Foreign Relations of the United States Diplomatic Papers, 1938, The British Commonwealth, Europe, Near East, and Africa, Volume II

711.624/21

The Secretary of State to the Ambassador in Germany (Dodd)

No. 780

Washington, April 19, 1937.

Sir: With reference to previous communications between the Embassy and the Department on the general subject of nationality and military obligations, the Department encloses herewith a draft of a treaty on this subject between the United States and Germany, for presentation to the German Foreign Office at such time as you may deem appropriate.

The draft covers two closely related subjects. The first relates to the recognition of change of nationality by naturalization, exemption from military obligations accruing after emigration, and the abandonment of naturalization by returning to the State of origin without the intent to return to the State of naturalization. The second subject relates to the exemption from military obligations of certain classes of persons born with dual nationality.

The principal articles in the draft, that is, Articles I, II and III, relating to naturalized citizens, are substantially similar to corresponding articles in the naturalization treaties concluded between the United States and German States about 1868, and especially to articles in the convention between the United States and the North German Confederation, signed February 22, 1868.³⁵

It would seem that the proposal to reestablish the broad principle of the convention of 1868 would readily meet with favor with the German Government. The commitment at present in force between the United States and Germany is entirely unilateral in favor of the United States. You will recall that under the treaty between the United States and Germany restoring friendly relations signed August 25, 1921,³⁶ the United States has and enjoys the rights and advantages stipulated in Article 278 of the treaty of Versailles,³⁷ which reads as follows:

“Germany undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin.”

In the event that the enclosed draft treaty is signed and enters into force it will, of course, practically supersede the quoted article. This Government as at present advised is not averse to including in the new treaty an article stating that Article 278 of the Treaty of Versailles is superseded, insofar as the latter relates to persons naturalized in the United States. It would be glad to be advised of your views on that question.

Special mention should be made of the provisions of Article III of the draft, under which a person from either State who obtains naturalization in the other and subsequently resumes residence of a permanent character in his State of origin is presumed to have renounced his naturalization. This Government has no desire to recognize as American nationals, or to extend protection to aliens naturalized in the United States when they have returned to their former State for permanent residence, although the question whether they reacquire nationality of that State depends upon its laws. It of course enters into the same agreement with respect to Americans who have become nationals of foreign countries. This principle is a policy of this Government in its naturalization treaties with every country.

The second subject, namely, the exemption from military obligations in either State of certain classes of persons possessing dual nationality and residing habitually in the other State represents a policy which this Government has followed for many years and the recognition of which by other countries it has constantly sought. The terms of Article IV are similar to the convention between the United States and Sweden, signed January 31, 1933,³⁸ a copy of which is enclosed.

Very truly yours,

For the Secretary of State:

R. Walton Moore

[Enclosure]

Treaty Between the United States of America and Germany Relating to Nationality and Military Obligations^*

The United States of America and the German Reich being desirous of reaching an agreement concerning the status of nationals of either State who have acquired or may hereafter acquire the nationality of the other State by naturalization and also being desirous of regulating the liability for military obligations or any other act of allegiance of certain classes of persons having the nationality of both States under their respective laws, have resolved to conclude a treaty on these subjects and for that purpose have appointed their Plenipotentiaries, that is to say:

The President of the United States of America:

. . . . . . .;

and

The Chancellor of the German Reich:

. . . . . . .

Who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following articles:

Article I

Nationals of the United States of America who have been or shall become naturalized in German territory, shall be held by the United States of America to have lost their former nationality and to be nationals of Germany.

Reciprocally, nationals of Germany who have been or shall become naturalized in territory of the United States of America shall be held by Germany to have lost their former nationality and to be nationals of the United States of America.

The foregoing provisions of this Article are subject to any law of either State providing that its nationals do not lose their nationality by becoming naturalized in another State in time of war.

Article II

Nationals of either Contracting State who have been or shall become naturalized in the territory of the other State, as contemplated in Article I, shall not, upon returning to the State of former nationality, be punishable for the original act of emigration, or for failure, prior to naturalization, to respond to calls for military service therein accruing after bona fide residence was acquired in the territory of the State whose nationality was obtained by naturalization.

Article III

If a national of either Contracting State, who comes within the purview of Article I, shall renew his residence in the State of which he was formerly a national without the intent to return to the State in which he was naturalized, he shall be held to have renounced his naturalization.

The intent not to return may be held to exist when a person naturalized in either of the Contracting States shall have resided more than two years in the other State; but his presumption may be overcome by evidence to the contrary.

Article IV

A person possessing the nationality of both of the Contracting States who habitually resides in the territory of one of them and who is in fact most closely connected with that State shall be exempt from all military obligations in the territory of the other State.

Article V

The word “national”, as used in this treaty means a person owing permanent allegiance to, or having the nationality of, the United States of America or Germany, respectively, under the laws thereof.

The word “naturalized”, refers only to the naturalization of persons over twenty-one years of age upon their own applications, and to the naturalization of persons under twenty-one years of age through the naturalization of a parent. “Naturalization” does not apply to the acquisition of nationality by a woman through marriage. Minor children of persons naturalized in either Contracting State shall not acquire the nationality of the State in which the parent was naturalized until they shall have established their habitual residence in that State.

Article VI

The present treaty shall be ratified and the ratifications thereof shall be exchanged at . . . . . . . It shall take effect on the day of the exchange of ratifications and shall continue in force for the term of ten years from that day.

If within one year before the expiration of ten years from the day on which the present treaty shall come into force, neither High Contracting Party notifies the other of an intention of terminating the treaty upon the expiration of the aforesaid period of ten years, the treaty shall remain in full force and effect after the aforesaid period and until one year from such a time as either of the High Contracting Parties shall have notified to the other an intention of terminating the treaty.

In witness whereof, the respective Plenipotentiaries have signed the present treaty and have affixed their seals hereto.

Done in duplicate, in the English and German languages, both authentic, at . . . . . . ., this . . . . . day of . . . . . , 1937.

35. William M. Malloy (ed.), Treaties, Conventions, etc., Between the United States of America and Other Powers, 1776–1909 (Washington, Government Printing Office, 1910), vol. ii, p. 1298.
36. Foreign Relations, 1921, vol. ii, p. 29.
37. Foreign Relations, The Paris Peace Conference, 1919, vol. xiii, pp. 55, 563.
38. Foreign Relations, 1933, vol. ii, p. 763.
39. This title is for purposes of reference only and is not to appear in the final text. [Footnote in the original.]