711.744/32

The Minister in Bulgaria (Sterling) to the Secretary of State

No. 13

Sir: I have the honor to forward herewith a copy of the Legation’s note verbale No. 288 of March 24, 1934, to the Bulgarian Ministry for Foreign Affairs concerning the desire of the Government of the United States to reach agreements with the Bulgarian Government on certain aspects of the problem of dual nationality, i. e., the question of an agreement on military service and other acts of allegiance in the case of dual nationality, and the question of broader agreement covering dual nationality. There is also enclosed a copy (with a translation), of the Ministry’s reply, No. 7101–1–III dated April 17, 1934, from which it would appear that the Bulgarian Government will take no action on this matter at the present time.

In connection with this case, reference is made to the Department’s instructions Nos. 276 of December 1928, 278 of January 9, 1929, 26 of December 6, 1930, 29 of January 20, 1931, and to the Legation’s despatches Nos. 1337 of October 28 [19], 1928, 1621 of March 22, 1930, 1622 of March 24, 1930,120 of October 2, 1930 and 137 of October 21, 1930.3

Respectfully yours,

F. A. Sterling
[Enclosure 1]

The American Legation to the Bulgarian Ministry for Foreign Affairs

No. 288

The Legation of the United States of America presents its compliments to the Royal Bulgarian Ministry for Foreign Affairs, and has [Page 103] the honor to inquire of the Ministry as to the present position of the Bulgarian Government with reference to the desire of the Government of the United States to reach agreements with the Bulgarian Government on certain aspects of the problem of dual nationality. For the convenience of the Ministry there is given below a résumé of the correspondence which has already been exchanged between the two Governments on the subject.

By note No. 756, of January 8, 1929,4 Mr. Kodding, the then Chargé d’Affaires ad interim of the United States in Sofia, informed the Royal Bulgarian Minister of Foreign Affairs of the desire of the United States Government to conclude a treaty with Bulgaria which would have as its principal article the following:

“A person born in the territory of one party, of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.”

On the same day, by note No. 757,4 the Chargé d’Affaires ad interim inquired of the Minister of Foreign Affairs whether the Bulgarian Government would also be willing to consider the adoption of a broader agreement covering dual nationality. This broader agreement would have in view the termination of one nationality or the other in case of dual nationality arising at birth, upon attainment by the person concerned of a prescribed age. A suggestion in this connection was that the nationality, after the attainment of majority, of a person born with dual nationality should be determined by the domicile of such person at the time when he reaches majority, or upon the termination of the period of one year thereafter.

By note verbale No. 6396–40–III, of April 11, 1929, the Ministry replied requesting the text of the law on nationality of the United States, the pertinent paragraphs of which were communicated to the Ministry with the Legation’s note No. 776, of May 13, 1929, in which it was stated that the question of dual nationality would shortly come before the United States Congress in connection with a proposed amendment of the nationality laws of the United States.

On August 23, 1930, by note No. 14464–1–III, the Ministry replied that acceptance by the Bulgarian Government of the proposal to conclude an arrangement by the terms of which persons simultaneously [Page 104] possessing Bulgarian and American nationality would be freed from military service and other acts of allegiance in Bulgaria, would imply a profound modification of certain essential provisions of the laws of the country, and in consequence the Bulgarian Government considered a new study of the question indispensable, and to this end desired to know whether any such agreement had been concluded by the Government of the United States with any European state. In the same note it was stated that the Ministry saw no obstacle to engaging in conversations on the second proposal of the Government of the United States, for the conclusion of a wider agreement covering dual nationality, and inquired whether the Congress of the United States had yet adopted new legislation on the question of dual nationality.

At the beginning of 1931 the Ministry was verbally informed by the Legation that a convention dealing with military service and other acts of allegiance in cases of dual nationality between the United States and Norway, of which a copy is attached, was signed at Oslo, November 1, 1930.6 At the same time the Ministry was verbally informed that the Congress of the United States had not yet adopted new legislation on the question of dual nationality. Subsequent verbal inquiries at the Ministry elicited the information that the new study of the first proposal of the Government of the United States, which study was foreseen in the Ministry’s note verbale No. 14464–1–III, of August 23, 1930, would be undertaken in due course, after which further discussions on the subject would be entered into with the Legation. Since then, according to the Legation’s record, the two questions, i. e., the question of an agreement on military service and other acts of allegiance in the case of dual nationality, and the question of a broader agreement covering dual nationality, have remained in abeyance.

[Enclosure 2—Translation]

The Bulgarian Ministry for Foreign Affairs to the American Legation

No. 7101–1–III

In reply to the note verbale No. 228 [288] of March 24, 1934, the Ministry for Foreign Affairs and of Cults has the honor to bring to the attention of the Legation of the United States of America that it has carefully studied the project for an agreement covering dual nationality presented with the above mentioned note verbale. Unfortunately the Ministry is confronted with a difficulty which makes it impossible for Bulgaria to adhere to such an agreement. That is, the question of nationality is determined in Bulgaria by the “jussanguinis”, [Page 105] which means that, from the point of view of Bulgarian law and of the special law on Bulgarian nationality, it is impossible for an individual, born of Bulgarian parents and not having acquired any other nationality, to be considered as the subject of another country, even if he resides in that country from his birth to his death. In other words, Bulgarian law does not recognize dual nationality. This is not the case with the law in force in Norway, with which the United States has concluded the convention transmitted by the Legation to the Ministry. In Norway, the old Danish law is applied in the question of nationality. The Danish law is regulated by the “jus soli” which makes dual nationality possible.

Under the circumstances, the Ministry regrets that it cannot see its way clear to conclude an agreement on dual nationality with the United States, especially as, in its opinion, the Treaty of Naturalization signed with the latter7 sufficiently regulates this matter and makes it impossible for a Bulgarian subject, having legally acquired the North American nationality, to be considered as having retained his nationality of birth.8

(Seal of the Ministry)
  1. None printed except instruction No. 278 and despatch No. 1337; for texts of these two documents, see ibid., p. 444.
  2. Not found in Department files, but see instruction No. 167, December 1, 1928, to the Ambassador in Belgium, and footnote 51, Foreign Relations, 1928, vol. i, p. 497.
  3. Not found in Department files, but see instruction No. 167, December 1, 1928, to the Ambassador in Belgium, and footnote 51, Foreign Relations, 1928, vol. i, p. 497.
  4. Foreign Relations, 1930, vol. iii, p. 713.
  5. Signed November 23, 1923; Foreign Relations, 1923, vol. i, p. 464.
  6. The following notation by Mr. Richard W. Flournoy of the Office of the Legal Adviser appears on the file translation: “Apparently this means that the children born to Bulgarians after their naturalization in the U. S. will not be Bulgarians. But how about those born in the TJ. S. before such naturalization? RWF”.