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REPUBLIC OF CUBA
1940 Constitution

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TTLE II
Concerning Nationality

ART. 8. Citizenship carries with it duties and rights, the adequate exercise of which shall be regulated by law.

ART. 9. Every Cuban is obliged:

1st. To bear arms for his Fatherland in the cases and in the form established by law.

2nd. To contribute to the public expenses in the form and to the amount provided by law.

3rd. To comply with the Constitution and the laws of the Republic and to observe good civic conduct, inculcating the principles thereof in his own children and in all those who may be under his protection, promoting in them a pure national conscience.

ART. 10. A citizen has the right:

1st. To reside in his country without being made the object of any discrimination or duress, regardless of race, class, political opinions, or religious beliefs.

2nd. To vote, according to the provisions of the law, in the elections and referendums that may be held in the Republic.

3rd. To receive social assistance and public benefits with, in the former case, prior affirmation of need.

4th. To discharge public functions and offices.

5th. To the advantages provided for labor by the Constitution and the law.

ART. 11. Cuban citizenship is acquirer! by birth or by naturalization.

ART. 12. Cubans by birth are:

1st. All those born in the territory of the Republic with the exception of the children of aliens who may at the time be in the service of their Government.

2nd. Those born in foreign territory, of Cuban father or mother, by the sole act of their becoming inhabitants of Cuba.

3rd. Those having been born outside the territory of the Republic, of father or mother who were natives of Cuba, but who may have lost this nationality, who reclaim Cuban citizenship in the form and subject to the conditions stipulated by law.

4th. Aliens who served for one year or more in the army of liberation, remaining in it until the termination of the War of Independence, provided they affirm this service with an authentic document issued by the national archive.

ART. 13. Cubans by naturalization are:

1st. Aliens who, after five years of continuous residence in the territory of the Republic, and not less than one year after having declared their intention of acquiring Cuban nationality, obtain the letter of citizenship in accordance with the law, provided that they know the Spanish language.

2nd. An alien who marries a Cuban woman, and an alien woman who marries a Cuban, in case offspring result from such union, or if they maintain two years of continuous residence in the country after their marriage, and provided that they previously renounce the nationality of their origin.

ART. 14. Letters of citizenship and certificates of Cuban nationality shall be exempt from fee.

ART. 15. The following lose Cuban citizenship:

1st. Those who acquire a foreign citizenship.

2nd. Those who, without permission of the Senate, enter the military service of another Nation, or accept the discharge of duties that are inconsistent with Cuban authority or jurisdiction.

3rd. Cubans by naturalization who reside three consecutive years in the country of their birth, unless they express every three years, before the appropriate consular authority, their desire to retain Cuban citizenship.

The law may determine crimes and acts of unworthiness that may cause the loss of citizenship by naturalization, through definite sentence by competent tribunals.

4th. Naturalized citizens who have accepted double citizenship.

Loss of citizenship for the reasons designated in Clauses (b) and (c) [i.e., 2nd and 3rd Clauses, above] of this article shall not be made effective except by definite sentence pronounced after due judicial process before a tribunal of justice, as the law may provide.

ART. 16. Neither marriage nor its dissolution affects the nationality of husband, wife, or their children.

A Cuban woman married to an alien shall retain Cuban nationality.

An alien woman married to a Cuban, and an alien married to a Cuban woman, shall retain his or her original nationality, or shall acquire Cuban nationality upon his or her prior option, as regulated by the Constitution, the law, or international treaties.

ART. 17. Cuban citizenship may be recovered in the form stipulated by law.

ART. 18. No Cuban by naturalization may discharge official functions in the country of his origin in the name of Cuba.

TITLE III   1940 Constitution


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