II. EXPATRIATION OF AMERICAN CITIZENS AND THE PRESUMPTION OF CESSATION OF CITIZENSHIP 29. Oath of allegiance to a foreign state or naturalization therein.—In connection with military service in foreign countries, particular attention is called to the fact that an American citizen over 21 years of age loses his American citizenship by taking an oath of allegiance to a foreign state. He also loses American citizenship through naturalization in a foreign state. Following is the statutory provision: "That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state." (Sec. 2, act of Mar. 2, 1907; 34 Stat. 1228.) 30. Naturalized American citizens are warned that their rights of citizenship may be lost as a result of a residence of 2 years in their native lands or 5 years in other foreign lands, under the provi sions of section 2 of the citizenship act of March 2, 1907, or of the acquisition of a residence of a permanent nature in any foreign country within 5 years after naturalization in the United States. The statutory provisions referred to read as follows: "When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war." (Sec. 2, act of Mar. 2, 1907; 34 Stat. 1228.) "If any alien who shall have secured a certificate of citizenship under the provisions of this Act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, ་ and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship." (Second paragraph, sec. 15, act of June 29, 1906; 34 Stat. 601.) III. STATUS OF AMERICAN CITIZENS IN WITH THE GOVERN COUNTRIES MENTS OF WHICH THE UNITED 31. The following information concerning military regulations of certain foreign governments as possibly affecting American citizens is believed to be correct but is not to be considered as official insofar as it relates to the laws and regulations of a foreign government: 32. Albania.-Under the naturalization treaty between the United States and Albania, a naturalized citizen of the United States of Albanian origin is recognized as an American citizen upon his return to Albania. He is not subject to punishment for the original act of emigration or for failure to respond to calls for military service accruing after bona fide residence was acquired in the United States. If he renews his residence in Albania without the intent to return to the United States he is held to have renounced his naturalization. The intent not to return may be held to exist when he has resided more than 2 years in Albania, but this presumption may be overcome by evidence to the contrary. The treaty also provides that a person born in the United States of Albanian parents who has the nationality of both the United States and Albania shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other country. 33. Austria.-Article 230 of the Treaty of St. Germain, the rights and advantages of which are accorded to the United States by its treaty establishing friendly relations with Austria, concluded on August 24, 1921, stipulates that Austria undertakes to recognize any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers and in accordance with the decisions of the competent authorities of these powers pursuant to naturalization laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin. 34. Belgium.-In accordance with the law on the Army, recruiting, and the obligation of 77604-36 -4 |