provisions of section 2 of the citizenship act of March 2, 1907, or of the acquisition of a residence of a permanent nature in any foreign country within five years. after naturalization in the United States. The statutory provisions referred to read as follows: When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And pro vided also, That no American citizen shall be allowed to expatriate himself when this country is at war. (Sec. 2, act of Mar. 2, 1907; 34 Stat. 1228.) If any alien who shall have secured a certificate of citizenship under the provisions of this Act shall, within five years after the issuance of such certificate, return to the country of his 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 alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, and 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 within their respective jurisdictions who have such certificates of citizenship 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 cancel certificates of citizenship. (Second paragraph, sec. 15, act of June 29, 1906; 34 Stat. 601.) 3716-33- -3 III. STATUS OF AMERICAN CITIZENS IN COUNTRIES WITH THE GOVERN- 27. The following information concerning military regulations of certain foreign governments as possibly affecting American citizens is believed to be correct, but is not to be considered as official insofar as it relates to the laws and regulations of a foreign government: 28. AUSTRIA. Article 230 of the treaty of St. Germain, the rights and advantages of which are accorded to the United States by its treaty establishing friendly relations with Austria, concluded on August 24, 1921, stipulates that Austria undertakes to recognize any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers, and in accordance with the decisions of the competent authorities of these powers pursuant to naturalization laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin. Article 119 of the same treaty stipulates that universal compulsory military service shall be abolished in Austria, and that the Austrian Army shall, in the future, only be constituted and recruited by means of voluntary enlistment. 29. BELGIUM. According to the law on recruiting and military service of August 15, 1923, all Belgian citizens must be enrolled in the recruiting reserve from the age of 17 years, but they are not considered as having violated this requirement unless they have failed to enter their names for enrollment before the 31st day of December 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, 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 obligation resulting therefrom, in the event of his return, except in cases of de sertion from organized and embodied military or naval service. Under Belgian law a person born in the United States of Belgian parents may, between the time when he reaches 16 years of age and the 31st of December of the year during which he reaches 19 years of age and with the consent of the person or persons whose consent would be necessary to validate his marriage, renounce Belgian nationality without special consent of the Belgian Government. If such consent cannot be obtained, he may, in order to avoid difficulties during a temporary stay in Belgium, request that he be inscribed for the Belgian militia and at the same time ask that he be suspended from military service until he has attained the age of 21 years, when he can execute the act of renunciation of Belgian nationality without the approval of his legal guardian. If after having attained the age of 19, when he becomes liable to obligations of military service for the active army and the reserve, he desires to make a declaration of renunciation, he must first obtain the permission of the Belgian Government. Such permission is given as a matter of course, however, if at the time he is domiciled in the United States. The duration of military obligations in the active army and the reserve is 15 years, and at the end of that period a declaration of renunciation may be made without the special consent of the Belgian Government. The renunciation of Belgian nationality may be made before a Belgian diplomatic or consular representative in the United States. |