File No. 811.2222/1223½
The Ambassador in Great Britain ( Page) to the Secretary of State
[Received November 1, 7.15 a.m.]
7571. Your 5691, October 30, 3 p.m. Proposed British draft of convention was transmitted by despatch 73921 included in pouch which closed yesterday. Following is text:
1. All male British subjects in the United States of America (which expression is used throughout this agreement as including only the possessions of the United States of America in the North American Continent) who at any time after the date on which this agreement comes into operation have attained the age of 18 years and have not attained the age of 41 years, and all male United States citizens in Great Britain who at any time after the date on which this agreement comes into operation are within the age limits for the time being specified for compulsory military service under the laws of the United States of America shall, unless they have applied to return and return accordingly to Great Britain or the United States of America, respectively (or volunteer to proceed and proceed accordingly to such other country as may be specified either generally or in particular cases by the competent authorities of their own country), within the periods laid down in this agreement for the purpose of serving in the army of their own country, be liable to service in the army of the country in which they are according to the laws of that country.
[Page 651]2. United States citizens in Great Britain and British subjects in the United States of America who are at the date of the coming into operation of this agreement within the respective limits of age laid down in article 1, and who desire to serve in the army of their own country, must make application for the purpose in such manner, if any, as may be prescribed under the laws of the country in which they are, and must leave Great Britain or the United States of America, as the case may be, for the purpose of serving in the army of their own country within 60 days from the coming into operation of this agreement. Persons who fall within the respective limits of age laid down in article 1 at any date after the coming into operation of this agreement must leave Great Britain or the United States of America, as the case may be, within 30 days from such date.
Provided, That if any person shall make an application to the Ambassador of the country whose subject or citizen he is for a certificate of exemption from military service in accordance with the provisions of article 3 of this agreement, and such application shall-not have been decided within 30 days from the date of the coming into operation of this agreement (or, in the case of a person who falls within the limits of age laid down in article 1 at any date after the coming into operation of this agreement, within 30 days from such date) then, in the event of such a certificate being refused, the period within which such period [person] must return to Great Britain or the United States of America, as the case may be, shall be extended to 30 days from the date on which such certificate is refused.
3. The Ambassador of the United States of America in London and His Majesty’s Ambassador at Washington may grant certificates of exemption from military service to United States citizens in Great Britain and British subjects in the United States of America, respectively, who may make application for such certificate within 30 days from the coming into operation of this agreement (or in the case of persons who fall within the respective limits of age laid down in article 1 at any date after the coming into operation of this agreement, within 14 days from such date); and persons holding such certificates shall, so long as the certificate is in force, not be liable to military service in the army of the country in which they are. Such certificates may be absolute, temporary, or conditional.
4. In view of the fact that under British law United States citizens in Great Britain who are within the age limits specified for compulsory military service in Great Britain, but under or above the age limits at present specified for compulsory service under the laws of the United States of America, will, upon the coming into operation of this agreement, become liable for military service under the laws of Great Britain, the United States Ambassador in London may issue a general certificate of exemption in favor of all such United States citizens; but in the event of the age limits under the law of the United States being altered, such certificate shall be withdrawn or modified, as the case may require. In the [that] event United States citizens who are affected by the withdrawal or modification of the said certificate shall be liable to service in accordance [Page 652] with the provisions of this agreement, the period within which they must leave Great Britain if they desire to return to the United States of America for service, being 30 days from the date of such withdrawal or modification of the said certificate. Such persons shall, however, be entitled to apply for a certificate of exemption in accordance with article 3, and in the event of such certificate being refused the period in which the person concerned must leave Great Britain shall be extended in accordance with the proviso that [to] article 2.
5. United States citizens in Great Britain and British subjects in the United States of America who do not apply to return to their own country for service shall have such rights as to appealing for exemption from military service under the laws of the country in which they are as may be afforded them under the laws of that country.
6. The United States Government will take such steps as may be necessary to render liable for immediate military service British subjects in the United States of America (other than those who have obtained a certificate of exemption under article 3) who are within the age limits specified for compulsory military service under the laws of Great Britain and who have not elected to return to Great Britain, or who having elected to return to Great Britain have failed to avail themselves of an opportunity offered to them to return, notwithstanding the fact that any such British subjects may be above or below the age limits at present specified for compulsory military service under the laws of the United States of America.
7. British subjects in the United States of America who have at the date on which this agreement comes into operation taken out their first citizenship papers and who, being within the age limits specified for compulsory military service under the laws of the United States of America, are liable for service in the United States Army, are excluded from the operation of this agreement.
8. Persons who possess both British and United States nationality shall be regarded for the purpose of this agreement as possessing exclusively the nationality of the country in which they are resident at the date on which this agreement comes into operation.
9. His Majesty’s Government and the United States Government will, respectively, give facilities for the return of United States citizens and British subjects who may desire to return to their own country for service, but shall not be responsible for providing transport or the cost of transport for such persons, each Government being left to make its own arrangements for defraying the cost of the return of its nationals for this purpose.
10. No British subject who under the provisions of this agreement serves in the United States Army, and no United States citizen who under the provisions of this agreement serves in the British Army shall, after this agreement ceases to have effect, be considered to be under any allegiance, by reason of such service, to the United States of America or to His Majesty the King of Great Britain and Ireland, respectively, or be subject to any liability to service in the reserve of either army after the conclusion of this present war.
11. This agreement shall come into operation on the date on which it is laid before Parliament in accordance with the provisions of the [Page 653] British law relating to such agreements, and shall, subject to the provisions of article 10, remain in force until either party shall cease to be a cobelligerent in the present war, whereupon any person entered into military service hereunder shall be immediately discharged from such service.
- Despatch not printed.↩