The Secretary of State to the Minuter in Finland (Brodie)

No. 95

Sir: The Department acknowledges the receipt of your despatches of April 5, 6 and 27, 1932,1 relating to the negotiations of a treaty of naturalization and military service between the United States and Finland. It is noted in your despatch of April 6, 1932, that the first two paragraphs of Article I of the draft treaty2 as submitted by the Legation on January 4, 1929, are not acceptable to the Finnish Government.

For your information in connection with further discussions of the matter with the Finnish Government, there is herewith enclosed a draft treaty relating to military service and other acts of allegiance which the Department would be prepared to conclude if the Finnish Government definitely refuses to accept the provisions of Article I of the original draft.

With reference to the suggestion made in your despatch of April 27, 1932 that full powers be issued, you are informed that it is customary for the Department to issue full powers for the signature of a treaty only after the terms have been agreed upon.

Very truly yours,

For the Secretary of State:
James Grafton Rogers

[Convention Between the United States of America and Finland Relating to Military Service and Other Acts of Allegiance]*

The President of the United States of America and the President of the Republic of Finland, being desirous of regulating the liability for military service and other acts of allegiance of persons who are nationals [Page 146]of both countries, under their respective laws, have decided to conclude a convention for that purpose, and have appointed as their Plenipotentiaries:

The President of the United States of America: . . . . . . . . . . . . . . . . . . . . and the President of the Republic of Finland: . . . . . . . . . . . . . . . . . . . .

Who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following articles:

Article I

A person born in either the United States of America or Finland of parents who are nationals of the other country, and having the nationality of both countries under their respective laws, shall not, if he has his habitual residence, that is, the place of his general abode, in one of the countries be held liable for military service or any other act of allegiance during a temporary stay in the other country.

Article II

Nationals of either country who have been or shall become naturalized in the other country, shall not, upon returning to the country of former nationality, be held liable for the performance of military service in the armed forces of such country; nor shall they be punished for the original act of emigration, or for failure, prior to naturalization, to respond to calls for military service accruing after bona fide residence was acquired in the country of naturalization.

Article III

If a national of either country, who has been or shall have become naturalized in the territory of the other country, shall renew his residence in the country of his former nationality without the intent to return to the country of his naturalization, he shall be held to have abandoned his naturalization.

Provided that, if the stay in the country of former nationality is protracted beyond the period of two years it shall be presumed to be permanent in the absence of sufficient evidence to the contrary.

Article IV

The present convention shall be ratified. It shall come into force on the day of the exchange of ratifications, and shall continue in force for ten years. If six months before the termination of the said ten years, neither Contracting Party shall have given to the other Party notice of an intention to terminate the convention, it shall remain in force until [Page 147]the end of twelve months after either of the parties shall have given to the other party notice of such intention.

In Witness Whereof, the respective Plenipotentiaries have signed this convention and have hereunto affixed their seals.

Done in duplicate in the English and Finnish languages which are equally authentic, at Helsingfors, this . . . . day of . . . . . . .

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  1. None printed.
  2. See “Draft Treaty of Naturalization between the United States and Estonia” and footnote 60, Foreign Relations, 1928, vol. i, p. 503.
  3. This title is for purposes of reference during the negotiations and is not to appear in the final draft. [Footnote in the original; brackets around the title also appear in the original.]