naturalized by taking, before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. For the purposes of this section, the second World War shall be deemed to have commenced on September 1, 1939, and shall continue until such time as the United States shall cease to be in a state of war. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. (As amended by the Act of April 2, 1942.)

The Act of Congress approved August 7, 1946, provides as follows:

“That section 323 of the Act of October 14, 1940 (54 Stat. 1149), entitled 'An Act to revise and codify the nationality laws of the United States into a comprehensive nationality Code', as heretofore amended, is hereby further amended by adding thereto the following paragraph:

"A person who, while a citizen of the United States and prior to the effective date of this amendment, has lost citizenship of the United States by voting in a political election in a foreign state other than a state at war with the United States during the Second World War may, if he so desires, be naturalized by taking, prior to one year from the enactment of this amendment, before any naturalization court specified in subsection (a) of section 301, or before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 335. Certified copies of such oath shall be sent by such diplomatic or consular officer or such court to the Department of State and to the Department of Justice. Such persons shall have, from and after naturalization under this section, the same citizenship status as that which existed immediately prior to its loss.'

22. Presumption of fraudulent natu

ralization

Section 338 (c) of the Nationality Act of October 14, 1940 (54 Stat. 1169) reads as follows:

uralized shall, within five years after such naturalization, return to the country of such person's 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 person to become a permanent citizen of the United States at the time of filing such person's petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancelation of the certificate of naturalization as having been obtained through fraud. 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 persons within their respective jurisdictions who have been so naturalized 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 revoke and set aside the order admitting to citizenship and to cancel the certificate of naturalization."

III. Status of American Citizens in Certain Countries With the Governments of Which the United States Has Concluded Treaties Concerning Naturalization and Regulating the Liability to Military Service or Other Act of Allegiance of Persons Having Dual Nationality 23. The following information

con

cerning military regulations of certain foreign countries as possibly affecting American citizens is believed to be correct but is not to be considered as official so far as it relates to the laws and regulations of a foreign government:

24. Albania

The United States does not recognize the present Albanian regime and does not maintain diplomatic or consular representatives in Albania. The present Albanian regime does not recognize the continuing validity of the naturalization treaty between the United States and Albania signed April 5, 1932, by which naturalized

American citizens of Albanian origin were formerly protected in Albania, and the Albanian authorities have refused to grant permits to American citizens to leave that country for the purpose of returning to the United States. It is therefore inadvisable for American citizens to attempt any travel to Albania under existing conditions.

25. Austria

The Department understands that as of April 27, 1945, under the Austrian law pertaining to the transfer of citizenship, all persons shall be regarded as Austrian citizens who were Austrian citizens on March 13, 1938, provided that no circumstances effecting the loss of such citizenship, as by serving in the public or military forces of a foreign state, arose prior to April 27, 1945. The law further provides that persons who during World War II voluntarily served in the military forces of one of the Allied nations shall be exempted from loss of Austrian nationality. It is understood that under the Austrian law of July 10, 1945, 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 such cases by special consent of the Austrian Government.

There are apparently no laws at present in force in Austria bearing on military service, since the Austrian Government has not been permitted to maintain armed forces and will not

receive this right until after the conclusion of a treaty.

An Austrian Legation has been established at Washington and an American Legation at Vienna.

26. Belgium

In accordance with article 3, a, of the law on militia, recruiting, and the obligations of service coordinated by the Royal Decrees of February 15 and July 29, 1937, all Belgian subjects must be enrolled in the recruiting reserve after attaining the age of 17, but they are not considered as having violated this requirement unless they have failed to enter their names for enrolment before December 31 of the year in which they attain the age of 19 years.

Under the terms of the naturalization convention between the United States and Belgium, signed November 16, 1868, a Belgian naturalized as a citizen of the United States is considered by Belgium as a citizen of the United States, but upon return to Belgium he may be prosecuted for a crime or misdemeanor committed before naturalization, saving such limitations as are established by the laws of Belgium.

A naturalized American, formerly a Belgian, who has resided five years in this country cannot be held to military service in Belgium, or to incidental obligations resulting therefrom, in the event of his return, except in cases of desertion from the regular military or naval service or