in Greece of naturalized American citizens who formerly were Turkish nationals of the Greek Orthodox religion, under certain provisions of an annex to the Treaty of Lausanne,61 and to request the Department's opinion of the value of the contention of the Greek Government that such persons come within the purview of this convention. As the Department is aware, there was signed at Lausanne on January 30, 1923, a convention which is in the nature of an annex to the Treaty of Lausanne, concerning the exchange of populations. Article 1 of this convention provides that "beginning with May 1, 1923, there shall take place a compulsory exchange of Turkish nationals of the Greek Orthodox religion established in Turkish territory, and of Greek nationals of the Moslem religion established in Greek territory." Article 3 of the convention provides that "those Greeks and Moslems who had previously, and since the 18th of October, 1912, left the territories of which the inhabitants were to be exchanged should be included in the exchange provided for in Article one." Article 7 of the convention provides that "the emigrants will lose the nationality of the country which they are leaving, and will acquire the nationality of the country of their destinations upon their arrival in the territory of the latter country." "Such emigrants as have already left one or the other of the two countries and had not yet acquired their new nationality, shall acquire that nationality on the date of signing of the present convention." The provisions of this convention were not apparently enforced by the Greek Government until the beginning of this year. Since then a number of naturalized American citizens who were formerly Turkish nationals belonging to the Greek Orthodox religion, and who have come to Saloniki, have been obliged to submit to a compulsory naturalization as Greek citizens. In each case these men left Turkey after October 18, 1912, and were naturalized as citizens of the United States without at first obtaining the permission of the Greek Government in order to have that Government acknowledge their naturalization as foreign citizens. Upon their arrival in Saloniki they were instructed by the police to present themselves at the City Hall for registration as Greek citizens. No oath of allegiance, however, was required of them. In one or two instances the police retained their American passports but after representations were made by this consulate to the local authorities against this procedure, they have discontinued to do so. After registration as Greek citizens, they become liable to the military service laws of Greece, and are either obliged to serve or are permitted to purchase their exemption upon the payment of a cer For the treaty of peace, signed at Lausanne, July 24, 1923, see League of Nations Treaty Series, vol. xxvш, p. 12. tain sum of money. After they have complied with all the requirements of the Greek laws pertaining to military service they are given permission to leave Greece. This permission is usually given in the nature of a visa to their military discharge papers. For the information of the Department there is enclosed, herewith, a list of the American citizens 62 who have reported to this consulate that they have been obliged to register themselves as Greek citizens under the provisions of the above mentioned convention. I have [etc.] 868.012/17 CHARLES J. PISAR The Minister in Greece (Skinner) to the Secretary of State No. 618 ATHENS, June 26, 1928. [Received July 12.] SIR: Adverting to my despatch No. 497 of March 7, 1928, concerning the citizenship of former Ottoman subjects of the Orthodox religion who had gone to America and been naturalized there, and to the status of such persons when they come to Greece, I have the honor to report that the Ministry of Foreign Affairs has rendered an opinion on the basis of which administrative authorities throughout the country are acting. This opinion is to the following effect: (1) Greeks, "exchangeables," who left Turkey after October 18, 1912, shall be considered, regardless of their place of residence, Greek citizens, ipso jure, from the 30th day of January, 1923, when the Exchange of Populations agreement was signed. (2) Those who left Turkey after January 30, 1923, shall be considered to have acquired Greek nationality from the date of their arrival in another country. (3) Those of the above category ("exchangeables") who had become naturalized foreign citizens (American, British, French, etc., etc.) before the signing of the Exchange of Populations Convention, i. e. before January 30, 1923, shall be recognized, upon their arrival in Greece, as having legally acquired foreign citizenship, regardless of whether they had previously obtained the permission of the Turkish Government, as required by Turkish law. (4) All those who acquired foreign citizenship after January 30, 1923, without first obtaining the permission of the Greek Government, shall be considered Greek citizens. As many naturalized Americans of the above categories, visiting Greece to see their refugee relatives, find themselves involved in difficulties with the authorities, I venture to suggest that their American passports be accompanied with notices apprising them of the foregoing. I have [etc.] "Not printed. ROBERT P. SKINNER 868.012/17 The Secretary of State to the Minister in Greece (Skinner) No.183 WASHINGTON, July 19, 1928. SIR: The Department has received your despatch No. 618 of June 26, 1928 in which is set forth the opinion rendered by the Ministry of Foreign Affairs concerning the citizenship of former Ottoman subjects of the Orthodox religion who had left Turkey for destinations other than Greece prior to the conclusion of the convention concerning the exchange of Greek and Turkish populations, signed at Lausanne January 30, 1923. Paragraph numbered four of the opinion states that "all those who acquired foreign citizenship after January 30, 1923 without first obtaining the permission of the Greek Government, shall be considered Greek citizens." This provision in so far as it affects former Ottoman subjects who have acquired American citizenship by naturalization subsequent to January 30, 1923 cannot be accepted by this Government. You should therefore inform the Ministry of Foreign Affairs that in the opinion of this Government the terms of the agreement of January 30, 1923 between Greece and Turkey do not seem applicable to former Ottoman subjects who have obtained naturalization as citizens of the United States before going to Greece. You should add that the Government of the United States cannot recognize the right of foreign governments to enter into agreements affecting the nationality of American citizens. It is suggested that the Legation, if it has not already done so, transmit the text of the opinion contained in its despatch No. 618 to the several consulates in Greece and that it also inform those offices as to the contents of this instruction. In transmitting this information to the Consulate at Saloniki reference should be made. to that office's despatch No. 35 of March 15, 1928, a copy of which should be on file in the Consulate General at Athens. I am [etc.] 868.012/19 For the Secretary of State: The Chargé in Greece (Goold) to the Secretary of State No. 661 ATHENS, September 1, 1928. SIR: Adverting to your instruction No. 183 of July 19th in which you instructed me to present your views to the Foreign Office, relative to the opinion rendered by them concerning the citizenship of former Ottoman subjects of the Orthodox religion, who had left Turkey for destinations other than Greece, prior to the conclusion of the Exchange of Populations Convention of January 30, 1923, and in which you took particular exception to Paragraph 4 of the opinion, I have the honor to state that I duly addressed a note to the Foreign Office setting forth your views, and have now received a reply, a translation of which I have the honor to enclose. It would seem doubtful whether a continuation of the discussion would be of benefit to anybody since the Greek Government is hardly likely to admit a third party interpretation of the application of a Graeco-Turk treaty to members of a class of persons whose status and rights are covered by the treaty when these persons actually place themselves under the Greek jurisdiction. As a matter of fact, Greek officials have been accommodating in releasing former Ottomans, naturalized in America subsequent to January 30, 1923, from the performance of military duties, when appealed to on lines of good policy and common sense. They are gradually beginning to realize that it is to their interest to permit Americans of Greek origin to visit this country without unnecessary vexations of which the exaction of military service is, of course, the greatest. I have [etc.] H. S. GOOLD [Enclosure-Translation] The Greek Ministry of Foreign Affairs to the American Legation No. 24267 NOTE VERBALE The Ministry of Foreign Affairs, in reply to the verbal note of the United States Legation, No. 145, of August 4, 1928, has the honor to invite its attention to the fact that, in conformity with Articles 3 and 7 of Convention VI, concerning the exchange of Greek and Turkish populations, signed at Lausanne, Orthodox Greeks who had left Turkish territories subject to the exchange after the 18th of October, 1912, were considered exchangeable and consequently lost the nationality of the country they abandoned and acquired Greek nationality on the date of the signature of said convention, if they had not already previously acquired it. The Mixed Commission, sitting at Constantinople, interpreting, as it was competent to do, the above mentioned Articles Nos. 3 and 7, held in its decision No. 22, of May 9, 1924, that persons subject to the exchange and who on the date of the signature of the convention (January 30, 1923) were in a country other than Greece or Turkey, lost on that date the nationality of the country which they abandoned and acquired the nationality of the other contracting country. On the same question, the nationality council of the Foreign Office, in its 84th session which took place on November 11, 1927, took the following decision: "Orthodox Greeks who left Turkish territory subject to the exchange, subsequent to the 18th of October, 1912, lost their Turkish nationality and became Greek subjects on the date of the signature of Convention VI of January 30, 1923, and as such cannot be recognized in Greece as foreign subjects in the event that they were naturalized abroad after the 30th of January, 1923, and without the previous authorization of the Hellenic Government in accordance with law No. 120 of the 2/15 January, 1914." The honorable United States Legation will be good enough to note that in the foregoing case there is no question of Turkish subjects obtaining American naturalization, since these same persons, by the operation of the Treaty of Lausanne, ceased to be Turkish subjects at the moment they asked for American naturalization and became, ipso jure, Hellenic subjects on the 30th of January, 1923. Furthermore, the articles mentioned do not affect persons who were naturalized abroad before the signature of Convention VI on the 30th of January, 1923, or those who left Turkey before the 30th of October, 1912, and who consequently are considered as non-exchangeable Turkish subjects. After these explanations, the United States Legation will recognize that this is not a case where a contrary opinion can modify a definitely established rule. The Hellenic Government has no pretension of involving itself in questions concerning the nationality of American citizens. It must, however, carry out the provisions of the treaties and their official interpretations in the event that persons referred to by the treaties enter the Hellenic jurisdiction. ATHENS, August 28, 1928. CLAIMS OF AMERICAN CITIZENS OF GREEK ORTHODOX RELIGION FOR PROPERTY CONFISCATED BY TURKEY UNDER THE CONVENTION CONCERNING EXCHANGE OF GREEK AND TURKISH POPULATIONS" 467.11/276a The Secretary of State to the Minister in Greece (Skinner) No. 169 WASHINGTON, June 15, 1928. SIR: The Department has received numerous inquiries from American citizens claiming an interest by inheritance in property confiscated by Turkey under the Convention concerning the Exchange of Greek and Turkish Populations, signed at Lausanne on January 30, 1923. As the Legation will recall, the Convention provides that the Greek For text of the convention, signed at Lausanne, January 30, 1923, see League of Nations Treaty Series, vol. xxxii, p. 76. |