For your information in connection with further discussions of the
matter with the Finnish Government, there is herewith enclosed a
draft treaty relating to military service and other acts of
allegiance which the Department would be prepared to conclude if the
Finnish Government definitely refuses to accept the provisions of
Article I of the original draft.
With reference to the suggestion made in your despatch of April 27,
1932 that full powers be issued, you are informed that it is
customary for the Department to issue full powers for the signature
of a treaty only after the terms have been agreed upon.
[Enclosure]
[Convention Between the United States of America and Finland Relating
to Military Service and Other Acts
of Allegiance]*
The President of the United States of America and the President
of the Republic of Finland, being desirous of regulating the
liability for military service and other acts of allegiance of
persons who are nationals
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of both countries, under their respective
laws, have decided to conclude a convention for that purpose,
and have appointed as their Plenipotentiaries:
The President of the United States of America: . . . . . . . . .
. . . . . . . . . . . and the President of the Republic of
Finland: . . . . . . . . . . . . . . . . . . . .
Who, having communicated to each other their full powers found to
be in good and due form, have agreed upon the following
articles:
Article I
A person born in either the United States of America or Finland
of parents who are nationals of the other country, and having
the nationality of both countries under their respective laws,
shall not, if he has his habitual residence, that is, the place
of his general abode, in one of the countries be held liable for
military service or any other act of allegiance during a
temporary stay in the other country.
Article II
Nationals of either country who have been or shall become
naturalized in the other country, shall not, upon returning to
the country of former nationality, be held liable for the
performance of military service in the armed forces of such
country; nor shall they be punished for the original act of
emigration, or for failure, prior to naturalization, to respond
to calls for military service accruing after bona fide residence
was acquired in the country of naturalization.
Article III
If a national of either country, who has been or shall have
become naturalized in the territory of the other country, shall
renew his residence in the country of his former nationality
without the intent to return to the country of his
naturalization, he shall be held to have abandoned his
naturalization.
Provided that, if the stay in the country of former nationality
is protracted beyond the period of two years it shall be
presumed to be permanent in the absence of sufficient evidence
to the contrary.
Article IV
The present convention shall be ratified. It shall come into
force on the day of the exchange of ratifications, and shall
continue in force for ten years. If six months before the
termination of the said ten years, neither Contracting Party
shall have given to the other Party notice of an intention to
terminate the convention, it shall remain in force until
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the end of twelve
months after either of the parties shall have given to the other
party notice of such intention.
In Witness Whereof, the respective Plenipotentiaries have signed
this convention and have hereunto affixed their seals.
Done in duplicate in the English and Finnish languages which are
equally authentic, at Helsingfors, this . . . . day of . . . . .
. .
. . . . . . .
. . . . . . .
