136/913

The Secretary of State to the Ambassador in Italy (Long)

No. 264

Sir: With reference to the Department’s instruction No. 255 of July 30, 1934, discussing in detail the matter of the reacquisition of Italian nationality under the provisions of the Italian Nationality [Page 612]Law of June 13, 1912, the Department is of the opinion that the second paragraph on page 826 should be clarified by the addition of the following: “or that, prior to the lapse of the two year period, he had expressly repudiated such act”. The Department believes that if the evidence in a particular case should show that a naturalized American citizen of Italian origin who had applied for and accepted an Italian passport or identity card describing him as an Italian national, voted in the general elections in Italy, or joined the Italian National Fascist Party, had in some way repudiated his action before the lapse of the two year period referred to in Article 9 (3) of the Italian Law of 1912, it could hardly be held that his prior action had the effect of indicating that he intended to accept Italian nationality. In other words, an overt act accepting Italian nationality conferred under Article 9 (3) of the Italian Law must be performed after that law has operated upon the individual. Of course, if such a person should, after the lapse of the two year period, continue to hold himself out as an Italian national, such action, when coupled with his prior act, could properly be considered as indicating a voluntary acceptance of Italian nationality conferred upon him under the provision of the Italian Law under discussion. For example, if such a person should accept an Italian identity card describing him as an Italian citizen before the lapse of the two year period and should after the lapse thereof continue to use it or otherwise hold himself out as an Italian national, such action should ordinarily be regarded as an overt act confirming the naturalization acquired under Article 9 (3) of the Italian Law.

Very truly yours,

For the Secretary of State:
R. Walton Moore
  1. Paragraph beginning, “The Department desires to point out,” p. 610.