cendiaries, or counterfeiters of coin or paper money or other documents of public credit, nor to assassins, kidnappers, or robbers. Citizenship acquired fraudulently by a foreigner in violation of the law is ipse jure null and void. ARTICLE 10. A foreigner desiring to become naturalized shall apply in person or through a person specially empowered to the office of foreign relations stating his intention to become a Costa Rican citizen and renounce his nationality. This application shall be remitted to the governor of the Province or district where the foreigner has resided, in order that he may examine three or more witnesses regarding the points enumerated in article 8. When the depositions have been taken and returned to the office of foreign relations, the Government shall, provided the inquiry has been favorable to the applicant and there is no legal hindrance, grant the naturalization papers. In the contrary event it shall refuse them. Whatever decision is reached, it shall be published in the official gazette. The provisions of this article do not apply to foreigners who are naturalized by virtue of the law. Neither do they apply to those who have the right to claim or choose Costa Rican citizenship, for whom a simple declaration made before the diplomatic or consular officers of the Republic abroad or before the office of foreign relations will suffice. ARTICLE 11. The naturalization of a foreigner becomes null and void by a residence in his native country during two consecutive years, unless such residence is rendered necessary in order to perform some official mission for the Government of Costa Rica, or unless it be by permission of the latter. ARTICLE 12. A change of nationality is not retroactive in effect. ARTICLE 13. Naturalized citizens have the same rights as natives to the protection of the Government of the Republic. However, if they return to their native country they remain subject to any liabilities which they may have incurred before their naturalization. They have the same rights and obligations as native citizens, but they shall be disabled from discharging those offices and employments for which nationality by birth is required according to law. ARTICLE 14. Foreigners enjoy the rights specified in article 12 of the Constitution, as well as others which are indicated in treaties with foreign nations. ARTICLE 15. (Abolished by law of May 13, 1889.) ARTICLE 16. Foreigners are under obligation to contribute toward public expenses in the manner prescribed by the laws, and to obey and respect the institutions, laws, and authorities of the country, submitting to the sentences and judgments of the courts without being entitled to any other recourse than that granted by the laws to citizens. Appeal may be made through diplomatic channels only in case of a denial of justice or a willful delay in its administration, after all remedies provided by the laws have been exhausted in vain, in the manner prescribed by international law. ARTICLE 17. Foreigners do not enjoy the political rights belonging to citizens; consequently they can neither vote, nor be voted for, for any office subject to popular election; nor can they be appointed to any other office or commission conferring civil or political authority or jurisdiction; nor combine for the purpose of attempting to interfere actively in the militant policy of the Republic; nor take any part therein; nor exercise the right of petition in this kind of matters. ARTICLE 18. Foreigners are exempt from military service. However, those here domiciled are liable to police service when it is a question of maintaining the safety of property and the preservation of order in the same town in which they reside. ARTICLE 19. As far as citizenship, the status of foreigners, naturalization, and the rights and obligations of foreigners are concerned, the stipulations of international treaties remain unaffected. " CUBA. [Enclosure 1, in despatch from Mr. Sleeper, chargé d'affaires, No. 148, August 7, 1906.Translation.] Doctor O'Farrill to Mr. Sleeper, August 3, 1906. No. 625.] DEPARTMENT OF STATE AND JUSTICE, MR. CHARGÉ D'AFFAIRES: In reference and reply to your honor's polite communication, No. 56, of the 18th ultimo, I take pleasure in advising you, as requested, on the following points, to wit: 1. Laws relating to Cuban citizenship. The existing law governing this matter is comprised in the following provisions, laws, and decrees: (A) Articles 4, 5, 6, 7, and 8 and the second article of the transitory rules of the constitution of the Republic. (B) Articles 18 to 24, inclusive, of the civil code, in so far as they are not modified by the above-cited articles of the constitution and can be applied in harmony with the political conditions existing in Cuba since the cessation of Spanish rule. (C) Law of October 30, 1902, published in the Official Gazette of November 7, 1902. (D) Law of November 21, 1902, published in the Official Gazette of November 27, 1902. (E) Presidential decree No. 183, of December 15, 1902, published in the Official Gazette December 16, 1902, amended by Presidential decree No. 174, of April 21, 1905, published in the Official Gazette of April 26, 1905. (F) Two laws of June 13, 1903, published in the Official Gazette of the same date. 2. Means by which Cuban citizenship is lost. This question is covered by article 7 of the constitution of the Republic above cited. a Leyes usuales vigentes (edicíon ordenada por el Señor Ministro de Gobernacion, Lic. don José Astúa Aguilar, San José, 1905), p. 5. Enclosure in despatch from Mr. Bailey, chargé d'affaires, San José, July 29, 1906. 3. Whether or not the laws of Cuba authorize the renunciation of citizenship; and if so, the conditions for the reacquisition of the citizenship thus renounced. While no law exists that expressly authorizes the renunciation of Cuban citizenship, article 7 of the constitution and also clause 1 of article 1 of the law cited under date of October 30, 1902, authorize such renunciation by implication. The requisites necessary for reacquiring Cuban citizenship are set forth in the articles of the Civil Code above mentioned. 4. Whether, and how far, residence in foreign parts may affect the citizenship of origin. According to the provisions of article 7 of the constitution, mere residence in a foreign country does not affect citizenship of origin, but according to number 4 of the same article it does affect citizenship acquired through naturalization. 5. And, finally, the practice of the Cuban government in protecting its citizens permanently residing in other countries. The protection of our citizens in foreign countries, as is the custom of other governments, is intrusted to our diplomatic and consular agents, who, acting under the instruction of this department, are charged to see that they enjoy the privileges accorded to foreigners by the laws of the country in which they reside, and those assured by treaty between Cuba and the different governments, with reference to freedom of residence, right to travel or change of domicile, the exercise of religious worship, the disposal of their property and effects, and the engaging in commercial, professional, or industrial pursuits; provided, however, that such protection does not extend to the defense of individuals accused before any court of justice, nor to their interests when the subject of judicial contention; this with the understanding that in the event such privileges are not afforded our citizens, or are denied them, or the free exercise of their liberty is restrained, said agents shall file the necessary protests. Herewith inclosed I have the honor to transmit to your honor one copy each of the Gazette, dated the 7th and 27th of November, 1902, and the 16th of December, the same year, previously mentioned, and also a copy of Presidential Decree No. 174, of April 21, 1905, and of the two laws of June 13, 1903, also above referred to. I reiterate to your honor assurance of my highest and most distinguished consideration. JUAN F. O'FARRILL, Secretary. [Enclosure 2 in despatch No. 148.-Translation.] CONSTITUTION. TITLE II. ARTICLE 4. Cuban citizens are native born and naturalized. ARTICLE 5. Native born Cubans are: First. Those born of Cuban parents within or without the territory of the Republic. Second. Those born within the territory of the Republic of foreign parents, provided that on becoming of age they claim the right of inscription as Cubans in the proper register. Third. Those born in foreign countries of native-born parents who have forfeited their Cuban nationality, provided that on becoming of age they claim their inscription as Cubans in the same register. ARTICLE 6. Naturalized Cubans are: First. Foreigners who, having served in the liberating army, may claim Cuban nationality within six months following the promulgation of this constitution. Second. Foreigners established in Cuba prior to January 1st, 1899, who may have retained their residence after said date, provided they claim Cuban nationality within the six months next following the promulgation of this constitution, or, if minors, within a like period after they shall have obtained their majority. Third. Foreigners who, after five years' residence in the territory of the Republic, and not less than two years from the time that they declared their intention of acquiring Cuban citizenship, may obtain their letters of naturalization in conformity with the laws. Fourth. Spaniards residing in the territory of Cuba on the 11th day of April, 1899, who may not have been registered as such in the proper registers prior to the same month and day of 1900. Fifth. Africans who may have been slaves in Cuba, and those who were emancipated and comprised in article 13 of the treaty of June 28th. 1835, entered into by Spain and England. ARTICLE 7. Cuban citizenship is forfeited: First. By acquiring foreign citizenship. Second. By accepting employment or honors from another Government without permission of the Senate. Third. By entering the military service of a foreign nation without a like permission. Fourth. By a naturalized Cuban residing five years continuously in his native country, except by reason of his being in the employ of or fulfilling a commission of the Government of the Republic. ARTICLE 8. Cuban citizenship may be reacquired as may be provided for by law. TRANSITORY RULES. Second. Persons born in Cuba, or children of native-born Cubans, who at the time of the promulgation of this constitution might be citizens of any foreign nation shall not enjoy the rights of Cuban nationality without first and expressly renouncing their said foreign citizenship. [Enclosure 4 in despatch No. 148.--Translation.] ARTICLE 18. Children while they remain under the parental authority have the nationality of their parents. In order that those born of foreign parents in Spanish territory may enjoy the benefits granted them by No. 1 of article 17, it shall be an indispensable requisite that the parents declare, in the manner and before the officials specified in article 19, that they choose in the name of their children the Spanish nationality, renouncing all others. ARTICLE 19. The children of a foreigner born in Spanish possessions must state, within the year following their majority or emancipation, whether they desire to enjoy the citizenship of Spaniards granted them by article 17. Those who are in the Kingdom shall make this declaration before the official in charge of the civil registry of the town in which they reside; those who reside abroad, before one of the consular or diplomatic agents of the Spanish Government, and those who are in a country in which the Government has no agent, addressing the secretary of state of Spain. ARTICLE 20. The citizenship of a Spaniard is lost by acquiring the nationality of a foreign country, or by accepting employment from another government. or by entering the armed service of a foreign power without the permission of the King. ARTICLE 21. A Spaniard who loses his citizenship by acquiring the nationality of a foreign country can recover it upon returning to the Kingdom by declaring to the official in charge of the civil registry of the domicile which he elects that such is his wish, in order that the proper entry may be made, and by renouncing the protection of the flag of said country. ARTICLE 22. A married woman follows the condition and nationality of her husband. A Spanish woman who marries a foreigner may, upon the dissolution of the marriage, recover the Spanish nationality by complying with the requisites mentioned in the preceding article. ARTICLE 23. Any Spaniard who loses his citizenship by accepting employment from any other government, or by entering the armed service of a foreign power without the King's permission, can not recover the Spanish nationality without previously obtaining the royal authorization. ARTICLE 24. A person born abroad of a Spanish father and mother, who may have lost the Spanish nationality on account of the parents having lost it, may also recover it by complying with the conditions required by article 19. [Enclosure in despatch from Mr. Squiers, minister to Cuba, No. 291, November 13, 1902. Translation.] LAW OF OCTOBER 30, 1902. DEPARTMENT OF STATE AND JUSTICE. Be it by these presents known, That the Congress has enacted, and I, Tomás Estrada Palma, constitutional President of the Republic of Cuba, have ganetioned the following law: ARTICLE 1. The acts by virtue of which Cuban nationality is acquired, lost, or recovered shall be made to appear by means of a record in the section of citizenship of the registry of civil status. The persons included in the cases referred to in sections 2 and 3 of article 5 of the constitution and the second of the transitory provisions of the same, and residing abroad, shall exercise the right conferred upon them by the former sections before the diplomatic or consular agent of Cuba nearest to their place of residence. ARTICLE 2. The inscriptions to which the preceding article refers shall be made with the following formalities and requirements: 1. The date and place where they are drawn. 2. The names and surnames of the officials authenticating the same. 3. The names, surnames, and filiation of the parties and the witnesses participating in the act. The witnesses referred to in the preceding paragraphs shall be two, having legal capacity, and shall make a declaration setting forth the truth of the circumstances which should be expressed in the inscription. ARTICLE 3. The interested parties shall present to the custodian of the registry their certificates of baptism or the certificate of birth, as the case may be, as well as the record or certificate of marriage, should they be married, together with the certificates of birth of the wife and of the children. Should it be impossible to present the documents referred to in the preceding paragraph, they shall indicate the archives where they may be found, and their approximate date. In the cases where the birth of the interested parties, their wives or their children, shall have been inscribed in the registry of civil status of this island, or in the register in charge of the diplomatic or consular agent, the acquisition, loss, or recovery of Cuban citizenship shall be made by a marginal note on the record of birth, for which purpose the custodian of the register wherein the said acquisition, loss, or recovery occurs shall remit, within the term of fifteen days counting from that on which the inscription took place, a certificate of the same to the custodian of the register wherein the said birth appears. For failure to comply with the provisions of the preceding paragraph a fine of from ten to twenty-five dollars American currency shall be imposed on the custodian of the register required to remit the certificate. ARTICLE 4. In the inscriptions mentioned in this law the following circumstances shall be expressed if it is possible: 1. The former domicile of the interested parties. 2. The names, surnames, place of birth, domicile, and profession or occupation of his parents. |