1952/1953. information for bearers of passports (december 24, 1952), issued by the passport office,...

8/3/2019 1952/1953. Information for Bearers of Passports (December 24, 1952), issued by the Passport Office, Department

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Information forBearers of Passports

DECEMBER 24, 1952(Su_bject _o change without notice)

Replaces edition of February 1, 1952

SPECIAL NOTE: An American Citizen,whether native or n a t u r a l i z ~ d , should readcarefully section II regarding t h ~ laws of theUnited States which govern the loss ofAmerican nationality. A naturalized citizenshould read those parts of sections III or IVwhich relate to the country of which he wasoriginally a national. Persons born in theUnited States of alien parents should alsoread those sections with care, as well asparagraphs 18, 19, and 20of section I.

PASSPORT OFFICE, DEPARTMENT OF STATE

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CONTENTSIGeneral informationIILoss of nationality .IIIStatus of American citizens in certaincountries with the governments of whichthe United States has concluded treatiesconcerning naturalization and agreements regulating th e liability to militaryservice or other act of allegiance ofpersons having -dual nationality .

ALBANIAAusTRIABELGIUMBULGARIA.CzECHOSLOVAKIA DENMARK FINLANDFRANCE ' GERMANY GREAT BRITAINH u N G A R Y .LITHUANIA

II

PAGE

1

20

36363738424548515257606061

i l l -Continued10RWAY

PoRTUGAL.SwEDEN SwiTZERLAND

IVStatus of American citizens in certaincountries with the governments of whichth e United States has not concludednaturalization treaties.

EGYPT EsTONIAGREECE.IRAN IsRAELITALY.LATVIANETHERLANDSPOLAND.RUMANIA SPAIN SYRIA and LEBANONTURKEY

. UNION OF SoviET SociALIST R E -

PAGE61646870

73747576818488898991939495

101PUBLics 105

YuGosLAVIA 107

I I I

/

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INFORMATION FORBEARERSOF PASSPORTS

WARNINGSpecial attention is called to paragraph 8qf this pamphlei concerning the regulationsof foreign countries pertaining to money andother valuables and- containing particularwarning with regard to regulations in foreigncountries governing th e money and othervaluables which travelers may bring into andtake out of the countries they expect to visit.

L GENERAL INFORMATIONirfFlH E FOLLOWING IS AN EXCERPT FROM1.1 a report made by a Congressionalcommittee upon its return from Centraland South America:

"Tourists who assume an air of arrogance orwho transcend the common bounds of decencyin human conduct can do more in the courseof an hour to break down elements of friendlyapproach between peoples than the Government can do in the course of a year in tryingto stimulate friendly relations. As we act soare we judged, words to the contrary n o t w i t h ~ standing, and it is fervently to be hoped thatour citizen travelers will have a growing appreci ation of this fact and deport themselves in amanner befitting their station and training."R eturn transportation andhotel accommodations

Persons applying for passports shouldarrange for homeward transportationupon a fixed date prior to their departurefrom the United States and assure them-elves that reservations have been made

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for. their hotel accommodations uponarnval abroad. American diplomaticand consular officers in Europe have req u e s ~ e d the Department to warn passportapph?ants that they are not in a positionto assist persons in obtaining return transportation to the United States. I f suchpersons fail to obtain hQmeward transportation prior to departure from theUnited States or do not return on thefacilities previously reserved, they maybecome stranded abroad for an indefiniteperiod at considerable financial loss andpersonal hardship. American ForeignService officers are unable to cash orendorse personal checks of Americancitizens traveling abroad. In the circumstances it is important that travelersshould carry with them sufficient travelerschecks or currency to enable them to meetany emergency;Passport applications for persons sub-ject to the draft

Persons proceeding abroad who areof the draft age should keep their localboards advised of their whereabouts.2

u in political affairs in foreigncountriesThe Department of State has alwaysconsidered that it is improper for_\.merican citizens to interfere in thepolitical affairs of foreign countries and

in general has taken such action asground for refusing passport and registration facilities to them or extendingprotection to them. Particular attentionis called to the fact that under section 349of the Immigration and Nationality Actof 1952 an American citizen loses hisnationality by voting in a political election in a foreign state; or by taking anoath or making an affirmation or otherformal declaration of allegiance to aforeign state or a political subdivisionthereof ; or by accepting, serving in, orperforming the duties of an office, post,or employment under the government ofa foreign state or political subdivisionthereof if he has or acquires the nationality of such foreign state or if an oath,affirma tion, or declaration of .allegianceis required for such office, post, oremployment. 3


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l . SignatureThe signature of the person to whoma passport is issued should be affixed in

the places indicated therein immedi-ately upon its receipt.The passport is not valid unless it has

been signed. The bearer should also fillin the blank spaces on the inside cover ofthe passport. 2. Loss, destruction, mutilation, o; al-teration of passport

A passport, whether valid or expired, isan important document. It should not beallowed to pass into the possession of anunauthorized person. The mutilatioN oralteration .in any way of an unexpiredpassport may render it invalid and sub-ject the person to whom it was issued notonly to inconvenience but also to possibleprosecution under the law.3. The loss or destruction of a valid passport should be reported immediatelyto the Passport Office, Department ofState, Washington 25, D. C., or to thenearest American consular o f f i c ~ r .

4

The application for a new passport toreplace a yalid passport which it is allegedhas been lost, destroyed, or mutilatedmust be accompanied by a detailed state-ment, in the form of an affidavit, of thecircumstances under which the passportis alleged to have been lost, destroyed, ormutilated.5. As a rule, new passports can be issuedin cases referred to in paragraph 4 onlyafter an exhaustive inquiry.6. Amendment of passport

Passports may be amended to includeor to exclude the American wife and_\m erican minor children of the person towhom issued, upon the written request ofthe bearer. The passport agents inBoston, Chicago, New Orleans, NewYork, and San Francisco have authorityto amend passports. Passports may alsobe amended by American consular officersand, in the absence thereof, by Americandiplomatic officers; _ and they may beamended by the chief executive officersof the outlying possessions of the United=:tates.

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7. Regulations of foreign governmentsPassport and other travel regulations offoreign countries vary and are subject tochanges. They also vary with respect tothe outlying dominions, colonies, mandated territories, or dependencies of

foreign countries. For authentic inform ~ t i o n regarding such regulations, in-q m ~ y should be made, before leaving theUmted States, of the diplomatic or consular representatives of the countries tobe ~ i s i t e d ~ i t h r ~ f e r e n c e to the followings u ~ J e c t s : visas; ~ m p o r t and export regulatwn.s; regulatiOns pertaining to thecarrymg of personal arms and ammunition; baggage; photography tax travel

"d ' ' 'es1 ence; health; vaccination; and em-ployment regulations.8 . R_egulations of foreign countries per-tammg to money and other valuables

These regulations may require thattravelers' money be carried in checks orbank drafts which would facilitate thetaking out of funds upon departure fromthe particular foreign country. Travelers

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~ ~ . avoid unnecessary delays and diffies by informing themselves beforeand whether monetary restrictions are iniorce in the countries they expect to visitand how they apply to foreign travelers..=uch information may be obtained fromthe diplomatic or consular officers of thecountries to be visited.It is understood in particular that regulations in European countries may requirethat persons reaching the border declareto the authorities the kind and amount ofmoney and other valuables in their possession such as jewelry, furs, cameras,typewriters, et cetera, and obtain an attestation of the fact, which attestation willenable them to take out of the country themoney and other valuables brought in bythem. Travelers should inquire at thefirst place of entry in each country as towhat, if any, regulations of this natureare applicable to them. Failure to makea declaration when required by foreignlaw or regulation, whether or not requested to do so by the customs or otherofficia l at the place of entry, may subjectthe travelers to confiscation of their

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money or other valuables and the imposition of fines exceeding many times thevalue of the money and other valuables.In many countries permits to take outmoney and other valuables must be obtained from the appropriate Governmentofficial.UNITED KINGDOM: RESTRICTIONS ON TH E

AMOUNT OF BANK NOTES WHICH MAYBE BROUGHT IN AND TAKEN OUTThe amount of United Kingdom banknotes which rna y be brought into theUnited Kingdom by any person whotravels to the United Kingdom from someplace outside the United Kingdom, otherthan the Channel Islands and Eire, or who

touches at any place outside the UnitedKingdom while traveling from the Channel Islands or Eire, is limited to 10sterling in value; a limit of 5 sterlingis placed on the value of the bank noteswhich an outgoing traveler may take withhim on leaving the United Kingdom. Therestrictions imposed by the order are applicable without discrimination to al ltravelers, and no exception to its pro-8

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for travel in certain countries, prospective travelers are cautioned to consult theappropriate foreign consuls before leaving the United States. The PassportOffice issues a circular entitled Fees of~ o r e i g n Countries for the Visa of Amerzcan Passports. This circular gives notonly the visa fees charged by foreigncountries but also the regulations of thevarious foreign countries as to the waivingof visas. This circular may be obtainedfrom the Passport Office of the StateDepartment upon request. Moreover, ascertain foreign visas are valid for onetrip only, or restricted in the period oftime for which they may be used, applicants for visas should be careful to in-form the foreign consular officer to whomapplication for a visa is made of the ex-pected number of trips into such foreigncountry and the length of the intendedsojourn therein.Difficulties are frequently encounteredby travelers when attempting to obtain:permissio? for an extension of their staym a foreign country beyond the periodfor which the visa is waived or beyond the10

od designated in the visa. Travelers: air must comply with the same visaregulations as apply to travelers by land r 1rater.

. American citizens urgently advisedo obtain visas from the appropriate, oreign consuls stationed in this coun-try before beginning t h e i r journeys

It is understood that the regulations ofmost foreign countries require that a visabe obtained before the American citizenleaves the United States. Therefore_\m erican citizens proceeding abroadmust assure themselves tha t the necessaryTisas have been placed in their passportsby the foreign representatives in theL nited States of the countries they intendto visit. Should there be any question1rhatsoever with regard to the necessity ofobtaining visas for travel in certain coun-tries , prospective travelers are cautionedconsult the appropriate foreign consulsbefore leaving the United States.11. Special documents required foreisas for certain countries(a) Certain special certificates for

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travel in Latin America. Most countriesof Latin America are understood to re~ u i r e that applicants for visas present certificates of vaccination against smallpoxand ;must also present health certificates.Many countries of Latin America also re~ u i r e police certificates. As the regulations of the particular foreign countriesgoverning these different matters vary fre~ u e n t l y it is n_ot practicable to attempt tohst the countnes. Appropriate information will be furnished by the consuls of thecountries to be visited.(b) Smallpox vaccination for travelto foreign countries. The United States~ u b l i c Health Service urges all prospective travelers to foreign countries whoare not immune to smallpox by previousattack or successful vaccination within 3years, as evidenced by a valid vaccinationc e r t i ~ c a t e , to be ,vaccinated prior to embarkmg on such travel and to secure a certificate on which the result of the vaccination is recorded. Otherwise passengersmay. be _subjected to possible delay andvaccmahon before they are readmitted tothe United States.

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c) Inoculation requirements forrel throughout the world. It is urgedt_ A m r i ~ a n citizens obtain appropri-::e moculatwns before leaving the United

~ t a t e s since this will tend to safeguard...ealth and may avoid possible difficultiesrmder the quarantine regulations of:oreign countries. Inquiry concerningthe inoculation requirements of a foreigncountry should be made of the nearestrepresentative of the United States Public Health Service or of the Division ofForeign Quarantine, Public Health Service, Federal Security Agency, Washing-on 25, D. C.; or inquiry on this subjectmay be made of the nearest consularrepresentative of the foreign country inthe United States.

Visas to include outlying posses-ons, etc.Americans.who intend to travel in certa in ~ o ; e i g n c o u n t ~ i e s , and in the outlyingdommwns, colomes, or dependencies of

:illCh countries, are cautioned to inquire~ r ~ i n g , and obtain, if necessary, specific v1sas not only for the foreign coun-236008'--53----3 13


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try, but for the outlying dominions,colonies, or dependencies in which theyintend to travel.13. Visas for American cUzens whoare classed as immigrants

It is understood that persons proceeding as immigrants to foreign countriesmust have their passports visaed for thatpurpose. Particular inquiry should bemade by American citizens of the diplomatic and consular officers of the countries to which they expect to proceedwhether they will be classed as immigrants and for that reason be required tobe in possession of passports and visas.In order to establish whether they willbe classed as immigrants they should becareful to make clear to such officers thereason for their intended visit and theduration of their intended stay.14. Department of State does not actas intermediary in obtaining visas

The visa regulations of foreign governments are enforced directly by the representatives of those governments.14

-1 t is an accepted maxim of international, that every sovereign nation has the power,inherent in sovereignty, and essential toself-preservation, to forbid the entrance of

.: reigners within its dominions, or to admit- em only in such {:ases and upon suchconditions as it may see fit to prescribe."- upreme Court, January 18, 1892, Nishimura Ekiu v. U.S., 142 U.S. 651.)15. Permits for work in foreign coun-tries

An American citizen who intends totake up employment in a foreign countryshould, before leaving the United States,inquire at a consulate of such countrywh ether he is required to obtain a permit.I f so, such permit should, if possible, beapp lied for and obtained through the con-ulate before departure from the United""'tates.Colonization projects in foreign coun-tries

American citizens are warned that theyshould not undertake colonization in foreign countries until after careful inquiryand investigation. Before . permittingthem selves to engage in a venture of this15


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kind, interested persons should first seekthe advice, through the Department ofState of the American Embassy or Legation ltationed in the country in which theycontemplate settling. By taking this precaution, interested persons may be appropriately informed of climatic, . .geographic, and other relevant conditiOns.Prudent inquiry of this kind may be themeans of saving much trouble, includingfinancial loss.16. Registration at American Consulate

American c i t i ~ e n s intending to makean extended sojourn in a foreign countryshould register at the nearest AmericanConsulate immediately upon arrival inthe - foreign country.It is also suggested that the travelercall at the American Embassy, Legation,or consular office in each of the citiesvisited abroad, giving his local address,the- date of expected departure, and hisforwarding address. I f he reports anydifficulty which he is experiencing locally,the office maybe able to render assistanceor give helpful advice.

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l 7. Registration with local authoritiesInformation in regard to local police

~ e g i s t i o n , e t c . , in foreign countriesillould be obtained from the local l;!Uiliorities direct or through the nearestA.mericiln Consulate.18. Dual nationality

Persons born in the United States ofunnaturalized parents acquire Americancitizenship under American law and as ageneral rule also acquire the nationalityof the country of which their parents arena tionals. Often foreign nationality isre tained even when the parents of theperson born in the United States are subsequently naturalized as United Statescitizens during the minority of the child.A person possessing the . nationality ofboth the United States and a foreign counh-y, who habitually resides in the territory of such foreign country and who is infact most closely connected with thatcountry, should not expect to receive theprotection of this Government while he isresiding in such country, and it is not thepractice of the Department to make repre-17


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sentations in his behalf with a view to hisrelease from the performance of militaryor other obligations to the foreign country:American citizens of dual nationalityare warned of the provisions of section350 of the Immigration and NationalityAct of 1952 covering divestiture of American nationality in cases of those whoacquire dual nationality at birth. Theseprovisions will be effective on and afterDecember 24, 1952. See section II hereunder entitled "Loss of Nationality."19. Failure to recogni:.e American naturalization

A number of foreign countries withwhich the United States has not concluded naturalization treaties do not regard the naturalization of their citizens orsubjects in this country as resulting in theloss of their original allegiance. In sucha case, a person born in the United Statessubsequent to the naturalization of afather whose American naturalization isnot recognized by the country of whichhe was a citizen or subject at the time ofsuch naturalization, may be considered to18

_cquire at birth the status of a national of- e country of his father's origin under:he laws of that country.20. Military service in foreign coun-tries

Persons claiming citizenship throughnaturalization, either in their own rightor through a parent, and persons born inthis country of . foreign-born parents,should, before proceeding to the countryof their origin, if born abroad, or that ofthe origin of their parents, i f born in theUnited States, ascertain their status withregard to military service in such country.Inquiries regarding such matters may bemade to the diplomatic and consularofficers in the United States of thosecountries.American citizens are particularlywarned that serving in the armies of foreign countries may result in the loss oftheir American citizenship, and in thisconnection attention is called to sectionII hereunder entitled "Loss of Nationality".

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II. LOSS OF NATIONAEITY21. The Immigration and Nationality

Act of 1952 (66 Stat.163), approvedJune 27, 1952, effective December24, 1952 .This act provides in part as follows:

CHAPTER 3-LOSS OF NATIONALITYLoss of Nationality by Native-Born orNaturalized Citizen"SEc. 349. (a) From and after the effectivedate of th is Act a person who is a national ofthe United States whether by birth or naturalization, shall lose his nati_?nality b y -" (1) obtaining naturalization in a f o r e i g ~ state upon his own application, upon an application filed in his behalf by a parent, guardian,or duly authorized agent, or through thenaturalization of a p a ~ ; e n t having legal custody

of such person: Provided, That nationalityshall not be lost by any person under thissection as the result of the naturalization qf aparent or parents while such person is underthe age of twenty-one years, or as the resultof a naturalization obtained on behalf of a

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person under twenty-one years age by aparent, guardia!1l, or duly authonzed g ~ n t , unless such person shall fail to enter the. Um!eda t e s to establish a permanent residence pnorto his twenty-fifth birthday: And providedjurther, That a person who shall have lostnationality prior to January 1, 1948, throughthe naturalization in a foreign state of a parentor parents, may, within one year fr?m theeffective date of this Act, apply for a VIsa andfor admission to the United States as a nonquota immigrant under the provisions of sec

tion 101 (a) (27) (E); or"(Z) taking an oath or making an a ~ r m a tion or other formal declaration of allegianceto a foreign state or a political subdivisionthereof; or" (3) entering , or serving in, the armedforces of a foreign state unless, prior to suchentry or service, such entry or service isspecifically authorized in writing by the Secretary of State and the S ~ c r e t a r y of ~ e f e n s e : Provided, That the entry mto such service by aperson prior to the attainment ?f his eighteenthbirthday shall serve to expatnate such persononly if there exists an option to secure a r ~ l e a s e from such service and such person falls toexercise such option at the attainment of hiseighteenth birthday; or" (4) (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state

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or a political subdivision thereof, i f he hils oracquires the nationality of such foreign state;or (B) accepting, serving in, or performingthe duties of any office, post, or employmentunder the government of a foreign state or apolitical subdivision thereof, for which office,post, or employment an oath, affirmation, ordeclaration of allegiance is required; or" (5) voting in a political election in a foreign 'state or participating in an election orplebiscite to determine the sovereignty overforeign territory; or" (6) making a formal renunciation of nationality before a diplomatic or consular officerof the United States in a foreign state, in suchform as may be prescribed by the Secretaryof State; or" ( 7) making in the United States a formalwritten renunciation of nationality in suchform as may be prescribed by, and before suchofficer as may be designated by, the AttorneyGeneral, whenever the United States shall bein a state of war and the Attorney General shallapprove such renunciation as not contrary tothe interests of national defense; or"(8) deserting the military, air, or navalforces of the United States in time of war, i fand when he is convicted thereof by courtmartial and as the result of such conviction isdismissed or dishonorably discharged from theservice of such military, air, or naval forces:Provided, That, notwithstanding loss of nation-22

ality or citizenship under the terms of this orprevious laws by reason of desertion committedin time of war, restoration to active duty withsuch military, air, or naval forces in time ofwar or the reenlistment or induction of such aperson in time of war with permission of competent military, air, or naval authority shall bedeemed to have the immediate effect of restoring such nationality or citizenship heretoforeor hereafter so lost;.or" ( 9) committing any act of treason against,or attempting by force to overthrow, or bearing arms against, the United States i f and whenhe is convicted thereof by a court martial or bya court of competent jurisdiction; or" (10) departing from or remaining outsideof the jurisdiction of the United States in timeof war or during a period declared by the President to be a period of national emergency forthe purpose of evading or avoiding trainingand service in the military, air, or naval forcesof the United States. For the purposes of thisparagraph failure to comply with any provision of any compulsory service laws of theUnited States shall raise the presumption thatthe departure from or absence from the UnitedStates was for the purpose of evading or avoiding training and service in the military, air, ornaval forces of the United States.

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conclusively presumed to have done so voluntarily and without having been subjected toduress of any kind, if such person at the time ofthe act was a national of the state in which theact was performed and had been physicallypresent in such state for a period or periodstotaling ten years or more immediately prior.to such act.

Dual Nationals; Divestiture of .'\"ationality"SEc. 350. A person who acquired at birththe nationality of the United States and of aforeign state and who has voluntari ly soughtor claimed benefits of the nationality of anyforeign state shall lose his United States nationality by hereafter having a continuousresidence for th ree years in the foreign state

of which he is a na tional by birth at any timeafter attaining the age of twenty-two yearsunless he shal l-" (l) prior to the expiration of such threeyear period, take an oath of allegiance to theUnited States before a United States diplomaticor consular officer in a manner prescribed bythe Secretary of State; and" (2) have his residence outside of theUnited States solely for one of the reasons setforth in paragraph (1), (2) , (4), (5), (6),(7), or (8) of section 353, or paragraph ( l)or (2) of section 354 of this title: Provided,however, That nothing contained in this sec-24

tion shall deprive any person of his UnitedStates nationality if his foreign residence shallbegin after he shall have attained the age ofsixty years and shall have had his residence inthe United States for twenty-five years afterhaving attained the age of eighteen years.-Restrictions on Expatriation

"SEC. 351. (a) Except as provided inparagraphs (7) , (8) , and ( 9) of section 349of this title, no national of the United Statescan expatriate himself, or be expatriated, under this Act while within the United States orany of its outlying possessions, but expatriation shall result from the performance withinthe United States or any of its outlying possessions of any of the acts or the fulfillmentof any of the conditions specified in this chapter if and when the national thereafter takesup a residence outside the United States andits outlying possessions."(b) A national who within s{x monthsafter attaining the age of eighteen years assertshis claim to United States nationality, in suchmaimer as the Secretary of State shall by regulation prescribe, shall not be deemed to haveexpatriated himself by the commission, priorto his eighteenth birthday, of any of the actsspecified in paragraphs (2), (4), (5), and(6) of section 349 (a) of this title.

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Loss of Nationality by Naturalized National"SEC. 352. (a ) A person who has becomea national by naturalization shall lose hisnationality b y -" ( 1) having a continuous residence forthree years in the territory of a foreign state

of which he was formerly a national or in whichthe place of his birth is situated, except as provided in section 353 of this title, whether suchresidence commenced before or after the effective date of this Act;"(2) having a continuous residence for fiveyears in any other foreign state or states, exceptas provided in sections 353 and 354 of thistitle, whether such residence commenced beforeor after the effective date of this Act.

"(b) (1) Forthepurposeofparagraph (1)of subsection (a ) of this section, the time during which the person had his residence abroadsolely or principally for a reason or purposewithin the scope of any provision of section353 shall not be counted in computing quantumof residence."(2) For the purpose of paragraph (2) ofsubsection (a) of this section, the time duringwhich the person had his residence abroadsolely or principally for a reason or purposewithin the scope of any provision of sections353 and, 354 shall not be counted in computingquantum of residence.

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Section 352 Not Effective as to CertainPersons"SEc. 353. Section 352 (a) shall have noapplication to a national who-" (1) has his residence abroad in the employment of the Government of the UnitedStates; or" (2) is receiving compensation from theGovernment of the United States and has hisresidence abroad on account of disability in

curred in its service; or" (3) shall have had his residence in theUnited States for not less than twenty-five yearssubsequent to his naturalization and shall haveattained the age of sixty years when the foreign residence is established; or" (4) had his residence abroad on October14, 1940, and temporarily has his residenceabroad, or who thereafter has gone or goesabroad and temporarily has his residenceabroad, solely or principally to represent abona fide American educational, scientific,philanthropic, commercial, financial, or business organization, having its principal officeor place of business in the United States, ora bona fide religious organization having anoffice and representative in the United States,or an internati0nal agency of an official character in which the United States participates,for which he receives a substantial compensation; or

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" ( 5) has his residence abroad and is prevented from returning to the United Statesexclusively (A) by his own i l l health; or(B) by the i l l health of his parent, spouse,or child who cannot be brought to the UnitedStates, whose condition requires his personalcare and attendance: Provided, That in suchcase the person having his residence abroadshall, at least every six months, register at theappropriate Foreign Service office and submitevidence satisfactory to the Secretary of Statethat his case continues to meet the requirements of this subparagraph; or (C) by reasonof the death of his parent, spouse, or child:Provided, That in the case of the death of suchparent, spouse, or child the person having hisresidence abroad shall return to the UnitedStates within six months after the death ofsuch relative; or" (6) has his residence abroad for the purpose of pursuing a full course of study of aspecialized character or attending full-time aninstitution of learning of a grade above thatof a preparatory school : Provided, That suchresidence does not exceed five years; or"(7) is the spouse or child of an Americancitizen, and who has his residence abroad forthe purpose of being with his American citizenspouse or parent who has his residence abroadfor one of the objects or causes specified inparagraph (1), (2), (3), (4), (5), or (6)

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of this section, or paragraph (2) of section354 of this title; or" ( 8) is the spouse or child of an American Jnational by birth who while under the age oftwenty-one years had his - residence in theUnited States fo r a period or periods totalingten years, and has his residence abroad for thepurpose of being with said spouse or parent;or ."(9) was born in the United States or oneof its'outlying possessions, who originally hadAmerican nationality and who, after havinglost such nationality through marriage to analien, reacquired it; or" ( 10) has, by Act of Congress or by treaty,United States nationality solely by reason offormer nationality and birth or residence inan area outside the continental United States:Provided, That subsections (b) and (c) ofsection 404 of the Nationality Act of 1940, asamended (8 U.S. C. 804 (b) and (c)), shallnot be held to be or to have been applicableto persons defined in this paragraph.

Section 352 (A) (2) Not Applicable as toCertain Persons"SEc. 354. Section 352 (a) (2) of thistitle shall have no application to a national-" (i) who is a veteran of the SpanishAmerican War, World War I, or World WarII, and the spouse, children, and dependent

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parents of such veteran whether such residencein the territory of a foreign state or states con:-menced before or after the effective date of thisAct: Provided, That any such veteran whoupon the date of the enactment _of this Ac! hashad his residence continuously m the terntoryof a foreign state of which he was f?rm_erly _anational or in which the place of his birth ISsituated for three years or more, and who hasretained his United States nationality solelyby reason of the provisions of section 406 (h)of the Nationality Act of 1940, shall not besubject to the provisions or requirements ofSection 352 (a) (1) of this title: Providedfurther, That the provisions of section 404 (c)of the Nationality Act of 1940, as amended,shall not be held to be or to have been applicable to veterans of World War II;"(2) who has established to the satisfaction of the Secretary of State, as evidenced bypossession of a valid unexpired United Statespassport or other valid document issued by theSecretary of State, that his residence is temporarily outside of the United States for t?epurpose of (A) carrying on a commercialenterprise which in the opinion of the S ~ c r etary of State will directly and substantiallybenefit American trade or commerce; or (B)carrying on scientific research on behalf of aninstitution accredited by the Secretary of Stateand engaged in research which in the opinionof the Secretary of State is directly and sub-

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stantially beneficial to the . i n t ~ r e s t s of theUnited States; or (C) engagmg m such workor activities, under such unique .or unusualcircumstances, as may be determmed by theSecretary of State to be directly and s u b s ~ a n tially beneficial to the interests of the UmtedStates;" (3) who is the widow or widower of acitizen of the United States and who has attained the age of sixty years, and who has hada residence outside of the United States andits outlying possessions for a period of notless than ten years during all of which perioda marriage relationship has existed with aspouse who has had a residence outside of theUnited States and its outlying possessions inan occupation or capacity of the type designated in paragraphs (1), (2), (3), (4), or(5) (A) of section 353, or paragraphs (1) ,

(2), or (4) of this section;" (4) who has attained the age of sixtyyears, and has had a residence outside of theUnited States and its outlying possessions fornot less than ten years during all of whichperiod he has been engaged in an occupationof the type designated in paragraphs (1), (2! ,or (4) of section 353, or paragraph (?) ofthissection, and who is in bona fide retirementfrom such occupation; or" (5) who shall have had his residence inthe United States for not less than twenty-fiveyears subsequent to his naturalization and

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prior to the establishment of his foreignresidence.Loss of American Nationality Through Parent's Expatriation; Not Effective UntilPerson Attains Age of Twenty-Five Years

"SEc. 355. A person having United Statesnationality, who is under the age of twenty-oneand whose residence is in a foreign state withor under the legal custody of a parent whohereafter loses United States nationality undersection 350 or 352 of this title, shall also losehis United States nationality if such person hasor acquires the nationality of such foreignstate: Provided, That, in such case, UnitedStates nationality shall not be lost as the resultof loss of United States nationality by theparent unless and until the person attains theage of twenty-five years without having established his residence in the United States.Nationality Lost Solely From Performance ofActs or Fulfillment of Conditions

"SEc. 356. The loss of nationality underthis chapter shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this chapter.Application of Treaties; Exceptions

"SEc. 357. Nothing in this title shall beapplied in contravention of the provisions of32

any treaty or convention to which the UnitedStates is a party and which has been ratifiedby the Senate upon the effective date of thistitle: ProvUed, however, That no woman whowas a national of the United States shall bedeemed to have lost her nationality solely byreason of her marriage to an alien on or afterSeptember 22, 1922, or to an alien raciallyineligible to citizenship on or after March 3,1931, or, in the case of a woman who was aUnited States citizen at birth, through residenceabroad following such marriage, notwithstanding the provisions of any existing treaty orconvention."

The same act provides as follows:"SEc. 101. (a) As used in this Act -"(21) The term 'national' means a personowing permanent allegiance to a state."(22) The term 'national of the UnitedStates' means (A) a citizen of the UnitedStates, or (B) a person who, though not acitizen of the United States, owes permanentallegiance to the United States."(23) The term 'naturalization' means theconferring of nationality of a state upon a person after birth, by any means whatsoever." ( 33) The term 'residence' means the place

of general abode; the place of general abodeof a person means his principal, actual dwelling place in fact, without regard to intent.33


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Residence shall be considered continuous forthe purposes of sections 350 and 352 , , .where there is a continuity of stay but notnecessarily an uninterrupted physical presencein a foreign state or states or outside theUnited States."

22. Cancellation of naturalization dueto residence abroad within 5 years afternaturalizationSection 340 (d) of the same act readsas follows:

" (d) I f a person who shall have been naturalized shall, within five years after suchnaturalization, return to the co'untry of hisnativity, or go to any other foreign country,and take permanent residence therein, it shallbe considered prima facie evidence of a lackof intention on the part of such person toreside permanently in the United States at thetime of filing his petition for naturalization,and, in the absence of countervailing evidence,it shall be sufficient in the proper proceedingto authorize the revocation and setting asideof the order admitting such person to -citizenship and the cancellation of the certificate ofnaturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and settingaside of the order admitting such person to

34

citizenship and such canceling of certificate ofnaturalization shall be effective as of theoriginal date of the order and certificate, respectively. The diplomatic and consular offi-cers of the United States in foreign countriesshall from time to time, through the Department of State, furnish the Department ofJustice with statements of the names of thosepersons within their respective jurisdictionswho have been so naturalized and who havetaken permanent residence in the country oftheir nativity, or in any other foreign country,and such statements, duly certified, shall beadmissible in evidence in al l courts in proceedings to revoke and set aside the order admitting to citizenship and to cancel thecertificate of naturalization."

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III. STATUS OF AMERICAN CITIZENS IN CERTAIN COUNTRIESWITH THE GOVERNMENTS OFWHICH THE UNITED STATESHAS CONCLUDED TREATIESCONCERNING NATURALIZATION AND AGREEMENTS REGULATING THE LIABILITY TOMILITARY SERVICE OR OTHERACT OF ALLEGIANCE OF PERSONS HAVING DUAL NATIONALITY

23. The following information concerning military regulations of certain foreigncountries as possibly affecting Americancitizens is believed to be correct but is notto be considered as official so far as itrelates to the laws and regulations of aforeign government:24. Albania

The United States does not recognizethe present Albanian regime and does notmaintain diplomatic or consular repre-36

sentatives in Albania. The present Albanian regime does not recognize thecontinuing validity of the natura lizationtreaty between the United States and Albania signed April 5, 1932, by whichnaturalized American citizens of Albanian origin were formerly protected inAlbania, and the Albanian authoritieshave refused to grant permits to Americancitizens to leave that country for the purpose of returning to the United States. I tis therefore inadvisable for American citizens to attempt any travel to Albaniaunder existing conditions. Passports arestamped as not valid for travel to Albaniaunless specifically endorsed under theauthority of the Department of State asbeing valid for such traveL25. Austria

The Department understands that as ofApril 27, 1945, under the Austrian lawpertaining to the. transfer of citizenship,all persons shall be regarded as Austriancitizens who were Austrian citizens onMarch 13, 1938, provided that no circumstances effecting the loss of such citi-

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zenship, as by serving in the public ormilitary forces of a foreign state, aroseprior to April 27, 1945. The law further provides that persons who duringWorld War II voluntarily served in themilitary forces of one of the Allied nations shall be exempted from loss of Austrian nationality. I t is understood thatunder the Austrian law of July 10, 1945,as amended in 1949, regarding the acquisition .and loss of Austrian citizenship,such citizenship is lost upon naturalization in a foreign country, but that it is possible to retain Austrian citizenship in suchcases by special consent of the AustrianGovernment.

There are apparently no laws at presentin force in Austria bearing on militaryservice, since the Austrian Governmenthas not been permitted to maintain armedforces and will not receive this right untilafter the conclusion of a treaty.26. Belgium

In accordance with article 2 (4) ofchapter II of the law on militia, recruit-38

ing, and obligations of service of June 15,1951, al l Belgian subjects are automatically registered or must themselvesregister in the recruiting reserve on January 1 of the year in which they reachtheir seventeenth birthday. Article 6(1), chapter III, provides, however, thatthey are not considered as having violatedthis requirement unless they have failedto enter their names for enrollment beforeDecember 31 of the year in ~ h i c h they attain the .age of 18. According to article4 (1), chapter III, Belgian subjects arecalled to perform military service duringthe year in which they attain the age of 19.Under the terms of the naturalizationconvention between the United States andBelgium, signed November 16, 1868, aBelgian naturalized as a citizen , of theUnited States is considered by Belgiumas a citizen of the United States, but uponreturn to Belgium he may be prosecutedfor a crime_or misdemeanor committedbefore naturalization, saving such limitations as are established by the laws ofBelgium.

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A naturalized American, formerly aBelgian, who has resided five years in thiscountry cannot be held to military servicein Belgium, or to incidental obligationsresulting therefrom, in the event of hisreturn, except in cases of desertion fromthe regular military or naval service ormobilized reserve, or in certain othercases provided for by Belgian law.

Under Belgian law a person who wasborn in the United States of Belgian parents may, upon reaching the age of 16,renounce Belgian nationality with the approval of the persons whose consent wouldbe necessary to validate his marriage.This consent may be given either in theact of renunciation itself or in a separateaffidavit received by the registrar incharge. If such consent cannot be ob-tained, he may, in order to avoid diffi-culties during a temporary stay in Belgium, request that he be inscribed withthe Belgian militia and at the same time ask that he be suspended from militaryservice until he has attained the age of 21,when he can execute the act of renuncia-

40

tion of Belgian nationality without theapproval of his legal guardian.

I f renunciation is made after December ,31 of the year in which the person attainsthe age of 19, he must first request andobtain the permission of the Belgian Gov-ernment, as provided for in ar ticle 18subdivision 1, third paragraph of the l a ~ on Belgian nationality, as he is at thattime liable to obligations of military service in the active Army and the reserve.

The duration of military obligations inthe active Army and the reserve is 15years, a?d at the end of that period ad ~ c l a r a t w n of renunciation may be madewithout the special consent of the BelgianGovernment, unless the person involvedis c _ o ~ s i d e r e d as_ a deserter or a personavmdmg conscnption. The latter can-.not be apprehended or held in the serviceafter December 31 of the year in whichhe reaches the age of 38. At that time heceases to be under military obligationsar:d may renounce Belgian nationalityWithout the consent of the Belgian Gov-ernment. The deserter, however, should

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request and obtain the consent of the Gov-ernment regardless of his age.The renunciation of Belgian nationality should be executed, . in B e l ~ i u ~ , before the Registrar of V1tal Statistics

at the place of residence or, in foreigncountries, before a Belgian diplomatic orconsular representative.27. Bulgaria

Operation of the naturalization t r e a ~ y between the United States and Bulganawhich was signed on November 23, 1923,was suspended from December 13, 1941,_ as a result of the state of war between theUnited States and Bulgaria. The treatyof peace with Bulgaria signed at ParisFebruary 10, 1947, provides that withinsix months from the coming into forcethereof each Allied or Associated Powerwill notify Bulgaria which of its prewarbilateral treaties with Bulgaria it desiresto keep in force or revive. The treaty ofpeace entered into force September 15,1947. On March 9, 1948, the Government of the United States, through the

42

American Minister at Sofia, notified theBulgarian Government that it desired tokeep in force or revive certain prewarbilateral treaties and other international'agreements with Bulgaria, among whichwas the naturalization treaty signed atSofia on November 23, 1923.The treaty provides in substance asfollows:

A national of Bulgaria who has beennaturalized as a citizen of the UnitedStates is recognized as an American citizen upon his return to the country of hisorigin, subject to any law providing thatBulgarians do not lose their nationalityby becoming naturalized in another country during a period when Bulgaria is atwar. Bulgarians who have become naturalized as American citizens are not,upon returning to Bulgaria, subject topunishment for the original act of emigration or for failure prior to naturalizationto respond to calls for military serviceaccruing after bona fide residence wasacquired in American territory. I f ana-tional of Bulgaria who has been natural-

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ized as a citizen of the United States shallrenew his residence in Bulgaria withoutthe intent of returning to the United'States, he may be held to have renouncedhis naturalization. The intent not to return may be held to exist when a personnaturalized in the United States shall haveresided 2 years or more in Bulgaria.

Under article 6 of the law on Bulgariancitizenship, published in the Official Gazette, No. 70, dated March 26, 1948, aBulgarian citizen desirous of acquiringforeign nationality does not lose his Bulgarian citizenship until after having ob-tained previous authorization from theBulgarian Ministry of Justice to that effect. The Bulgarian Ministry ofForeignAffairs has informed the American Legation at Bucharest that failure to obtainpermission for naturalization in a foreignstate from the Ministry of Justice willsubject the person concerned to fines andpossible imprisonment under the laws ofBulgaria.

It is understood that according to article7 of the Bulgarian law of 1948, above-44

mentioned, loss of Bulgarian citizenshipdoes not free a person from the fulfilmentof his duties to the Bulgarian state.Under such law, a person losing Bulgarian citizenship may be compelled by theMinister of Justice to liquidate within aspecified period of time his property inBulgaria and to leave the territorial limitsof the state, or militia action may be takenagainst him and his property with or without direction from the Minister of Justice.Passports are stamped as not valid fortravel to Bulgaria unless specifically endorsed under the authority of the Department of State as being valid for suchtravel.28. Czechoslovakia

Persons born in the United States ofCzechoslovak parents are regarded asCzechoslovak citizens under the laws ofthat country. I f such persons enterCzechoslovakia, they become subject toits laws in relation to militm:;y service andother matters, including the laws governing the departure of Czechoslovak na-236008--53----7 45


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tionals from Czechoslovakia. The De-partment of State has been informed thatthe Czechoslovak Government does notconsider that a citizen of Czechoslovakiacan simultaneously be a citizen of anotherstate. Persons born in the United Statesof Czechoslovak parents who possessCzechoslovak nationality under the lawsof that country are warned that if theymake a trip to Czechoslovakia the Department can give no assurances to them thatthey will be free from molestation because of their standing under the lawsof Czechoslovakia. Inquiry concerningthese matters might be made to a diplomatic or consular representative ofCzechoslovakia in the United States.The Department does not act as an intermediary in such inquiries. It should beparticularly borne in mind, moreover,that final determination of al l mattersconcerning Czechoslovak nationality ismade only by the appropriate authoritiesin Czechoslovakia.Under the treaty of naturalization between the United States and Czechoslo-

46

vakia signed July 16, 1928, it is providedthat nationals of Czechoslovakia who havebeen or shall be naturalized in the territories of the United States shall be held byCzechoslovakia to have lost their formernationality and to be nationals of theUnited States. The treaty provides thatthe foregoing provisions shall not be applicable to a national of Czechoslovakiawho obtains naturalization in the UnitedStates while Czechoslovakia is at war.Nationals of Czechoslovakia naturalizedin the United States are not, upon theirreturn to Czechoslovak territory, prosecuted or punished for expatriation, or forhaving failed, prior to their naturalization, to answer summonses to militaryservice which had been served upon themwithin a period of 5 years preceding theirnaturalization. I f a national of Czechoslovakia who has been naturalized as acitizen of the United States shall renew hisresidence in Czechoslovakia without theintent to return to the United States, he isheld to have lost the nationality acquiredby naturalization. The intent not to re-

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turn rnay be held to exist when a personnaturalized in the United States shallhave resided more than 2 years in Czechoslovakia.Passports are stamped as not valid fortravel to Czechoslovakia unless specifi

cally endorsed under the authority ofthe Department of State as being validfor such travel.29. Denmark

During his eighteenth year a personliable to military service must registerupon notification. I f he neglects to doso, he may be fined from 4 to 40 kroner;but if his neglect arises from a design toevade service he may be imprisoned.Anyone leaving the country before heshould be entered on the conscription listis expected, in case he returns before 4isthirty-second year and is yet subject tomilitary service, to report for entry on theconscription list.During the year when the person liableto mili tary service attains the age of 20 heis bound to present himself before the48

board of examiners, and i f he is found tobe fit for service the following year, including service in the Civil DefenseService, he is then entered on the Armylist and called for service the followingyear, unless he has obtained from theMinister of the Interior a deferment toone of the following years or unless, inconsequence of a high number drawn bylot, he is exempted from military service.

In case he fails to appear when the lawrequires that he be assigned to militaryduty he is liableJ:o imprisonment.The treaty of naturalization betweenthe United States and Denmark, signedJuly 20, 1872, provides that a former subject of Denmark naturalized in the UnitedStates shall, upon his return to Denmark,be treated as a citizen of the United States;but he is not thereby exempted from penalties for offenses committed against Danish law before his emigration. I f herenews his residence in Denmark, withintent to remain, he is held to have renounced his American citizenship. Theintent not to return may, under the treaty,

49


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be held to exist when the naturalized citiz e ~ shall have resided for 2 years in hisnative land.A naturalized American citizen formerly a subject of Denmark, having renewed his residence in Denmark with in-

. tent to remain or having resided in thatcountry for more than 2 years, is liable toperform military service in Denmark if hewas in the Army at the time of emigrationand deserted; or if, before emigration,he had been enrolled for duty, called; andfailed to appear; or if, tlfter his return,he is assigned to a military unit.The Ministry of Interior is authorized,upon application, to exempt conscriptsfrom military service in peacetime whenit is established that the individual inquestion has served in the armed forcesof a foreign state within the period fromSeptember I, I939, to December 3I,I945. Reference here is chiefly to conscripts who have served in the armedforces of the Allied countries. Furthermore, dispensation may be given undercertain circumstances to conscripts whohave resided abroad on the Faroe Islands50

or in Greenland within the period fromSeptember I I939, to May 5, I945, andwho have t h ~ r e f o r e not performed military service in Denmark.30. Finland

The convention between the UnitedStates and Finland, signed at Helsinki .January 27, I939, regulating. militaryobligations of persons having dual nationality provides that a person p o s s ~ s s ing the nationality of b o t ~ the Un:tedStates and Finland who habitually residesin one of the countries and who is in factmost closely connected with that countryshall be exempt from al l military obliga-tions in the other country. .Article I I of law No. 325 of May 9,I94I effective July I, l94I, "Regarding the Acquisition and Loss of FinnishCitizenship", provides:

"Unless a person who by right o.f birth hasacquired the citizenship of both. F m l a ~ ~ a ~ d some foreign country has had his domicile mFinland and has performed or commenced toperform regular m i l i t ~ r y s e r v i ~ e in this country, or has received tmtwn.durmg at least twoyears in a Finnish or Swed1sh language educa-

51


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tional institution in this country, or has hadother connection with Finland which wouldmanifest his solidarity with this country, heshall forfeit his Finnish citizenship on attaining the age of twenty-two if he is at the time acitizen of a foreign country."

Article 10 of law No. 325 providesthat a Finnish citizen who is naturalized.as a citizen of a foreign country upon hisown application forfeits his Finnishc1tizenship.The Finnish law of June 17, 1927, regarding the loss of Finnish citizenshipwas repealed by law No. 325 of May 9,1941.31. France

Persons born in France, or born outside of France of French parents, should,before visiting France, consider the desirability of inquiring of the nearestFrench consular or diplomatic officerwhether they will be immune from molestation in France under the military-service or other laws of that country.American citizens of French originvisiting France should understand that a52

French visa of their passport does notrelieve them from any military or otherobligations to which they may be liablein that country.The ordinance of October 19, 1945,revises and codifies the French nationalitylaws. The new ordinance brings together the basic law of August 10, 1927,and a series of subsequent texts of lawswhich amended certain points of the basiclaw concerning the acquisition or the lossof French citizenship.The French law of October 19, 1945,provides as follows concerning the lossof French nationality:

Article 9. Until a date which shall be es-tablished by decree, and at the very latest atthe exp iration of a period of five years following the date of the legal c ~ s s a t i o n _of h ~ s t i l i t i e s , the acquisition of a foreign natiOnality by aFrenchman less than 50 years old shall notmake him lose French nationality except withthe authorization of the French government.Article 87. A French person who has attained his majority shall lose his French nationality if he voluntary acquires a foreignnationality.

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Article 88. However, until the expiration ofa period of 15 years from the time of either hisenrolment in the active'army or his inscriptionin the census tables in case he has been granteddispensation from active service, his loss ofFrench nationality shall be subject to the authorization of the French government. This authorization shall be granted bydecree.The following persons shall not be requiredto solicit any authorization in order to loseFrench nationality:

l . Persons exempted from military service;2. Persons who are bearers of a final discharge;3. All men, even those who have not presented themselves, after the age when they aretotally freed of the obligation of military service, in confonp.ity with the law on armyrecruitment.Article 89. During wartime, the length oftime provided for in the preceding article maybe modified by decree.

Regarding persons born in the UnitedStates of French parents, the loss of theirFrench nationality is governed by article91 of the ordinance of October 19, 1945,which reads as follows:Article 91. A Frenchman, even a minor,

:who having foreign nationality status is au-54

thorized upon his own request by the Frenchgovernment to lose his s t ~ t u s a Frenchcitizen, loses his French nat10nahty.This authorization shall be granted bydecree.The minor must be authorized or representedas the case may be, under conditions provided

for in articles 53 and 54.Persons born in the United States ofFrench parents who wish to retain theirAmerican citizenship and renounce theirFrench citizenship should inquire at aFrench consulate as to. the procedurewhich should be followed in making thepetition. It is understood th.at, unde.rarticles 53 and 54, the appropnate apph-cation may be made (1) by the interestedperson himself if he is over 18 years ofage; (2) by the person concerned, ':iththe permission of his legal representative,if he is less than 18 years old and over 16;or (3) by the legal representative of theinterested minor in the latter 's name if heis less than 16.There is no treaty between the UnitedStates and France relating to the n a t u ~ a l ization of nationals of one country ii:J. theother country and there is unfortunately55


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a conflict between the laws of the UnitedStates and France relating to nationality.Until persons who were born in the UnitedStates of French parents have pursuedthe course mentioned above and are released from French -nationality, or areable to obtain a safe conduct from aFrench diplomatic or consular officer in'the United States, they should refrainfrom placing themselves within the jurisdiction of France. Should such a personplace himself within that jurisdiction andbe required by French law to performmilitary service as a French citizen hewould cease to be an American citizenunder the provisions of section 349 (a)(3) of the Immigration and NationalityAct of 1952, which provides that nationality of the United States shall be lost byentering or serving in the armed forcesof a foreign state.MILITARY SERVICE AGREEM ENT BETWEEN

THE UNITED STATES AND FRANCEOn December 22, 1948, there was concluded an agreement between the United56

States and France regarding militaryservice. The agreement provided inpart that it would be considered that citizens of the United States who alsopossessed French nationality had fulfilled their military obligations in Franceduring the wars of 1914-1918 and 1939-1945 if they fulfilled the same obligations in the armed forces of the UnitedStates and could prove that fact by offi-cial documentation from the United Statesauthorities. The agreement, by itsterms, expired on February 25, 1950,two years from the date on which it wasconcluded.An American woman who marries aFrench citizen after October 19, 1945,automatically acquires French nationalityfrom the date of her marriage, unlessprior to the celebration of the marriageshe expressly declares that she declinesFrench nationality.32. Germany

A person is considered a German national under German law if he is the57


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legitimate child of a German father orthe illegitimate child of a German mother,regardless of the place of birth. Germannationality is also acquired by a womanwho marries a German citizen and by thewife and minor children (except marrieddaughters) if the husband or father becomes a naturalized German, unless otherwise stated in the certificate of naturalization. Certain enactments of the former . German government purported toconfer nationality upon specified groupsof foreigners (mainly in areas annexed oroccupied by Germany) or, under certainconditions, upon members of specifiedGerman organizations, including the German armed forces. Whether these lawseffectively conferred German nationalitydepends upon the particular circumstances of each case.Under German law German national-. ity is lost by acquiring foreign nationalityupon one's own application or that of hislegal representative or, in the case of amarried woman, on her husband's application, provided the person has neitherresidence nor permanent abode in Ger-

58

many. A German woman loses herGerman nationality upon marriage to aforeigner if she acquires the nationalityof her husband; otherwise she retains herGerman nationality unless she explicitlyrenounces it. Former German nationalsand their offspring who have been deprived of German nationality betweenJanuary 30, 1933, and May 8, 1945, onpolitical, racial, or religious grounds mayregain German nationality upon application. They are not to be considered ashaving lost German nationality, providedthey took up residence in Germany afterMay 8, 1945, and have not expressed acontrary intention.

Although the Federal Republic of Germany has no armed forces, it is suggestedthat anyone traveling to Germany whomay, under German law, be considered tohave German nation1tlity should consultthe nearest diplomatic or consular officerof the Federal Republic of Germany if heis interested in the possibility of liabilityto military service.The foregoing information relates onlyto the Federal Republic of Germany and59


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the we stern sectors of Berlin. The Department is not in a position to indicatethe exact status of nationality laws andmilitary service laws in other parts ofGermany.33. Great Britain

Under the British Nationality Act ofI948, effective January I , I949, it isunderstood to be the British view that noBritish national can lose British citizenship by naturalization in a foreign stateon or af ter January I, I949, until a for-mal renunciation is made under sectionI9 of the Act.34. Hungary

The Department is not in a position toindicate what nationality and other lawswill he made applicable to natives ofHungary who have become naturalized ascitizens of the United States or to American citizens horn in the United States ofHungarian parents.Passports are stamped as not valid fortravel to Hungary unless specifically en-60

dorsed under the authority of the Department of State as being valid for suchtravel.35. Lithuania

Visas for entry into or transit throughLithuania must be obtained from a Sovietdiplomatic or consular representative.Information concerning the nationalitystatus in Lithuania of persons born in theUnited States of Lithuanian parents, andof persons born in Lithuania who laterbecome naturalized as citizens of theUnited States should he obtained from theSoviet Union through a diplomatic or consular representative of that country. Itis urged that information as to visas andas to nationality status be obtained fromthe Soviet Embassy in WashiJ!.gton, D. C.,by the person concerned before his departure from the United States.36. Norway

A subject of Norway is liable to, performance of military duty in and after thecalendar year in which he reaches the ageof 20 years.

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Under the naturalization treaty hetween the United States and Sweden andNorway, concluded May 26, 1869 a naturalized citizen of the United Sta{es formerly a s u ~ j e c t o.f .Norway is recognizedas an Amencan citizen upon his return tothe country of his origin. He is liableh o ~ e v e r , to punishment for an o f f e n s ~ agamst the laws of Norway committed bef ? r ~ h ~ s emigration, saving always thehm1tatwns and r ~ m i s s . i o n s . established bythose laws. EmigratiOn Itself is not anoffense, b u ~ nonful:filment of military dutyan? desertiOn from a military force orship are offenses.

. person liable to the performance ofmilitary duty who emigrates before January I of the year in which he reaches thea ~ e 19 OJ;' after this time with due permission .and who returns and reports personally m the proper manner is enrolledfor service together with t h ~ class withwhich he is registered, but is transferredto the s e c ~ n d draft and is discharged atthe same time as the men with whom heaccording to his age, should have reg:

62

istered. After the end of the seventhconscription year (the year he reaches theage of 26) he is generally free from ordinary service in time of peace. Conscriptswho have not been drafted by the end ofthe seventh year, through no fault or neglect of their own, will generally be freefrom military service in time of peace.Any person liable to military servicewho leaves the country without a permit,will, when he returns, be drafted preferentially and attached to a less-favoredbranch for which he is :fitted. Eventhough he may have passed the commonage of conscription, he will be required toserve the entire period. In no instance,however, will he be required to serve afterhaving passed the age of 50 years.I f a naturalized American citizen ofNorwegian origin remains as long as 2years in Norway, he is obliged when summoned to present .himself for enrollmentat the :first session, since he is then deemedby Norway to have renounced his American citizenship.

I f he renews his residence in the Kingdom without intent to return to America,63


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he is held to have renounced his Americancitizenship.Under article 1 of the treaty betweenthe United States and Norway, signed atOslo, November 1, 1930 (Treaty Series832), a person born in the territory of onecountry of parents who are nationals of

the other country, and having the nationality of both countries under their laws,shall not, if he has his habitual residence,that is, the place of his general abode, inthe territory of the state of his birth, beheld liable for military service or anyother act of allegiance during a temporarystay in the territory of the other party.Provided that, if such stay is protractedbeyond the period of 2 years, it shall bepresumed to be permanent, in the absenceof sufficient evidence showing that returnto the territory of the other country willtake place within a short time..37. Portugal

All physically able male Portuguesecitizens are liable to military service fromtheir eighteenth until their forty-fifthyear. The following information repre-

64

sents the Department's understanding ofthe periods and c l a s s e ~ of military services to which they are hable:Portuouese male citizens 18 to 20 areincludel' in the territorial reserve, whichconstitutes a recruiting reserve in the caseof a general mobilization. Dur_ing t ~ e calendar year in which they attam theirtwentieth birthday, those selected fo rservice (on a quota basis) a ~ e n ~ o ~ l e d for 3 to 5 months of recrmt t r a m i ~ g . They enter such training in the followmgcalendar year. . ..Upon completion of recrmt trammg,some are selected to complete 12 to 18months (including the 3 to 5 months ofrecruit training) on active duty. ~ 1 1 w ~ o were originally selected for recrmt ~ r a m ina constitute the active reserve until thethirty-first of December _of the_ calendaryear in which they attam their twentyeighth birthday. T ~ e y then pass to theinactive reserve until the t h 1 r t ~ - f i r s t . ofDecember of the calendar year m whichthey attain the age of 40, after which theyare carried in the territorial reserve untiJthe thirty-first of December of the calen

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da:r year in which they attain their forty-fifth birthday. On the last date theyterminate their obligation of militaryservice.Individuals who become naturalizedPortuguese citizens after their twenty-

seventh birthday and other Portuguesecitizens who can prove that they have peT-formed service in the armed forces ofanother country equivalent to that re-quired by Portuguese law are excusedfrom active service in the Portuguesearmed forces. However, they are en-rolled in the inactive or territorial re-serve, depending upon their age.

Failure or inability to render militaryservice involves payment of the "militarytax" of 30 escudos per annum (50escudos when the income exceeds 800escudos a month).

All Portuguese citizens subject to mili-tary duty desiring to leave the countryare required to secure a special permit,the fee for which is 500 escudos (a sumwhich is not returned), and, in addition,those between 14 and 20 years of age mustmake a deposit of 500 escudos, while those66

between 20 and 45 years of age are re-quired to deposit 1,500 escudos, as aguaranty for the fulfilment of military ob-ligations. These deposits are refundedupon return to Portugal, provided suchreturn takes place within the period dur-ing which the permission to leave thecountry is valid; otherwise, they are for-feited to the state.' The treaty of naturalization in force be-tween the United States and Portugal,signed May 7, 1908, provides that Portu-guese citizens who have become citizensof the United States shall be recognized assuch upon their return to Portuguese do-minions if they have resided in the UnitedStates 5 years. A natural ized Americanof Portuguese birth is liable to trial andpunishment upon return to Portuguesedominions for an offense against Portu-guese laws committed before the emigra-tion, but not for the emigrationitself, sav-ing always the limitations of the laws ofPortugal. I f a Portuguese citizen emi-grated after having been enrolled as a re-cruit, whether in the active Army or in thereserve, the military tax assessed against67


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him is doubled and he becomes liable toimpressment into active service for a period of 2 years. I f he person assessed isa dependent, liability in respect of themilitary tax extends to his parents andgrandparents.38. Sweden

Subjects of Sweden are liable to performance of military duty in and afterthe calendar year in which they reach theirtwenty-first year.Article 1 of the convention between theUnited States and Sweden, signed atStockholm January 31, 1933, providesthat a person possessing the nationality

of both the high contracting parties whohabitually resides in the territory of oneof them and who is in fact most closelyconnected with that party, shall be exemptfrom al l military obligations in the territory of the other party.Under the naturalization treaty betweenthe United States and Sweden and Norway, concluded May 26, 1869, a natural- -ized citizen of the United States formerlya subject of Sweden is recognized as an

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American citizen upon his return to thecountry of his origin. He is liable, however, to punishment for an offense againstthe laws of Sweden committed before hisemigration, s ~ v i n g always the limitationsand remissions established by those laws.Emigration itself is not an offense, butnonfulfilment of military duty and desertion from a military force or ship areoffenses.A naturalized American who performed his military service or emigratedwhen he was not liable to it and who violated no laws before emigrating maysafely return to Sweden.According to the treaty of May 26,1869, between the United States andSweden and Norway a naturalized American citizen of Swedish origin, upon renewing his residence in Sweden withoutthe intent to return to America, shall beheld to have renounced his American citizenship. The intent not to return toAmerica may be held to exist when theperson so naturalized resides more than2 years in Sweden.

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39. SwitzerlandArticle I of the convention between theUnited States and Switzerland, signed atBern on November l l , 1937, providesthat a person born in the territory of eitherthe United States or Switzerland of par

ents who are nationals of the other colintry, who possesses the nationality of thetwo countries and who has his habitualresidence in the country of his birth, shalln ~ t ?e held l i ~ b l e by the other country form 1 h t a ~ y ~ e r v 1 c e or for the payment oftaxes m heu thereof even in the case of atemporary stay in that country. If, howeve:, this stay is protracted beyond thepenod of 2 years, the convention providesthat the stay shall be presumed to be permanent u n l e ~ s the person can show his intention of returning to his native landshortly after the lapse of that period.Every Swiss citizen, except those whocome wjthin the provisions of the abovementioned convention, is liable underSwiss law, to military service f r o ~ the beginning of the year in which he becomes20 years of age until the end of the year

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when he becomes 48. With the exceptionof persons whose cases come within theprovisions of the convention, every Swissof military age who does not perform military service is subject to an annual taxuntil the end of the year in which he attains the age of 48 years, whether or nothe resides in the Confederation, or to punishment for non-payment of the tax if hereturns to Switzerland.According to Swiss law, military taxesare barred by limitation in 10 years afterthe year for which they are due.

I f a Swiss citizen renounces Swiss allegiance in the manner prescribed by theSwiss law of June 25, 1903, and his renunciation is accepted, his naturalizationin another country is recognized, but without such acceptance he is considered toretain Swiss citizenship, which is held todescend from generation to generation.Before he returns to Switzerland anAmerican citizen of Swiss origin who desires to renounce Swiss citizenship shouldfile with the Swiss diplomatic or consularrepresentative in whose district he residesa written declaration of renunciation of71


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his rights to communal, cantonal, and, ingeneral, Swiss citizenship, with documentsshowing that hehas obtained foreign citizenship for himself, wife, and minor children, and receive the sealed document ofrelease from Swiss citizenship throughthe Direction of Justice of the canton of his origin. I f he neglects to do this hewill be regarded by the Swiss G o v e r n ~ e n t as a Swiss citizen under Swiss law, andas such, unless his case comes within theabove-mentioned convention will be held~ i a b l e to the performance of ~ i l i t a r y servIce, or to payment of the military tax, orto arrest and punishment in case of non~ a y m e n t of the tax for so long as he cont u ~ ~ e s to remain liable to the payment ofm1htary taxes.

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IV. STATUS OF AMERICAN CITIZENS IN CERTAIN COUNTRIESWITH THE GOVERNMENTS OFWHICH THE UNITED STATES HASNOT CONCLUDED NATURALIZATION TREATIES

40. While this Government objects to thepunishment of naturalized Americans byfines, forced military service, or impr is-onment for any unperformed militaryservice which accrued after the entry ofthe naturalized citizen into the UnitedStates, it can give no assurance that anyobjections which it makes will result in aremission or r_lease.41. This Government cannot properlyprotest against punishment for any infraction of foreign laws committed prior tothe naturalized American's entry into theUnited States.42. Naturalized citizens of the UnitedStates who come from countries with the

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governments of which the United Stateshas not concluded naturalization treatiesshould, before visiting such countriesconsider the a.dvisability of inquiring ofthe appropnate authorities thereofwhether they will be immune from molestation in such countries under the military-service or other laws. The Depart~ e n t of State does not act as intermediarym such inquiries.The following information is believedto be correct, but is not to be consideredas official so far as it relates to the lawsand regulations of a foreign government:42a. Egypt

It is provided in article 2 of Egyptianl ~ w ~ o . ~ 6 0 of .1950 that Egyptian natwnahty IS ~ c q m r e d by any person bornof an Egyptian father. Article I I of thesame. law p r ~ > V i d e s that no Egyptian mayacqmre foreign nationality unless he shallhave been previously authorized by decree ?f the Egyptian Government. It alsoprovid.es that. an Egyptian who acquiresa foreign nationality without having obtamed such authorization shall continue74

to be considered as an Egyptian from allpoints of view and in all cases, unless theEgyptian Government deems it necessaryto deprive him of his nationality pursuantto the provisions of article 15. Under theprovisions of article 15, subsection l , anyEgyptian may be deprived of his Egyptian nationality if he has acquired aforeign nationality contrary to the provision of article II. Under subsection 2of article 15, an Egyptian may be deprived of his Egyptian nationality if heha s agreed to enter the military service ofa foreign power without being previouslyauthorized by a decision of the Council ofMinisters. For advice concerning thedetails which must be complied with inorder that a person may be deprived ofEgyptian nationality, it will be necessaryfor interested persons to consult the consular offices of Egypt at New York Cityor San Fnincisco or the Embassy of Egypt,Washington, D. C.43. Estonia

Visas for entry into or transit throughEstonia must be obtained from a Soviet75


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diplomatic or consular representative.Information concerning the nationalitystatus in Estonia of persons born in theUnited States of Estonian parents, and ofpersons born in Estonia who later becomenaturalized as citizens of the UnitedStates should be obtained from the SovietUnion through a diplomatic or consularrepresentative of that country. It is. urged that information as to visas and asto nationality status be obtained from theSoviet Embassy in Washington, D. C., bythe person concerned before his depar-ture from the United States.44. Greece

The Greek Government does not recog-nize a change of nationality on the part ofa former Greek which was made on orabout January 15, 1914, without its con-sent. Consequently, a former Greek nat-uralized on or after January 15, 1914, isliable to arrest and forced service in theGreek Army or Navy upon his return toGreece.

The Greek Government recognizes achange of nationality on the part of a76

former Greek which was made beforeJanuary 15, 1914, provided that suchindividual , with a view to having his nameremoved from the register of Greekcitizens, has informed the Greek Gov-ernment of the fact of his foreignnaturalization and received from thatGovernment recognition of the change ofnationality. It is understood that such anindividual will not be molested whilevisiting Greece. It is suggested, however,that he carry with him his American nat-uralization certificate. Inquiry shouldbe made of a Greek consular officer in theUnited States as to the procedure whichshould be followed to obtain Greek rec-ognition of the change of nationality.

The Greek Military Code, as amended,provides that Greek male nationals whohave attained their majority but have notreached the age of 51, coming to Greeceon Greek passports or on passports of thecountry of their residence, are required,upon their departure from Greece at anytime within 18 months from the date ofarrival in Greece, to pay to the publictreasury the sum of 25,000 drachmas

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(approximately $1.70) as a provisionalarrangement of their military status.Such persons departing from Greeceafter a residence of more than 18 months,if they belong to the military classes of1930 (born in 1909) and older classes,are required to pay 1,500,000 drachmas($100), and if they belong to the 1932(born in 1911) and subsequent militaryclasses they must pay 3,000,000 drachmas ($200), depending upon the circumstances of their cases. They mustbe permanent residents of a foreign country, i. e., they must have resided continuously in a foreign country for at least10 years prior to the calling of theirmilitary class.Persons who have previously servedin the Greek or allied armed forces during World War II (i.e., Sept. 1, 1939, toAug. 15, 1945) or persons who were dis-. charged of their Greek military obligations are exempt from the above requirements.Persons of the military class of 1939(born in 1918) and older classes who

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have fulfilled their military obligationsmay leave Greece, and no special permitis necessary.Persons of the military class of 1940and subsequent classes who have fulfilledall their military obligations cannot depart from Greece without permission ofthe General Staff. In ' exceptional casespersons in this class are permitted to leavefor a short period (usually 6 months)provided they deposit a certain sum whichvaries from 1,000,000 drachmas ($67)to 2,000,000 drachmas ($133.30) as aguaranty for their return to Greece. Thisis l"efunded upon the individual's return(provided he returns within the periodduring which the permission to leave isvalid) or forfeited upon his failure todo so.The Department understands that theGreek Government regards presumptivelyas Greek nationals:I. Former Greek nationals naturalizedabroad after January 15, 1914, without

1952/1953. information for bearers of passports (december 24, 1952), issued by the passport office,...

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