711.544/16
The Chargé in Switzerland ( Hawks ) to the Secretary of State
[Received July 6.]
Sir: I have the honor to refer to the Legation’s telegram No. 28 of June 25, 4 p.m. 1935 and to previous correspondence concerning the proposed convention of naturalization between the United States and Switzerland.
In reply to the Legation’s note No. 644 of June 19, 1935, sent in compliance with the Department’s instruction No. 3004 of May 29, 1935, the Federal Political Department stated in its note No. B.13.5.7. of June 24, 1935, a copy and translation of which are enclosed herewith,42 that the draft convention submitted by the United States had been examined by the interested Federal Departments and that a number of serious difficulties had been brought out thereby but that it may be expected that a decision will be taken in the near future.
[Page 786]I also discussed this question on two occasions with Mr. Pierre Bonna who is handling this matter in the Federal Political Department and was informed by him that when this subject was first taken up iii 1931 certain difficulties were encountered when it was submitted to the Federal Department of Customs and Finance, the Military Department, and the Department of Justice and Police for their opinions. It is the opinion of the Federal Department of Justice and Police that Article 44 of the Constitution does not give to the Swiss Government the authority to enter into an international convention which under certain circumstances will deprive Swiss citizens of their nationality. He said that there is a project which will be voted upon in referendum on September 8, 1935 providing for a general revision of the Constitution and that while it is most likely that this project will be passed, it is improbable that any great changes will be made in the Constitution due to the conflicting interests here in Switzerland. Therefore the present intention of the Federal Political Department is to draw up a counter-proposal which, while not taking away from Swiss citizens their nationality upon their being naturalized in a foreign country, will nevertheless contain some provision by which the law with regard to military service will not be applicable to them, since this would appear to be the basic idea of the proposed convention.
I stressed the desire of the Department to arrive at a satisfactory conclusion of this question as soon as possible and Mr. Bonna promised to expedite it.
Respectfully yours,
- Not printed.↩