Patrícia Jerónimo (a), whereas the hypothesis in subparagraph (b) is that the children born abroad are attributed by law (i.e. involuntarily) the citizenship of their state of birth. Either way, the consequence is the same: if they have another citizenship and want to renounce their Timorese citizenship, they are entitled to do so. Again, an express renunciation is required. Article 16 (1) (b) of the Nationality Regulation replicates Article 14 (1) (b) of the Nationality Act, with considerable (if ultimately irrelevant) differences in phrasing. Article 16 (1) (b) reads that Timorese citizenship is lost by ‘those born abroad to a Timorese father or mother who, after 17 years of age, declare their wish to renounce their Timorese citizenship’. Instead of setting a deadline for the renunciation that could provide precision to the vague reference to ‘upon reaching majority’ in Article 14 (1) (b) of the Nationality Act, Article 16 (1) (b) of the Nationality Regulation merely clarifies that the declaration must be made after the individuals turn 17 years of age, which must be taken to mean that the renunciation can happen at any time after that point. Also, Article 16 (1) (b) of the Nationality Regulation does not mention the requirement that the individuals have another citizenship in order not to become stateless upon renunciation. This omission is rectified, however, by Article 16 (2) of the Nationality Regulation, which requires that individuals wishing to renounce their Timorese citizenship make a declaration expressing their wish not to be Timorese and present a certificate or a document attesting the acquisition of a foreign citizenship [subparagraphs (a) and (b)]. As with renunciations under Article 14 (1) (a) of the Nationality Act, the National Directorate for Registries and Notary records the renunciation in the book on loss of citizenship [Article 16 (2) (c) of the Nationality Regulation]. Loss of Timorese citizenship acquired by naturalisation following the performance of unauthorised military service on behalf of a foreign state: Per Article 14 (2) (a) of the Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if the naturalised citizen renders military service on behalf of a foreign state, unless the performance of military service is expressly authorised by agreement celebrated with the state in question. As pointed out earlier, in this case, as with the rest of the cases listed in Article 14 (2), no attention is paid to whether or not the withdrawal of Timorese citizenship will render the individual stateless. Upon taking notice, by any means, of the unauthorised performance of military service by a naturalised citizen on behalf of a foreign state, the Public Prosecutor requests the Minister of Justice133 that the individual’s Timorese citizenship be withdrawn [Article 17 (1) of the Nationality Regulation]. The citizen is notified in person of the Public Prosecutor’s request and given 30 days to submit his or her defence to the Minister of Justice [Article 17 (2)]. When this 30-day period elapses, the Minister of Justice decides and communicates his or her decision to the Public Prosecutor and to the interested citizen, who is notified in person of the content of the decision [Article 17 (3)]. If the Minister of Justice dismisses the Public Prosecutor’s request, he or she has 30 days to appeal the decision to the Supreme Court of Justice [Article 17 (4)]. Likewise, if the Minister of Justice rules favourably on the Public Prosecutor’s request, the interested citizen has 30 days to appeal the decision to the Supreme Court of Justice [Article 17 (5)]. Article 17 (7) orders that, if the procedure results in the loss of Timorese citizenship, the Ministry of Justice must communicate it to the Registry. 133 The actual wording is Ministry of Justice, but this seems to be another case of mistaken wording on the part of the legislator. The only time Article 17 of the Nationality Regulation refers to the Minister of Justice instead of the Ministry is actually the only instance where a reference to the Ministry (and not the Minister) would be in order. That is when, at the end of the procedure, it is required that the loss of citizenship be communicated to the Registry [Article 17 (7)], something which is for the Ministry’s staff and not for the Minister to do. The analysis of the procedure as laid down in Article 17 of the Nationality Regulation will treat all references to the Ministry of Justice as references to the Minister of Justice and vice-versa. 36 RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author

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