360C.1121/5–146: Telegram
The Acting Secretary of State to the Ambassador in Poland (Lane)
592. In response to note of Polish FonOff in urtel 625, May 1, you are instructed to transmit to FonOff note reading in substance as follows:75
“My Govt has examined with particular interest the views expressed in Your Excellency’s note dated April 27, 1946 concerning the right of arrested persons claiming American citizenship to have officers of the AmEmbassy contact them personally to obtain directly from these persons the facts regarding their claim to American citizenship. My Govt has instructed me to state that it cannot accept the grounds upon which you undertake to justify failure to permit prompt access of American officers to such persons.
“With respect to Your Excellency’s statement that American legislation concerning citizenship is based on jus soli, while Polish legislation accepts jus sanguinis as basis for citizenship, I am directed to point out that, although under the provisions of Article 14 of the Amendments to the Constitution of the United States, ‘All persons born … in the United States and subject to the jurisdiction thereof, are citizens of the United States…,’ attention is also invited to the fact that the first session of the Congress of the United States provided by statute that children born abroad of American parents acquired American citizenship at birth. This statute was amended from time to time and the principle thereof is now incorporated in subsections c, d, and g of Section 201 and subsection b of Section 204, and Section 205 of the Nationality Act of 1940, which recognize the acquisition of American nationality at birth abroad. As a consequence it will be observed that American laws follow both of the principles mentioned in Your Excellency’s note.
“Your reference to the proposed convention concerning certain problems pertaining to citizenship laws which was signed by the representatives of some governments during the international conference held under the sponsorship of the League of Nations at The Hague in 1930, has been noted. This Govt. did not sign the proposed convention because it was deemed inadequate in certain respects. Therefore it is not in any way bound by the provisions thereof. It is believed that the conclusion stated in your note that the convention should be considered as a ‘definition of a binding customary international standard’ is not warranted, especially as it is understood that this document has not been formally ratified by many of the nations that signed it. The rejection of the proposed convention by this Government is a [Page 469] clear indication that, so far as it is concerned, the convention is not ‘a binding customary international standard’.
“The suggestion which you advanced that this convention affirms the right of every State to determine in its legislation who are its citizens and that this is an example of matters covered by paragraph 7, Article 2, of the United Nations Charter, which are subject to the internal authority of the State, has also been given careful consideration. In the opinion of my Govt. this does not permit the Polish Govt. alone to determine the nationality status of persons within its territory claiming American as well as Polish nationality. It is considered essential that the full facts in each case shall be available to officers of this Government when persons claiming its nationality are involved, since the legislation of the United States may entitle them to its citizenship and the protection that flows therefrom.
“With respect to personal interviews with persons claiming American citizenship who are suspected of wrongful acts, my Govt. considers that prompt access should be given officers of the US Govt. to all persons asserting claim to American nationality without prior effort on part of Polish authorities to determine for themselves whether the claim is justified, since my Govt. cannot permit any foreign govt. to decide whether a person born an American citizen has subsequently lost his citizenship. Eight of representatives of my Govt. to obtain full information re claim of American citizenship of the arrested person by contacting him directly is believed to be supported by the provisions of Article XX of Treaty of Friendship, Commerce and Consular Rights between the United States and Poland signed on June 15, 1931 and duly ratified by both govts.
“In this connection I wish to state that my Govt. reserves the right to determine whether service in Polish Army shall constitute basis for loss of United States citizenship, especially when it seems possible in cases of persons having the nationality of both countries and temporarily sojourning in or passing through Poland, that such service may have been the result of duress or coercion. Reference is made in this connection to note of Polish FonOff no. EIII.715/2/3 dated July (no day given) 1937, which reads (translation) in part as follows:
‘According to Section 5, Article 4 of the law of January 20, 1920 on Polish nationality, Polish citizenship is acquired by admission to Polish military service, if, however, particular reservations have not been made.
‘Admission to military service must be in accordance with existing laws for the acquisition of Polish citizenship to be legal, and the reservation that admission to military service is not equivalent to acquisition of Polish citizenship must not be made. This last action could be taken, regarding the people who entered the military service before Oct. 1, 1920, six months before the ordinance of June 7, 1920, went into effect, that is, before Jan. 1, 1921; and, in the case of people admitted later, the reservation could be written in the military document given at the time of joining.
‘Exemption from military service must not take place before Oct 1, 1920, that is, three months after the above mentioned ordinance went into effect.
‘According to the interpretation of the administrative authorities, Polish citizenship was acquired by virtue of Article 4, Section 5 of the Law of Jan 20, 1920, in cases where the man in question was admitted to military service under the provisional law of Oct 27, 1918, that is, before Nov 18, 1924, when the obligatory military service law of May 24, 1924 went into effect. From that time on foreigners serving in the Polish Army acquire Polish citizenship only by formal grant.
[Page 470]‘It must be further observed that, according to Article 3 of the ordinance of the National Defense Council of July 19, 1920, relating to the engagement of foreign volunteers, a foreigner does not acquire Polish nationality by the sole reason of the engagement.
‘Concerning those persons who have acquired American citizenship before Jan 31, 1920, by their birth in the US, they do not owe military service in Poland because of their status as foreigners. If it has been otherwise, it has most often happened through the negligence of those in question in not providing themselves in time with certificates proving their foreign citizenship. After the question of their citizenship has been cleared up, they are relieved of military duty and their names are removed from the military lists (journal of Laws No. 83,757–8404, and the following, of the orders to the law on military service of Aug 28, 1934).
‘Those who have been taken into the Polish army through lack of documents proving their foreign citizenship, before the 18th of Nov 1924, have not acquired Polish citizenship by the fact of their military service.
‘The Consulates of the United States of America are in a position to inform themselves through the competent administrative authorities of the powiat or of the voievedes, and finally through diplomatic channels, on the question of exemption from military service of American citizens who have been unjustly drafted.’
“In order to effect an early settlement of pending cases agreement is desired on the following subjects:76
“Prompt extension of permission to American nationals to travel to the American Embassy for the purpose of establishing American nationality.77
“Prompt extension to American nationals of permission to leave Polish territory after they have been appropriately documented as American nationals in all cases in winch no valid reason for their detention is or can be adduced by the Polish Govt.
“Reasonable facilities to American nationals in order that they may obtain transportation, necessary local documentation, et cetera.
“Equal status with Polish citizens for American nationals for passage on passenger vessels operating under Polish flag.
“Reasonable extension of the privilege of exit permits for use by alien wives and children of American nationals to enable them to come to the US.
“The US Gov attaches greatest importance to this matter and would appreciate early favorable reply from PolGov which would contribute greatly to the improvement of relations between our governments.”78
- As revised by Ambassador Lane with the approval of the Department, the following note was delivered to the Polish Acting Foreign Minister on August 6, 1946. Ambassador Lane’s proposed revisions were contained in telegram 1107, July 18, from Warsaw, and the Department’s approval was communicated in telegram 707, July 30, to Warsaw (360C.1121/7–1846 and 138 Poland/28a). The revisions are indicated in the two following footnotes. Prior to delivery of the note, Ambassador Lane reported that the Polish Government had already granted exit visas to 56 American nationals (360C.1121/8–646).↩
- As revised by Ambassador Lane, the note contained the following additional paragraph at this point: “Prompt access to be given officers of the United States Government to all arrested persons asserting claim to American nationality without prior effort on the part of the Polish Government to determine for themselves whether the claim is justified or not.”↩
- As revised by Ambassador Lane, this paragraph read as follows: “Prompt extension of permission to persons claiming American nationality to travel to the American Embassy for the purpose of establishing their American nationality.”↩
- In telegram 593, June 28, to Warsaw, the Department had transmitted explanatory comment which Ambassador Lane was authorized to use in connection with his delivery of the note. The comment read in part as follows: “Written correspondence between Govts deals with legal aspects this question. There are however aspects of equal or greater importance which neither PolGovt nor US Govt can afford overlook. US and Poland have been drawn together by immigration into US and settlement here persons of Polish birth who have made great contribution. Up to time outbreak recent war Am citizens Pol ancestry and Pol citizens traveled freely back and forth between two countries thus cementing these bonds, developing economic and cultural ties and producing especially for Poland important economic advantage in terms dollar remittances relatives and dependents in that country of persons living here as well as pensioners of this Govt settled Poland … Present attitude of PolGovt raises question whether PolGovt desires encourage and promote development such ties or will permit them atrophy and whether satisfactory solution such problems any longer possible. If, guided by purely legalistic considerations, PolGovt insists on adherence conventions and practices which have heretofore not entered into relationships between two countries PolGovt is making choice of great significance in determining trend future relationships between two Nations.” (360C.1121/5–146)↩