811.2222 (1940)/38

The Secretary of State to the Spanish Ambassador (Cárdenas)

Excellency: Reference is made to your note of October 14, 1940 in which you refer to the provisions of Article 5 of the Treaty of Friendship and General Relations between the United States and Spain and state that in the instructions issued with reference to the [Page 561] registration of persons required by the Selective Training and Service Act of 1940 no exception has been made for the benefit of citizens of countries which, like Spain, have signed treaties exempting their citizens from military service in the United States.

Although Section 2 of the Selective Training and Service Act of 1940 requires the registration of all male aliens between the ages of twenty-one and thirty-six residing in the United States, except as otherwise provided in the Act, only such aliens as have declared their intention to become American citizens are liable for training and service in the land or naval forces of the United States as will be apparent from the provisions of Section 3 (a) of the Act. Furthermore, the Department has been advised by the appropriate department of the Government that any national of another country who has expressed his intention of becoming a citizen of the United States but who objects to military service under the Selective Training and Service Act can escape such service by denouncing his intention to become a citizen. He will, of course, by reason of such denunciation forfeit any rights which may have accrued to him through his declaration of intention to become a citizen.

Accept [etc.]

For the Secretary of State:
R. Walton Moore