711.594/3
The Minister in Denmark ( Dodge ) to the Secretary of State
[Received June 11.]
Sir: Referring to my Despatch No. 699 of December 29th [28] last,9 relative to the conclusion with Denmark of a Convention covering cases of military obligations of persons of double nationality and a Convention for the termination of double nationality, I have the honor to enclose herewith a copy and translation of a note from the Foreign Minister, Dr. Munch,9 in reply to my note of December 27th last,9 mentioned in my Despatch referred to. It will be observed that Dr. Munch’s note states that, after having been examined by the Foreign Office, my note has now been referred to the Ministry of the Interior and that as soon as the latter has announced its opinion, I will be informed of the Government’s attitude. The note ends with the assurance that the Foreign Office “will be entirely disposed to use its influence with the competent authorities” with a view to obtaining the exemption from military service of persons making temporary visits to Denmark.
Since the date of my Despatch No. 699, above referred to, I have brought up the subject of these Conventions in the course of numerous conversations both with the late and present Foreign Ministers, Count Reventlow, Director General of the Foreign Office and Dr. Wadsted, Director of the Bureau of the Foreign Office immediately concerned. All three have emphasized their desire to conclude Conventions of the nature indicated but have declared that as the Danish nationality legislation was extremely complicated, their conclusion [Page 447] would require considerable study, not only by the Foreign Office but by the Ministries of the Interior and of Justice.
Regarding the Danish nationality legislation, my Despatch No. 733 of February 10th last10 has reported upon this subject and from it it will be seen that there are three principal nationality laws now in force none of which are retroactive: the Law of 1776 applying the Jus Soli and making only Danes born in Denmark Danish subjects with some exceptions, like the children of Danish officials stationed abroad, etc.; the Law of March 19, 1898, which changed the former law and made all children of Danish subjects Danes, without regard to the place of their birth, and the Law of April 18th, 1925, a translation of which was enclosed in my Despatch No. 699, above referred to, and Article 6 of which provides that a Dane born abroad, who has never resided in Denmark, loses his Danish citizenship upon ending his 22nd year, unless he has obtained the right to retain it by Royal Decree.
Dr. Wadsted informs me that he believes that there are three years not covered by the Laws of 1776 and 1925 but that these years would have also to be considered. As the desired Conventions would require a change in legislation, they would have to be passed by the Rigsdag. In view of this expected delay, I enquired whether, as stated in your Instruction, pending the conclusion of a Convention, an informal agreement in accordance with the Joint Resolution of the Congress could not be arranged. Count Reventlow informed me that although he would be glad to make such a temporary and informal agreement, he feared that it would not be possible as it would touch upon a subject which was for the decision of the Rigsdag and might be embarrassing when eventually the proposal for a formal Convention was submitted to that body. I then suggested that if no temporary agreement could be made, as by a mere exchange of informal notes, the Foreign Office might be able to write me a letter stating that, pending the negotiation of a formal Convention, the Foreign Office would agree to use its influence with the competent departments of the Government so that American citizens, whom it might be claimed also possessed Danish nationality, might not be held liable to Danish military service. Count Reventlow appeared doubtful at first as to whether even this could properly be done. However the passage quoted above in the note enclosed shows that the Foreign Office have finally complied with this suggestion.
I should add that both Count Reventlow and Dr. Wadsted assured me that, even if the Foreign Office could not give me such a written statement, I might nevertheless rest assured that it would use its influence in every case I might bring before it. They then reminded [Page 448] me that up to now the Legation had never had any real difficulty in obtaining the release from military service of any American citizens who were also claimed as Danes. It is true, that, so far as I know, all such American citizens have eventually been relieved but occasionally after considerable annoyance to them. I may also state that during the last nine months, the Legation has only had one such military case brought to its attention.
Count Reventlow informs me that it is unlikely that the Ministries of the Interior and of Justice will announce their opinions regarding the conclusion of the desired Conventions before next Autumn. I shall however continue doing what I can to hasten their decisions.
I have [etc.]