352.11/27a: Circular telegram
The Secretary of State to All Consular Officers in Spain24
In the absence of specific instructions regarding particular cases following rules should govern protection:
Regarding naturalized citizens, make investigation with view ascertaining whether expatriated under first paragraph Section 2, Act of March 2, 1907,25 and if not whether resting under unrebutted presumption loss citizenship arising under second paragraph of above mentioned section. Persons unable overcome presumption should not be accorded protection. Presumption cannot be overcome under Rule (g) merely by expressing desire return United States but persons concerned must show that definite arrangements have already been made to return this country for permanent residence. Naturalized citizens unable overcome presumption except under Rule (g) should not be given protection with respect to offenses allegedly committed during periods they were resting under unrebutted presumption. Cases where there is doubt as to ability of naturalized citizen to overcome presumption should be referred to Department.
Protection should not be extended to persons having both Spanish and American nationalities unless such persons habitually reside in the United States, are in fact most closely connected with this country and are in Spain only temporarily. Doubtful cases should be fully reported to Department.