

Those covered under the provisions of Act No. 16,569 shall establish the native citizenship or naturalization of the father and mother, and other circumstances set out in articles 1 and 2 of the aforementioned legal rule. In all cases, special power should be accompanied when acting through a representative.

Art. 3rd s Aliens designated in article 2(1) of Act No. 346, while applying for their naturalization, must comply with the following conditions:

(a) 18 years of age;

(b) To reside in the Republic two (2) continuous years

(c) To express to the federal judges their will to be.

Foreigners who credit the following circumstances may also obtain naturalization at any time of their residence:

(a) To have been honestly employed in the National, Provincial or Municipal Civil Service or in the National Territory of the Tierra del Fuego, Antarctica and South Atlantic Islands, within or outside the Republic.

(b) have served in the Argentine Armed Forces or assisted in a war action in defence of the Nation.

(c) To have established a new industry in the country, introduced a useful invention or any other action, which means a moral or material advance for the Republic.

(d) To be part of the colonies established or established at any point in the country.

(e) Inhabit or promote the population of the National Territory of the Tierra del Fuego, Antarctica and South Atlantic Islands.

(f) have a native Argentine spouse or child.

(g) exercise teaching in any of its branches.

These causes will prevent the granting of Argentine citizenship by naturalization, the following:

(a) not having honest occupation or livelihoods

(b) be prosecuted in the country, or abroad for an offence provided for in Argentine criminal law, until it is separated from the case.

(c) To have been sentenced for a criminal offence, whether in the country or abroad, to a custodial sentence of more than three (3) years, unless it has been completed and five (5) years have elapsed since the expiry of the term of the sentence or has provided an amnesty.

Argentinian citizenship may not be denied for reasons based on political, ideological, group, religious or racial reasons, in private actions or in the physical characters of the applicants; without prejudice to this, the intevinient court may refuse the request when it is fully proven that the offender carried out acts of a public nature that meant the denial of human rights, the replacement of the democratic system, the illegal use of force or the personal concentration.

Art. 4° . The foreigner who wishes to naturalizeze Argentine, must appear before the Federal Judge with competence at his home.

In the application, the person concerned shall clearly indicate his or her name and surname, date and place of birth, nationality or citizenship of origin and domicile.

The date and place of birth, nationality or citizenship of origin shall be proved by any of the following means:

Certificate of birth, Passport of the country originating visa by the Argentine Consul of the place, National Identity Document or Identity Certificate granted by the Argentine Federal Police.

In the event of a proven material impediment to obtaining such documentation, additional evidence shall be admitted at the discretion of the Intervening Court, which must be produced in the same file; the residence in the country may be accredited through a certification by the National Migration Directorate, without prejudice to other means of proof that it may be available.

Art. 5° . Judges who receive the request for naturalization, within three (3) days, shall, on their own motion, request any report or certificate that they deem appropriate to require the National Directorate of Migration, the Argentine Federal Police, the Secretariat of State Intelligence, the National Registry of Persons, the National Registry of Reoffence and Criminal and Carcelary Statistics or any public, private or private distribution to individuals. As a result, the judges will be issued by granting or denying the order with the elements of the trial that they obey in cars, in a term of ninety (90) days. Art. 6° . In requests for citizenship by option and those covered by Act No. 16.569, the preceding rules shall be applied, taking into account the particularities set out in article 2 of this Decree. In all cases in which Argentine citizenship is requested by option, by application of Law No. 16.569, by naturalization, annulling it or suspending the exercise of political rights, the previous report of the National Electoral Chamber in which it is stated that the exercise of political rights has not been granted, denied or annulled. Art. 7° , Once the ruling granted by Argentine citizenship is handed down, the naturalized will swear before the acting Federal Judge in accordance with the following formulas:

1) Do you swear by God and these Holy Gospels faithfully respect the National Constitution and the Institutions of the Republic?

2) Do you swear by God, faithfully respect the National Constitution and the Institutions of the Republic?

3) Do you swear by the Homeland and your honor to faithfully respect the National Constitution and the Institutions of the Republic?

Those who obtain citizenship by choice and those covered by Act No. 16.569, given their status as native Argentines, are not required to take oath.

Art. 8° . Persons to whom naturalization has been granted in accordance with the de facto Act No. 21.795, who have not sworn at the time of the promulgation of Act No. 23,059, shall do so before the Federal Magistrate in accordance with the provisions of this Decree. Art. 9° . The Ministry of the Interior will refer to all Federal Judges the sufficient number of printed copies of Citizenship Cards, so that they are granted under the same formula. Art. 10 El The National Register of Persons and the National Electoral Chamber shall be notified of all applications for citizenship and of the final judgments in which the citizenship is granted or denied by option, by naturalization or by application of Law No. 16.569, as well as those in which the nullity of the same is declared for having been obtained by fraud. Art. 11 El The naturalized Argentinian must be presented with the Charter of Citizenship in the corresponding office of the National Register of Persons to process his documentation. In the case of citizenship by option or obtained under Act No. 16,569, it shall be sufficient with the testimony of the judgement. Art. 12 El The National Registry of Persons will inform the National Electoral Chamber of the identification data of those persons who are granted Argentine citizenship by option, by naturalization or by application of Law No. 16.569, as well as those to whom it is annulled, in order to keep the National Registry of Electors updated. Art. 13 Las The persons who have obtained or requisitioned Argentine nationality in accordance with articles 5, 6 and 9 of the De facto Law No. 21,795, as well as those covered by articles 3 and 4 of the Law No. 23,059, shall be considered Argentine citizens with full exercise of political rights and incorporated in office into the National Register of Electors and the National Registry of Persons with no need for judicial action. Art. 14 . The suspension of the exercise of political rights and their rehabilitation must be handled by the National Electoral Justice. The National Electoral Court shall be competent for the last address of the applicant registered in the National Registry of Electors.

When the same is unknown or is fixed abroad, the National Electoral Court of the Federal Capital shall be competent.

Art. 15 . The bodies mentioned in Article 5 of the present decree and the Argentine consuls acting abroad are obliged to denounce to the National Electoral Chamber the cases of having knowledge that are covered by Article 8 of Law No. 346 or that in obtaining citizenship by option, by naturalization or by application of Law No. 16.569, it has mediated fraud for being false, to proceed with the effects invoked.

The complaint will be passed to the Procurator-General to assume the quality of part in the trial. The action may also be initiated by the staff member.

Requested to suspend the exercise of political rights or the nullity of citizenship obtained by fraud, the person concerned shall be transferred for the term of fifteen (15) working days, to answer and offer the proof of discard.

The location will be notified by Cédula at the last address that the person concerned has registered in the National Register of Electors. If you do not reside there or are absent, you will be notified by edicts, that three (3) times with an interval of ten (10) days between one and another publication in the Official Gazette of the Nation. The defence of the offender shall be obligatoryly assumed by the official defence counsel, unless the offender or his representative wishes to be sponsored by a registration counsel.

Art. 16 . The suspension of the exercise of political rights in accordance with article 8 of Act No. 346 and the willingness not to regain its exercise provided for in the last part of article 4 of Act No. 23.059, does not deprive the rights or exempt from the obligations inherent to Argentine nationality, whether native or acquired. Art. 17 . The National Registry of Persons and the National Electoral Chamber shall be notified of the final sentences for which the suspension of the exercise of political rights under article 8 of Act No. 346 is resolved, the option provided for in the last part of section 4 of Act No. 23.059 or its rehabilitation under Act No. 20,835. Art. 18 . In case of declaring the nullity of citizenship by option, by naturalization or by application of Law No. 16 569 obtained by fraud, such a circumstance shall also be notified to the National Directorate of Migration for the purpose of considering the status of a foreigner that the person concerned may recover. Art. 19 . Authorize the Ministry of the Interior Nacional National Register of Persons Nacional to approve the models of "Chart of Citizenship" and the forms necessary for the fulfillment of the Citizenship Law and the present decree, as well as to provide its printing and distribution. Art. 20 . Please refer to the Ministry of the Interior for the implementation by the Undersecretariat for Institutional Affairs of the necessary acts for the transfer to the National Electoral Chamber of the documentation found in the offices of the Register of Naturalization and Citizenship Charters which provided for the De facto Law No. 21.795. Art. 21 Todas All actions provided for in this decree and publications in the Official Gazette of the Nation shall be free of charge. Art. 22 . Communicate, publish, give to the National Directorate of the Official Register and archvese.