File No. 864.56/12.
In reply I send you herewith six copies of the department’s “Notice to
American Citizens Formerly Subjects of Austria or Hungary Who
Contemplate Returning to Either of Those Countries,” issued October 22,
1910. You will note that the statement in the first paragraph in regard
to the age of liability to perform military service in Austria and
Hungary has been amended in accordance with the information contained in
your dispatch.
[Inclosure.]
Austria-Hungary.
Notice to American citizens formerly
subjects of Austria or Hungary who contemplate returning to
either of those countries.
The information given below is believed to be correct, yet is not to
be considered as official, so far as it relates to the laws and
regulations of Austria-Hungary.
Liability to perform military service in Austria and in Hungary
arises on January 1 of the calendar year in which an Austrian or
Hungarian reaches his twenty-first year and ceases on the 31st of
December of the year in which he ends his thirty-first year.
Under the terms of the treaty between the United States and
Austria-Hungary a former subject of Austria or Hungary who has
resided in this country five years and has been naturalized as a
citizen of the United States is treated upon his return as a citizen
of the United States. If he violated any criminal law of his
original country before the date of emigration he remains liable to
trial and punishment, unless the right to punish has been lost by
lapse of time as provided by law. A naturalized American citizen
formerly a subject of Austria or Hungary may be arrested and
punished under the military laws only in the following cases: (1) If
he was accepted and enrolled as a recruit in the army before the
date of emigration, although he had not been put in service; (2) if
he was a soldier when he emigrated, either in active service or on
leave of absence; (3) if he was summoned by notice or by
proclamation before his emigration to serve in the reserve or
militia and failed to obey the call; (4) if he emigrated after war
had broken out.
A naturalized American citizen of Austrian or Hungarian origin on
arriving in his original country should at once show his passport to
the American consul, or at least to the local authorities; and if,
on inquiry, it is found that his name is on the military rolls he
should request that it be struck off, calling attention to the
naturalization treaty between this country and Austria-Hungary
published in 1871.
The laws of Austria-Hungary require every stranger to produce a
passport on entering. This provision is not usually enforced, but
may be at any time. Travelers are usually called upon to establish
their identity and are advised to provide themselves with passports.
They do not ordinarily require to be viséed.
A native of Austria or Hungary will probably experience difficulty in
establishing his status if he returns to his original country
bearing an American naturalization certificate and passport issued
in a name different from his original name Such a person, if his
name has been changed by order of a court, should take with him a
properly authenticated copy of the order of the court; if the change
of name was not legally made, he should obtain from the court in
which he was naturalized a new certificate [Page 71] of naturalization in his lawful name, and his
passport application should agree therewith.
Attention is called to the following provisions of the second section
of the Expatriation Act, of March 2, 1907:
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 citizens 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.
American citizens in Austria-Hungary should apply for registration in
the nearest American consulates.
Department of
State,
Washington, May 15,
1912.