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laws, may be considered as deserters or as defaulters will be dealt with as hereinafter indicated.

A. DESERTERS

Deserters are divided into two classes, namely:

(a) Deserters before the outbreak of hostilities;

(b) Deserters after the beginning of the war, the great majority of whom consist of men who did not join their units at the expiration of a leave to the United States.

Concerning persons falling within one of these classes, the French Government states that their naturalization in the United States could not possibly entitle them to any special favor; that regardless of the date on which they acquire American nationality they remain liable to all the military obligations due to France; and that their situation cannot be determined otherwise than by a judicial decision.

B. DEFAULTERS

American citizens of French origin coming within the following categories are considered by the French Government as military defaulters:

1. Those declared delinquent prior to August 2, 1914, for failure to respond to an order to report and a transportation order, whether convoking them to fulfill their obligations in active service, or to serve in the reserve, or in the territorial army.

2. Those belonging to a class of the reserve or to the territorial army who were declared delinquent after the outbreak of hostilities because they failed to rejoin their regiment at the time of the general mobilization within the period prescribed by the law.

3. Those belonging by reason of their age or reassigned to classes called to the colors after August 2, 1914, who were called defaulters because of their failure to respond to an order to report, and a transportation order, after due notification.

The French Government states that in determining the status of those coming within the above-named categories both the date on which such persons acquired American citizenship and the date on which they were declared delinquent will be taken into consideration in accordance with the following classification:

(a) Native-born American citizens of French parentage

The Department understands that under article 99 of the French recruitment law of March 31, 1928, persons born in the United States of French parents will be permitted by the French Government to pay a visit to France without being compelled to perform military service there, provided they carry certificates stating that military service is not obligatory in the United States. Such certificates may be obtained from the French Embassy in Washington, D. C., and French consulates in the United States, and also from the American Embassy in Paris and American consulates in France.

The Department has been informed that 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 article IX (3) of the French nationality law of August 10, 1927, may do so by addressing a petition to the French Ministry of Justice. It appears that under the law mentioned such persons need not have reached their majority. Inquiry should be made at a French consulate as to the procedure which should be followed in making the petition.

(b) Persons born in France who acquired naturalization as American citizens

before they were declared to be defaulters The Department understands that persons coming within this class are considered relieved from military obligations in France if they have complied with the military laws of the United States, and may return and sojourn temporarily in France. However, before returning to that country it is necessary for them to obtain special authorization from the French Embassy in Washington in which the period of time they will be permitted to reside in France will be fixed.

Concerning persons who have been exempt from military service in the United States by reason of physical disability, the French Government states that such persons will not be finally removed from the delinquent lists unless they have also been "considered by a physician

designated by the French Embassy as unfit for military service in France."

(c) Persons born in France who acquired American nationality after having been declared defaulters

These persons shall be treated as follows:

(1) The pre-war delinquents cannot return to France without risk of being held to answer to the charges of delinquency, and their status can be established only by means of judicial decisions following their arrests.

(2) Men who were declared delinquent after the commencement of hostilities and who can prove that they entered the service of the American Army prior to the declaration of delinquency, may have their names removed from the delinquency rolls, but if occasion arises they may be called again to serve in the French Army the balance of the time due after deduction of the time of their service in the American Army.

The status of all others may be determined by military courts, which will take into consideration the duration of service in the American Army, conduct under fire, and any circumstances which might have prevented such persons from fulfilling the requirements of the French military law.

C. NATIVES OF FRANCE WHO ACQUIRE AMERICAN CITIZENSHIP THROUGH THE NATURALIZATION OF A PARENT

A minor son whose French parents acquire naturalization in the United States and who is himself naturalized by the same act according to the American naturalization laws is not considered by the French authorities to have lost

his French nationality, unless he obtains authorization from the French Government similar to the authorization which is granted to persons born in the United States of French parents. (See second paragraph, section above, headed "Native-born American citizens of French parentage.") American citizens in this category are frequently molested upon their return to France and are sometimes forced to complete the usual military service required of French citizens. Even the fact of having fulfilled American military requirements or having served in the American Army does not appear to relieve such persons from further military obligations in France.

D. RECOGNITION BY THE FRENCH GOVERNMENT OF THE NATURALIZATION ABROAD OF A FRENCHMAN

Article IX (1) of the French nationality law of August 10, 1927, reads:

"French nationality is lost by: A Frenchman who is naturalized abroad or who, on his own request, acquires a foreign nationality by operation of the law after he is twenty-one years old.

"However, until ten years have gone by, counted from either enlistment in the active army or the entry on the military liability list in case he is excused from active service, he who has become a foreign subject does not lose his French citizenship except under special authorization by the French Government."

It is understood that under the provisions of the law just quoted a Frenchman loses his French nationality 10 years after his first incorporation into the French Army or the placing of his name on the military liability list.

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