711.744/20
The Secretary of State to the Minister in Bulgaria (Schoenfeld)
Sir: The Department has received despatch No. 1337 dated October 19, 1928, from your office requesting instructions as to the interpretation which should be placed on the Naturalization Treaty between the United States and Bulgaria in cases of claims of naturalized American citizens of Bulgarian origin for exemption from the payment of taxes for failure to perform military service to which [Page 445] they became liable after emigrating to the United States. The pertinent Treaty provision reads as follows:
“Article II … Nationals of either country who have or shall become naturalized in the territory of the other, as contemplated in Article I, shall not, upon returning to the country of former nationality, be punishable for the original act of emigration, or for failure, prior to naturalization, to respond to calls for military service not accruing until after bona fide residence was acquired in the territory of the country whose nationality was obtained by naturalization.”
It appears that the aforementioned tax is in the nature of a penalty and there can be no doubt that any punishment inflicted on naturalized American citizens of Bulgarian origin for failure to respond to calls for military service after they have taken up a permanent residence in this country is a violation of the Treaty. The language of the Treaty is clear in this regard. Therefore in taking up cases of this character with the Bulgarian Government, your representations should conform to the Department’s instruction of March 25, 1926, in reference to the assessment of taxes against Mr. Saro Atanasoff on account of his son, Christo Saroff. The statement in the last sentence of the Department’s instruction of July 13, 1926, is not in accordance with the Treaty provision and is therefore in error and should be disregarded.
I am [etc.]