It would seem doubtful whether a continuation of the discussion would be
of benefit to anybody since the Greek Government is hardly likely to
admit a third party interpretation of the application of a Graeco-Turk
treaty to members of a class of persons whose status and rights are
covered by the treaty when these persons actually place themselves under
the Greek jurisdiction. As a matter of fact, Greek officials have been
accommodating in releasing former Ottomans, naturalized in America
subsequent to January 30, 1923, from the performance of military duties,
when appealed to on lines of good policy and common sense. They are
gradually beginning to realize that it is to their interest to permit
Americans of Greek origin to visit this country without unnecessary
vexations of which the exaction of military service is, of course, the
greatest.
[Enclosure—Translation]
The Greek Ministry of Foreign
Affairs to the American
Legation
No. 24267
Note Verbale
The Ministry of Foreign Affairs, in reply to the verbal note of the
United States Legation, No. 145, of August 4, 1928, has the honor to
invite its attention to the fact that, in conformity with Articles 3
and 7 of Convention VI, concerning the exchange of Greek and Turkish
populations, signed at Lausanne, Orthodox Greeks who had left
Turkish territories subject to the exchange after the 18th of
October, 1912, were considered exchangeable and consequently lost
the nationality of the country they abandoned and acquired Greek
nationality on the date of the signature of said convention, if they
had not already previously acquired it.
The Mixed Commission, sitting at Constantinople, interpreting, as it
was competent to do, the above mentioned Articles Nos. 3 and 7, held
in its decision No. 22, of May 9, 1924, that persons subject to the
exchange and who on the date of the signature of the convention
(January 30, 1923) were in a country other than Greece or Turkey,
lost on that date the nationality of the country which they
abandoned and acquired the nationality of the other contracting
country.
On the same question, the nationality council of the Foreign Office,
[Page 49]
in its 84th session
which took place on November 11, 1927, took the following decision:
“Orthodox Greeks who left Turkish territory subject to the
exchange, subsequent to the 18th of October, 1912, lost
their Turkish nationality and became Greek subjects on the
date of the signature of Convention VI of January 30, 1923,
and as such cannot be recognized in Greece as foreign
subjects in the event that they were naturalized abroad
after the 30th of January, 1923, and without the previous
authorization of the Hellenic Government in accordance with
law No. 120 of the 2/15 January, 1914.”
The honorable United States Legation will be good enough to note that
in the foregoing case there is no question of Turkish subjects
obtaining American naturalization, since these same persons, by the
operation of the Treaty of Lausanne, ceased to be Turkish subjects
at the moment they asked for American naturalization and became, ipso jure, Hellenic subjects on the 30th of
January, 1923.
Furthermore, the articles mentioned do not affect persons who were
naturalized abroad before the signature of Convention VI on the 30th
of January, 1923, or those who left Turkey before the 30th of
October, 1912, and who consequently are considered as
non-exchangeable Turkish subjects.
After these explanations, the United States Legation will recognize
that this is not a case where a contrary opinion can modify a
definitely established rule. The Hellenic Government has no
pretension of involving itself in questions concerning the
nationality of American citizens. It must, however, carry out the
provisions of the treaties and their official interpretations in the
event that persons referred to by the treaties enter the Hellenic
jurisdiction.
