File No. 865.012/2
Chargé Jay to the
Secretary of State
No. 494
American Embassy,
Rome,
May 9, 1916.
Sir: Referring to the Department’s instruction
No. 309 of March 23, received April 21, in which the Embassy was
instructed to inquire from the Italian Government in regard to the
application of Article 7 of the Italian law on citizenship of June 30,
1912, I have the honor to enclose herewith a copy of this Embassy’s note
to the Minister for Foreign Affairs which followed closely the wording
of the Department’s instruction, and a translation of the Minister for
Foreign Affairs’ reply received yesterday.
I have [etc.]
[Inclosure 1]
Chargé Jay to the
Minister for Foreign Affairs
No. 1081
American Embassy,
Rome,
April 2, 1916.
Excellency: In further reference to
previous correspondence relative to the release from military
service in Italy of naturalized and native-born American citizens, I
have the honor to inform your excellency that I am in receipt of an
instruction from my Government to the effect that its attention has
been called to Article 7 of the Italian law of citizenship
promulgated June 30, 1912, reading as follows:
Except in the case of special provisions to be stipulated by
international treaties, an Italian citizen born and residing
in a foreign nation, which considers him to be a citizen of
its own, still retains Italian citizenship; but he may
abandon it when he becomes of age.
In connection with the foregoing, I have been instructed to ask your
excellency’s Government whether this provision is not applicable to
persons born in the United States of Italian parents, provided such
persons were domiciled in America upon attaining their majority,
still maintaining such domicile, and evidently elected American
rather than Italian nationality.
I am further instructed to ask if your excellency will be good enough
to inform my Government as to what evidence will satisfy the Royal
Italian authorities of abandonment of Italian nationality on the
part of persons born in the United States of Italian parents.
I avail [etc.]
[Inclosure 2—Translation]
The Ministry for Foreign
Affairs to Chargé Jay
Foreign Office,
Rome,
May 6, 1916.
Mr. Chargé d’affaires: In response to your
note of April 2 last, No. 1081, I have the honor to inform your
excellency that Article 7 of the Italian citizenship laws adopted
June 13, 1912, is applicable to all Italian citizens born and
residing abroad, and consequently applicable likewise to Italian
citizens born and residing in the United States of America.
With respect to the manner in which those persons, upon reaching
their majority or emancipation, shall act in order to demonstrate
their desire to renounce Italian citizenship, Article 5 of the
regulations for the execution of the Italian citizenship laws above
referred to, reads as follows:
The renunciation called for in Article 7 of the law must be
made before a diplomatic or consular agent of the place
where the renouncer resides. Such diplomatic or consular
[Page 414]
agent will copy
this declaration in a special register and forward a copy
thereof immediately to the Minister of the Interior in
Italy, who will arrange for its registration by the
competent authorities of the Kingdom in the registers or the
Bureau of Vital Statistics of the Kingdom.
Pray accept [etc.]
