Law on Serb Citizenship ("Republika Srpska") Date of Entry Into Force: 18 December 1992 Note: This is an unofficial translated consolidation.The Law was published in the official bulletin of the "Republika Srpska", Sluzbeni Glasnik Republike Srpske, No.19, dated 18 December 1992.The Amendment, No. 02-874/96, was published in the official bulletin of the "Republika Srpska", Sluzbeni Glasnik Republike Srpske, No. 16 dated 22 July 1996. It entered into force on 30 July 1996.Please note that this Law was repealed by the Law on Citizenship of Bosnia and Herzegovina; I. - General Provisions II. - The Acquisition of Serb Citizenship III. - The Termination of Serb Citizenship IV. - Reacquisition of Serb Citizenship V. - Procedure in Cases of Serb Citizenship VI. - Transitional and Concluding Provisions A note on translation: I. - General Provisions Article 1 This law regulates the manner, conditions, and procedure for the acquisition and termination of citizenship of Republika Srpska (hereafter, Serb citizenship). Article 2 A citizen of Republika Srpska who also has foreign citizenship shall be considered exclusively as a Serb citizen by authorities in the state administration of Republika Srpska. II. - The Acquisition of Serb Citizenship Article 3 Serb citizenship is acquired: 1. By origin; 2. By birth on the territory of Republika Srpska; 3. By naturalization; 4. By international agreement. Article 4 Serb citizenship by origin is acquired by a Serb child: 1. Whose parents both have Serb citizenship at the time of the child's birth; 2. One of whose parents has Serb citizenship at the time of the child's birth, and the child is born on the territory of Republika Srpaska; 3. One of whose parents has Serb citizenship at the time of the child's birth and the other is without citizenship or is unknown, and the child is born abroad. Article 5 A child who is born abroad and one of whose parents has Serb citizenship at the time of the child's birth acquires Serb citizenship by origin if he is registered as a Serb citizen before the age of 18 by an authority of Republika Srpska or if he establishes residence on the territory of Republika Srpska before the age of 18. A child who is born abroad and one of whose parents has Serb citizenship at the time of the child's birth acquires Serb citizenship even if he does not fulfill any of the conditions in the previous paragraph if that child would otherwise remain without citizenship. A child who acquires Serb citizenship in accordance with the provisions of the previous paragraphs is considered a Serb citizen from birth. Article 6 A child who is born or found on the territory of Republika Srpska acquires Serb citizenship if both of his parents are unknown or of unknown citizenship or are without citizenship. Serb citizenship for a child [who achieves citizenship in accordance with the provisions] from the preceding paragraph will terminate if before the age of 14 it is determined that his parents are foreign citizens and the conditions for requirements Serb citizenship under this law are not met. Article 7 A foreigner can acquire Serb citizenship by naturalization if he has submitted a request for admission into citizenship and fulfills the following requirements: 1. That he has reached the age of 18 and has not been found incompetent or is still under the lawful custody of his parents, or that he has acquired his majority at the age of 16 through emancipation; 2. That he has actually and continuously lived for at least five years on the territory of Republika Srpska before submitting the request; 3. That he knows the Serbian language and the Cyrillic alphabet; 4. That his previous behavior demonstrates that he respects the legal order and customs of Republika Srpska and that he accepts Serbian culture; 5. That he has not been denied residence in Republika Srpska; 6. That he has not been received a prison sentence longer than one year for a crime prosecuted ex officio; 7. That his acceptance into Serb citizenship does not represent a danger for public order, security, or defense of the country. Article 8 A foreigner who is married to a Serb citizen shall be admitted to Serb citizenship even if he does not meet the requirements in points 1, 2, and 3 of Article 7. Article 9 An emigrant and his descendants can become naturalized Serb citizens even if they have not met the requirements in points 1 to 3 of Article 7. Article 10 A foreigner who is married to an emigrant who acquires Serb citizenship according to the provisions of the previous article can acquire Serb citizenship even if he does not meet the requirements in points 1, 2, and 3 of Article 7. Article 11 In Articles 9 and 10 of this law, an emigrant is a person who has emigrated from Republika Srpska with the intention of permanently living abroad. Article 12 A minor shall acquire Serb citizenship: 1. If both parents have acquired citizenship by naturalization, or 2. If the child lives in Republika Srpska and only one of his parents has acquired citizenship by naturalization, or 3. If only one of his parents has acquired citizenship through naturalization, the other parent is without citizenship or has unknown citizenship, and the child lives abroad. If the child has reached the age of 14, the consent of the child is necessary to acquire citizenship in the cases in point 2 and 3 of this law. Article 13 A foreigner whose admission to Serb citizenship would be in the interest of Republika Srpska will be admitted to citizenship even if he or she does not fulfill the requirements in Article 7, points 1 to 3 of this law. A spouse, a person who has acquired Serb citizenship, can acquire Serb citizenship in the case [mentioned] in the previous paragraph of this article even if he does not fulfill the requirements in Article 7, points 1 to 3 of this law. Article 14 A minor [who has] foreign citizenship or [is] without citizenship, who has been fully adopted by a Serb citizen, acquires Serb citizenship at the request of his adopted parents even if he does not fulfill the requirements in Article 7, points 1 to 3 of this law. Article 15 A member of the Serb people who does not have a domicile in Republika Srpska can acquire Serb citizenship even though he does not fulfill the requirements in Article 7, points 1 to 4 of this law [upon submission] of a written statement that he considers himself to be a citizen of Republika Srpska. The statement [mentioned] in the previous paragraph shall be submitted to the appropriate authority or to a diplomatic or consular representative of Republika Srpksa abroad. III. - The Termination of Serb Citizenship Article 16 Serb citizenship shall terminate: 1. by dismissal; 2. by renunciation; 3. by annulment; 4. by international agreement Article 17 A Serb citizen will be dismissed from citizenship if he submits a request for dismissal with appropriate documents that prove; 1. that he is competent, 2. that there are no obstacles in regard to military service, 3. that he has settled all contributions, taxes, and other financial obligations, as well as other obligations to legal and natural persons that can be documented, 4. that he has regulated his social security and employment obligations, 5. that he has regulated his property obligations, toward a spouse or parents and toward persons who live in Republika Srpska, 6. that no criminal suit for crimes committed ex officio has been lodged against him or that, if he has been sentenced to prison in Republika Srpska, he has served that sentence, and, 7. that he has acquired or can prove that he will acquire foreign citizenship. The appropriate authority for issuing decisions about a dismissal of individuals from Serb citizenship can freely decide on its own about the dismissal from Serb citizenship if all requirements for dismissal from Serb citizenship are fulfilled, if reasons of security of other particular state interests demand it, or if it is required for reasons of reciprocity from a foreign country. Article 18 A decision about dismissal from Serb citizenship will be annulled if a person who has been dismissed does not acquire foreign citizenship within one year from the day of the decision and continues to live in Republika Srpska. A decision about dismissal from Serb citizenship can be annulled on the request of the person who was dismissed [and who] emigrated from Republika Srpska if that person did not acquire foreign citizenship within one year from the day of emigration, if [that person] notifies the Ministry of Internal Affairs of Repbulika Srpska. Article 19 The Serb citizenship of a child under the age of 18 terminates by dismissal at the request of both parents whose citizenship in Republika Srpska has ceased through dismissal or if the citizenship of one parent ceases and the other parent does not have that citizenship. A fully adopted minor child of a foreign citizen shall be released from Serb citizenship at the request of the adopted parents until the child attains majority. When the child is older than 14, his assent is also necessary. Article 20 A Serb citizen who also has foreign citizenship but was born and lives abroad can maintain Serb citizenship until the age of 25. After that time he cannot use the right of renunciation. A Serb citizen who also has foreign citizenship with the right of domicile abroad but was born on the territory of Republika Srpska can select Serb citizenship after the age of 25 if he submits the appropriate documents that prove that no definite obstacles exist as provided in Article 17, Points 4, 5,and 7 of this law. A person who renounces Serb citizenship shall submit a statement to the Ministry of Internal Affairs of Republika Srpska. Article 21 The Serb citizenship of a child under the age of 18 ceases on the request of both parents whose Serb citizenship has ceased because of renunciation, or if the citizenship of one parents ceases in that manner and the other parent is a foreign citizen. The Serb citizenship of a fully adopted minor child until his majority ceases through renunciation at the request of his adopted [parents] who are foreign citizens. When the child is older than 14, his consent is necessary. Article 22 The Serb citizenship of a Serb citizen who permanently lives abroad can be annulled if through his actions he damages the international or other interests of Republika Srpska. Actions that can damages the interests of Republika Srpska include; 1. membership in an organization whose activity is directed at the destruction of the constitutional order of Republika Srpska 2. membership in a foreign intelligence service that damages the interests of Republika Srpska or if by work in a state body or organization of a foreign power damages those interests. A decision about the annulment of Serb citizenship can be issued summarily in exceptional cases. The citizenship of a person whose Serb citizenship has been rescinded ceases on the day on which the decision is delivered. If the decision cannot be delivered, Serb citizenship ceases on the day of publication in the "Official Gazette of Republika Srpska." Article 23 A Serb citizen who also has foreign citizenship and a domicile abroad, can have his Serb citizenship taken away: 1. if by explicit statement or acts he refuses to perform the duties of citizens of Republika Srpska as provided for in the Constitution and laws; 2. if he actively participates in the work of an organization whose goals are opposed to the general principles of the United Nations and the General Declaration on Human Rights. IV. - Reacquisition of Serb Citizenship Article 24 A person whose Serb citizenship has terminated when he was a minor according to the regulations in Articles 19 and 21 of this law reacquires it again if he lives continuously in Republika Srpska until he is 25 and submits a request to reacquire citizenship of Republika Srpska. Serb citizenship that is reacquired through the submission of a request will be reacquired on the day it is registered in the register of citizenship. V. - Procedure in Cases of Serb Citizenship Article 25 The Central Office of the Ministry of Internal Affairs decides about the acquisition and termination of Serb citizenship, whereas the acquisition of citizenship by origin and birth on the territory of Republika Srpska does not require a special decision. A request for admission into Serb citizenship, like a request for release from Serb citizenship, is submitted to the Ministry of Internal Affairs through any police station in the region in which the individual requesting has a domicile, but if the person submitting the request lives abroad permanently or has resided abroad longer than 60 days, the request [should be] submitted through the diplomatic or consular missions of Republika Srpska abroad. A foreign citizen who permanently resides or has permission to reside temporarily in Republika Srpska, submits the request for Serb citizenship through the police station in the region where he has domicile or residence. A request for the reacquisition of Serb citizenship is submitted through the police station in the region where the person submitting the request resides. A Serb citizen submits a renunciation of Serb citizenship to the Central Office of the Ministry of Internal Affairs or through a diplomatic or consular missions of Republika Srpska. The Central Office of the Ministry of Internal Affairs makes a decision to affirm Serb citizenship, if it is disputable. Article 26 The Ministry of Internal Affairs is not responsible to enumerate the reasons that contributed to the taking of a decision that rejects a request for admission into Serb citizenship by naturalization (Articles 7, 9, and 13 of this law) or a request for the reacquisition of Serb citizenship (Article 24 of this law). Article 27 If one parent is not alive or is unknown or cannot exercise parental rights or for whatever reasons is prevented during the prescribed period to make a statement but according to the regulations of this law the agreement of both parents is necessary in connection with the determination of the citizenship of the child, the other parent [can] make a statement about the citizenship of the child. Article 28 The Ministry of Internal Affairs maintains the records about the admission of foreigners to Serb citizenship, about dismissal from Serb citizenship, about renunciation and about revocation of Serb citizenship. Article 29 A specially authorized registrar will maintain the records on Serb citizenship in the register of citizens. Article 30 The Ministry of Internal Affairs will notify the appropriate registrar about the acquisition and annulment of Serb citizenship because of registration in the register of citizens. Article 31 Serb citizenship is proved by an identification card or valid passport for a citizen of Republika Srpska. A Serb citizens who does not have one of the documents [mentioned] in paragraph 1 of this article proves Serb citizenship by a certificate of Serb citizenship, which is issued by a specially authorized registrar on the basis of documents about Serb citizenship. VI. - Transitional and Concluding Provisions Article 32 According to this law, a Serb citizen is: 1. A person who, until the passage of this law, had Serb citizenship of the Socialist Republic of Bosnia and Herzegovina, in the part of the territory of the former Socialist Republic of Bosnia and Herzegovina that became the territory of the Republika Srpska, 2. [repealed by No. 02-874/96.] 3. [repealed by No. 02-874/96]. 4. A citizen of former SFRY who is born on the territory of other former republics of the SFRY and who by 22 December 1995 registered a domicile on the territory of Republika Srpska is citizen of Republika Srpska. Persons who have not registered a residence in Republika Srpska can request admission to citizenship of Republika Srpska within three months. A person who does not register at the appropriate police station within the period provided by law shall be subject to the Law on Movement and Residence of Foreigners during residence on the territory of Republika Srpska. Article 33 A person whose citizenship of People's Republic of Bosnia and Herzegovina and the Federal People's Republic of Yugoslavia was revoked by the Law on the Revocation of Citizenship: junior officers and officers of the former Yugoslav Army who do not intend to return to their fatherland, members of the armed forces who did not serve occupying forces but who fled abroad, as well as persons who fled after the liberation ("Official Gazette of the FNRY," number 86/46) and their children may acquire Serb citizenship if, within one year from the date of entry of this law into force, they submit a request for the acquisition of Serb citizenship to the Ministry of Internal Affairs of the Republika Srpska. Serb emigrants whose citizenship has terminated because of absence may acquire Serb citizenship under the conditions [laid out] in the preceding paragraph of this article. Article 34 The Central Office of the Ministry of Internal Affairs shall be authorized to adopt regulations on the form and the contents of the form of the documentation on citizens of Republika Srpska; on the manner of recording that documentation; as well as on the form and the contents of the form of the citizenship certificate. Article 35 On the basis of the documentation about citizens of the former Socialist Republic of Bosnia and Herzegovina that was recorded according to previous regulations, the authorities that possess those documents shall issue a citizenship certificate of Republika Srpska. Article 36 On the day this law enters into force, the following laws will cease to be valid. The Law on Citizenship of the SFRY ("Official Gazette SFRY," number 58/76) [and] The Law on Citizenship of the SR BiH ("Official Gazette SR BiH," number 10/77). Article 37 This law enters into force on the date of its publication in "The Official Gazette of Republika Srpska". A note on translation: Some of the terms used in the Law on Serb Citizenship do not have exact equivalents in English. For example, the terms borovak and prebivaliste, which have been translated as, respectively "residence" and "domicile", distinguish between temporary legal residence and permanent legal residence. For example, a foreigner can be granted a borovak in Sarajevo, but his prebivaliste would be in his home country. In this law, the term poslovini sposobnost (which literally means "capable of business") has usually been translated as "competent." This legal category is based on a series of laws from the SFRY, which have been on a series of laws from SFRY, which have been updated (13/94, 2/92, 20/90, 44/89, 24/79, and 9/79)