Papers relating to the foreign relations of the United States, 1929, Volume I
711.554/8
The Chargé in Belgium (Reed) to the Secretary of State
[Received May 11.]
Sir: I have the honor to transmit herewith a copy and English translation of a note from the Foreign Office dated April 27, 1929, which contains the Belgian Government’s reply to the suggestions looking toward the conclusion of conventions respecting dual nationality and compulsory military service, which the Embassy made in compliance with the Department’s instruction No. 167 of December 1, 1928.
It will be noted that the Belgian Government, for reasons set forth in this communication, is not convinced of the necessity for entering into agreements of the nature proposed by the Department, but is nevertheless entirely disposed to carry the discussions further, should the Department so desire.5
I have [etc.]
The Belgian Minister for Foreign Affairs (Hymans) to the American Chargé (Reed)
Mr. Chargé d’Affaires: Referring to my letter of January 11, 1929,6 and in response to the Embassy’s notes Nos. 227 and 228 of December 27, 1928,6 I have the honor to inform you that after a thorough study of the question, the Government of the King does not think there is reason to conclude the suggested agreements concerning dual nationality and the performance of military service.
The question of dual nationality which one of these conventions seeks to remedy, finds, in fact, a perfect solution, based on individual liberties, in Belgian nationality legislation now in force.
The fact must not be lost sight of that double nationality and, consequently, the conflict to be settled, occur only in the case of the birth to Belgian parents of a child in the United States of America. This child, Belgian jure sanguinis, is American jure soli. No conflict of this nature is to be looked for in the event of the birth on Belgian soil of the child of an American father. Such a child is not a Belgian by reason of his birth and, by virtue of his foreign nationality he is not called upon for military service in Belgium.
Furthermore, Article 18, Section I, Paragraph 2, of the law of May 15, 1922, concerning the acquisition and the loss of Belgian nationality, permits a Belgian who has lawfully acquired a foreign nationality (especially by reason of jus soli) to make this acquisition “voluntary”, by signing, on reaching 16 years of age, a declaration renouncing Belgian nationality, which declaration may be received abroad by the Belgian diplomatic or consular agents. A Belgian minor who desires thus to renounce Belgian citizenship is not competent to make his declaration without the authorization of the persons whose consent would be necessary to validate his marriage.
It is true that according to the provisions of Article 16 of the law of August 4, 1926, concerning the acquisition, the recovery and the loss of nationality, a Belgian still liable to obligations of military service for the active army and reserve, who desires to sign a declaration of renunciation, must ask, before making his declaration, the Royal permission to renounce his Belgian nationality.
The duration of military obligations in the active army and the reserve is 15 years. The King’s consent is also required when the renunciation of Belgian nationality is made at any date whatever between the 31st of December of the year in which the interested party has attained the age of 19 years and the time when he is incorporated in the territorial army.
[Page 442]Incorporation in the territorial army occurs on December 15 of the year in which the militiamen reach their 15th year of service. The period of 15 years in the active army and the reserve begins on May 1st of the year by which the class to which the recruit definitely belongs is designated. The necessity of obtaining the Royal authorization in question cannot cause any great inconvenience for the persons interested. As a matter of fact it may be noted that it is customary not to refuse the authorization to those who are definitely established outside the Kingdom.
Furthermore, if a Belgian is not yet subjected to military service obligations, for the active army and the reserve, or if he is no longer subjected to them, he may sign a declaration of renunciation without the King’s authorization.
A young man who desires to regularize his position with respect to Belgium without having to solicit the Royal authorization has only to renounce Belgian nationality between the time when he reaches 16 years and the 31st of December of the year during which he reaches 19 years of age.
A Belgian who has validly and properly renounced his nationality under the above conditions severs all ties with his former country, after signing the act of renunciation. There cannot thus be any question of imposing on such an ex-Belgian any military obligation or any act of allegiance whatsoever in the event of a visit or a temporary stay in Belgium. As has been stated, a Belgian born in the United States of America of Belgian parents may therefore elect, in the light of the Belgian law, a single nationality, i. e. that which he possesses by reason of his birth on foreign soil.
The initiative in taking a decision in the matter is left to him, and it should be noted that the conclusion of an agreement imposing on such a Belgian the renunciation of his Belgian nationality would do violence to one of the primary principles of Belgian legislation concerning nationality. The Belgian nationality law cannot seek to constrain a Belgian, who is American according to the principles of the jus soli, to renounce the nationality which he derives from his forebears.
A Belgian born in these circumstances, who really desires to possess only American nationality would not hesitate, in view of the many inconveniences resulting from dual nationality, to decide to renounce his Belgian citizenship.
Moreover, the Belgian consular representatives in the United States do not fail to bring to the notice of persons interested that they have the choice under Belgian law itself of retaining only American nationality.
The objection might, however, be reasonably made that a Belgian [Page 443] minor born in the United States of America and subject to Belgian military service laws, might be prevented from signing the declaration of renunciation because of the refusal of his parents to the exercise of this option. But even in this case, it is possible for such a person to avoid all difficulties if he wishes to make a temporary stay in Belgium. All he has to do is to regularize his position temporarily by demanding that he be inscribed for the Belgian militia and by requesting suspensions until such time as when, having attained the age of majority, he can execute the act of renunciation without the approval of his legal guardians and can thus definitely regularize his position.
Such persons, whoever they may be, who, wishing to assert only their American nationality, hesitate or refuse to make their choice or to solicit the suspensions with respect to military service, in spite of the facilities furnished them in this respect, can only blame themselves if any inconvenience results from their inaction.
For various reasons, the relevancy of which will not escape the American authorities, the Government of the King considers that it is not necessary to conclude the suggested agreements, at least in so far as concerns enabling a Belgian born of Belgian parents in the United States to renounce Belgian nationality.
It appears, however, a priori, that an agreement might be entered into in favor of a Belgian, born on American soil, who might wish, although residing in the United States of America, to retain only his Belgian nationality and to divest himself of his American nationality acquired jure soli.
If the American authorities are disposed to conclude a convention of this nature, the Government of the King would be obliged to the Embassy if it would be good enough to transmit to it the text of a draft agreement on this basis. One may, however, wonder whether such an agreement would have any real practical value. As a matter of fact, either the Belgian in question, American jure soli, would desire to continue to reside permanently in the United States, and in this case it is certain that his interests and his associations in the United States would constrain him to retain the nationality of the country where he is established and to renounce his Belgian nationality, which he has the option of doing, or he would return to Belgium and establish himself there after having discharged his military service obligations in the Kingdom, and in this case, according to our information, the American authorities would subsequently refuse to consider him any longer as an American.
I would be obliged to you, Mr. Chargé d’ Affaires, if you would be good enough to bring the foregoing suggestions to the attention of the American Government. The Government of the King will not [Page 444] fail to welcome warmly any additional proposal regarding this question and to examine any objections which the Belgian point of view might encounter from the competent American authorities.
I beg [etc.]