711.544/19
The Secretary of State to the Minister in Switzerland (Wilson)
Sir: Reference is made to the Legation’s despatch No. 4004 of August 7, 1935, transmitting a copy and translation of a note dated August 6, 1935, from the Federal Political Department, together with a copy and translation of its enclosure, namely a draft of a proposed convention relative to the military obligations of certain persons having dual nationality which the Swiss Government proposes to take the place of the draft naturalization treaty previously proposed by the United States.
It is noted that Mr. Pierre Bonna of the Federal Political Department has informed you that it is the considered opinion of the Swiss Government that it does not have the constitutional authority to deprive Swiss citizens of their nationality, even though they have become naturalized citizens of another country, merely by the conclusion of an international treaty and that the only way in which such individuals could lose their Swiss nationality would be to renounce it in accordance with the existing Swiss law. Although the Department would much prefer a naturalization treaty along the lines of the one proposed by it, it appears from the position thus taken by the Swiss Government that the completion of such a treaty is impossible.
The draft convention proposed by the Swiss Government is quite similar to a number of treaties recently negotiated by this Government relating to dual nationality and exemption from the obligation of military service and other acts of allegiance. It is desired that you propose to the Swiss Government the completion of a treaty along the lines proposed with the modifications hereafter stated.
In order to bring the proposed treaty into conformity with similar treaties already completed, you are requested to propose the following article as an alternative to Article I of the Swiss draft: [Page 790]
“A person possessing the nationality of both of the high contracting parties who habitually resides in the territory of one of them and who is in fact most closely connected with that party shall not be held liable for military service, for payment of taxes in lieu thereof, or for other acts-of allegiance in the territory of the other party.”
You may point out to the Federal Political Department that this article is in substance similar to the article proposed by it, and that this counter draft is proposed primarily for the sake of securing uniformity in the treaties negotiated by the United States upon this subject. You may also invite the attention of the Foreign Office to the fact that the article as proposed is substantially similar to the provisions contained in the treaties concluded by this Government with Sweden and Norway, and to Article IV of the naturalization treaty of April 5, 1932, with Albania. For your information two copies of the treaties of November 1, 1930, with Norway,43 of January 31, 1933, with Sweden,44 and of April 5, 1932, with Albania,45 are enclosed. There is also enclosed a copy of Treaty Information Bulletin No. 15, December 1930, containing the text of the Protocol Relating to Military Obligations in Certain Cases of Double Nationality. You may also point out to the Foreign Office that the article proposed is substantially similar to the first paragraph of Article I of the Protocol just mentioned, except for the addition of the phrase “or other acts of allegiance”.
For your information, it may be observed that the proposed treaty relates merely to the exemption in certain circumstances of persons possessing Swiss and American nationality from the obligation of performing military service, of paying taxes in lieu thereof, or of performing other acts of allegiance when temporarily in the territory of the party in whose territory they do not habitually reside.
It would thus be applicable to certain cases of persons who, having been born in the United States of Swiss parents or in Switzerland of American parents, and having acquired at birth the nationality of both countries, visit one of them temporarily while maintaining a permanent residence in the other, It does not imply an admission by this Government that persons of Swiss origin who are naturalized in the United States may properly be claimed by the Swiss authorities as Swiss citizens.46
Very truly yours,
- Foreign Relations, 1930, vol. iii, p. 711.↩
- Ibid., 1933, vol. ii, p. 758.↩
- Ibid., 1932, vol. ii, p. 115.↩
- The convention relative to military obligations of certain persons having dual nationality was signed at Bern, November 11, 1937 (Department of State Treaty Series No. 943).↩