CAMBODIAN NATIONALITY

Cambodian Nationality refers to the legal and political bond that links a natural person to the Kingdom of Cambodia. Under the regulations of the Kingdom of Cambodia, Cambodian Nationality may be acquired through 4 (Four) modes, namely: (1) acquisition of Cambodian Nationality by birth; (2) acquisition of Cambodian Nationality through full adoption; (3) acquisition of Cambodian Nationality through marriage; and (4) acquisition of Cambodian Nationality through naturalization. Claims for Cambodian Nationality through marriage and applications for Cambodian Nationality through naturalization may be submitted on a family basis, subject to the conditions and procedural requirements in force under the regulations of the Kingdom of Cambodia. In this monthly legal brief, we do not intend to provide an in-depth explanation of the procedures and formalities for acquiring Cambodian Nationality. Instead, this article focuses on a detailed explanation of the conditions, procedures, and legal formalities relating to the loss of Cambodian Nationality. What are the modes of loss of Cambodian Nationality, and what legal conditions and procedures apply?

Under the regulations of the Kingdom of Cambodia, the loss of Cambodian Nationality occurs through two (2) modes: (1) voluntary renunciation of Cambodian Nationality upon application by the individual concerned; and (2) deprivation of Cambodian Nationality by revocation.

The loss of Cambodian Nationality through voluntary renunciation constitutes a right of Cambodian citizens to express their intention to relinquish their Cambodian Nationality. In order to be eligible to apply for voluntary renunciation of Cambodian Nationality, a Cambodian citizen must be at least eighteen (18) years of age, must possess another Nationality, and must submit an application to the General Department of Identification, together with the required documents: (1) Two (2) copies of an application for the renunciation of Cambodian Nationality; (2) Two (2) copies of a brief curriculum vitae of the applicant, each affixed with a photograph measuring 4 cm × 6 cm; (3) Ten (10) recent photographs, front-facing, without headgear and without eyeglasses, measuring 4 cm × 6 cm; (4) One (1) copy of a certificate evidencing possession of another Nationality, or an official confirmation issued by the competent authority of the country in which the applicant has applied for naturalization; (5) Two (2) copies of the family book or residence book; (6) Two (2) copies of the birth certificate, or copies of the Cambodian national identity card, or copies of the passport of the Kingdom of Cambodia; and (7) In the case of Cambodian citizens lawfully residing abroad, one (1) copy of a certificate of residence issued by the competent authority of the country of residence.

Voluntary renunciation of Cambodian Nationality may also be carried out on a family basis where the applicant has minor children, subject to compliance with the applicable conditions and procedures in force.

 

Deprivation of Cambodian Nationality is a legal power vested in the Kingdom of Cambodia to withdraw Cambodian Nationality from individuals who have committed serious offenses detrimental to national interests, for the purpose of safeguarding national security, public order, social stability, and the sustainable socio-economic development of Cambodia. Deprivation of Cambodian Nationality is classified into two (2) categories, namely: (1) Deprivation of Cambodian Nationality acquired by birth; and (2) Deprivation of Cambodian Nationality from Cambodian citizens who acquired Cambodian Nationality through marriage or through naturalization.

Cambodian Nationality acquired by birth may be deprived only where the Cambodian citizen concerned has attained at least eighteen (18) years of age and possesses another Nationality, or where there are reasonable grounds to believe that such citizen is able to acquire another Nationality or to obtain protection from a foreign State. Pursuant to the provisions of Article 29 (new) of the Law on Nationality, deprivation of Cambodian Nationality acquired by birth may be effected in any circumstances: (a) Commission of acts of treason or collusion with a foreign State that seriously prejudice the core interests of the Kingdom of Cambodia; (b) Engagement in acts that undermine national sovereignty, territorial integrity, or national security; (c) Voluntary service in the armed forces of a foreign State or holding public officer in a foreign State, and refusal to resign therefrom despite an order issued by the Royal Government of Cambodia; or (d) Conviction for a felony or misdemeanor involving offenses against the king, offenses affecting the security of the Sate, or acts of terrorism.

The deprivation of Cambodian Nationality acquired by birth shall be carried out upon obtaining an opinion from the National Advisory Commission on the Deprivation of Cambodian Nationality Acquired by Birth, chaired by the Minister of Interior, with the General Department of Identification of the Ministry of Interior serving as the Secretariat.

The deprivation of Cambodian Nationality acquired by birth shall be decided by Royal Decree, upon the proposal of the Prime Minister, after receipt of the opinion of the National Advisory Commission on the Deprivation of Cambodian Nationality Acquired by Birth.

Pursuant to the provisions of Article 29 (new) of the Law on Nationality, deprivation of Cambodian Nationality from Cambodian citizens who acquired Cambodian Nationality through marriage or through naturalization may be effected in any circumstances: (a) commission of acts of treason or collusion with a foreign State that seriously prejudice the core interests of the Kingdom of Cambodia; (b) Engagement in acts that undermine national sovereignty, territorial integrity, or national security; (c) Voluntary service in the armed forces of a foreign State or holding public office in a foreign State, and refusal to resign therefrom despite an order issued by the Royal Government of Cambodia; or (d) Acquisition of Cambodian Nationality through fraud, misrepresentation, or the provision of false information; or (e) conviction for a felony or misdemeanor involving offenses against the King, offenses affecting the security of the State, or acts terrorism.

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