« iepriekšējāTurpināt »
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.)
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.)
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 bé 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.
(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, 1918.)
MILITARY OBLIGATIONS IN CERTAIN CASES OF DOUBLE
[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.)
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,
ARTICLE 3 A person who has lost the nationality of a State under the law of that State and has acquired another nationality, shall be exempt from military obligations in the State of which he has lost the nationality.
ARTICLE 4 The High Contracting Parties agree to apply the principles and rules contained in the preceding articles in their relations with each other, as from the date of the entry into force of the present Protocol.
The inclusion of the above-mentioned principles and rules in the said articles shall in no way be deemed to prejudice the question whether they do or do not already form part of international law.
It is understood that, in so far as any point is not covered by any of the provisions of the preceding articles, the existing principles and rules of international law shall remain in force.
ARTICLE 5 Nothing in the present Protocol shall effect the provisions of any treaty, convention or agreement in force between any of the High Contracting Parties relating to nationality or matters connected therewith.
ARTICLE 6 Any High Contracting Party may, when signing or ratifying the present Protocol or acceding thereto, append an express reservation excluding any one or more of the provisions of Articles 1 to 3 and 7.
The provisions thus excluded cannot be applied against the High Contracting Party who has made the reservation nor relied on by that Party against any other High Contracting Party.
ARTICLE 7 If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Protocol and if such dispute cannot be satisfactorily settled by diplomacy, it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes.
In case there is no such agreement in force between the Parties, the dispute shall be referred to arbitration or judicial settlement, in accordance with the constitutional procedure of each of the Parties to the dispute. In the absence of agreement on the choice of another tribunal, the dispute shall be referred to the Permanent Court of International Justice, if all the Parties to the dispute are Parties to the Protocol of the 16th December, 1920, relating to the Statute of that Court, and if any of the Parties to the dispute is not a Party to the Protocol of the 16th December, 1920, the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of the 18th October, 1907, for the Pacific Settlement of International Conflicts.
ARTICLE 8 The present Protocol shall remain open until the 31st December 1930, for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Protocol for this purpose.
ARTICLE 9 The present Protocol is subject to ratification. Ratifications shall be deposited with the Secretariat of the League of Nations.
The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 8, indicating the date of its deposit.
ARTICLE 10 As from January 1st, 1931, any Member of the League of Nations and any non-Member State mentioned in Article 8 on whose behalf the Protocol has not been signed before that date may accede thereto.
Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the non-Member States mentioned in Article 8, indicating the date of the deposit of the instrument.
ARTICLE 11 A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited.
A certified copy of this procès-verbal shall be sent by the Secretary-General to each Member of the League of Nations and to each non-Member State mentioned in Article 8.
ARTICLE 12 The present Protocol shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 11 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal.
As regards any Member of the League or non-Member State on whose behalf a ratification or accession is subsequently deposited, the Protocol shall enter into force on the 90th day after the date of the deposit of a ratification or accession on its behalf.
ARTICLE 13 As from January 1st, 1936, any Member of the League of Nations or any non-Member State in regard to which the present Protocol is then in force, may address to the Secretary-General of the