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[Draft] Citizenship and Diplomatic Administration Act

Posted: Sat May 03, 2014 2:34 pm
by Cormac
Citizenship and Diplomatic Administration Act

Section 1: Executive Empowerment

1. The Pharaoh will have the power to approve or deny applications for citizenship, diplomatic recognition, and embassy exchange, as well as to oversee maintenance and revocation of such status, according to the standards established by this Act. The Pharaoh may delegate these powers to one or more subordinate executive officials.

Section 2: Admission and Maintenance of Citizenship

1. The Pharaoh or designated official(s) will, within seven days of their filing, approve all applications for citizenship filed by applicants who meet the following criteria at the time their application is reviewed:

(a) The applicant meets all of the criteria defined by Section 6.1(a)-(b) of the State Code of Osiris;

(b) The applicant has been completely truthful in the answers provided on their application for citizenship;

(c) The applicant does not have persona non grata status or admission of the applicant to citizenship would not violate a sentence imposed by the Pschent of Osiris at the time their application is reviewed;

(d) The applicant has sworn the following oath: "I, [Applicant's Name], swear that I have, to the best of my knowledge, been completely truthful in applying for citizenship in the Osiris Fraternal Order and that I have no other NationStates identity that has not been made known in this application. I swear my allegiance to the Osiris Fraternal Order and its citizens, and I swear not to engage in hostilities against the Osiris Fraternal Order or to violate its laws."

2. All citizens will maintain their citizenship in the Osiris Fraternal Order provided they maintain a nation in the region Osiris and provided they have not been sentenced to revocation of citizenship by the Pschent.

3. The Pharaoh or designated official(s) will review citizen nations every thirty days and will publicly grant citizens who have not maintained nations in Osiris a seven day grace period to restore a nation to Osiris. Any citizen who does not restore a nation to Osiris during this grace period will have their citizenship revoked. Any former citizen may re-apply for and be granted citizenship provided they meet the criteria of Section 2.1(a)-(d) of this Act.

4. All individuals who have been admitted to and have maintained citizenship under previous procedures will maintain valid citizenship in the Osiris Fraternal Order unless and until they fail to meet the requirements of Section 2.2 of this Act.

Section 3: Establishment and Maintenance of Diplomatic Recognition

1. The Pharaoh or designated official(s) will, within seven days of their filing, review all applications for diplomatic recognition and either approve or reject them.

2. The Pharaoh or designated official(s) will not approve any application for diplomatic recognition filed by an applicant who has persona non grata status or if diplomatic recognition of the applicant would violate a sentence imposed by the Pschent at the time their application is reviewed.

3. Foreign representatives granted diplomatic recognition will maintain diplomatic recognition according to the standards established by the Pharaoh or designated official(s).

Section 4: Persona Non Grata Status

1. The Pharaoh will have the power to declare any individual who is not already a citizen of the Osiris Fraternal Order persona non grata, rendering the individual ineligible for citizenship or diplomatic recognition. The Deshret must be notified of all persona non grata declarations at the time they are made. Declarations of persona non grata made by the Pharaoh will remain in effect until overturned by the Pharaoh or the Deshret.

2. Any Councilor of the Deshret may motion for a declaration of persona non grata made by the Pharaoh to be overturned. The Deshret may overturn a declaration of persona non grata by a simple majority vote.

3. Any Councilor of the Deshret may motion for an individual who is not already a citizen of the Osiris Fraternal Order to be declared persona non grata. The Deshret may declare an individual persona non grata by a simple majority vote. Declarations of persona non grata passed by the Deshret will remain in effect until repealed by the Deshret.

Section 5: Acceptance and Maintenance of Embassy Exchange

1. The Pharaoh or designated official(s) will, within seven days of their filing, review all applications for embassy exchange and either approve or reject them. The Pharaoh will approve an embassy exchange application filed by any region that has a treaty in effect with the Osiris Fraternal Order.

2. The Pharaoh or designated official(s) will not approve any application for embassy exchange filed by any region that has declared war against the Osiris Fraternal Order or against which the Osiris Fraternal Order has declared war until cessation of the state of war. Any embassy already maintained with such a region will be immediately closed upon declaration of war.

3. Regions or organizations granted embassy exchange will maintain their embassies according to the standards established by the Pharaoh or designated official(s) or by this Act. Any region that has a treaty in effect with the Osiris Fraternal Order will maintain its embassy until repeal of the relevant treaty or treaties by the Deshret.

Section 6: Forum Administration

1. Forum administration may deny any application for citizenship or diplomatic recognition, before or within fourteen days after its approval by the Pharaoh or designated official(s), if the applicant is using a proxy IP address or otherwise represents a compelling and demonstrable risk to forum security.

Section 7: Repeal of Previous Legislation

1. The Applications Administration Act is hereby repealed in its entirety.
I've drafted this as a replacement for the Applications Administration Act for three reasons:

1. The Deshret Reform Amendment Act renders Section 5 of the AAA obsolete and burdensome on the Executive, and Section 5.3 unconstitutional.

2. The removal of mandatory Scribes from the State Code makes it more practical to assign these tasks to the Pharaoh or generic relevant executive official(s) rather than to specific Scibes as the AAA currently does.

3. The AAA is otherwise flawed in several ways, including not taking into account sentences imposed by the Pschent and not mandating that treaty allies maintain their embassies until the relevant treaty or treaties are repealed. Additionally, I've been able to add two simple provisions (Sections 2.2-3) that deal with maintenance of citizenship and eliminate the need for a separate law.

Thoughts?

[Draft] Citizenship and Diplomatic Administration Act

Posted: Sat May 03, 2014 5:10 pm
by Datford-Zyvetskistaahn
May I take this moment to, once more, complain about the oath required for citizenship and ask that it either be made explicitly unlawful for the swearing of the said oath (and any other oath) to be required, or for it explicitly required by the law, rather than an arbitrary imposition by the executive.


[Draft] Citizenship and Diplomatic Administration Act

Posted: Sun May 04, 2014 5:01 pm
by Cormac
The Applications Administration Act already renders the oath legally optional, and this would continue that. No oath is included in the criteria for admission to citizenship and the law is quite clear that an applicant, upon fulfilling the legal criteria, must be granted citizenship -- so the oath is optional.

[Draft] Citizenship and Diplomatic Administration Act

Posted: Sun May 04, 2014 6:04 pm
by Severisen Montresor
I think this is quite solid. I would not be opposed to some form of activity requirement, however, including logging into the forum at least on a monthly basis.

[Draft] Citizenship and Diplomatic Administration Act

Posted: Tue May 06, 2014 11:37 pm
by Cormac
We could go that route if we want. The main reason I didn't go for any higher requirements is decision-making rights -- voting, standing for office -- are currently both vested in the Deshret, which already has much higher activity requirements. But we certainly could include an activity requirement for citizenship.

[Draft] Citizenship and Diplomatic Administration Act

Posted: Wed May 07, 2014 12:54 pm
by Treize Dreizehn
I like this. Though it is fair to note that if a Pharaoh was really keen on that oath they could just PNG the guy who refused to take it, decline the application, and then reverse the PNG declaration.

[Draft] Citizenship and Diplomatic Administration Act

Posted: Wed May 07, 2014 1:01 pm
by Lord Ravenclaw
Treize Dreizehn wrote:Wed May 07, 2014 5:54 pmI like this. Though it is fair to note that if a Pharaoh was really keen on that oath they could just PNG the guy who refused to take it, decline the application, and then reverse the PNG declaration.
That'd be a quick way for the Pharaoh to lose the powers of PNG, I think.

[Draft] Citizenship and Diplomatic Administration Act

Posted: Wed May 07, 2014 10:44 pm
by Cormac
Agreed with that; I would hope no Pharaoh would abuse the PNG power in such a way, and if one did I would imagine it would quickly become an exclusive power of the Deshret.

Any thoughts on the activity requirement Sev suggested? I would like to get moving on this given that the AAA contradicts the State Code and is still on the books.

As a note, I just edited in a fourteen day limit on forum administration's ability to deny an application for security reasons. There previously was no limit, which essentially meant a forum administrator could deny the citizenship application of someone who has been a citizen since December on security grounds. :lol:

[Draft] Citizenship and Diplomatic Administration Act

Posted: Wed May 07, 2014 10:56 pm
by Lord Ravenclaw
I would like to see the oath being mandatory, personally. I think making it optional is just... it doesn't sit right with me.

I would be fine with activity requirements, providing that there are exemptions to certain people who have *ahem* certain positions. (aka me if I take a few months off to recover from two years hard labour :P)

[Draft] Citizenship and Diplomatic Administration Act

Posted: Wed May 07, 2014 11:16 pm
by Cormac
I'm personally fine with a mandatory oath, and fine with not having one. The primary reasons I didn't include one in this legislation are:

a) Violation of the oath carries no criminal penalty in the Criminal Codex.
b) All behavior that one swears not to engage in through the oath is already criminalized by the Criminal Codex, and therefore already actionable.

In other words, we can make the oath mandatory but it is still an oath with no legal teeth. It's just words. Meanwhile, we do already have legal teeth to punish the actions one swears not to commit through the oath. To me, the oath is superfluous, but if we find the words important I'm fine with making it mandatory and don't really have strong feelings either way. I'd like to hear more discussion on that point and if we seem to be in favor of a mandatory oath I will include it in the above legislation.

Regarding activity requirements, that's one of the reasons I lean against them. Given that voting and running for office are exclusive to the Deshret, there is no need for activity requirements and they would just impose a burden on citizens. We should want citizens to be able to come back and easily be active whenever they're able to do so, without having to go through the whole application process again. Since citizens have no role in regional decision-making unless they join the Deshret, which already has activity requirements, I don't see any point in imposing an activity burden upon citizenship. Again, though, I don't have incredibly strong feelings here either, so if a majority is in favor of an activity requirement I'll write that into the legislation -- but if we're going to want exceptions, I need specifics so I can better draft the language.