711.684/15
The Secretary of State to the Minister in Greece (Skinner)
Sir: The Department has received your despatch No. 490 of March 1, 1928, concerning the question of concluding a naturalization treaty with Greece and is glad to learn that the Greek Foreign Minister appears to have received your proposal concerning the matter in a sympathetic spirit.
With reference to the suggestion that the Department send you draft proposals of a treaty, your attention is called to the draft which was sent to your predecessor with the Department’s instruction No. 263 of October 21, 1925.49 A copy thereof is enclosed herewith for convenient reference.49 This draft, as you will observe, is modeled upon the naturalization treaty with Bulgaria. Like the naturalization treaties heretofore concluded between the United States and other countries, it does not cover cases of dual nationality, that is, [Page 30] cases of persons who are born in either country of parents having the nationality of the other, and who are themselves nationals of the one country jure soli and of the other jure Sanguinis. Several cases of the latter kind were discussed in your despatch No. 269 of July 25, last. While it would seem desirable to enter into an agreement of some kind concerning such cases, the problem involved in them is quite distinct from that which exists with regard to natives of either country who have acquired the nationality of the other through naturalization. In cases of persons who have obtained American nationality through naturalization and who, in doing so, have solemnly forsworn their original allegiance, this Government does not consider that the existence of dual nationality can properly be admitted, while in the other cases mentioned its existence cannot reasonably be denied. It does not seem practicable to make an agreement under which dual nationality at birth can be precluded, and it would doubtless require long drawn out negotiations, with, perhaps, changes in the statutes of one or both countries, to effect an agreement under which dual nationality could be terminated after birth. The Department would prefer to proceed at present with the conclusion of a treaty relating only to naturalized citizens, leaving the subject of dual nationality for subsequent negotiations. However, if the Greek Government is prepared to make any concrete suggestions for an agreement concerning dual nationality, the Department will be glad to consider them. Meantime it is hoped that you will be able to reach an informal understanding with the Greek Government and that young men born in the United States and having their permanent residence in this country will not be held by the Greek authorities and prevented from returning to the United States in case they visit Greece temporarily before reaching the age of military service.
The draft treaty also does not cover cases of persons who were born in Turkey and who were Turkish subjects and renounced allegiance to Turkey at the time of their naturalization as citizens of the United States. It does not seem appropriate to include such cases in a treaty concerning persons who were admittedly nationals of either country before their naturalization in the other, but it is hoped that you will be able to persuade the Greek Government that their claims to the allegiance of such persons when they enter Greek territory are unreasonable and should be withdrawn.
In discussing this matter with the Foreign Minister you will no doubt emphasize the fact that this Government has no desire to extend protection to persons who have acquired American nationality fraudulently or to those who, after acquiring naturalization in the United States, abandon this country. In this relation particular attention is called to the provision of Article III of the draft treaty [Page 31] and the provisions of the second paragraph of Section 2 of the Expatriation Act of March 2, 1907,50 and the second paragraph of Section 15 of the Naturalization Act of June 29, 1906.51
It is hoped that you will be able to convince the Greek authorities that the conclusion of a naturalization treaty will be mutually advantageous to the two countries, since the lack of a naturalization treaty, while it does not prevent Greeks from obtaining naturalization in this country, leaves them in a condition of uneasiness with regard to the claims which may be made upon them by their country of origin, and no doubt in many cases deters them from visiting Greece for the purpose of attending to family matters or carrying on commerce between the two countries. Thus at the present time normal intercourse between the two countries is subjected to serious impediments. It is hoped that, by the conclusion of a satisfactory naturalization treaty, such impediments may be removed.
The Department will, of course, be glad to give due consideration to any suggestions for changes in or additions to the proposed treaty which the Greek Foreign Office may see fit to suggest.
I am [etc.]
[For instruction No. 210, December 1, 1928, to the Minister in Greece, see volume I, page 499, footnote 53.]