OTHER (NON-MILITARY) SERVICE TO A FOREIGN COUNTRY Nationality can also be lost in response to other (non-military) service to a foreign country – a ground present in the legislation of 75 countries (while 115 countries do not have such a provision). In 45 of the states where this power exists, the loss provision is generally applicable, while in 30 countries, it is restricted to certain groups of nationals – again, usually nationals by naturalisation. These provisions traditionally only cover those who formally take up a position in another state’s civil service, state agencies, and/or certain international organisations. This may still give states considerable leeway, as the explanatory memorandum to the Austrian loss provision states that taking up a governmental position in the private sector (e.g. in a privatised government agency) can also result in the loss of nationality.37 Counterintuitively, while it is required that the person acts in a manner that substantially damages the interests and reputation of Austria, these acts do not have to be connected to the services that the person provides to the other state.38 The provisions can also be much broader in scope and may cover the provision of services without taking up any official position. For example, nationality of the United Arab Emirates can be lost if a person has “acted for the benefit” of a hostile nation.39 Just as for military service, the provisions are not necessarily limited to recognised states and may also cover services provided to unrecognised states. Further conditions commonly apply to this ground of loss. In 21 countries,40 the provisions cover services provided to an enemy state or a state with which the country is at war. For example, nationals of Mali can lose their nationality on this ground if they hold a position in a foreign service of a state that conducts hostilities against Mali.41 In six countries,42 nationality can only be lost on this ground if the service constitutes a threat to the country. In Algeria, for example, the service must either be incompatible with the person’s status as an Algerian national or damaging to the Algerian State.43 In 18 countries, nationality can only be lost on this ground if a person continues to provide services to a foreign country after having been summoned to halt these services. In six countries,44 a person can avoid the loss of nationality by obtaining prior permission for providing services to a foreign state. It is important to note that these provisions are not always security related. First of all, some countries also provide for the loss of nationality for services to a foreign state that do not constitute a security threat. For example, Azerbaijani nationality can be lost if a person voluntarily serves in the state or municipal bodies of a foreign country.45 In other countries, such as Papua-NewGuinea, taking up an elective office in a foreign state is sufficient to lead to the loss of nationality. Such loss provisions are likely based on principled objections against divided allegiance rather than security concerns. OTHER OFFENCES The fourth security-related ground for loss of nationality is other offences, generally encompassing certain specified offences that do not amount to disloyalty or harm to the interests or security of the state, or offences that are punished with a sentence that surpasses a certain minimum threshold. For example, naturalised nationals of Madagascar can be deprived of nationality if they have been convicted in Madagascar or elsewhere for a crime under Madagascan law and sentenced to imprisonment for a duration of at least five years.46 The majority of countries do not provide for loss of nationality due to other offences. A total of 112 have no such provision, versus just 78 countries that do. In almost all cases (73 out of 12 78 countries), the provision is restricted to certain groups of nationals – usually nationals by naturalisation. Only five countries have a loss provision that is generally applicable to all citizens in relation to other offences. This ground for loss of nationality is very broad in nature, and the provisions therefore vary greatly. In all countries, the provisions contain certain restrictions; there is no country where any offence can result in the loss of nationality. In approximately twothirds of the countries, a minimum sentence applies, meaning that nationality can only be lost if a person is convicted to a prison sentence of a certain duration. In 21 of these countries, a minimum sentence of 12 months imprisonment applies, while in five countries, a minimum sentence of either two or three years imprisonment is required. Even though these minimum thresholds are relatively low, in all except three of these cases, the loss of nationality can only occur if the person has been convicted for such an offence within a certain time limit, commonly a period of five years after the acquisition of nationality. In 18 countries, a higher minimum sentence of five years imprisonment applies. In these cases, only a minority of five countries also apply a time limit. Only one country, namely Vanuatu, applies a higher minimum sentence, namely a prison sentence of at least 10 years (without a limitation in time). In approximately one-third of the countries, nationality can only be lost for certain specified offences. These specifications are usually broad in scope, stating for example that it must be a ‘serious offence’ (South-Sudan) or an offence involving fraud, dishonesty or moral turpitude (Gambia). In a handful of countries, a combination of both restrictions applies, meaning that nationality can be lost either for certain specified offences or if a certain minimum sentence is surpassed. Importantly, the majority of these countries require that a person must be convicted for an offence and that the imposed sentence is equal to or above the minimum sentence. However, in some countries, it suffices that a person is convicted for an offence that is punishable with at least the minimum sentence, which is a significantly lower threshold. In addition to that, in a number of countries, the provision does not explicitly require that a person must be convicted. The Columbian provision, for example, states that naturalisation can be revoked if a person has committed a crime that may lead to extradition.47 Lastly, it is important to note that not all of the provisions are security related. For example, naturalised nationals of the Dominican Republic can lose nationality if they behave immorally or act contrary to public decency, which is arguably broader than security alone. In countries in the MENA region, nationality can commonly be lost if a naturalised national has been convicted for crimes against honour or dishonourable crimes, which may also cover certain punishable sexual acts (e.g. adultery). 2.3. WHAT OTHER NATIONALITY RULES HAVE BEEN ‘SECURITISED’? National security considerations have not only affected deprivation provisions, but also conditions for acquisition of nationality. States commonly aim to deter malevolent individuals from acquiring nationality, for example by imposing certain character conditions or excluding applicants who have committed certain crimes in the past. Such requirements exist in 160 states for persons who want to acquire nationality through ordinary naturalisation. In 68 of these states, only a generic requirement without any further specification exists – for instance requiring that the person be of 'good character' or 'good behaviour'. In the other 92 states, the requirement is further specified and security-related language becomes visible. Various countries make explicit reference to interests of (national) security and public order, which may impede acquisition of nationality, or even to terrorism explicitly. In Turkey, for instance, a person must be of good morals, and not pose a threat to national security or public order to be able to naturalise.48 In Portugal, naturalisation is not possible