368.117/297
The Secretary of State to the Chargé in Greece (Morris)
Sir: There is enclosed a copy of a communication of February 19, 1932,51 transmitted to the Department by the Greek Minister at Washington to the effect that American citizens of Greek origin arriving in Greece in groups of fifty or more from the United States during the year 1932 will enjoy the same facilities regarding their military obligations as those enjoyed by the excursionists of the American Hellenic Educational Progressive Association who in the last few years have been permitted to visit Greece without being required to fulfill their military obligations, if any were due to the Greek Government. It is added that persons visiting Greece as excursionists in groups of fifty or more who remain in the country after January, 1933, would not enjoy these privileges.
Under an order of the Greek Ministry of War dated October 31, 1929, it was provided that no measures by reason of alleged military obligations would be taken during the year 1930 against former Greek subjects who had been naturalized as citizens of the United States or persons born in the United States of Greek parents. The Department was subsequently advised by your office that the Greek Government had decided that the same arrangement for exemption from military obligations would be continued during the year 1931. However, as the Department understood that the arrangement had not been extended to cover the year 1932, it released a press notice on February 12, 1932,52 setting forth the fact that the exemption from alleged military obligations accorded by the Greek Government to American citizens of Greek origin who visited Greece during 1930 and 1931 had not been extended to cover the year 1932 and it suggested that American citizens of Greek origin and naturalized American citizens born in territory now forming a part of Greece who contemplated visiting Greece in 1932 should apply before departure from this country to a Greek consular officer in the United States for information as to their exact status with respect to alleged military obligations to Greece. It will be noted that the communication from the Greek Minister in Washington is dated subsequent to the Department’s [Page 438] press release and states that the Greek Government through a decision taken on October 31, 1931, would not require American citizens of Greek origin arriving in Greece in groups of fifty or more from the United States to fulfill their alleged military obligation, if any, due to Greece. Whether the withdrawal of the privileges accorded during 1930 and 1931 really serves the best interests of Greece is, no doubt, a matter for the Greek Government to determine. It is, of course, not satisfactory to this Government, which holds that a naturalized citizen of the United States of Greek origin should not, upon his return to Greece, be obliged to perform military or other obligations or be held liable for failing to have performed such service or obligations which had not actually accrued under Greek law prior to his emigration to the United States. It is also objectionable with respect to a person born in the United States of Greek parents or a person born in Greece of American parents and whose habitual place of abode is in the United States. Of course, the abandonment of the policy pursued by the Greek Government in 1930 and 1931 is extremely objectionable to American citizens of Greek origin who desire to visit Greece temporarily for legitimate reasons. Obviously many American citizens of Greek origin who desire to visit Greece for short periods refrain from doing so because of fear of being molested by the Greek authorities and required to perform military and other obligations. The failure of many American citizens of Greek origin to visit Greece temporarily because of fear of being molested by the Greek military authorities has the result of lessening the sentiment of friendship which should, and ordinarily does, exist between the country of origin and the country of adoption of an individual, or the country of the birth of an individual and the country of origin of his parents, or the country of birth of an individual and the country in which he habitually resides. Doubtless the failure of many American citizens of Greek origin to visit Greece because of the fear above alluded to results in lessening the growth of commercial ties between the United States and Greece to the detriment of the material welfare of both countries.
It is difficult to see in what measure the interest of Greece is promoted by the abandonment of the policy pursued by it with reference to American citizens of Greek origin in 1930 and 1931. If the motive is to increase the number of persons in the military service of Greece, it hardly serves the purpose of Greece to any extent since doubtless many American citizens of Greek origin who are aware of the fact that under Greek law or regulation they are considered to owe military service to Greece, refrain from placing themselves within the jurisdiction of that country and the number of American citizens [Page 439] of Greek origin who do place themselves within the jurisdiction of Greece is in the aggregate so small that it probably does not affect the military situation in Greece to any degree. In the cases of those who are actually impressed into the Greek Army it is probable that upon release they return immediately to the United States and are, consequently, of no further use to Greece from the military point of view.
The present arrangement permitting excursionists in groups of fifty or more to visit Greece without being required to fulfill their alleged military obligations, if any, is doubtless evaded in many instances by persons who are not bona fide “excursionists”. The Department has received information to the effect that Greek tourist agencies in the United States have already perceived the opportunity which is offered them by the present arrangement outlined in the communication of February 19, 1932, above referred to and have organized “excursions” among individuals who have booked passage to Greece with them. In other words, tourist agents are enabled by the present arrangement to book individual American citizens of Greek origin on one boat taking fifty or more individuals, calling it an excursion, thus evading the present arrangement of the Greek Government. In the opinion of the Department the Greek authorities might just as well allow American citizens of Greek origin to visit Greece individually, or in such manner as they prefer, rather than set up an annoying and ineffectual arrangement such as now exists. In connection with the present arrangement the Department desires that you endeavor to ascertain what is meant by the phrase “arriving in Greece in groups of fifty or more”. Presumably this means that the group must be in the nature of an organized bona fide excursion, but as indicated above, it does not seem to prevent tourist agencies from organizing “excursions” among individuals who have booked passage with them.
If there seems to be no prospect of entering into a treaty of naturalization with Greece in the near future, it is suggested that you endeavor to persuade the Greek Government to adopt a permanent policy under which American citizens of Greek origin may be able to return to Greece temporarily without being required to perform military service or other obligations. In this connection the Department desires to call to your attention for such informal use as may be made of it the fact that the Italian Government, which has heretofore found objection to entering into a treaty of naturalization with the United States, has made an arrangement whereby American citizens of Italian origin may return to Italy without fear of molestation by the military authorities, unless, at the time [Page 440] their military class is called for service, they have resided in Italy for more than two years. This arrangement is also applicable to naturalized American citizens of Italian origin regardless of the fact that they became subject to liability for punishment for failure to carry out their military obligations at a time when Italy was at war. The attention of the Greek authorities might also be called informally to the provisions of Article 1 of the Protocol relating to military obligations in certain cases of double nationality adopted by the Conference for the Codification of International Law, held at The Hague in 1930.53 This Article has been signed by a number of the countries which were represented at the Conference, including the United States and Greece, and reads as follows:
“A person possessing two or more nationalities who habitually resides in one of the countries whose nationality he possesses, and who is in fact most closely connected with that country, shall be exempt from all military obligations in the other country or countries.
“This exemption may involve the loss of the nationality of the other country or countries.”
It will be observed that the Article just quoted closely resembles the Joint Resolution of Congress of May 28, 1928,54 quoted in the Department’s Instruction No. 210 of December 1, 1928.55 Both recognize the principle that, when a person has the nationality of two countries under their laws and maintains his habitual residence in one of them, he shall not be required to perform military service in the other.
While the Department has in its files considerable information concerning the policy of the Greek Government with respect to requiring military service of American citizens of Greek origin, such information has been received piecemeal and in considering a case involving an American citizen of Greek origin the Department is not always certain of the Greek policy at the time.
While the Department has been advised that the Greek Government recognizes a change of nationality on the part of a former Greek if the change was made before January 15, 1914, it has not been advised whether such recognition is restricted to persons who were naturalized upon their own petitions or whether it applies to one who acquired American citizenship while a minor through the naturalization of his father. The Department, therefore, desires that you ascertain and advise it of the status under Greek law of a [Page 441] person who is naturalized in the manner indicated prior to January 15, 1914.
The Department desires that, bearing in mind the above observations, you discuss with an appropriate official of the Greek Government the status and military obligations in Greece of naturalized citizens of the United States of Greek origin and persons born in the United States of Greek parents, with particular regard to the conditions under which they will be permitted to visit Greece without molestation, and that, as a result of such conversation, you furnish the Department with a definite and complete written statement, approved by the Greek Government, which may be used by the Department in informing interested persons.
There is enclosed for such use as you may wish to make of it, a circular entitled “Notice to Bearers of Passports”.56 Particular attention is called to paragraph 44, relating to the attitude of the Italian Government with respect to American citizens of Italian origin who place themselves within the jurisdiction of Italy.
Very truly yours,
- Not printed.↩
- Department of State, Press Releases, February 13, 1932, p. 155.↩
- Protocol signed April 12, 1930, Foreign Relations, 1930, vol. i, p. 224.↩
- See instruction No. 167, December 1, 1928, to the Ambassador in Belgium, ibid., 1928, vol. i, p. 497.↩
- See ibid., p. 499, footnote 53.↩
- Not reprinted.↩