from ordinary service in time of peace. Conscripts who have not been drafted by the end of the seventh year, through no fault or neglect of their own, will be free from military service in time of peace. Any person liable to military service who leaves the country without a permit, will, when he returns, be drafted preferentially and attached to the less-favored branch for which he is fitted. Even though he may have passed the common age of conscription, he will be required to serve the entire period. In no instance, however, will he be required to serve after having passed the age of 50 years. If a naturalized American citizen of Norwegian origin remains as long as two years in Norway, he is obliged without being summoned to present himself for enrollment at the first session, since he is then deemed by Norway to have renounced his American citizenship. If he renews his residence in the Kingdom without intent to return to America, he is held to have renounced his American citizenship. Under article 1 of the treaty between the United States and Norway, signed at Oslo November 1, 1930 (U.S. Treaty Series 832), a person born in the territory of one country of parents who are nationals of the other country, and having the nationality of both countries under their laws, 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 party. Provided, that, if such stay is protracted beyond the period of two years, it shall be presumed to be permanent, in the absence of sufficient evidence showing that return to the territory of the other country will take place within a short time. 36. PORTUGAL. All physically able male Portuguese citizens are liable to military service from their twentieth until their forty-fifth year (in time of war, from their seventeenth to their forty-fifth year), active service lasting 10 years, reserve 10, and service with territorial troops 5 years. Actual service in the army varies according to the branch of the service but is usually for a period of one year. All Portuguese citizens who for any reason fail to render military service, are obliged to pay a military tax, the amount of which varies according to the income of the person subject to the tax. Enrollment as a recruit usually takes place in the month of January of the twentieth year of the citizen, who must appear for military service in the following November. The treaty of naturalization in force between the United States and Portugal 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 five years. But a naturalized American of Portuguese birth is liable to trial and punishment upon return to Portuguese dominions for an offense against Portuguese laws committed be fore the emigration, but not for the emigration itself, saving always the limitations of the laws of Portugal. Thus if a Portuguese citizen emigrated after he was enrolled as a re cruit, either in the active or reserve army, his parents or grandparents are liable, in his absence, to pay the military tax in double (which varies according to the income of the person subject to the tax) or, if apprehended in Portuguese dominions, he is subject to a period of two years' service in the active army. oli 1 37. SWEDEN. Subjects of Sweden are liable to performance of military duty in and after the calendar year in which they reach their twenty-first year. o objetor i jind 901/192 A person born in the United States of a Swedish father and domiciled in Sweden is a Swedish subject according to Swedish law and may be required to perform military service after two years' résidence in Sweden and upon attaining the age when Swedish subjects become liable to military service.** ང་ Under the naturalization treaty between the United States and Sweden and Norway anaturalized 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 nonfulfillment 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 infracted no laws before emigrating may safely return to Sweden. According to the treaty 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 two years in Sweden. IV. STATUS OF AMERICAN CITIZENS IN CERTAIN COUNTRIES WITH THE UNITED STATES HAS NOT CONCLUDED 38. 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. 39. This Government can not properly protest against punishment for any infraction of foreign law committed prior to the naturalized American's entry into the United States. 40. Naturalized citizens of the United States who come from countries with the governments of which the United States has not concluded naturalization treaties |