NORWAY

TREATY BETWEEN THE UNITED STATES AND NORWAY FOR EXEMPTION FROM MILITARY SERVICE OR OTHER ACT OF ALLEGIANCE OF PERSONS HAVING DUAL NATIONALITY, SIGNED NOVEMBER 1, 1930 1

711.574/10

The Minister in Norway (Swenson) to the Secretary of State No. 1602

OSLO, March 10, 1930. [Received March 26.]

SIR: With reference to the Department's instruction No. 495, of December 13, 1929, I have the honor to enclose a copy of a note which I addressed to the Foreign Office under date of January 10, 1930, on the subject of concluding a treaty with Norway exempting certain persons from military duty, etc. I discussed the matter orally with the Minister for Foreign Affairs with the result that he promised to recommend a reconsideration by the Department of Defence with a view to acceding to the wishes of the United States for a specific agreement.

I am now in receipt of a reply, dated the 7th instant, a copy of which is transmitted herewith, stating that in deference to this urgent suggestion the Department of Defence is willing to consent that hereafter the cases in question be governed by a special agreement. Mr. Mowinckel declares that the Norwegian Government stands ready to enter into such agreement, setting forth the form thereof, which it will be observed is the same as that contained in the Department's original instruction, No. 442, of December 1, 1928,5 paragraph 3, with the addition that the stay is to be considered as temporary provided it does not exceed two years. It is also suggested that the proposed agreement be made effective from July 1, 1930, in case this is acceptable to the United States. The Minister adds that the arrangement will be considered as having been concluded as soon as a favorable reply is received from me.

For previous correspondence, see Foreign Relations, 1929, vol. 1, pp. 471 ff. Ibid., p. 474.

• Not printed.

Johan Ludwig Mowinckel, Norwegian Prime Minister and Minister for Foreign Affairs.

See instruction No. 167, December 1, 1928, to the Ambassador in Belgium, Foreign Relations, 1928, vol. 1, p. 497.

528037-45- -51

I have this day acknowledged the receipt of the note under report, expressing my sincere appreciation of the accommodating attitude shown by the Minister for Foreign Affairs and his colleague the Minister of Defence, and stating that I shall revert to the subject as soon as I have heard from the Department of State. I have [etc.]

LAURITS S. SWENSON

711.574/10

The Secretary of State to the Minister in Norway (Swenson) No. 517

WASHINGTON, May 6, 1930. SIR: The Department has received your despatch No. 1602 of March 10, 1930, concerning the proposal of this Government looking to the conclusion of a treaty with Norway, under which persons born in either country, of parents having the nationality of the other, and continuing to reside in the country of birth, may visit the country of their parents' nationality temporarily, without being held for the performance of military service or other acts of allegiance.

Accompanying your despatch are a copy of your note of January 10, 1930, addressed to the Norwegian Minister of Foreign Affairs, and a copy of the reply received thereto under date of March 7, 1930. It is noted that the Norwegian Government has expressed its willingness to conclude an agreement containing the following provision:

"A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the State of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.

"The stay is to be considered as temporary provided it does not exceed two years."

The first paragraph, being identical in form with that suggested by the Department, is satisfactory. The second paragraph, suggested by the Norwegian Government, is open to objection. As it stands, a stay in Norway protracted beyond two years is to be conclusively considered as permanent. The Department feels that situations may arise in which such a result would be highly undesirable. For the full protection of citizens of the United States who may take temporary residence in Norway, it seems necessary to predicate no more than a rebuttable presumption of permanency on a stay protracted beyond two years.

•Neither printed.

The Department's despatch No. 442 of December 1, 1928, suggests the following "proviso" in this connection. "Provided, That, if such stay is protracted beyond the period of one year, it may be presumed to be permanent, in the absence of sufficient evidence to the contrary."

You are instructed to substitute for the phrase "period of one year", the phrase "period of two years", and to re-submit said "proviso", so modified, for the consideration of the Norwegian Government."

There appears to be some uncertainty as to the form which the contemplated agreement shall take. The following sentence appears in the reply of the Minister for Foreign Affairs to your note of January 10, 1930. "It will be considered by Norway as having been concluded as soon as a favorable reply is received from you." Seemingly, the Norwegian Government is desirous of putting the agreement into effect by exchange of notes. The Department is unable to assent to such procedure. Negotiations were undertaken with the Norwegian Government pursuant to a Joint Resolution of Congress, set out in the Department's despatch No. 442 of December 1, 1928. This Resolution clearly contemplates the execution of formal treaties. Moreover, apart from the express language of this Resolution, the powers granted the Congress under the Constitution preclude the conclusion of any international agreement, covering this subject, by the exercise of the executive power only.

You are instructed to inform the Norwegian Government to this effect and to renew your suggestion for a treaty.

You will also express to the Norwegian Minister for Foreign Affairs the appreciation of this Government for the willingness manifested by his Government to conclude an agreement on this subject. For the Secretary of State: J. P. COTTON

I am [etc.]

Treaty Series No. 832

Treaty Between the United States of America and Norway, Signed at Oslo, November 1, 1930 8

The President of the United States of America and His Majesty the King of Norway being desirous of regulating the liability for military service and other acts of allegiance for persons who are

"Further correspondence (not printed) resulted in the wording of the "proviso" as it appears in the treaty text, infra, art. 1, second paragraph.

In English and Norwegian; Norwegian text not printed. Ratification advised by the Senate, December 20, 1930; ratified by the President, December 31, 1930; ratified by Norway, December 19, 1930; ratifications exchanged at Washington, February 11, 1931; proclaimed by the President, February 12, 1931.

nationals of both countries, have decided to conclude a Treaty for that purpose, and have appointed as their Plenipotentiaries:

The President of the United States of America, Laurits S. Swenson, Envoy Extraordinary and Minister Plenipotentiary of the United States to Norway;

His Majesty the King of Norway, Johan Ludwig Mowinckel, His Prime Minister and Minister for Foreign Affairs;

Who, having communicated their full powers found in good and due form, have agreed as follows:

ARTICLE I

A person born in the territory of one party of parents who are nationals of the other party, and having the nationality of both parties under their laws, shall not, if he has his habitual residence, that is, the place of his general abode, in the territory of the state of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.

Provided, that, if such stay is protracted beyond the period of two years, it shall be presumed to be permanent, in the absence of sufficient evidence showing that return to the territory of the other party will take place within a short time.

ARTICLE II

The present Treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Norway, and shall enter into effect after the exchange of ratifications at Washington.

It shall thereafter remain in force for a period of ten years. If neither party shall have given the other 6 months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of 12 months after either of the contracting parties shall have given notice to the other of such intention.

In witness whereof, the respective Plenipotentiaries have signed the present Treaty in duplicate in the English and Norwegian languages and have thereunto affixed their seals.

Done at Oslo this first day of November in the year of our Lord one thousand nine hundred and thirty.

LAURITS S. SWENSON

[SEAL]

JOH LUDW MOWINCKEL

[SEAL]

PANAMA

AUTHORIZATION TO THE PANAMANIAN

GOVERNMENT TO REMOVE THE STATUE OF COLUMBUS FROM THE GROUNDS OF THE WASHINGTON HOTEL AT COLON

819.413 Columbus/17

No. 37

The Minister in Panama (Davis) to the Secretary of State

1

PANAMA, April 26, 1930. [Received May 5.]

SIR: I have the honor to refer to the notes exchanged by the Treaty Commissioners representing the United States and Panama, dated July 28, 1926, relative to the statue of Christopher Columbus now standing on the grounds of the Washington Hotel, in Colon, and to submit certain suggestions concerning the transfer of this statue to Panama.

The bronze statue of Columbus, to which the above mentioned notes refer, is the work of an Italian sculptor, Vincenzo Vela, and it was designed and executed under a commission from Empress Eugénie of France, who presented it to the Republic of Colombia, through General Tomas C. de Mosquera, Colombian Minister to certain European countries. In 1866 the Colombian Government accepted the gift and directed that the statue be erected in the city of Colon. The statue was delivered at the Port of Colon in April, 1870, by a special commissioner representing the donor.

Under Law No. 76 of June 7, 1871, the Colombian Government directed that the statue be erected at the Atlantic entrance of the proposed canal on a site to be designated by the State of Panama. It was first erected on a site near the wharfs of Colon, but was later moved to another site overlooking the entrance of the proposed French canal. About 1916 the statue was moved to the grounds of the Washington Hotel, which is owned and operated by the United States Government, through the Panama Railway Company. The grounds of the Hotel are not open to the general public.

A controversy as to the ownership of the statue continued for several years, the American officials maintaining that ownership passed to the United States with the acquisition of the Canal Zone, and Panamanian officials maintaining that ownership was vested in the city of Colon.

▲ Foreign Relations, 1926, vol. 11, pp. 849–850.