The new Nationality and Citizenship Law

In compliance with Article 35 of the National Constitution of the Bolivarian Republic of Venezuela (the ?Constitution?), the National Assembly of Venezuela approved on July, 1, 2004, the Ley de Nacionalidad y Ciudadanía or the new Nationality and Citizenship Law (?the Law?) pertaining to the acquisition, application, resignation and recovery of Venezuelan Nationality, as well as the revocation and annulment of naturalization. This Law also refers to the exercise of citizenship and causes for its suspension. The Law of Naturalization of July, 24, 1955, is abrogated by this Law.

The Law applies to all individuals located within the territory of Venezuela.

Venezuelan Nationality:

The Law provides that Venezuelan nationality will not be revoked by acquiring any other nationality. This differs from the provision established by the Naturalization Law of 1955; but it is in compliance with the 1999 Constitution. For the first time, however, the Law requires that Venezuelan citizens with more than one nationality must exclusively use their Venezuelan Nationality to enter, reside or depart from Venezuela. Also, the Law requires Venezuelan citizens to identify themselves as Venezuelan citizens at any civil or political gathering.

According to the Law, a citizen, bearer of Venezuelan nationality, can prove such condition by showing any of the following documents: Birth certificate; Identity Card; Passport; Letter of Naturalization published in the Official Gazette and other document that, according to the office in charge of nationality and citizenship at the Ministry of Justice and Internal Affairs, proves such condition.

According to the Law, the act of resigning to Venezuelan Nationality granted by birth must be express. A resignation of the Venezuelan nationality granted by birth will not have any effect until the Venezuelan citizen, filing for his resignation.

acquires a new nationality. The resignation can be filed before the Civil Registry at the place where the birth certificate was filed. Also, Venezuelan Consulates can receive such a resignation if it is made outside of Venezuela. The resignation made before the Venezuelan Consulate will not have any effect until it is filed before the correspondent Civil Registry in Venezuela.

Certification of the Venezuelan Nationality granted by Birth:

A Venezuelan by birth, who has the intention of being elected for a public or government position available only for Venezuelan citizens with no additional nationality, shall apply for this certification. This certification is obtained by filing a reasoned application before the competent office at the Ministry of Justice and Internal Affairs. The application must explain the basis to require such a certification and shall be filed with a copy of the applicant?s identity card and a copy of his birth certificate.

Naturalization:

The Law establishes that a foreigner applying for Venezuelan Nationality does not need to resign to his original nationality. In case that the foreigner wants to resign his original nationality, his resignation would only be considered to be made if, at the moment of his application for Venezuelan Nationality, he expressly resigns his original nationality.

Having a certain level of knowledge of the Spanish language had been one of the requirements for Naturalization established by the Naturalization Law of 1955. The new Law, however, eliminates this requirement. Also, the new law includes as one of the favorable conditions for Naturalization if a foreign citizen is married to a Venezuelan citizen. The Naturalization Law of 1955 only considered marriage as a favorable condition for Naturalization if a foreign man married a Venezuelan woman.

The Law establishes proceedings and requirements for the issuance of the Naturalization Letter; however, procedures to file the statements of will to assume Venezuelan Nationality (by birth or by Naturalization) are yet to be established by the Regulations to this Law.

Loss of Venezuelan Nationality:

The new Law establishes situations which, subject to a prior final decision issued by a Judicial Court, would result in the loss of Venezuelan Nationality if it had been granted to a Venezuelan citizen by Naturalization.

These situations include the use of their original nationality and to participate, encourage or cooperate, directly or indirectly, in any act that: (i) is against the interest of the Nation, or; (ii) impairs the Nations? security, or; (iii) submits public authorities or institutions to public disrespect, or; (iv) results in the disobedience of any of the Venezuelan laws and/or the Constitution. All these acts must be done concurrently while eluding submission to the jurisdiction of the Venezuelan Courts. The definition provided by the Law for each of these situations is very vague and broad.

Loss of the exercise of Citizenship:

According to the Law, the exercise of citizenship may be suspended by being subject to political inability; civil interdiction; accepting governmental honors or duties or serving the military of another country, without the prior authorization from the National Assembly of Venezuela; offense to the patriotic symbols and any other situation provided by the National Constitution or Venezuelan law. The National Constitution does not provide for the offense to patriotic symbols as a situation sufficient to suspend the exercise of the citizenship. The respect for the symbols is only provided by the Constitution as an obligation for Venezuelan citizens.