711.544/19
The Chargé in Switzerland (Hawks) to the Secretary of
State
No. 4004
Bern, August 7, 1935.
[Received
August 20.]
Sir: I have the honor to refer to the
Legation’s despatch No. 3924 of June 27, 1935 and to previous
correspondence concerning the proposed convention of nationality
between the United States and Switzerland and to transmit herewith a
copy and translation of a note dated August 6, 1935 from the Federal
Political Department together with a copy and translation of its
enclosure, namely a draft of a proposed convention relative to the
military obligations of certain persons having dual nationality
which the Swiss Government proposes to take the place of the draft
proposed by the United States.
Upon the receipt of this note, I called upon Mr. Pierre Bonna of the
Federal Political Department to discuss the matter and pointed out
to him that the Swiss draft only took care of those persons of Swiss
origin who were born in the United States and resided there
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and did not take care of
Swiss citizens who became naturalized American citizens. Mr. Bonna
stated that he realized this but that it was the considered opinion
of the Swiss Government that it did not have the constitutional
authority to deprive Swiss citizens of their nationality, even
though they become naturalized citizens of another country, merely
by the conclusion of an international treaty and that the only way
in which such individuals could lose their Swiss nationality would
be to renounce it in accordance with the existing Swiss law. He said
that the Federal Political Department, in its discussions with the
Departments of Finance, Military Affairs and Justice and Police, had
done its utmost to have them agree that the question of Swiss
citizens naturalized in the United States should also be covered in
the Swiss counter-draft but that this had been impossible. He said
that it was only with the greatest difficulty that the other
interested Departments, particularly the Department of Finance, had
agreed that Swiss citizens of the second generation born in the
United States should be exempt from Swiss military service and also
from the military tax. It appears that in other countries the Swiss
Government holds that persons even of the second and third
generation are liable to this service and tax.
While the Swiss counter-draft does not agree with the proposal
contained in the draft submitted by the United States Government in
1931, it is, from what Mr. Bonna tells me, as far as the Swiss
Government can go in the matter without a change in the
Constitution. As previously reported to the Department, the
referendum for the general revision of the Constitution will be
voted upon on September 8. Even if it is passed, it is not at all
sure that the pertinent articles will be so changed as to empower
the Federal Government to enter into a treaty under which Swiss
citizens, by the mere fact of becoming naturalized citizens of
another country, would lose their Swiss nationality.
Respectfully yours,
[Enclosure—Translation]
The Swiss Federal
Political Department to the American Legation
With reference to its note of June 24, the Federal Political
Department has the honor to inform the Legation of the United
States of America that the draft nationality convention attached
to Mr. Greene’s note of October 22, 1931 rests upon principles
irreconcilable with Article 46 of the Federal Constitution and,
therefore, scarcely furnishes a favorable basis for
negotiations.
Desirous, however, of giving the greatest consideration to the
arguments developed in the aforementioned note, the Federal
Council
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would
willingly consider the conclusion between Switzerland and the
United States of America of a convention relative to the
military obligations of certain persons having dual nationality
on the basis of the draft of which the Legation will find three
copies attached hereto.
As this draft satisfies, in all respects, the resolution passed
May 28, 1928, by the Congress of the United States, the Federal
Council believes that it will meet with the approval of the
American Government.
The Department avails itself of this opportunity to renew to the
Legation the assurance of its high consideration.
[Subenclosure—Translation]
Draft Convention Between Switzerland and the
United States of America Relative to Military Obligations of
Certain Persons Having Dual Nationality
The Swiss Federal
Council
and
The President of the United States of
America
animated by the desire of regulating the military obligations of
certain individuals possessing both Swiss and American
nationality have resolved to conclude a convention to that
effect and have named as their Plenipotentiaries:
The Swiss Federal Council:
. . . . . . . . . .
. . . . . . . . . .
The President of the United States of America:
. . . . . . . . . .
. . . . . . . . . .
Who, after having exchanged their full powers, found in good and
due form, have agreed upon the following provisions:
Article 1
An individual who, in conformity with their laws, possesses the
nationality of both Parties shall not, if he has been born upon
the territory of one of the Parties and habitually resides
within the territory of the latter, be compelled to do military
service by the other Party, even if he makes a temporary sojourn
upon the territory thereof.
Furthermore, he shall not be compelled to pay the taxes in lieu
of personal service to the Contracting Party upon whose
territory he does not reside.
[Page 789]
Article 2
The present convention shall be ratified.
It shall become effective upon the exchange of the instruments of
ratification and shall continue in effect for three years. At
the end of this time, either of the Parties may denounce it at
any time, subject to notice given six months in advance.
In witness whereof, the above-named Plenipotentiaries have signed
this convention and have hereunto affixed their seals.
Done at . . . . ., in duplicate, in the French and English
languages, the . . . . . . .
