711.754/15: Telegram

The Acting Secretary of State to the Chargé in Albania ( Holmes )

10. Your April 3. Department agrees in the main to the proposed change of Article 1 but suggests modification in phraseology by substituting following paragraph for paragraph 3 of Article 1: [Page 832]

“The foregoing provisions of this Article shall cease to be in force as to either party to this convention whenever it may be at war”.

The Department cannot agree to the suggested modification of Article 3 which it presumes refers to paragraph 2 because it would extend time limit beyond period provided in law United States and would create an absolute rule of expatriation instead of a rebuttable presumption provided in such law.

The Department cannot agree to suggested addition to Article 4 as this would render Article too indefinite in meaning.

With reference to suggested exchange of notes on subject of Albanian law, Department could not agree in view of laws of this country providing for free exercise of right of expatriation.

As to the suggestion that this Government inform the Albanian Government concerning the naturalization of Albanians in this country, while no objection is seen on principle, this Department has been informed by the Department of Labor which has supervision of naturalization, that it is not practicable to carry it out.

As to the proposed note regarding minor children of naturalized persons, the Department agrees in the main with the proposal but suggests the following modification in phraseology: “Minor children of persons naturalized in either country shall not acquire the nationality of that country until they shall have established their habitual residence there”.

You are authorized to sign a treaty in accordance with the above instructions. Full powers are being sent.

Cotton