Imagini ale paginilor
PDF
ePub

that no citizen of the Estonian Republic can be at one and the same time a citizen of another state. Consequently a person who was born in the United States of an Estonian father and who therefore acquired both American and Estonian nationality at birth is considered by the Estonian Government to have but one nationality, namely, Estonian.

It is understood that the Estonian Government, in view of the provisions of the nationality and military service laws of Estonia, is not prepared to permit persons who have not applied for and obtained authorization to renounce their Estonian nationality to visit Estonia without being required to perform military service or other acts of allegiance. This is understood to apply to persons born in Estonia and naturalized in the United States and to persons born in the United States of Estonian parents. It is understood that, in practice, persons who have presented an appropriate certificate, required under Estonian law to prove their nationality in a foreign country, have experienced no difficulty in renouncing their Estonian nationality.

47. Finland.-The Finnish "Law Regarding the Loss of Finnish Citizenship" of June 17, 1927, provides for the loss, in certain circumstances, of the Finnish citizenship of Finnish citizens born outside of Finland, and of Finnish citizens born in Finland who become citizens of other countries.

With respect to Finnish citizens born outside of Finland, article 2 of the law cited provides, among other things, as follows:

"A Finnish citizen who was born outside of Finland and (1) has never had his domicile in Finland, or (2) has not been in the active military service of Finland as a conscript, or (3) has not attended a Finnish or Swedish educational institution in Finland for at least 2 years, loses his Finnish citizenship at the age of 22 years, unless the President of the Republic, upon petition, makes a decision to the contrary."

The Department understands that a person who loses his Finnish citizenship in this manner is not, during a subsequent stay in Finland, held liable for military service or any other obligation of citizenship.

With respect to Finnish citizens born in Finland, who acquire the citizenship of another country through naturalization, article 1 of the law cited provides as follows:

"A Finnish citizen who becomes a citizen of another country loses his Finnish citizenship if his domicile is outside of Finland or if he removes from Finland.

"However a male citizen of Finland whose age is between 17 and 28 years and who has not fulfilled as a conscript his active military service or who has not been legally exempted from military service, may be released from his Finnish citizenship only by means of a special decree of the President of the Republic."

It may be added in this connection that the Department is informed that the laws of Finland contain no provisions for the renunciation

of acquired foreign citizenship through the mere act of returning to and residing in Finland.

48. France.-The Department of State has been advised by the French Government that American citizens of French origin who visit France, and who under the laws of that country are regarded as French citizens, have the following status with regard to a possible change of their nationality and with regard to their military obligations in France:

A. RECOGNITION BY THE FRENCH GOVERNMENT OF THE NATURALIZATION ABROAD OF A FRENCHMAN

Article IX (1) of the French nationality law of August 10, 1927, reads:

"French nationality is lost by: A Frenchman who is naturalized abroad or who, on his own request, acquires a foreign nationality by operation of the law after he is 21 years old.

"However, until 10 years have gone by, counted from either enlistment in the active Army or the entry on the military liability list in case he is excused from active service, he who has become a foreign subject does not lose his French citizenship except under special authorization by the French Government."

Persons naturalized in their own right.—It is understood that article IX (1) above quoted means that a French citizen naturalized abroad before the expiration of the 10-year period, whether or not at the time in good standing

with the military authorities, will not automatically lose French nationality as a result of the mere running of the 10-year period and that such a person will not lose his French citizenship until he is authorized by decree to do so. It is also understood that if the French Government's authorization is not obtained within the 10-year period French nationality will be retained indefinitely, if the naturalization occurred within such period and that the mere expiration of the 10-year period will not in such cases end this irregular status.

However, with regard to French citizens naturalized in the United States after the running of the 10-year period mentioned in article IX (1), it is understood that if in good standing with the French military authorities they automatically lose French citizenship under French law as a result of such naturalization. In such cases it is understood that the 10-year period is considered as beginning to run from the time of enlistment in the active army, or in the cases where the person concerned is excused from active service, from the entry of his name on the military liability list. Loss of French citizenship cannot take place after the 10-year period in the case of a person who has failed to answer his call to the colors. The French Government has stated that such a person is not included in either of the two categories mentioned in article IX (1) of the law; that, therefore, the 10-year period does not begin to run for him so long as his delinquency continues; and that while thus delinquent he cannot lose French nationality until he is 53 year

of age, at which time military defaulters may return to France without encountering difficulties. The French Government has also stated that the 10-year period in question does not begin to expire for a person who may have been omitted from the recruiting lists (presumably through error or fraud) until such omission has been rectified, since neither induction in the army nor exemption from service can take place as long as the omission lasts.

Persons naturalized through the naturalization of a parent.-It is understood that the status of a person who has acquired American citizenship during his minority as a result of the naturalization of his parents varies accordingly as the naturalization of the parents has or has not been authorized by the French Government. If the parents have remained French citizens under French law, the child also remains French. If, on the other hand, the French Government has given its authorization to the renunciation of French citizenship on the part of the parent, the minor child also loses French citizenship provided such minor child is not delinquent under the French military service laws. It is assumed that if the parents were naturalized as citizens of the United States after the 10-year period and automatically lost French nationality, as stated above, and if their minor children who acquired American citizenship through the naturalization of their parents are not delinquent under the French military service law, such children would also lose their French nationality.

« ÎnapoiContinuă »