711.744/32
The Minister in Bulgaria (Sterling) to the Secretary of
State
No. 13
Sofia, May 10, 1934.
[Received May
26.]
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,
[Enclosure 1]
The American
Legation to the Bulgarian
Ministry for Foreign Affairs
No. 288
Sofia, March 24, 1934.
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
Sofia, April 17, 1934.
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)
