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

from 4 to 40 kroner; but if his neglect arises from a design to evade service he may be imprisoned.

Anyone leaving the country before he should be entered on the conscription list is expected, in case he returns before his thirty-second year and is yet subject to military service, to report for entry on the conscription list.

Anyone who, after having been entered on the conscription list or after having reported for entry on the list, leaves the country must, under penalty of fines of from 10 to 100 kroner, report his departure as well as his return to the competent official.

During the year when the person liable to military service attains the age of 20 he is bound to present himself before the board of examiners, and if he is found to be fit for service he is then entered on the army list and called for service the following year, unless he has obtained from the minister of the interior a deferment to one of the following years or unless, in consequence of a high number drawn by lot, he is exempted from military service.

In case he fails to appear when the law requires that he be assigned to military duty he is liable to imprisonment.

The treaty of naturalization between the United States and Denmark provides that a former subject of Denmark naturalized in the United States shall, upon his return to Denmark, be treated as a citizen of the United States; but he is not thereby exempted from penalties for offenses committed against Danish law before his emigration. If he renews his residence in Denmark, with intent to remain, he is held to have renounced his American citizenship. The intent not to return may, under the treaty, be held to exist when the naturalized citizen shall have resided for two years in his native land.

A naturalized American citizen formerly a subject of Denmark, having renewed his residence in Denmark with intent to remain or having resided in that country for more than two years, is liable to perform military service in Denmark if he was in the army at the time of emigration and deserted; or, if before emigration he had been enrolled for duty, called and failed to appear; or, if after his return he is assigned to a military unit.

In time of peace the minister of the interior is authorized upon application to release from further service in the Danish Army or Navy such individuals subject to Danish military service as may produce proof that they have served in the army or navy of any of the belligerent nations during the years 1914 to 1918.

26. Germany.-Article 278 of the treaty of Versailles, the rights and advantages of which are accorded to the United States by its treaty restoring friendly relations with Germany, concluded August 25, 1921, stipulates that Germany 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 purpursuant 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 173 of the same treaty provides that universal compulsory military service shall be abolished in Germany and that the German Army may only be constituted and recruited by means of voluntary enlistment.

27. Hungary. Article 213 of the treaty of Trianon, the rights and advantages of which are accorded to the United States, by its treaty establishing friendly relations with Hungary, concluded on August 29, 1921, stipulates that Hungary 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 103 of the same treaty stipulates that universal compulsory military service shall be abolished in Hungary and that the Hungarian Army shall, in the future, only be constituted and recruited by means of voluntary enlistment. 28. Norway.-A subject of Norway is liable to performance of military duty in and after the calendar year in which he reaches the age of 21 years.

Under the naturalization treaty between the United States and Sweden and Norway, a naturalized citizen of the United States formerly a subject of Norway 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 Norway 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 person liable to the performance of military duty, who emigrates before January 1 of the year in which he reaches the age of 20 or after this time with due permission, and who returns and reports personally in the proper manner, is enrolled for service together with the class with which he is registered, but is transferred to the second draft and is discharged at the same time as the men with whom he, according to his age, should have registered. After the end of the seventh conscription year (the year he reaches the age of 27) he is free 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 for 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.

29. 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 before 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 recruit, either in the active or reserve army, his parents or grandparents are liable, in his absense, 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. 30. 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.

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' residence in Sweden and upon attaining the age when Swedish subjects become liable to military service.

Under the naturalization treaty between the United States and Sweden and Norway a naturalized 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 NATURALIZED AMERICAN CITIZENS IN CERTAIN COUNTRIES WITH THE GOVERNMENTS OF WHICH THE UNITED STATES HAS NOT CONCLUDED NATURALIZATION TREATIES

31. 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.

32. 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.

33. 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, consider the advisability of inquiring of the 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 in so far as it relates to the laws and regulations of a foreign government. 34. France. The Department of State has been advised by the French Government that American citizens of French origin who visit France and who, under French military service 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:

(1) Deserters before the outbreak of hostilities.

(2) 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 can not 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 periods perscribed 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:

99484--28- -2

(1) NATIVE-BORN AMERICAN CITIZENS OF FRENCH PARENTAGE

Men of this class who have complied with all the requirements of the military laws of the United States, upon obtaining an authorization from the French Embassy fixing the duration of their visit, may return and reside temporarily in France without molestation.

(2) 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 consequently their sojourn in France is not subject to restriction.

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."

(3) PERSONS BORN IN FRANCE WHO ACQUIRED AMERICAN NATIONALITY AFTER

HAVING BEEN DECLARED DEFAULTERS

These persons shall be treated as follows:

(a) The pre-war delinquent can not 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 arrsǝts.

(b) 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. 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. The French authorities do not recognize the right of a French citizen to acquire foreign citizenship until he has reached the age of 21.

D. RECOGNITION BY THE FRENCH GOVERNMENT OF THE

ABROAD OF A FRENCHMAN

NATURALIZATION

It is understood that, under section 17 of the French Civil Code, the French Government will not recognize the naturalization of a Frenchman abroad, if he is still subject to the obligations of military service in the active army, unless such naturalization has been authorized by the French Government.

The above regulations will cease to have effect on the date upon which the persons concerned shall have acquired immunity from public action through prescription or the date when an amnesty shall have annulled the misdemeanor with which they have been charged.

35. Greece. The Greek Government does not recognize a change of nationality on the part of a former Greek which was made after January 15, 1914, without