360h.117/100
The Acting Secretary of
State to the Minister in Yugoslavia (Wilson)
No. 181
Washington, December 17, 1936.
Sir: The Department has received the Legation’s
despatch No. 605 of October 17, 1936,27 enclosing a translation of an addition to paragraph
[Page 836]
55–a of the Yugoslav Law
of September 6, 1929, for the Organization of the Army and Navy, as
amended by the Law of October 28, 1931. In the light of the despatch
mentioned and of previous despatches from your office, paragraph 63, for
incorporation in the new Notice to Bearers of
Passports, which was originally submitted to you on July 6,
1936 (File No. 360H.117 Rigler, Frank/9[10]),28 has
been further revised and a copy thereof is enclosed, together with two
copies of the pamphlet mentioned, with the request that you state
whether the proposed new paragraph is concurred in by you.29
Very truly yours,
For the Acting Secretary of State:
Wilbur J. Carr
[Enclosure]
New Paragraph Proposed for Incorporation in
Pamphlet Entitled “Notice to Bearers of Passports”
63. Yugoslavia.—The laws of Yugoslavia are understood to require
compulsory military service on the part of male Yugoslav subjects
and to prescribe that Yugoslav nationals cannot relinquish their
citizenship without the consent of the Yugoslav Government.
Under Article 45 of the Yugoslav Law of September 6, 1929, concerning
the Organization of the Army and Navy, as amended by Article 28 of
the Yugoslav Law of October 28, 1931, it is understood that persons
born in Yugoslavia who departed from the Kingdom five years or more
prior to recruitment, and have been naturalized as citizens of the
United States in their own right or through their parents, and who
have passed the age of 25 years, and have not been released from
Yugoslav citizenship, will be permitted to visit Yugoslavia every
three years for a period not exceeding six months without being
compelled to perform military service in Yugoslavia, if they have
regularized their status as provided in Article 45. That Article is
understood to provide that such persons may report to a Yugoslav
diplomatic or consular officer in the United States when the
military obligation falls due, or not later than the attainment of
25 years of age, and settle their obligations. Naturalized American
citizens of Yugoslav origin are urgently advised before beginning
their journey to Yugoslavia to endeavor to regularize their status
under Yugoslav law and for that purpose to submit to the nearest
Yugoslav diplomatic or consular officer in this country the
following information: their own name and surname of their father;
birthplace, communal
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domicile and military district to which they belong; day, month and
year of birth; date of departure from Yugoslavia; date of
naturalization in the United States; and exact address in this
country. They should be careful to request the diplomatic or
consular officer to advise them in writing as to their status under
Article 45 of the law and whether they may visit Yugoslavia for the
six months’ period without danger of molestation.
It is also understood that under Article 31 of the Yugoslav
Nationality Law of September 21, 1928, subjects of the Kingdom born
in a foreign country and permanently residing there have the right
to declare within three years after they have reached the age of
twenty-one years that they decline nationality of the Kingdom if
they prove that the foreign country in which they were born
considers them as its citizens in accordance with its laws. Persons
born in the United States of Yugoslav parents may make such
declaration of renunciation of Yugoslav nationality before a
Yugoslav diplomatic or consular officer in the United States. After
thus divesting themselves of Yugoslav nationality, such persons
would not, of course, be subject to military liabilities in
Yugoslavia, but are subject thereto until released from Yugoslav
nationality. It is understood that persons in this category who have
not made such declaration of renunciation of Yugoslav nationality
will, nevertheless, under the provisions of Article 45 of the
Yugoslav law of September 6, 1929, as amended by Article 28 of the
Law of October 28, 1931, be permitted to visit that country every
three years for a period not exceeding six months without being
compelled to perform military service in Yugoslavia if they have
passed the age of twenty-five years and if before reaching that age
they have regularized their status as provided in Article 45; but
before leaving the United States they should be careful to present
their cases to a Yugoslav diplomatic or consular officer in this
country and to obtain from him a statement in writing as to their
status under Article 45 of the Yugoslav law and whether they may
reside in Yugoslavia for six months without danger of
molestation.
Persons of the categories indicated above are advised to begin the
regularization of their status under Article 45 or to take steps
toward renunciation of Yugoslav nationality under Article 31 well in
advance of their departure for Yugoslavia so that the competent
Yugoslav diplomatic or consular officials may communicate, if the
circumstances so require, with the authorities in Yugoslavia.
