On The Issues Of Citizenship With Germany

Original Language Title: o otázkách státního občanství s Německem

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=7358&nr=300~2F1938~20Sb.&ft=txt

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.