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Constitutional Provisions Relating to

Nationality

ARTICLE I

to estab

SECTION 8. The Congress shall have power lish a uniform rule of naturalization

ARTICLE XIV OF THE AMENDMENTS SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

(Proclaimed July 28, 1868.)

Treaties Relating to Nationality

ALASKA

[See Treaty under "Russia.")

ALBANIA

[Naturalization treaty signed at Tirana, April 5, 1932; ratification advised by the Senate, February 6, 1935; ratified by the President, March 13, 1935; ratified by Albania, April 12, 1935; ratifications exchanged at Tirana, July 22, 1935; proclaimed July 29, 1935. )

ARTICLE I

Nationals of the United States who have been or shall be naturalized in Albanian territory shall be held by the United States to have lost their former nationality and to be nationals of Albania.

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

The word "national", as used in this convention, means a person owing permanent allegiance to, or having the nationality of, the United States or Albania, respectively, under the laws thereof.

The word "naturalized”, as used in this convention, refers only to the naturalization of persons of full age, upon their own applications, and to the naturalization of minors, through the naturalization of their parents. It does not apply to the acquisition of nationality by a woman through marriage. Minor

Section 410 (p. 408) of the Nationality Act of 1940 provides as follows: "Nothing in this Act shall be applied in contravention of the provisions of any treaty or conven: tion to which tbe United States is a party upon the date of the approval of this Act.' (54 Stat. 1171 ;8 U. $. C. 810.)

children of persons naturalized in either country shall not acquire the nationality of that country until they shall have established their habitual residence there.

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

ARTICLE III If a national of either country, who comes within the purview of Article I, shall renew his residence in his country of origin without the intent to return to that 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 one country shall have resided more than two years in the other; but this presumption may be overcome by evidence to the contrary.

ARTICLE IV

A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party. (49 Stat. 3241; Treaty Series, No. 892; Trenwith, Treaties, IV, 3922.)

AMERICAN SAMOA
(See Treaty under "Germany.")

ARGENTINA
(See Multipartite Treaties at page 631.]

BELGIUM

[Naturalization convention signed at Brussels, November 16, 1868; rati. fication advised by the Senate, April 12, 1869; ratified by the President April 18, 1869; ratified by Belgium, May 30, 1869; ratifications exchanged at Brussels, July 10, 1869; proclaimed, July 30, 1869.)

ARTICLE I Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Belgium. Reciprocally, Belgians who may or who shall have been naturalized in the United States will be considered by Belgium as citizens of the United States.

ARTICLE II Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them such limitations as are established by the laws of their original country.

ARTICLE III Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them, cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimilated thereto by the laws of that country.

ARTICLE IV Citizens of the United States naturalized in Belgium shall be considered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. (16 Stat. 747, 18 Stat. (pt. 2, Public Treaties), 61; Treaty Series, No. 24; Malloy, Treaties, I, 80.)

BOLIVIA
[See Multipartite Treaties at page 631.)

BRAZIL

(Naturalization convention signed at Rio de Janeiro, April 27, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, December 28, 1908; ratified by Brazil, December 6, 1909; ratifications exchanged at Rio de Janeiro, February 28, 1910; proclaimed, April 2, 1910.)

ARTICLE I Citizens of the United States of America who may or shall have been naturalized in the United States of Brazil upon their own application or by their own consent, will be considered by the United States of America as citizens of the United States of Brazil. Reciprocally, Brazilians who may or shall have been naturalized in the United States of America upon their own application or by their own consent will be considered by the United States of Brazil as citizens of the United States of America.

ARTICLE II If a citizen of the United States of America, naturalized in the United States of Brazil, renews his residence in the United States of America, with the intention not to return to the United States of Brazil, he shall be held to have renounced his naturalization in the United States of Brazil; and, reciprocally, if a citizen of

the United States of Brazil, naturalized in the United States of America, renews his residence in the United States of Brazil, with the intention not to return to the United States of America, he shall be held to have renounced his naturalization in the United States of America.

The intention not to return may be held to exist when the person naturalized in one of the two countries resides more than two years in the other; but this presumption may be destroyed by evidence to the contrary.

ARTICLE III It is agreed that the word "citizen," as used in this Convention, means any person whose nationality is that of the United States of America or the United States of Brazil.

ARTICLE IV A naturalized citizen of the one party, on returning to the territory of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment.

ARTICLE V The status of a naturalized citizen may be acquired only through the means established by the laws of each of the countries and never by one's declaration of intention to become a citizen of one or the other country. (36 Stat. (pt. 2), 2444; Treaty Series, No. 547; Redmond, Treaties, III, 2502; Charles, Treaties, III, 19.)

[See also Multipartite Treaties at page 631.)

BULGARIA [Naturalization treaty signed at Sofia, November 23, 1923; ratification advised by the Senate, February 18, 1924; ratified by the President, February 26, 1924; ratified by Bulgaria, March 30, 1924; ratifications exchanged at Sofia, April 5, 1924; proclaimed, May 6, 1924.]

ARTICLE I Nationals of the United States who have been or shall be naturalized in Bulgarian territory, shall be held by the United States to have lost their former nationality and to be nationals of Bulgaria.

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

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

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

The word "naturalized” refers only to the nationalization of persons of full age, upon their own applications, and to the naturalization of minors through the naturalization of their parents. It does not apply to the acquisition of nationality by a woman through marriage.

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

ARTICLE III If a national of either country, who comes within the purview of Article I, shall renew his residence in his country of origin without the intent to return to that 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 one country shall have resided more than two years in the other. (43 Stat. (pt. 2), 1759; Treaty Series, No. 684; Trenwith, Treaties, IV, 3972; 25 League of Nations Treaty Series, p. 238.)

CANAL ZONE
[See Treay under "Panama."]

CHILE
[See Multipartite Treaties at page 631.)

COLOMBIA
[See Multipartite Treaties at page 631.)

COSTA RICA [Naturalization convention signed at San José, June 10, 1911; ratification advised by the Senate, February 14, 1912; ratified by the President, March 29, 1912; ratified by Costa Rica, August 5, 1911; ratifications exchanged at San José, May 9, 1912; proclaimed, June 6, 1912.)

ARTICLE I Citizens of the United States who may or shall have been naturalized in Costa Rica, upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Costa Rica. Reciprocally, Costa Ricans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Costa Rica citizens of the United States.

ARTICLE II If a Costa Rican, naturalized in the United States of America, renews his residence in Costa Rica without intent to return to the

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