(a) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, if he has or acquires the nationality of such foreign state; or (b) accepting, serving in, or performing the duties of any office, post of employment under the govern-meat of a foreign state or a political subdivision thereof, for which office, post, or employment an oath, affirmation, or declaration of allegiance is required. * * * 141

While Oswald was employed in a state-owned factory in Minsk, he did not acquire Russian nationality, and there is no indication that he had to take any oath when he obtained this employment.142 Furthermore, prior judicial decisions indicate that merely working in a government-owned factory does not result in expatriation even if an oath was required to be taken in connection with such employment.143 Several cases decided under an earlier but similar statutory provision held that where a person took a government job in order to subsist, such employment, was considered involuntary since it was based on economic duress, and thus it did not result in expatriation.144 Thus, Oswald did not expatriate himself under section 349 (a) (4).

The Commission therefore concludes that Lee Harvey Oswald had not expatriated himself by any acts performed between October 16, 1959, and May 1962, and concurs in the opinion of the State Department that his passport was properly returned to him in July 1961 and properly reissued in May 1962.