711.554/1

The Secretary of State to the Ambassador in Belgium ( Gibson )51

No. 167

Sir: Your attention is called to the Joint Resolution of Congress, approved by the President May 28, 1928, reading as follows:

“That the President be, and he is hereby, respectfully requested to endeavor as soon as possible to negotiate treaties with the remaining [Page 498] nations with which we have no such agreement, providing that persons born in the United States of foreign parentage, and naturalized American citizens, shall not be held liable for military service or any other act of allegiance during a stay in the territory subject to the jurisdiction of any such nation while citizens of the United States of America under the laws thereof.”

You are instructed to bring the above Resolution to the attention of the Belgian Government with a view to the conclusion of an appropriate convention between the United States and Belgium.

It does not seem reasonable to ask the Belgian Government to enter into an engagement concerning persons born in the United States of foreign parents and desiring to visit the countries of their parents’ nationality, unless it is coupled with a reciprocal engagement by this Government. You are therefore instructed to propose to the Belgian Government agreement upon an article reading as follows:

“A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.”

If the Belgian Government should consider that the term “temporary stay” is too vague and requires definition, you are authorized to add the following proviso to the proposed article:

“Provided, That, if such stay is protracted beyond the period of one year, it may be presumed to be permanent, in the absence of sufficient evidence to the contrary.”

In view of the provisions of the existing Naturalization Treaty between the United States and Belgium,52 it is obviously unnecessary to enter into a new agreement concerning natives of either country who, after acquiring naturalization in the other, desire to visit their native country.

Pending the conclusion of a treaty to carry out the provision of the Joint Resolution of Congress, you are instructed to endeavor to obtain an informal agreement with the Belgian Government in accordance with the Joint Resolution, which would be applicable to persons born in the United States of Belgian parents, in order that such persons, while maintaining their residence in the United States, may be able to visit Belgium temporarily without molestation.

You are further instructed to inquire of the Belgian Government whether it would be willing to consider the adoption of an agreement for the termination of one nationality or the other in cases of dual nationality arising at birth, upon attainment by the persons [Page 499] concerned of a prescribed age, and if so, what suggestions in that direction it sees fit to propose. It is expected that this question will come before Congress during the coming session in connection with a proposed amendment of the nationality laws of the United States. It has been suggested that the nationality, after attainment of majority, of a person born with dual nationality should be determined by the domicile of such person at the time when he reaches majority or upon the termination of the period of one year thereafter, and a provision based upon this theory is found in Section 8 of a bill introduced into the House of Representatives, December 5, 1927. (H. R. 168, 70th Cong. 1st Sess.) It seems to the Department desirable to consider the whole problem of dual nationality in connection with the proposed agreement, and suggestions by the Belgian Government concerning its solution will be appreciated. It is not deemed desirable, however, to delay the conclusion of a treaty to carry out the provision of the Joint Resolution of Congress until an agreement can be reached concerning the termination of dual nationality.

I am [etc.]

For the Secretary of State:
Nelson Trusler Johnson
  1. The same, mutatis mutandis, on the same date to the chiefs of diplomatic missions in Bulgaria (No. 276), Denmark (No. 128), Great Britain (No. 1622), Norway (No. 442), Portugal (No. 958), and Sweden (No. 86).
  2. Treaty of Nov. 16, 1868; Malloy, Treaties, 1776–1909, vol. i, p. 80.