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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Italy,   pp. 435-506 PDF (27.1 MB)

Page 482

  On the other hand, it is our view, and no doubt you will agree, that
this long standing problem is one that ought to be satisfactorily ad-
justed in the new treaty if that is at all possible. The necessity for a
satisfactory adjustment becomes more apparent when it is considered
that the treaty may remain in force for many years. Indeed, inasmuch
as many Senators are familiar with the problem due to the complaints
of their constituents, there is the possibility, too, that the treaty may
be opposed in the Senate should it fail to contain satisfactory provi-
sions relating to drafting for compulsory military service.
  You are requested, therefore, again to take the matter up with the
appropriate officials on the basis of the original proposal of this Gov-
ernment with the additional paragraph hereinafter indicated.
  Since our original proposal was made, it has come to the Depart-
ment's attention that the Italian Ministry of Foreign Affairs has taken
the position that an Italian citizen naturalized in the United States
does not lose his Italian citizenship unless he complies with Article 2,
paragraph 3, and Article 5 of the Italian Royal Decree No. 2560 of
December 28, 1919, which provides that an Italian citizen naturalized
abroad inform the Officer of Civil Status in the Commune of his birth
of his foreign naturalization in order that it may be transcribed in the
Register of Citizenship. This is in addition to the two requirements
for the loss of Italian citizenship specified in paragraph 1 of Article 8,
of Law No. 555 of June 13,1912, concerning Italian Citizenship, and
in Italian Regulatory Decree No. 949 of August 2, 1912, namely, vol-
untary acquisition of a foreign citizenship and transfer of residence
abroad. (See Italian Note Verbale to Embassy, dated July 20, 1936,
in foreign exchange case of Attilio Taraboletti, also case of one Biagio
Mataluni.)  The Department contests the interpretation indicated
in the cases cited above which imposes compliance with Royal Decree
No. 2560 as an additional requirement for the loss of Italian citizen-
ship. The purpose of Royal Decree No. 2560 as stated in its preamble
is to coordinate the Civil Status regulations relating to the Register of
Citizenship and Italian Law No. 555 of June 13, 1912, concerning
Italian Citizenship, approved by Royal Decree No. 949, of August 2,
1912. It is not stated in Royal Decree No. 2560 that non-compliance
therewith in any way affects the loss of Italian citizenship. To pre-
vent, therefore, this apparently arbitrary interpretation of Royal
Decree No. 2560 for the purpose of establishing that naturalized Amer-
icans of Italian birth never lost Italian citizenship and accordingly are
subject to Italian military service in category of dual citizens, you are
requested to propose that Article 6 of the original American draft be
amended by adding the following new paragraph:

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