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SWEDEN

EXEMPTION FROM MILITARY SERVICE OF PERSONS HAVING DUAL

NATIONALITY

[Signed at Stockholm, January 31, 1933; ratification advised by the Senate of the United States, February 6, 1935; ratified by the President of the United States, February 11, 1935; ratified by Sweden, June 2, 1933; ratifications exchanged at Washington, February 20, 1935; proclaimed by the President of the United States, May 20, 1935.]

ARTICLE I

A person possessing the nationality of both the High Contracting Parties who habitually resides in the territory of one of them and who is in fact most closely connected with that Party shall be exempt from all military obligations in the territory of the other Party. (49 Stat. 3195; Treaty Series, No. 890; Treaties, Trenwith, IV, 4656, 159 League of Nations Treaty Series, p. 261.)

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SWEDEN AND NORWAY

[Naturalization convention and protocol signed with Sweden and Norway May 26, 1869; ratification advised by Senate, December 9, 1870; ratifled by President, December 17, 1870; ratified by Sweden and Norway, June 14, 1871; ratifications exchanged at Stockholm, June 14, 1871; proclaimed January 12, 1872.]

ARTICLE I

Citizens of the United States of America who have resided in Sweden or Norway for a continuous period of at least five years, and during such residence have become and are lawfully recognized as citizens of Sweden or Norway, shall be held by the Government of the United States to be Swedish or Norwegian citizens, and shall be treated as such.

Reciprocally, citizens of Sweden or Norway who have resided in the United States of America for a continuous period of at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Sweden and Norway to be American citizens, and shall be treated as such.

The declaration of an intention to become a citizen of one or the other country has not for either party the effect of citizenship legally acquired.

ARTICLE II

A recognized 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,

This convention 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.)

10 The treaties in force between the United States and the Union of Sweden and Norway at the time of the dissolution of Union in 1905 were recognized as applicable thereafter between the United States and Sweden and Norway separately. Foreign Relations, 1905, pages 872-874.

saving always the limitation established by the laws of his original country, and any other remission of liability to punishment.

ARTICLE III

If a citizen of the one party, who has become a recognized citizen of the other party, takes up his abode once more in his original country, and applies to be restored to his former citizenship, the Government of the last-named country is authorized to receive him again as a citizen, on such conditions as the said Government may think proper.

PROTOCOL

[DONE AT STOCKHOLM, MAY 26, 1869]

The undersigned met to-day to sign the convention agreed upon in conformity with their respective full powers, relating to the citizenship of those persons who emigrate from the United States of America to Sweden and Norway, and from Sweden and Norway to the United States of America; on which occasion the following observations, more exactly defining and explaining the contents of this convention, were entered in the following protocol:

I. Relating to the first article of the convention.

It is understood that if a citizen of the United States of America has been discharged from his American citizenship, or, on the other side, if a Swede or a Norwegian has been discharged from his Swedish or Norwegian citizenship, in the manner legally prescribed by the Government of his original country, and then in the other country in a rightful and perfectly valid manner acquires citizenship, then an additional five years' residence shall no longer be required; but a person who has in that manner been recognized as a citizen of the other country shall, from the moment thereof, be held and treated as a Swedish or Norwegian citizen, and, recíprocally, as a citizen of the United States.

II. Relating to the second article of the convention.

If a former Swede or Norwegian, who under the first article is to be held as an adopted citizen of the United States of America, has emigrated after he has attained the age when he becomes liable to military service, and returns again to his original country, it is agreed that he 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 act of emigration itself, unless thereby have been committed any punishable action against Sweden or Norway, or against a Swedish or Norwegian citizen, such as non-fulfilment of military service, or desertion from the military force or from a ship, saving always the limitation established by the laws of the original country, and any other remission of liability to punishment; and that he can be held to fulfil, according to the laws, his military service, or the remaining part thereof.

III. Relating to the third article of the convention.

It is further agreed that if a Swede or Norwegian, who has become a naturalized citizen of the United States, renews his resi

dence in Sweden or Norway without the intent to return to America, he shall be held by the Government of the United States to have renounced his American citizenship.

The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway. (17 Stat. 809; Treaty Series, No. 350; Malloy, Treaties, II, 1758.)

SWITZERLAND

[Signed at Bern, November 11, 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 Switzerland, November 18, 1938; ratifications exchanged at Bern, December 7, 1938; proclaimed by the President of the United States, December 13, 1938.]

ARTICLE 1.

A person, born in the territory of one of the two Parties, of parents who are nationals of the other, who possesses the nationality of these two States and has his habitual residence in the State of his birth, shall not be held liable by the other State for military service or for payment of taxes in lieu thereof, even in the case of a temporary stay in the territory of the latter State. However, if this stay is protracted beyond the period of two years, it shall be presumed to be permanent, unless the person can show his intention of returning to his native land shortly after the lapse of this period.

ARTICLE 2.

The present convention shall be ratified.

It shall become effective upon the exchange of the instruments of ratification and shall continue in effect for three years. At the end of this time, either of the Parties may denounce it at any time, subject to notice given six months in advance. (53 Stat. (pt. 3), 1791; Treaty Series, No. 943; 193 League of Nations Treaty Series, p. 181.)

URUGUAY

[Naturalization convention signed at Montevideo, August 10, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, December 26, 1908; ratified by Uruguay, May 14, 1909; ratifications exchanged at Montevideo, May 14, 1909; proclaimed, June 19, 1909.]

ARTICLE I

Citizens of the United States who may be or shall have been naturalized in the Republic of Uruguay upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Uruguay. Reciprocally, Uruguayans who may be or shall have been naturalized in the United States, upon their own application or by their own consent, will be considered by the Republic of Uruguay as citizens of the United States.

ARTICLE II

If a Uruguayan, naturalized in the United States, renews his residence in Uruguay, without intent to return to the United

States, he may be held to have renounced his naturalization in the United States.

Reciprocally, if an American, naturalized in Uruguay, renews his residence in the United States, without intent to return to Uruguay, he may be held to have renounced his naturalization in Uruguay.

The intent not to return may be held to exist when the person naturalized in 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 nationality of the United States or Uruguay 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, or any other remission of liability to punishment.

ARTICLE V

The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired. (36 Stat. (pt. 2), 2165; Treaty Series, No. 527; Malloy, Treaties, II, 1829.)

[See also Multipartite Treaties below.]

VIRGIN ISLANDS

[See Treaty under "Denmark."]

MULTIPARTITE TREATIES

TREATY CONCERNING STATUS OF NATURALIZED CITIZENS

[Signed at Rio de Janeiro, August 13, 1906; ratification advised by the Senate, January 13, 1908; ratified by the President, January 16, 1909; ratification of the United States deposited with the Government of Brazil, February 25, 1908; proclaimed, January 28, 1913.]

ARTICLE I

If a citizen, a native of any of the countries signing the present Convention, and naturalized in another, shall again take up his residence, in his native country without the intention of returning to the country in which he has been naturalized, he will be considered as having reassumed his original citizenship, and as having renounced the citizenship acquired by the said naturalization.

ARTICLE II

The intention not to return will be presumed to exist when the naturalized person shall have resided in his native country for

more than two years. But this presumption may be destroyed by evidence to the contrary.

ARTICLE III

This Convention will become effective in the countries that ratify it, three months from the dates upon which said ratifications shall be communicated to the Government of the United States of Brazil; and if it should be denounced by any one of them, it shall continue in effect for one year more, to count from the date of such denouncement.

ARTICLE IV

The denouncement of this Convention by any one of the signatory States shall be made to the Government of the United States of Brazil and shall take effect only with regard to the country that may make it. (37 Stat. (pt. 2), 1653; Treaty Series, No. 575; Redmond, Treaties, III, 2882; Charles, Treaties, III, 125.)

This convention was signed by: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, United States, and Uruguay.

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[The countries in respect of which this convention is now in force as the result of the deposit of their respective instruments of ratification are the United States of America, Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Honduras, Nicaragua, and Panama. Guatemala deposited its ratification of the convention on April 18, 1907, but denounced the convention on June 13, 1913.]

MILITARY OBLIGATIONS IN CERTAIN CASES OF DOUBLE

NATIONALITY

[Concluded at The Hague, April 12, 1930; signed on the part of the United States of America, December 31, 1930; ratification advised by the Senate of the United States, June 18, 1932 (legislative day of June 15, 1932); ratified by the President of the United States, July 5, 1932; ratification of the United States of America deposited at Geneva, August 3, 1932; proclaimed by the President of the United States, April 26, 1937.]

ARTICLE 1

A person possessing two or more nationalities who habitually resides in one of the countries whose nationality he possesses, and who is in fact most closely connected with that country, shall be exempt from all military obligations in the other country or countries.

This exemption may involve the loss of the nationality of the other country or countries.

ARTICLE 2

Without prejudice to the provisions of Article 1 of the present Protocol, if a person possesses the nationality of two or more States and, under the law of any one of such States, has the right, on attaining his majority, to renounce or decline the nationality of that State, he shall be exempt from military service in such State during his minority.

11 Guatemala denounced the Convention in 1913.

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