300/1938 Sb.
Contract
between the Czecho-Slovak Republic and the German Empire, on the issues of the State
citizenship and the option.
On behalf of the Czecho-Slovak Republic.
On behalf of the Czech-Slovak Republic
and
The German Empire
This agreement has been negotiated:
Contract
between the Czechoslovak Republic and the German Empire, on the issues of the State
citizenship and the option.
The Czechoslovak Government and the German Government, desiring to accounts and questions
citizenship and the option, the resulting from the connection of Sudeten German
the territory of the German Reich, appoint their agents:
the Czechoslovak Government
Mr. Anthony got the dra
the Ministerial Council in the Ministry of Justice in Prague,
the German Government
Ministerial Director in the Foreign Office
Mr Friedrich Gause, dra-and
and
the Ministerial Council in the Imperial Ministry of the Interior
Mr. Hans Globke dra-e,
who have agreed on the following provisions:
§ 1
Czechoslovak nationals who had 10. October 1938, his place of residence in the
some village annexed to the German Reich, with effect from 10. October
1938 German nationality, also the Czechoslovak pozbývajíce
citizenship, if
and) were born before 1 July. in January 1910 the territory annexed to the German Reich
or
(b)), with German nationality on 10 December. January 1920 or
(c)) are the children or grandchildren of the person for which the conditions are met, the letters
and) or (b)) or
(d)) are middle-aged people, for which the conditions are fulfilled and the letters), (b))
or (c)).
Czechoslovak citizens of German nationality, who had 10. October
1938 their residence outside the territory of the former Czechoslovak State, with
effect from 10. October 1938 German nationality, pozbývajíce
at the same time the Czechoslovak citizenship, if they had 10. October
1938 home right in some village annexed to the German Reich.
Wife shall not acquire German nationality, if it does
her husband.
§ 2
The Czechoslovak Government may to 10. July 1939 to insist that the persons
German nationality, which at the time when this agreement becomes effective,
are the Czechoslovak State citizens and from 1. January, 1910,
immigrants on the present territory of the Czechoslovak Republic, as well as their
the descendants of the Czechoslovak Republic, have left within a period of 3 months. These
person by the Czechoslovak citizenship shall cease; the German Government
It accepts into its territory. This does not apply to persons who have acquired
Czechoslovak citizenship after 30. January 1933 and until then
were German or Austrian nationals.
The German Government may to 10. July 1939 to insist that those non-German
nationality, which according to the provisions of this Agreement shall remain
Czechoslovak citizens and from 1. January, 1910, immigrants to
territory attached to the German Reich, as well as their descendants, who are
Czechoslovak nationals, left the German Empire in the period of 3
months. The Czechoslovak Government accepts those persons on its territory.
§ 3
A person's non-German nationality, which according to the provisions of paragraph 1 shall become the German
nationality, may 29. March 1939 optovati for
Czechoslovak citizenship.
§ 4
Members of the German nationality, who remain the Czechoslovak
nationals, may 29. March 1939 in optovati for the German State
jurisdiction. This does not apply to persons who have acquired the Czechoslovak
citizenship after 30. January 1933 and up to that time were German
or Austrian nationals.
§ 5
Options are declaring
and for the Czechoslovak citizenship)
in the Czechoslovak Republic at the Ministry of the Interior in Prague, among
The Czechoslovak Republic at the competent Czechoslovak
a representative of the Office;
(b)) for German nationality
in the German Empire with the competent lower administrative office, outside of the German
the competent German Empire konsulátu.
§ 6
The local jurisdiction of the authorities referred to in paragraph 5 shall be governed by the domicile and,
If it is not, according to stay at optantova.
The optional declaration to be lodged at the Office of the nepříslušného species locally
referred to in paragraph 5, should be forwarded to the competent locally by that authority
the Office. It is considered made at a time when the first of the Office.
§ 7
The optional declaration is necessary to administer the Office referred to in paragraph 5 of the Protocol
or in writing. A signature on a written statement must be validated
Embassy of the State for which it is optuje, by the Court or a notary.
An option declaration may be submitted also authorised representative. The signature on the
the power of Attorney must be authenticated by an authority referred to in paragraph 1.
For validation not fees, levies, stamp duty and other expenses.
§ 8
The competent authority of the State, for which the optuje, shall examine whether they are fulfilled
the terms of the option. In the Czechoslovak Republic reserves this examination
the Interior Ministry in Prague.
The conditions are met for a put option, the authority shall issue, without delay, the optional optantovi
certificates and shall notify the other Government Office specified by the.
The certificate is to be in the warrants also beheld that members of the family, on which
apply effects option.
The effects of options occurring at the moment, when the optional an optional declaration
the Office.
The optional control is exempt from fees, levies, fiscal stamps, and other expenses.
§ 9
To submit an optional declaration is entitled to over the age of 18. year of age.
A married woman cannot separately optovati; her husband's option applies to
wife. This does not apply if the marriage was legally annulled by the community.
For persons 18 years of age nedosáhnuvší, a minor older than 18 years of age, which are
the conditions for deprivation of incapacitation, as well as for persons deprived of
incapacitation or vested in the interim care (zatímnímu etc.),
the option shall be exercised by their legal representative, even if he himself does not have the right of the option. For
the assessment of the requirements of the optional declaration under this section is
decisive period when the optional declaration to the optional Office.
§ 10
The option could not be odvolati.
However, if the person for which the right of option had done the legal representative before the
the expiry of the option period of 18 or older. year of age, or if before
expiry of the reason of their legal representation falls, may
These persons, as long as it takes, period of option odvolati option. On the appeal of the option
shall apply mutatis mutandis the provisions of articles 5 to 7.
§ 11
For residence under this Agreement shall be deemed to be the place where the person resides
intend to be there permanently zdržovati.
If a person has more than one place of residence, the place which is applicable
in their place of residence.
§ 12
Persons who wish to leave the territory of Czechoslovakia must or the German
the Empire, because it was requested under section 2, as well as the optanti which translates
until 31 December 2006. March 1940 in their place of residence to the State for which optovali may with
you take all the movable assets they had on the date of signature of this
of the Treaty, and will not be required to pay through the nose for it any benefits. Exempt from
of the cash, securities, and collections for the export State have
special historical or cultural importance; discuss these things
reserves a special agreement.
section 13 of the
To examine and discuss all issues arising from the implementation of this
the Treaty, to establish a Joint Committee to which each of the two Governments will send
the same number of representatives.
This Committee is in particular:
1. vypracovati suggestions for facilitating the exchange of population, as well as řešiti
the fundamental questions that arise from this Exchange;
2. zkoumati doubtful questions relating to nationality.
The Committee may, if necessary for individual scopes zříditi sub-committees.
§ 14
This agreement shall enter into force on 26 April. November 1938.
Done in two original in the Czechoslovak and German language.
In Berlin on 20 April. November 1938
Antonin Koukal in r.
Friedrich Gaus in r.
Hans Globke in the r.
Prozkoumavše this Convention, we agree and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
Czech-Slovak přitisknouti.
Prague, may 25. November of tisícíhodevítistéhotřicátéhoosmého.
Raw in r.
on the site of the President of the Republic of Czech-Slovak
pursuant to section 60 of the Constitutional Charter.
L. S.
Minister of Foreign Affairs:
Dr. Chvalkovský in r.
Is that under section 14, this Agreement shall take effect on 26.
November 1938.
Dr. Chvalkovský in r.