Report of the President's Commission on the Assassination of President John F. Kennedy

Foreign State Oath Expatriation

Foreign State Oath Expatriation Section 349(a)(2) provides for loss of nationality by taking an oath or making a formal declaration of allegiance to a foreign state. In his October 31, 1959 letter, Oswald wrote “I affirm that his allegiance is to the Union of Soviet Socialist Republics,” and both letters stated his Soviet citizenship application was pending. However, since 1940 it has been well established that an oath of allegiance must be given to an official of the foreign state, not to a party unconnected with the foreign state. There is no indication that Oswald actually took any oath or declaration before an official of the Soviet Government, and therefore he did not expatriate himself under section 349(a)(2).

Foreign Government Employment Expatriation

Foreign Government Employment Expatriation Section 349(a)(4) provides for loss of nationality by accepting employment under a foreign government, either when the person acquires the nationality of that state or when an oath is required for the position. While Oswald was employed in a state-owned factory in Minsk, he did not acquire Russian nationality and there is no indication that any oath was required for the employment. Furthermore, prior judicial decisions hold that merely working in a government-owned factory does not result in expatriation, and several cases under an earlier but similar provision held that government employment taken to subsist was considered involuntary and thus did not result in expatriation. Oswald therefore did not expatriate himself under section 349(a)(4).