861.00/11457
The Secretary of State to the Minister in Latvia (Coleman)2
Sir: The receipt is acknowledged of your despatch No. 7469 of February 4, 1931, inquiring with respect to the citizenship status of certain American nationals who, during the recent elections held at the Stalingrad tractor plant, were elected to membership in rayon and city Soviets.
In reply you are informed that in the opinion of the Department the acceptance by these American citizens of membership in such Soviets would not result in the loss of their American citizenship unless such acceptance should constitute naturalization or involve the taking of an oath or affirmation of allegiance to a foreign State. Any information which may come into the possession of the Legation indicating [Page 976] that these persons have taken steps to become citizens of another State, or have taken an oath or affirmation of allegiance to another State, or have renounced their allegiance to the United States should be transmitted to the Department.
The question of the right while in Russia of an American national who has become a member of such a soviet in circumstances not affecting his American citizenship to the protection customarily extended by American diplomatic or consular representatives to American nationals abroad does not arise in this instance, since at the present time there are no American diplomatic or consular officers in Russia.
It would appear, however, that an American national who has assumed such an office in the circumstances referred to above, should, while outside of Russia, be recognized as an American citizen and accorded protection as such unless the particular facts in his case would not warrant this action. Of course, each case of an American national abroad desiring to obtain protection or recognition as an American citizen should be decided upon its peculiar merits. In this connection, reference is made to Section 137, Note 2, and Section 147 of the Consular Regulations.3
A full report should be submitted to the Department concerning each case coming to the Legation’s attention involving the acceptance by an American national of public office in Russia. The Legation should also keep the Department informed in so far as it is able regarding the qualifications which persons must have in order to accept the various public offices held by American nationals in Russia, as well as the formalities which they must undergo in being inducted into such offices and the duties and privileges connected with the holding of such offices.
For the information of the Legation it may be stated that the records of the Department disclose that passports were issued in 1930 to the persons listed in the enclosure attached hereto,4 who are believed to be among those persons referred to in the Soviet press as having been elected to Soviets. It will be observed that three of these persons are naturalized American citizens. Should these persons continue to reside in Russia for a period sufficient to bring upon them the presumption that they have ceased to be American citizens under the provisions of the second paragraph of Section 2 of the Act of March 2, 1907,5 and should they apply for a renewal of their passports, their applications should be submitted for the consideration of the Department, accompanied by Form 213, in which should be set [Page 977] forth fully the reasons for their protracted foreign residence as provided for in Section 144B of the Consular Regulations.
Very truly yours,