The Brazilian Ambassador (Gurgél do Amoral) to the Secretary of State40

No. 58

Excellency: Several occasions have arisen in which the Federal Government of Brazil have had to examine and discuss the doubts of foreign Governments or of their diplomatic Missions accredited in the country—the Mission of the United States of America being included in the number—with regard to the viséing on passports of persons of double nationality.

The undersigned, Ambassador Extraordinary and Plenipotentiary of the United States of Brazil, has received instructions from his Government to bring to the knowledge of the United States Government the viewpoint held by the Brazilian Government concerning passports issued to persons of double nationality, whenever one of these is the Brazilian nationality.

The Federal Government of Brazil recognize, as a fact, the double nationality, inasmuch as it is within the rights of every Power to freely establish, in conformity with its Constitution and laws, the qualifications of the individuals whom it considers its own nationals. It is in virtue of this precept that persons of double nationality, whenever one of them is the Brazilian nationality, can only enter the Brazilian national territory or absent themselves from it when they are actual bearers of Brazilian passports, notwithstanding the fact that this requirement does not preclude them from having passports issued by other Powers that may also consider them as being their own nationals.

The Brazilian Government consider that these rules are the natural sequence of the necessity of not entitling any persons, duly qualified as Brazilian citizens, to claim protection, within the Brazilian national territory, of any laws or authorities other than the Brazilian laws and the Brazilian authorities.

The undersigned ventures to believe that in so far as the United States Government are concerned in this matter, the proper directions may be issued for the adjustment of the interests of bearers of American passports whenever they happen to be also citizens of the United States of Brazil.

The undersigned avails himself [etc.]

S. Gurgél do Amaral
  1. This note was acknowledged on September 2, 1930. No further reply was made. A memorandum of the Solicitor’s office, dated October 10, 1930, stated that in view of the outbreak of revolution in Brazil (see pp. 432 ff.) it was a most inopportune time to take this matter up again with the Brazilian Ambassador.