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 Honduras as citizens of the United States. ARTICLE II If a Honduranean, naturalized in the United States of America, renews his residence in Honduras, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Honduras, renews his residence in the United States, without intent to return to Honduras, he may be presumed to have renounced his naturalization in Honduras. The intent not to return may be held to exist when the person naturalized in the one country, resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III It is mutually agreed that the definition of the word "citizen," as used in this Convention, shall be held to mean a person to whom the nationality of the United States or of Honduras attaches. ARTICLE IV A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal 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 declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. (36 Stat. (pt. 2), 2160; Treaty Series, No. 525; Malloy, Treaties, I, 958.) [See also Multipartite Treaties at page 631.] HUNGARY [The Treaty between the United States and Hungary establishing friendly relations signed at Budapest, August 29, 1921; ratification advised by the Senate, October 18, 1921; ratified by the President, October 21, 1921; ratified by Hungary, December 12, 1921; ratifications exchanged at Budapest, December 17, 1921; and proclaimed, December 20, 1921, contains the following provision:] ARTICLE I Hungary undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Trianon which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States. The United States, in availing itself of the rights and advantages stipulated in the provisions of that Treaty, will do so in a manner consistent with the rights accorded to Hungary under such provisions. (42 Stat. (pt. 2), 1951; Treaty Series, No. 660; Redmond, Treaties, III, 2693; 48 League of Nations Treaty series, p. 191.) [Article 213 of the Treaty of Trianon provides as follows:] ARTICLE 213 Hungary undertakes to recognize 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 naturalization 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. (Redmond, Treaties, III, 3541, 3624.) LITHUANIA [Signed at Kaunas, October 18, 1937; ratification advised by the Senate of the United States, June 13, 1938; ratified by the President of the United States, July 5, 1938; ratified by Lithuania, December 30, 1937; ratifications exchanged at Washington, July 20, 1938; proclaimed by the President of the United States, August 15, 1938.] ARTICLE I Nationals of either country, who have been or shall become naturalized in the territory of the other country shall not, upon returning to the country of former nationality for a temporary stay, be required to perform military service or any other act of allegiance, or punished for the original act of emigration, or for failure to respond to a call for military service, liability for which did not accrue until after bona fide residence was acquired in the territory of the country whose nationality was obtained by naturalization. Provided, that, if a national of either country who comes within the purview of this article shall renew his residence in his country of origin without the intent to return to the country 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 country; but this presumption may be overcome by evidence to the contrary. ARTICLE II A person born in the territory of one country of parents who are nationals of the other country, and having the nationality of 56870044-28 each country under its laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the country 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 country. Provided, that, if such stay is protracted beyond the period of two years, it shall be presumed to be permanent, in the absence of sufficient evidence showing that return to the territory of the other country will take place within a short time. ARTICLE III The present treaty shall be ratified and the ratifications thereof shall be exchanged at Washington. It shall take effect in all its provisions 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. (53 Stat. (pt. 3), 1569; Treaty Series, No. 936, 191, League of Nations Treaty Series, p. 851.) MEXICO [Signed at Guadalupe Hidalgo, February 2, 1848; ratification advised by the Senate, with amendments, March 10, 1848; ratified by the President, March 16, 1848; ratifications exchanged, May 30, 1848; proclaimed July 4, 1848.] ARTICLE VIII Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please; without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States. ARTICLE IX The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction. (9 Stat. 922; Treaty Series, No. 207; Malloy, Treaties, I, 1107.) [Signed at Mexico, December 30, 1853; ratification advised by the Senate, with amendments, April 25, 1854; ratified by the President, June 29, 1854; ratifications exchanged June 30, 1854; proclaimed June 30, 1854.] ARTICLE V articles of All the provisions of the eighth and ninth the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mexican Republic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastical, within the same, as fully and as effectually as if the said articles were herein again recited and set forth. (10 Stat. 1031; Treaty Series, No. 208; Malloy, Treaties, I, 1121.) [See also Multipartite Treaties at page 631.] NICARAGUA [Nationality convention signed at Managua, December 7, 1908; ratification advised by the Senate, January 21, 1909; ratified by the President, March 1, 1909; ratified by Nicaragua, March 28, 1912; ratifications exchanged at Managua, March 28, 1912; proclaimed, May 10, 1912.] ARTICLE I 1. Citizens of the United States who have been or may be voluntarily naturalized in Nicaragua in conformity with the laws thereof, shall be considered and treated by the Government of the United States as citizens of Nicaragua. 2. Reciprocally, citizens of Nicaragua who have been or may be voluntarily naturalized in the United States in conformity with the laws thereof, shall be considered and treated by the Government of Nicaragua as citizens of the United States. ARTICLE II 1. If a citizen of the United States naturalized in Nicaragua renews his residence in the United States without the intention to return to Nicaragua, it shall be considered that he has renounced his citizenship in Nicaragua. 2. Reciprocally, if a citizen of Nicaragua naturalized in the United States renews his residence in Nicaragua without intention to return to the United States it shall be deemed that he has renounced his citizenship in the United States. 3. The intention not to return shall be deemed to exist when a person naturalized in one of the two countries resides for more than two years continuously in the other country; however, such presumption may be destroyed by evidence to the contrary. ARTICLE III A mere declaration of intention to become naturalized in either country shall not, in either country, have the effect of legally acquired citizenship. ARTICLE IV Citizens naturalized in one of the two countries and returning to the country of their origin shall be subject to trial and punishment in the latter for any punishable act committed before their emigration, but not for the act of emigrating itself, always excepting cases of limitation or any other remission of liability. ARTICLE V It is agreed between both parties to define the word "citizenship", as used in this Convention, to mean the status of a person possessing the nationality of the United States or Nicaragua. (37 Stat. (pt. 2), 1560; Treaty Series, No. 566; Redmond, Treaties, III, 2738; Charles, Treaties, III, 95.) [See also Multipartite Treaties at page 631.] NORWAY EXEMPTION FROM MILITARY SERVICE OR OTHER ACT OF ALLEGIANCE OF PERSONS HAVING DUAL NATIONALITY [Signed at Oslo, November 1, 1930; ratification advised by the Senate of the United States, December 20, 1930; ratified by the President of the United States, December 31, 1930; ratified by Norway, December 19, 1930; ratifications exchanged at Washington, February 11, 1931; proclaimed by the President of the United States, February 12, 1931.] ARTICLE I 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 This Treaty was negotiated in pursuance of the joint resolution of Congress approved May 28, 1928, reading as follows: "That the President be, and he is hereby, respectfully requested to endeavor as soon as possible to negotiate treaties with the remaining nations with which we have no such agreement, providing that persons born in the United States of foreign parentage, and naturalized American citizens, shall not be held liable for military service or any other act of allegiance during a stay in the territory subject to the jurisdiction of any such nation while citizens of the United States of America under the laws thereof." (45 Stat. 789.) |