Are we obligated to sign the “declaration of choice”/国籍選択届? (Dual Citizenship)

12 comments

1. Best advice; do research and don’t document what you’re doing on the internet.

2. Yes you are. Otherwise, what are you going to do when renewing your japanese passport and they ask if you’re a citizen of another country? Are you going to lie on an official document? There are consequences for that.
   The legal and ethical thing to do is sign the form, choosing to endeavor to give up your other citizenship.

3. Nothing will happen if you don’t sign, or at least to my knowledge nothing has happened *yet* to people who haven’t signed. The next time you renew your passport just be honest and say you have two nationalities since birth. In most cases they’ll let you renew your passport but they might remind you that you have to “endeavor” to choose one (“endeavor” because some countries make it really difficult to get rid of citizenship). But always, always tell the truth.

   EDIT: Take a look at this thread: https://www.reddit.com/r/japanlife/comments/14s6wy9/japanese_passport_application_with_dual/

4. Plenty of topics on here if you research previous questions but to answer quickly.

   Yes you are obligated to do the declaration of choice.
   No currently we haven’t seen people been penalized for not doing so, but there is always a first.
   Yes you can keep both citizenships as long as you were born with them, as long as you choose Japan as citizenship.
   Yes you can renew your Japanese passport after doing your declaration of choice and keep both passports.

5. By not making the Article 14 declaration of choice by the required age the MOJ can unconditionally (i.e without contest or legal recourse) revoke your Japanese nationality via Article 15 paragraph 1:

   >The Minister of Justice may, by written notice, require a Japanese national having a foreign nationality who fails to choose Japanese nationality within the period prescribed in paragraph 1 of the last preceding Article to choose one of the nationalities he or she possesses.

   The deadline to choose being 1 month from written notices

   Or if your location is unknown (I.e resisting my overseas) then Article 15 paragraph 2:

   >The notice provided for in the preceding paragraph may be made by means of announcement thereof in the Official Gazette, in the case where the person who is to receive the notice is missing or in any other circumstances where it is impossible to send the notice to the person concerned. In this case, the notice shall be deemed to reach the person concerned on the day following the day when the announcement is made in the Official Gazette.

   And as outlined in Article 15 Paragraph 3:

   >The person to whom the notice has been sent in accordance with the preceding two paragraphs shall lose Japanese nationality at the expiration of one month after the day he or she receives the notice, unless he or she chooses Japanese nationality within such period. This shall not, however, apply in the case where the person concerned is unable to choose Japanese nationality within such period due to a natural calamity or any other cause not imputable to him or her and he or she has made such choice within two weeks after he or she has become able to do so.

   If you lost Japanese nationality due to Article 15 paragraph 2 you’d have the ability to reacquire it via Article 17 paragraph 2:

   >A person who has received a notice under paragraph 2 of Article 15 and has lost Japanese nationality under paragraph 3 of the said Article may reacquire Japanese nationality by making notification to the Minister of Justice within one year after he or she has become aware of the fact that he or she has lost Japanese nationality, if he or she fulfills the condition set forth in item (5) of paragraph 1 of Article 5. However, in the case where he or she is unable to make notification within the period due to natural calamity or any other cause not imputable to him or her, such period shall be one month after he or she becomes able to do so.

   This is essentially… Naturalization. And Article 5 paragraph 1 states:

   >The Minister of Justice shall not permit the naturalization of an alien unless he or she fulfills all of the following conditions:

   item (5) states:

   >(5) that he or she has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality.

   Basically, meaning you’d have to renounce your other nationality.

   Essentially, losing Japanese nationality due to Article 15 will take away your ability to utilize the ability to be dual national.

   Because, if you make your Article 14 declaration of choice, you’d essentially be protected from Article 15, and instead bound to Article 16.

   Which states

   Article 16 paragraph 1:

   >A Japanese national who has made the declaration of choice shall endeavour to deprive himself or herself of the foreign nationality

   But no where does this state you can unconditionally lose Japanese nationality for not “endeavor’ing” hard enough. So I mean you could maybe lose Japanese nationality via not “endeavor’ing” hard enough but it would require the MOJ to take legal action…. And it would require them to also win. I.e you have legal recourse

   However, you have to make sure you don’t trigger Article 16 paragraph 2:

   >In the case where a Japanese national who has made the declaration of choice but still possesses a foreign nationality has voluntarily taken public office in the foreign country (excluding an office which a person not having the nationality of such country is able to take), the Minister of Justice may declare that he or she shall lose Japanese nationality if the Minister finds that taking such public office would substantially contradict his or her choice of Japanese nationality.

   Also if your other nationality is a country which also requires you to make a declaration of choice when of age (let’s just say for example Singapore).

   Then making a declaration of choice to that country will be a violation of Article 11 paragraph 2:

   >A Japanese national having a foreign nationality shall lose Japanese nationality if he or she chooses the foreign nationality in accordance with the laws of the foreign country concerned.

   Shall result in an automatic loss of Japanese nationality.

   However, if you other nationality is a country which allows dual nationality (UK for example) then UK won’t make you make a choice, so all good 👍

   The other exception is if your other nationality is a country which won’t let you renounce (https://best-citizenships.com/2018/12/09/these-countries-does-not-allow-renouncing-citizenship/)

   But if you hold nationality in one of those non-renouncing countries then you 100% need to make your declaration of choice to Japan.

   Nationality Act: https://elaws.e-gov.go.jp/document?lawid=325AC0000000147

6. I suspect the situation regarding this is: Don’t ask, don’t tell.

7. Legally yes. Morally yes. Ethically maybe. Practically no.

8. lmao, people with duals keep their passports anyways and just don’t say anything

   source: I own two passports, one being japan of course

9. Yes, you are required to sign it. Choose to be Japanese. After that you are only required to “endeavor” to give up your other citizenship(s). There is no requirement to show any proof of what “endeavors” you take, and certainly no requirement to show that you have actually given up your other citizenship(s).

   When you apply for a Japanese passport, check the box that says you have other citizenships and state that you received them at birth. That’s all. You’ll get your passport as usual.

10. When I went to the embassy they said to have my children choose Japan as they will always be American regardless what they report to the Japanese government.

11. My kids hold 3 nationalities including Japanese. Not going to tell you to do anything illegal but if you went to expose yourself or ran for Diet or governor of Tokyo then you should be concerned

12. Unless you’re going into a life of politics and be a politician no one cares