48. France.—While the following
information is believed to be correct, persons born in France,
or born outside of France of French parents, should, before
visiting France, consider the desirability of inquiring of the
nearest French consular or diplomatic officer whether
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they will be immune
from molestation in France under the military service or other
laws of that country.
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 to which they may be
liable in that country.
Loss of French Nationality by
French Citizens Naturalized as Citizens of the United
States
. . . . . . . . . . . . . .
(b) Persons naturalized
as American citizens subsequent to August 10, 1927.
Article IX (1) of the French Nationality Law of August 10, 1927,
which is understood to be applicable to French citizens
naturalized as citizens of the United States subsequent to August 10, 1927, reads as follows:
“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.”
The following groups must be considered with reference to Article
IX (1) of the French Law quoted above.
. . . . . . . . . . . . . .
(4) It is understood that French citizens, naturalized as
citizens of the United States after November 12, 1938, who do
not lose French nationality under the provisions of Article IX
(1) of the French Law of August 10, 1927, may avail themselves
of the provisions of Article IX (3) of the French Law of August
10, 1927, as amended by the Decree of November 12, 1938, by
making an application for release from French nationality. This
provision for making application for release from French
nationality would appear to be additional to that contained in
the second paragraph of Article IX (1) of the French Law of
August 10, 1927. See below under Renunciation of French
Citizenship.
(c) Persons naturalized
through the naturalization of parents.
. . . . . . . . . . . . . .
(2) Subsequent to August 10, 1927. Under
Article IX (3) of the French nationality law of August 10, 1927
(infra) a French citizen who after
that date acquired a foreign nationality by operation of law and
without expressed will on his own part may be released from
French citizenship on authorization of the French Government.
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Under the
provisions of the French law just mentioned a French child who
is naturalized as a citizen of the United States through the
American naturalization of his father may request release from
his French citizenship. It is particularly to be noted that the
loss of French citizenship by the minor child as a result of his
father’s American naturalization is not automatic but is
contingent on the authorization of the French Government. It is
understood that the release from French allegiance, under
Article IX (3) may be refused if it is obvious that the
applicant’s only reason is to escape military service.
Article IX (3) of the French law of August 10, 1927 as amended by
the French decree of November 12, 1938 makes the provisions of
Article IX (3) applicable to a person who holds a foreign
nationality whether or not “without any expressed will on his
part”. It is not believed that the French decree of November 12,
1938 changes in any way the status under Article IX (3) of the
law of August 10, 1927, of a French child naturalized as a
citizen of the United States through the naturalization of his
father after November 12, 1938, inasmuch as such child, if
naturalized in accordance with the laws of the United States,
acquires American citizenship through his father’s
naturalization regardless of whether or not he expresses a will
to do so. See under Renunciation of French Citizenship (infra) for a quotation of the French
decree of November 12, 1938.
Renunciation of French
Citizenship
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.”
The Department has been informed that American citizens who are
also French citizens under French law 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. Persons in this group who have the
right to request release from French citizenship would include
the following classes of American citizens: Persons born in the
United States of French parents; persons born in France of an
American father who was born in France; persons born in France
of an American father and a French mother; persons born in
France who were naturalized as citizens of the United States
through the naturalization of their parents. It is understood
that in the above enumerated cases the persons concerned can be
released from French nationality only by
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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.
The French decree of November 12, 1938 amends Article IX (3) of
the French law of August 10, 1927 so as to read as follows:
“Article IX. Lose French nationality.
3. The Frenchman, even a minor, who, possessing a foreign
nationality, is authorized, upon his application, by the
French Government to retain it.”
It will be noted that the essential change made
by the law of November 12, 1938, consists of the omission
therefrom of the words “without any expressed will on his part”
which appear in the 1927 law. The effect of this change would
appear to be that, in addition to the categories of persons
mentioned in the preceding paragraph who may request release
from French nationality, it would also be possible for Frenchmen
who are naturalized in their own right after November 12, 1938
to request such release.
It is understood that the release from French nationality under
Article IX (3) of the law of August 10, 1927, whether before or
after its amendment by the decree of November 12, 1938, may not
be demanded as a right but may be granted as a favor and that
the release may be refused if it is obvious that the applicant’s
only reason is to escape military service.
. . . . . . . . . . . . . .
