The Secretary of State to the Norwegian Minister.
Washington, March 29, 1911.
Sir: I have the honor to acknowledge the receipt of your note of the 20th instant relative to the loss of American citizenship by naturalized Swedes or Norwegians who may renew their residence in the country of their nativity without the intent to return to America.
Article III of the protocol to the naturalization convention of 1869 between the United States and Sweden and Norway provides:
It is further agreed that if a Swede or Norwegian, who has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shall be held by the Government of the United States 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 or Norway.
In reply to your inquiry whether “the American Government might be willing to accept such an interpretation of the above-mentioned Section III of the protocol, that the two years’ stay in the original country shall be considered to be only a term, after the expiration of which the person concerned shall under any circumstances whatever be held to have renounced his American citizenship, so that the renouncement of the said citizenship may be deemed to have taken place before the expiration of the two years in case the person in question has satisfactorily stated his intention not to return to the United States of America,” I have to say that if the inquiry of your Government is whether this Government would be willing to interpret the article of the protocol quoted to mean that a two-years’ stay in the country of his origin by a Norwegian who has obtained naturalization in the United States shall be deemed conclusive evidence of renunciation of his American citizenship, the answer must be in the negative, as the article of the protocol provides that such two years’ stay, in the absence of proof that the party renewed his residence in Norway without intent to return to the United States, raises the presumption of intent not to return, which may be rebutted by proof to the contrary.
On the other hand, however, this Government interprets the protocol to mean that a former Norwegian who secures naturalization in the United States may be deemed to have renounced his American citizenship before the expiration of the two years, if it be satisfactorily shown that he does not intend to return to the United States.
Accept, etc.,