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The Department of State has recently received numerous inquiries from foreign-born persons residing in this country as to whether they may be compelled to perform military service in their native lands and as to what penalties, by way of fines, confiscation of property, or imprisonment in case of return, they will incur if they fail to report to the authorities of their countries of origin for military service. Some of the inquiries refer to persons who have obtained naturalization as citizens of the United States, others to persons who have made declarations of intention to become American citizens, and still others to persons who have taken no steps toward acquiring American citizenship. Misconception and confusion concerning this matter appear to be current.
The United States is not a party to any treaties under which persons of foreign origin residing in this country may be compelled to return to their countries of origin for military service, nor is there any way in which persons may be forced into foreign armies against their will so long as they remain in the United States.
The Department can not undertake to give authentic, official information either, in general, as to the requirements of the military service laws of foreign countries and the penalties provided therein for evasion of military service, or, in particular, as to the status and present or future liabilities of individuals under such laws. Information of this kind must be obtained from officials of the foreign countries concerned.
The Department issues printed circulars concerning the status in their native lands of naturalized citizens of the United States, natives of certain European countries, and these will be furnished to interested persons upon request. It is specifically stated in these circulars that the information contained in them is not to be considered as official so far as it relates to the laws and regulations of foreign countries.
[Page 18]The United States has concluded treaties of naturalization with the following European countries: Austria-Hungary, Belgium, Denmark, the German States, Great Britain, Norway, Sweden, and Portugal. Copies of these treaties are to be found in “Treaties, Conventions, etc., between the United States of America and Other Powers” (Government Printing Office, 1910), and separate copies may be furnished by the Department upon request. Under these treaties the naturalization of persons concerned as citizens of the United States and the termination of their former allegiance are recognized, with the reservation, in most of them, that such persons remain liable to trial and punishment in their native lands for offenses committed prior to emigration therefrom, including offenses of evasion of military duty. The United States holds that no naturalized citizen of this country can rightfully be held to account for military liability to his native land accruing subsequent to emigration therefrom, but this principle may be contested by countries with which the United States has not entered into treaties of naturalization. The latter countries may hold that naturalization of their citizens or subjects as citizens of other countries has no effect upon their original military obligation, or may deny the right of their citizens or subjects to become naturalized as citizens of other countries, in the absence of express consent or without the fulfillment of military obligations. More specific information as to the Department’s understanding of the laws of these countries concerning nationality and military obligations may be found in the Department’s circulars mentioned above.
It is important to observe that an alien who declares his intention to become a citizen of the United States does not, at the time of making such declaration, renounce allegiance to his original sovereign, but merely declares that he intends to do so. Such person does not, by his declaration of intention, acquire the status of a citizen of the United States.
Washington , August 14, 1914.