Under the provisions of law just quoted the Italian Government recognizes the naturlazation of Italians in this country, but holds them liable for the performance of military service notwithstanding such naturalization. This Government has on several occasions endeavored to induce the Italian Government to conclude a naturalization treaty, under which Italians naturalized in this country would not be held liable for military service in Italy unless such liability had actually accrued prior to their emigration. However, the efforts of the United States in this respect have not been successful, and no treaty of naturalization has been concluded with Italy. Consequently the department is not in a position to assure Italians that their naturalization in this country will enable them to visit their native land without danger of molestation and impressment into the Italian army. The department is unable to state what penalties, by way of fines or confiscation of property, might be imposed on Italians in the United States who fail to perform the military service for which they are held liable under Italian law.

As you have asked especially to be informed concerning the actual practice of the Italian Government in cases of the kind mentioned, I will quote for your information the following statements made by the department in regard to particular cases.

On February 23, 1875, Secretary of State Fish wrote as follows to Mr. Davidson, who had enquired concerning the liability for military service in Italy of one Biagiotte, a naturalized Italian:

"It is possible that a naturalized citizen may have incurred obligations or liabilities in his native country from which, on returning to the country of his nativity, it would be difficult to shield him. There is no naturalization treaty between the United States and Italy. In the absence of one, the municipal law of that country will probably be held to be applicable to all native Italians who, though naturalized abroad, may return within the jurisdiction of the Italian Government." (Mr. Fish, Secretary of State, to Mr. Davidson, February 23, 1875, 106 MS. Dom. Let. 576.)

On March 20, 1878, Mr. F. W. Seward, Assistant Secretary of State, wrote as follows to a Mr. Wilson, who had inquired concerning the status in their native land of naturalized American citizens of Italian origin:

"It is understood the law of Italy makes no exception in favor of its subjects naturalized abroad, in requiring from them service in the army, if found within Italian jurisdiction. As the United States has no naturalization treaty with Italy, the local laws must prevail." (Mr. F. W. Seward, Assistant Secretary of State, to Mr. Wilson, March 20, 1878, 122 MS. Dom. Let. 230.)

On September 5, 1881, Assistant Secretary of State Hitt wrote as follows to Messrs. Donati & Bro.:

"The experience of the department is that natives of Italy returning there, and held to service in the army by Italian law, are required to complete the term of such service. If you are naturalized citizens of the United States, you can procure passports which will protect you, so long as you remain outside of the jurisdiction of the Italian Government. Should you, however, venture within such jurisdiction and so be compelled to service in the army, the department can not assure you, in the absence of treaty stipulations, that any remonstrance it might make in your behalf would be successful." (Mr. Hitt, Assistant Secretary of State, to Messrs. Donati & Bro., September 5, 1881, 139 MS. Dom. Let. 57.)

On December 16, 1883, Secretary of State Frelinghuysen, writing to a Mr. De Pierre, said:

"The Government of Italy does not recognize foreign naturalization as extinguishing the obligation of its former sbjects to military service; nor has that Government any treaty stipulations with the United States which in any way modify the case so far as our citizens are concerned. If, therefore, such native, so naturalized, returns to the jurisdiction to which he was once subject, the American passport which will be given him, on proper application, will insure the earnest attention of our diplomatic and consular officers in case there may be any proper opportunity of service to him. The department can not, however, guarantee freedom from detention, nor protection and release in case charges are prosecuted, based on conditions preceding the acknowledgment of obligation to the United States." (Mr. Frelinghuysen, Secretary of State, to Mr. De Pierre, December 16, 1883, 149 MS. Dom. Let. 235.)

On December 19, 1892, Secretary of State Foster, in reply to the inquiry of a Mr. Mayo as to the status of a naturalized American citizen who had come to this country from Italy at the age of 13, said:

"Under that article (12 Italian Civil Code) the Italian Government, against the earnest protest of this Government, has claimed the right to hold its former subjects to military service in case of their return to Italy, although they have become citizens of this country. (See Foreign Relations, 1890, p. 536, et. seq.) Signor Damiani, the Italian Underecretary of State, states the Italian claim thus: That the duty to serve in the army arises 'from the explicit regulations of the Italian law, which do not exempt from military service anyone who has lost, or voluntarily relinquish Italian citizenship.' In proper cases this Government will continue to protest against this claim as it has done heretofore, but in the absence of a treaty stipulation with respect thereto the present prospects of a favorable result are not promising."

On November 22, 1895, Secretary of State Olney wrote to Mr. Dondero, a naturalized American citizen of Italian origin, as follows:

"Should you voluntarily return to Italy, you would place yourself within the jurisdiction of the Italian law, and while, if you should be held for military service, our embassy at Rome would, on proof of your American citizenship, intervene in your behalf, the success of the intervention can not be foreseen.' (Mr. Olney, Secretary of State, to Mr. Dondero, November 22, 1895, 206 MS. Dom. Let. 156.)

The above quotations from the correspondence of the Department of State and others, may be found in Moore's Digest of International Law, Volume III, pages 608, et seq.

I regret to say that the department has received no assurance that the practice of the Italian authorities with relation to cases of Italians who return to Italy after obtaining naturalization in other countries has been changed in recent years. I inclose herewith several copies of the department's printed circulars entitled "Notice to American Citizens Formerly Subjects of Italy Who Contemplate Returning to that Country," and "Liability for Military Service in Foreign Countries of Persons Residing in the United States."

I am, Gentlemen, your obedient servant,

ROBERT LANSING.

NOTICE TO BEARERS OF PASSPORTS

CONTENTS

I.

Miscellaneous information of general interest.

II. Expatriation of naturalized citizens and the presumption of cessation of citizenship.

III. Status of naturalized American citizens in certain countries with which the United States has concluded Naturalization Treaties.

IV. Status of naturalized American citizens in certain countries with which the United States has not concluded Naturalization Treaties.

Warning. A naturalized citizen should read carefully Section II and that part of Sections III or IV which relates to the country of which he was originally a national.

I. MISCELLANEOUS INFORMATION OF GENERAL INTEREST

1. Signature. The signature of the person to whom a passport is issued should be affixed in the place indicated therein immediately upon its receipt.

2. Loss, destruction, or mutilation of a passport.-A passport, whether valid or expired, is an important document. It should not

be allowed to pass into the possession of an unauthorized person. 3. The loss, destruction, or mutilation of a valid passport should be reported immediately to the Passport Division, Department of State, Washington, D. C., or to the nearest American consular officer.

4. As a rule new passports can be issued in such cases only after an exhaustive inquiry.

5. The application for a new passport to replace a valid passport which has been lost, destroyed, or mutilated must be accompanied by a detailed statement of the circumstances under which the passport was lost, destroyed, or mutilated.

6. Passports may be amended to incude the American wife and American minor children of the person to whom issued upon the written request of the bearer. The passport agents in Boston, New York, Chicago, New Orleans, San Francisco, and Seattle have authority to amend passports. Passports may also be amended by American consular officers, and in the absence thereof by American diplomatic officers.

7. Passports, unless otherwise limited, are valid for all countries. Consequently no amendments to include specified countries will be necessary on such passports.

8. Regulations of foreign governments.-Passports and other travel regulations of foreign governments vary and are subject to changes. For authentic information regarding them inquiry should be made, before leaving the United States, of the diplomatic or consular representatives of the countries to be visited with reference to the following subjects: Visas; import and export regulations relating to money, jewelry, and other valuables; and travel, residence, health, and vaccination regulations.

9. Americans should obtain visas before leaving United States.— Nearly all foreign governments require persons of other nationality entering their countries to be in possession of passport visas granted by the diplomatic or consular officers of those countries. Certain exceptions are noted below.

10. American citizens are urgently advised to obtain visas from the appropriate foreign consuls stationed in this country before beginning their journeys, since it is understood that the regulations of a number of foreign countries require that a visa be obtained before the American leaves the United States.

11. American travelers who intend to travel in certain foreign countries and in the dominions or colonial possessions of such countries, as well as in territories under mandate, are cautioned to inquire regarding, and obtain, if necessary, specific visas not only for the foreign country but for the dominion or colonial possession,or mandated territory, in which they intend to travel.

12. The visa regulations of foreign governments are enforced directly by the representatives of those governments. The Department of State does not under any circumstances act as intermediary in obtaining visas from representatives of foreign countries.

13. Countries where visas are not required.--An American citizen. entering Belgium or Switzerland must hold a passport, but a visa is not required unless his intended sojourn in Belgium is for a period of more than four months or he is seeking employment in Switzerland.

14. No visas are required for Salvador and Jamaica.

15. Visas are not necessary for Danzig if entry is made directly by sea. If, however, entry is made by way of the Polish Corridor or by way of Germany, the Polish or German visa is necessary.

16. No Netherlands visa is required of Americans traveling by land or by sea in transit through the Netherlands. In order to be admitted to the Netherlands they are, however, required to produce a visa of the country to which they are traveling. These persons are permitted to stay eight days in the Netherlands. Should they stay longer, they will be liable to be treated as persons whose papers are not in order and who, therefore, can be ordered to leave the country. Americans traveling in transit through the Netherlands to the United States or to a country into which they are admitted without a visa will be admitted to the Netherlands without any visa at all.

17. Registration at American Consulate.-American citizens intending to make an extended sojourn in a foreign country should register in the nearest American Consulate immediately upon arrival in the foreign country.

18. Registration with local authorities.-Information in regard to local police registration, etc., in foreign countries should be obtained from the local authorities direct or through the nearest American consulate.

19. Dual nationality.-Persons born in the United States of unnaturalized parents are American citizens under American law, but they may also be citizens or subjects of the country of their parents' origin under the law of that country. As the legal right of the other country to the allegiance of such persons in their territory can not be denied by this Government, the department can offer no assurances to them that any representations which it may make on their behalf will be successful.

II. EXPATRIATION OF NATURALIZED CITIZENS AND THE PRESUMPTION OF CESSATION OF CITIZENSHIP

20. Naturalized American citizens are warned that their rights of citizenship may be lost as a result of a residence of two years in their native lands or five years in other foreign lands, under the 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:

That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign State in conformity with its laws, or when he has taken an oath of allegiance to any foreign State.

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 provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. (Sec. 2, act of March 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, 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. 596.)

III. STATUS OF NATURALIZED AMERICAN CITIZENS IN COUNTRIES WITH THE GOVERNMENTS OF WHICH THE UNITED STATES HAS CONCLUDED NATURALIZATION TREATIES

21. Naturalized American citizens and persons born in this country of foreign-born parents should, before proceeding to the country of their origin or that of the origin of their parents, ascertain their status with regard to military service in such country.

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 in so far as it relates to the laws and regulations of a foreign government.

22. 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.

23. 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 name 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 can not be held to military service in Belgium, or to incidental obligation resulting therefrom, in the event of his return, except in cases of desertion from organized and embodied military or naval service.

24. Bulgaria.—A national of Bulgaria who has been naturalized as a citizen of the United States is recognized as an American citizen upon his return to the country of his origin, subject to any law providing that Bulgarians do not lose their nationality by becoming naturalized in another country during a period when Bulgaria is at war. Bulgarians who have become naturalized as American citizens are not, upon returning to Bulgaria, subject to punishment for the original act of emigration or for failure prior to naturalization to respond to calls for military service accruing after bona fide residence was acquired in American territory. If a national of Bulgaria who has been naturalized as a citizen of the United States shall renew his residence in Bulgaria without the intent of returning to the United States, he may be held to have renounced his naturalization. The intent not to return may be held to exist when a person naturalized in the United States shall have resided two years or more in Bulgaria. 25. Denmark. In November or December of the year in which the person liable to military service becomes 17 years old, he is expected to report for enrollment on the conscription lists. If he neglects to do so he may be fined