26 DE MAIO DE 1999

1868-(9)

its territory who do not acquire at birth another nationality. Such nationality shall be granted:

a) At birth ex lege; or

b) Subsequently, to children who remained stateless, upon an application being lodged with the appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal law of the State Party. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application.

3 — Each State Party shall provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory. In establishing the conditions for naturalisation, it shall not provide for a period of residence exceeding ten years before the lodging of an application.

4 — Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons:

a) Spouses of its nationals;

b) Children of one of its nationals, failing under the exception of article 6, paragraph 1, subparagraph a);

c) Children one of whose parents acquires or has acquired its nationality;

d) Children adopted by one of its nationals;

e) Persons who were born on its territory and reside there lawfully and habitually;

f) Persons who are lawfully and habitually resident on its territory for a period of time beginning before the age of 18, that period to be deter-.mined by the internal law of the State Party concerned;

g) Stateless persons and recognised refugees lawfully and habitually resident on its territory.

Article 7

Loss of nationality ex lege or at the initiative of a State Party

1 — A State Party may not provide in its internal law for the loss of its nationality ex lege or at the initiative of the State Party except in the following cases:

d) Voluntary acquisition of another nationality;

b) Acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attribu-

' table to the applicant;

c) Voluntary service in a foreign military force;

d) Conduct seriously prejudicial to the vital interests of the State Party;

e) Lack of a genuine link between the State Party and a national habitually residing abroad;

f) Where it is established during the minority of a child that the preconditions laid down by internal law which led to the ex lege acquisition of the nationality of the State Party are no longer fulfilled;

g) Adoption of a child if the child acquires or possesses the foreign nationality of one or both of the adopting parents.

2 — A State Parly may provide for the loss of its nationality by children whose parents lose that nation-

ality except in cases covered by subparagraphs c) and d) of paragraph 1. However, children shall not lose that nationality if one of their parents retains it.

3 — A State Party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of this article if the person concerned would thereby become stateless, with the exception of the cases mentioned in paragraph 1, subparagraph b), of this article.

Article 8

Loss of nationality at the initiative of the individual

1 — Each State Party shall permit the renunciation of its nationality provided the persons concerned do not thereby become stateless.

2 — However, a State Party may provide in its internal law that renunciation may be effected only by nationals who are habitually resident abroad.

Article 9 Recovery of nationality

Each State Party shall facilitate, in the cases and under the conditions provided for by its internal law, the recovery of its nationality by former nationals who are lawfully and habitually resident on its territory.

CHAPTER IV Procedures relating to nationality

Article 10

Processing of applications

Each State Party shall ensure that applications relating to the acquisition, retention, loss, recovery or certification of its nationality be processed within a reasonable time.

Article 11 Decisions

Each State Party shall ensure that decisions relating to the acquisition, retention, loss, recovery or certification of its nationality contain reasons in writing.

Article 12 Right to a review

Each State Party shall ensure that decisions relating to the acquisition, retention, loss, recovery or certification of its nationality be open to an administrative or judicial review in conformity with its internal law.

Article 13

Fees

1 — Each State Party shall ensure that the fees for the acquisition, retention, loss, recovery or certification of its nationality be reasonable.

2 — Each State Party shall ensure that the fees for an administrative or judicial review be not an obstacle for applicants.