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tional clerical force that may be required in performing the duties imposed by this subchapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings."

Subsecs. (g) to (i). Pub. L. 101-649, § 407(d)(19)(F), redesignated subsecs. (g) to (i) as (c) to (e), respective

ly.

1988-Subsec. (g). Pub. L. 100-459, as amended by Pub. L. 102-232, § 309(a)(1)(A)(ii), inserted "except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 1356(m) of this title" after "Treasury of the United States".

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 102(b)(3) of Pub. L. 102-232 effective 30 days after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232, set out as a note under section 1421 of this title.

Amendment by section 305(1) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a note under section 1101 of this title.

Amendment by section 309(a) of Pub. L. 102-232 effective as if included in the enactment of the Department of Justice Appropriations Act, 1989, Pub. L. 100-459, title II, and effective with respect to allotments for fiscal years beginning with fiscal year 1989, see sections 309(a)(3) and 310(2) of Pub. L. 102-232, set out as notes under sections 1356 and 1101 of this title, respectively.

§ 1459.

Repealed. Pub. L.

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§ 407(d)(20), Nov. 29, 1990, 104 Stat. 5046 Section, acts June 27, 1952, ch. 477, title III, ch. 2, § 348, 66 Stat. 267; Oct. 24, 1988, Pub. L. 100-525, § 9(gg), 102 Stat. 2622, related to admissibility in evidence of statements voluntarily made to officers and employees in course of their official duties and penalties for failure of clerk of court to perform duties.

PART III-LOSS OF NATIONALITY

§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 8(m), (n) of Pub. L. 100-525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

§ 1483. Restrictions on expatriation

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-525 effective as if included in the enactment of the Immigration and National

ity Act Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.

SUBCHAPTER IV-REFUGEE ASSISTANCE

§ 1522. Authorization for programs for domestic resettlement of and assistance to refugees

REFERENCES IN TEXT

Section 1524(a) of this title, referred to in subsec. (e)(7)(D), was amended generally by Pub. L. 102-110, § 5, Oct. 1, 1991, 105 Stat. 558, and, as so amended, no longer contains paragraphs.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1523 of this title; title 42 sections 1382, 1396s.

§ 1524. Authorization of appropriations

(a) There are authorized to be appropriated for fiscal year 1993 and fiscal year 1994 such sums as may be necessary to carry out this subchapter.

[See main edition for text of (b)]

(As amended Oct. 1, 1991, Pub. L. 102-110, § 5, 105 Stat. 558; June 8, 1993, Pub. L. 103-37, § 1, 107 Stat. 107.)

AMENDMENTS

1993-Subsec. (a). Pub. L. 103-37 substituted "fiscal year 1993 and fiscal year 1994" for "fiscal year 1992". 1991-Subsec. (a). Pub. L. 102-110 amended subsec. (a) generally, substituting present provisions for provisions which authorized appropriations for fiscal years 1987 and 1988 to carry out this subchapter generally and specifically to carry out section 1522(c)(1), (b)(5), and (f) of this title.

CHAPTER 13-IMMIGRATION AND

NATURALIZATION SERVICE

§ 1553. Assistant Commissioners and one District Director; compensation and salary grade

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.

TITLE 9-ARBITRATION

This title was enacted by act July 30, 1947, ch. 392, § 1, 61 Stat. 669

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1990-Pub. L. 101-650, title III, § 325(a)(2), Dec. 1, 1990, 104 Stat. 5120, added item 15 "Inapplicability of the Act of State doctrine" and redesignated former item 15 "Appeals" as 16.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 205, 208, 307 of this title; title 25 section 416a.

§ 4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15 of this title; title 5 section 576.

§ 7. Witnesses before arbitrators; fees; compelling attendance

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 578.

§ 9. Award of arbitrators; confirmation; jurisdiction; procedure

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 580, 581; title 41 section 607.

§ 10. Same; vacation; grounds; rehearing

(a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration

(1) Where the award was procured by corruption, fraud, or undue means.

(2) Where there was evident partiality or corruption in the arbitrators, or either of them.

(3) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the

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controversy; or of any other misbehavior by which the rights of any party have been prejudiced.

(4) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

(5) Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators.

(b) The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.

(As amended Nov. 15, 1990, Pub. L. 101-552, § 5, 104 Stat. 2745; Aug. 26, 1992, Pub. L. 102-354, § 5(b)(4), 106 Stat. 946.)

AMENDMENT OF SECTION

For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below.

AMENDMENTS

1992-Subsec. (b). Pub. L. 102-354 substituted "section 580" for "section 590" and "section 572" for "section 582".

1990-Pub. L. 101-552 temporarily designated existing provisions as subsec. (a), in introductory provisions substituted "In any" for "In either", redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b). See Termination Date of 1990 Amendment; Savings Provision note below.

TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION

For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 571 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9 of this title; title 5 sections 580, 581; title 41 section 607.

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306.

307.

(2) an interlocutory order granting, continuing, or modifying an injunction against an arbitration that is subject to this title; or

(3) a final decision with respect to an arbitration that is subject to this title.

(b) Except as otherwise provided in section 1292(b) of title 28, an appeal may not be taken from an interlocutory order-

(1) granting a stay of any action under section 3 of this title;

(2) directing arbitration to proceed under section 4 of this title;

(3) compelling arbitration under section 206 of this title; or

(4) refusing to enjoin an arbitration that is subject to this title.

(Added Pub. L. 100-702, title X, § 1019(a), Nov. 19, 1988, 102 Stat. 4670, § 15; renumbered § 16, Pub. L. 101-650, title III, § 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.)

AMENDMENTS

1990-Pub. L. 101-650 renumbered the second section 15 of this title as this section.

3-INTER-AMERICAN

Enforcement of Convention.
Incorporation by reference.

Order to compel arbitration; appointment of arbitrators; locale.

Recognition and enforcement of foreign arbi-
tral decisions and awards; reciprocity.
Relationship between the Inter-American
Convention and the Convention on the
Recognition and Enforcement of Foreign
Arbitral Awards of June 10, 1958.
Applicable rules of Inter-American Commer-
cial Arbitration Commission.
Chapter 1; residual application.

§ 301. Enforcement of Convention

The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 448.)

EFFECTIVE DATE

Section 3 of Pub. L. 101-369 provided that: "This Act [enacting this chapter] shall take effect upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30, 1975, with respect to the United States." The Convention was entered into force for the United States on Oct. 27, 1990.

§ 302. Incorporation by reference

Sections 202, 203, 204, 205, and 207 of this title shall apply to this chapter as if specifically set forth herein, except that for the purposes of this chapter "the Convention" shall mean the Inter-American Convention.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 448.)

§ 303. Order to compel arbitration; appointment of arbitrators; locale

(a) A court having jurisdiction under this chapter may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States. The court may also appoint arbitrators in accordance with the provisions of the agreement.

(b) In the event the agreement does not make provision for the place of arbitration or the appointment of arbitrators, the court shall direct that the arbitration shall be held and the arbitrators be appointed in accordance with Article 3 of the Inter-American Convention.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 448.)

§ 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity

Arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced under this chapter only if that State has ratified or acceded to the Inter-American Convention.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 449.)

§ 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958

When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention applies shall, unless otherwise expressly agreed, be made as follows:

(1) If a majority of the parties to the arbitration agreement are citizens of a State or States that have ratified or acceded to the Inter-American Convention and are member States of the Organization of American States, the Inter-American Convention shall apply.

(2) In all other cases the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply. (Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 449.)

§ 306. Applicable rules of Inter-American Commercial Arbitration Commission

(a) For the purposes of this chapter the rules of procedure of the Inter-American Commercial Arbitration Commission referred to in Article 3 of the Inter-American Convention shall, subject to subsection (b) of this section, be those rules as promulgated by the Commission on July 1, 1988.

(b) In the event the rules of procedure of the Inter-American Commercial Arbitration Commission are modified or amended in accordance with the procedures for amendment of the rules of that Commission, the Secretary of State, by regulation in accordance with section 553 of title 5, consistent with the aims and purposes of this Convention, may prescribe that such modifications or amendments shall be effective for purposes of this chapter.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 449.)

§ 307. Chapter 1; residual application

Chapter 1 applies to actions and proceedings brought under this chapter to the extent chapter 1 is not in conflict with this chapter or the Inter-American Convention as ratified by the United States.

(Added Pub. L. 101-369, § 1, Aug. 15, 1990, 104 Stat. 449.)

U.S. GOVERNMENT PRINTING OFFICE: 1994 O-75-801: QL3

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