Imagini ale paginilor
PDF
ePub

All Portuguese citizens subject to military duty desiring to leave the country are required to secure a special permit, the fee for which is 500 escudos (a sum which is not returned), and, in addition, those between 14 and 20 years of age must make a deposit of 500 escudos, while those between 20 and 45 years of age are required to deposit 1,500 escudos, as a guaranty for the fulfilment of military obligations. These deposits are refunded upon return to Portugal, provided such return takes place within the period during which the permission to leave the country is valid; otherwise, they are forfeited to the state.

The treaty of naturalization in force between the United States and Portugal, signed May 7, 1908, provides that Portuguese citizens who have become citizens of the United States shall be recognized as such upon their return to Portuguese dominions if they have resided in the United States 5 years. A naturalized American of Portuguese birth is liable to trial and punishment upon return to Portuguese dominions for an offense against Portuguese laws committed before the emigration, but not for the emigration itself, saving always the limitations of the laws of Portugal. If a Portuguese citizen emigrated after having been enrolled as a recruit, whether in the active Army or in the reserve, the military tax assessed against him is doubled and he becomes liable to impressment into active service for a period of 2 years. If the person assessed is a dependent, liability in respect of the military tax extends to his parents and grandparents.

Subjects of Sweden are liable to performance of military duty in and after the calendar year in which they reach their twenty-first year.

Ι

Article I of the convention between the United States and Sweden, signed at Stockholm January 31, 1933, provides that a person possessing the nationality of both the high contracting parties who habitually resides in the territory of one of them and who is in fact most closely connected with that party, shall be exempt from all military obligations in the territory of the other party.

Under the naturalization treaty between the United States and Sweden and Norway, concluded May 26, 1869, a naturalized citizen of the United States formerly a subject of Sweden is recognized as an American citizen upon his return to the country of his origin. He is liable, however, to punishment for an offense against the laws of Sweden committed before his emigration, saving always the limitations and remissions established by those laws. Emigration itself is not an offense, but non-fulfilment of military duty and desertion from a military force or ship are offenses.

A naturalized American who performed his military service or emigrated when he was not liable to it and who violated no laws before emigrating may safely return to Sweden.

According to the treaty of May 26, 1869, between the United States and Sweden and Norway a naturalized American citizen of Swedish origin, upon renewing his residence in Sweden without the intent to return to America, shall

be held to have renounced his American citizenship. The intent not to return to America may be held to exist when the person so naturalized resides more than 2 years in Sweden.

36. Switzerland

Article I of the convention between the United States and Switzerland, signed at Bern on November 11, 1937, provides that a person born in the territory of either the United States or Switzerland of parents who are nationals of the other country, who possesses the nationality of the two countries and who has his habitual residence in the country of his birth, shall not be held liable by the other country for military service or for the payment of taxes in lieu thereof even in the case of a temporary stay in that country. If, however, this stay is protracted beyond the period of 2 years, the convention provides that the stay shall be presumed to be permanent unless the person can show his intention of returning to his native land shortly after the lapse of that period.

The convention is to be interpreted as applying to persons born in the United States of Swiss parents but not to persons who were born in Switzerland of American parents and who acquired Swiss nationality as a result of birth.

Every Swiss citizen, except those who come within the provisions of the above-mentioned convention, is liable, under Swiss law, to military service from the beginning of the year in which he becomes 20 years of age until the end

of the year when he becomes 48. With the exception of persons whose cases come within the provisions of the convention, every Swiss of military age who does not perform military service is subject to an annual tax until the end of the year in which he attains the age of 48 years, whether or not he resides in the Confederation, or to punishment for non-payment of the tax if he returns to Switzerland.

According to Swiss law, military taxes are barred by limitation in 10 years after the year for which they are due.

If a Swiss citizen renounces Swiss allegiance in the manner prescribed by the Swiss law of June 25, 1903, and his renunciation is accepted, his naturalization in another country is recognized, but without such acceptance he is considered to retain Swiss citizenship, which is held to descend from generation to generation. Before he returns to Switzerland an American citizen of Swiss origin who desires to renounce Swiss citizenship should file with the Swiss diplomatic or consular representative in whose district he resides a written declaration of renunciation of his rights to communal, cantonal, and, in general, Swiss citizenship, with documents showing that he has obtained foreign citizenship for himself, wife, and minor children, and receive the sealed document of release from Swiss citizenship through the Direction of Justice of the canton of his origin. If he neglects to do this, he will be regarded by the Swiss Government as a Swiss citizen under Swiss law, and as such, unless his case comes within the above-mentioned conven

tion, will be held liable to the performance of military service, or to payment of the military tax, or to arrest and punishment in case of non-payment of the tax for so long as he continues to remain liable to the payment of military taxes.

[subsumed][ocr errors][subsumed][merged small][merged small][subsumed][merged small][subsumed][merged small]
« ÎnapoiContinuă »