The Department understands that the decree of October 30, 1935,
applies to persons who reach the French military service age after
the effective date of the decree, that is, October 31, 1935, but not
to persons who reached the military service age before that date. It
would appear that the latter persons, unless for some reason they
should be specially exempted from military service, would become
liable for such service automatically, regardless of the place of
their residence. In
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other
words, it is the Department’s understanding that the decree does not
apply to persons who by reason of not having complied with French
military service obligations had become delinquent prior to October
31, 1935. You will notice that this interpretation of the decree is
set forth in the last paragraph of the enclosure.
The Department requests that you examine the revised Paragraph 48 and
state whether in your opinion it is correct.
[Enclosure]
Revised Paragraph No. 48 of “Notice to
Bearers of Passports”
48.France.—The Department of State has
been advised by the French Government that American citizens of
French origin who visit France, and who under the laws of that
country are regarded as French citizens, have the following
status with regard to a possible change of their nationality and
with regard to their military obligations in France:
A. Recognition by the French
Government of the Naturalization Abroad of a
Frenchman
Article IX (1) of the French nationality law of August 10, 1927,
reads:
“French nationality is lost by: A Frenchman who is
naturalized abroad or who, on his own request, acquires
a foreign nationality by operation of the law after he
is 21 years old.
“However, until 10 years have gone by, counted from
either enlistment in the active Army or the entry on the
military liability list in case he is excused from
active service, he who has become a foreign subject does
not lose his French citizenship except under special
authorization by the French Government.”
Persons naturalized in their own right.—It
is understood that article IX (1) above quoted means that a
French citizen naturalized abroad before the expiration of the
10-year period, whether or not at the time in good standing with
the military authorities, will not automatically lose French
nationality as a result of the mere running of the 10-year
period and that such a person will not lose his French
citizenship until he is authorized by decree to do so. It is
also understood that if the French Government’s authorization is
not obtained within the 10-year period French nationality will
be retained indefinitely, if the naturalization occurred within
such period, and that the mere expiration of the 10-year period
will not in such cases end this irregular status.
However, with regard to French citizens naturalized in the United
States after the running of the 10-year
period mentioned in article
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IX (1), it is understood that if in good
standing with the French military authorities, they
automatically lose French citizenship under French law as a
result of such naturalization. In such cases it is understood
that the 10-year period is considered as beginning to run from
the time of enlistment in the active army, or, in the cases
where the person concerned is excused from active service, from
the entry of his name on the military liability list. Loss of
French citizenship cannot take place after the 10-year period in
the case of a person who has failed to answer his call to the
colors. The French Government has stated that such a person is
not included in either of the two categories mentioned in
article IX (1) of the law; that, therefore, the 10-year period
does not begin to run for him so long as his delinquency
continues; and that while thus delinquent he cannot lose French
nationality until he is 53 years of age, at which time military
defaulters may return to France without encountering
difficulties. The French Government has also stated that the
10-year period in question does not begin to expire for a person
who may have been omitted from the recruiting lists (presumably
through error or fraud) until such omission has been rectified,
since neither induction in the army nor exemption from service
can take place as long as the omission lasts.
Persons naturalized through the naturalization
of a parent—It is understood that the status of a
person who has acquired American citizenship during his minority
as a result of the naturalization of his parents varies
accordingly as the naturalization of the parents has or has not
been authorized by the French Government. If the parents have
remained French citizens under French law, the child also
remains French. If, on the other hand, the French Government has
given its authorization to the renunciation of French
citizenship on the part of the parent, the minor child also
loses French citizenship provided such minor child is not
delinquent under the French military service laws. It is assumed
that if the parents were naturalized as citizens of the United
States after the 10-year period and automatically lost French
nationality, as stated above, and if their minor children who
acquire American citizenship through the naturalization of their
parents are not delinquent under the French military service
law, such children would also lose that nationality.
B. Renunciation of French
Citizenship by Persons Born in the United States of French
Parents
Article IX (3) of the French nationality law of August 10, 1927,
reads:
“French nationality is lost by: Any Frenchman, even
though he be under age, who holding, by operation of the
law and without any expressed will on his part, a
foreign nationality, is authorized, on his request, by
the French Government to maintain it.”
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The Department has been informed that persons born in the United
States of French parents who wish to retain their American
citizenship and renounce their French citizenship under the
provisions of article IX (3) of the French nationality law of
August 10, 1927, may do so by addressing a petition to the
French Ministry of Justice. It is understood that in such a case
the person concerned can be released from French nationality
only by means of a decree. It appears that under article IX (3),
above quoted, such persons need not have reached their majority.
Inquiry should be made at a French consulate as to the procedure
which should be followed in making the petition. It is
understood that the appropriate application may be made (1) by
the interested person himself if he is over 21 years of age; (2)
by the person concerned, with the permission of his legal
representative, if he is less than 21 years old and over 16; or
(3) by the legal representative of the interested minor in the
latter’s name if he is less than 16.
C. Documentation of American
Citizens Who Are Liable to Military Service in
France
The Department understands that under article 99 of the French
recruitment law of March 31, 1928, persons born in the United
States of French parents will in time of peace be permitted by
the French Government to pay a visit to France without being
compelled to perform military service there, provided they carry
certificates stating that military service is not obligatory in
the United States. Such certificates may be obtained from the
French Embassy in Washington, D. C, and French consulates in the
United States, and also from the American Embassy in Paris and
American consulates in France.
Safe conducts.—The Department understands
that safe conducts will be issued only to French military
delinquents domiciled in the United States who have a dual
nationality, independently of their volition, provided the
offense of delinquency with which they are charged was committed
before January 1, 1927, and provided that they have not been
sentenced by default by a French military tribunal.
Consequently, safe conducts cannot be issued to the following
classes: (1) men declared delinquent after December 31, 1926;
(2) men delinquent before January 1, 1927, who have not acquired
abroad a dual nationality independently of their volition; or
(3) men delinquent before January 1, 1927, who, having acquired
a dual nationality independently of their volition, have been
sentenced by default by a French military tribunal. The French
Foreign Office has stated that it is disposed to give a very
liberal interpretation to the phrase “independently of their
volition” in the cases of children naturalized through the
naturalization of their parents, but that the circumstances in
each case will be taken into consideration in reaching a
decision.
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No safe
conduct can, however, be granted to such persons whose
delinquency arose after December 31, 1926. Persons coming within
the categories to whom safe conducts may be issued should,
before proceeding to France, apply for such a document at a
French Consulate in the United States or the French Embassy in
Washington, D. C. Safe conducts are generally valid for a period
of three or four months. The period mentioned in the safe
conduct should be scrupulously observed and the bearer should
refrain from performing any act which may be considered as an
express or implied waiver of the rights and advantages granted
by the safe conduct.
American citizens of French origin visiting France should
understand that a French visa of their passport does not relieve
them from any military or other obligations in the country to
which they may be liable. The visa cannot be regarded as a safe
conduct. Safe conducts are always separate documents.
D. Exemption of American
Citizens of French Origin From Military Obligations in
France Under the Decree Law of October 30, 1935
Under the French decree law of October 30, 1935, which became
effective October 31, 1935, the date of its promulgation, those
French citizens who proceeded for residence to countries outside
of Europe and not bordering on the Mediterranean, before the
commencement of the formalities incident to the calling of their
class to the colors, are exempt from military service, provided
there is no French military unit sufficiently near to the place
of residence into which such persons can be incorporated. It is
understood that the United States is one of the areas in which
the exemption is effective. However, if before reaching the age
of 30 years, the persons concerned should, by reason of change
of residence, no longer be in a position to take advantage of
this exemption, they are bound to perform the period of active
service due by their recruiting class. It is understood that
persons entitled to exemption from military service under the
provisions of the decree law of October 30, 1935, may be
authorized to visit France for a period of three months each
year, which period is cumulative but ordinarily will not be
permitted to exceed one year. American citizens who may be
entitled to the privilege of visits to France without fear of
molestation under the decree law of October 30, 1935, should
before departure for that country request the French consul to
whom they apply for a visa to furnish them with a written
statement of their exemption from military service and of the
period for which they may safely visit France.
It is the understanding of the Department that the benefits of
the decree of October 30, 1935, do not apply to persons who had
attained French military service age and become delinquent prior
to October 31, 1935, but that its provisions do apply to persons
attaining French military service age after that date.
