Imagini ale paginilor
PDF
ePub

IV. Status of American Citizens in Certain Countries With the Governments of Which the United States Has Not Concluded Naturalization Treaties

37. While this Government objects to the punishment of naturalized Americans by fines, forced military service, or imprisonment for any unperformed military service which accrued after the entry of the naturalized citizen into the United States, it can give no assurance that any objections which it makes will result in a remission or release.

38. This Government cannot properly protest against punishment for any infraction of foreign law committed prior to the naturalized American's entry into the United States.

39. Naturalized citizens of the United States who come from countries with the governments of which the United States has not concluded naturalization treaties should, before visiting such countries, con

appropriate authorities thereof whether they will be immune from molestation in such countries under the military-service or other laws. The Department of State does not act as intermediary in such inquiries.

The following information 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:

40. Estonia

Visas for entry into or transit through Estonia must be obtained from a Soviet diplomatic or consular representative. Information concerning the nationality status in Estonia of persons born in the United States of Estonian parents, and of persons born in Estonia who later become naturalized as citizens of the United States should be obtained from the Soviet Union through a diplomatic or consular representative of that country. It is urged that information as to visas and as to nationality status be obtained by the person concerned before his departure from the United States from a Soviet diplomatic or consular representative.

[merged small][ocr errors]

The convention between the United States and Finland, signed at Helsinki January 27,

1939, regulating military obligations of persons having dual nationality provides that a person possessing the nationality of both the United States and Finland who habitually resides in one of the countries and who is in fact most closely connected with that country shall be exempt from all military obligations in the other country.

Article 11 of law no. 325 of May 9, 1941, effective July 1, 1941, “Regarding the Acquisition and Loss of Finnish Citizenship", provides:

"Unless a person who by right of birth has acquired the citizenship of both Finland and some foreign country has had his domicile in Finland and has performed or commenced to perform regular military service in this country, or has received tuition during at least two years in a Finnish or Swedish language educational institution in this country, or has had other connection with Finland which would manifest his solidarity with this country, he shall forfeit his Finnish citizenship on attaining the age of twenty-two if he is at the time a citizen of a foreign Country."

Article 10 of law no. 325 provides that a Finnish citizen who is naturalized as a citizen of a foreign country upon his own application forfeits his Finnish citizenship.

The Finnish law of June 17, 1927 regarding the loss of Finnish citizenship was repealed by law no. 325 of May 9, 1941.

[ocr errors]

Persons born in France, or born outside of France of French parents, should, before visiting France, consider the desirability of inquiring of the nearest French consular or diplomatic officer whether they will be immune from molestation in France under the military-service or other laws of that country.

American citizens of French origin visiting France should understand that a French visa of their passport does not relieve them from any military or other obligations to which they may be liable in that country.

The ordinance of October 19, 1945 revises and codifies the French nationality laws. The new ordinance brings together the basic law of August 10, 1927 and a series of subsequent texts of laws which amended certain points of the basic law concerning the acquisition or the loss of French citizenship.

The French law of October 19, 1945 provides as follows concerning the loss of French nationality:

Article 87. A French person who has attained his majority shall lose his French nationality if he voluntarily acquires a foreign nationality.

Article 88. However, until the expiration of a period of 15 years from the time of either his enrolment in the active army or his inscription in the census tables in case he has been granted dispensation from active service, his loss of French nationality shall be subject to the authorization of the French government.

This authorization shall be granted by decree. The following persons shall not be required to solicit any authorization in order to lose French nationality:

1. 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 are totally freed of the obligation of military service, in conformity with the law on army recruitment.

Article 89. During war time, the length of time provided for in the preceding article may be modified by decree.

Regarding persons born in the United States of French parents, the loss of their French nationality is governed by article 91 of the ordinance of October 19, 1945, which reads as follows:

Article 91. A Frenchman, even a minor, who having foreign nationality status is authorized upon his own request by the French government to lose his status as a French citizen, loses his French nationality.

This authorization shall be granted by decree. The minor must be authorized or represented as the case may be, under conditions provided for in articles 53 and 54.

Persons born in the United States of French parents who wish to retain their American citizenship and renounce their French citizenship under the provisions of articles 53 and 54 of the law of October 19, 1945 should inquire at a French consulate as to the procedure which

« ÎnapoiContinuă »