Decree of the Minister for Foreign Affairs No. 37 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the adaptation of double citizenship
Valid
Effective from 31.03.1974
37
DECLARATION
Minister for Foreign Affairs
of 1 April 1974
on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the adaptation of double citizenship
On 10 October 1973 the Treaty was signed in Prague between the Czechoslovak Socialist Republic and the German Democratic Republic on the regulation of double citizenship.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Berlin on 1 March 1974.
Pursuant to Article 15 thereof, the Treaty entered into force on 31 March 1974.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the German Democratic Republic on the adaptation of double citizenship
Czechoslovak Socialist Republic and German Democratic Republic
bearing in mind that there are persons under their laws who are nationals of both Contracting Parties,
led by the desire to eliminate the dual citizenship of such persons, in particular by their voluntary decision, as well as to prevent the creation of dual citizenship in the future
have decided to conclude this contract.
To that end, they appointed their agents:
President of the Czechoslovak Socialist Republic
RSDr. Jaroslav Šilhavý,
Deputy Minister of Interior of the CSSR,
Chairman of the State Council of the German Democratic Republic
Dr. Herbert Krolikowski,
extraordinary and authorised Ambassador of the German Democratic Republic
in the Czechoslovak Socialist Republic,
who, after exchanging their full powers which have been found to be in good and proper form, have agreed as follows:
Removal of double citizenship
Persons who are nationals of both Contracting Parties under their laws on the date of entry into force of this Treaty shall retain citizenship under this Treaty only one Contracting Party.
(1) The persons referred to in Article 1 may, within one year of the date of entry into force of the Treaty, choose, in accordance with both part and part of this Treaty, which citizenship shall retain.
(2) Persons who are permanently resident in the sovereign territory of one Contracting Party and who wish to retain citizenship of the other Contracting Party shall make a declaration to the diplomatic mission or to the competent consular office of that Contracting Party whose citizenship they have chosen.
(3) Persons resident in the sovereign territory of a third State shall submit a declaration to the diplomatic mission or to the competent consular post or, where appropriate, to the Ministry of Foreign Affairs of the Contracting Party for whose citizenship they have decided.
(1) Persons who do not submit a declaration pursuant to Article 2 (1) shall retain citizenship of the Contracting Party in whose territory they are resident on the last day of the period.
(2) Persons who do not submit a declaration pursuant to Article 2 (1) and who are permanently resident in the sovereign territory of a third State shall retain the citizenship of the Contracting Party in whose territory they were to reside prior to removal. If they did not have such a residence, they shall retain the citizenship of the Contracting Parties which they have acquired later.
(1) Minority persons who were born before the date of entry into force of this Treaty and have the citizenship of both Contracting Parties may, within one year of the entry into force of this Treaty, choose to be the parent of one Contracting Party, if not the case referred to in paragraph 3, within a period of one year after the entry into force of the Treaty. Where minors are over 14 years of age, the validity of the consent shall be subject to the consent of those persons.
(2) If parents do not make a declaration of agreement, they shall retain the status of minors on the territory of which the parents had permanent residence on the last day of the period referred to in Article 2 (1) if the parents do not have a common residence, the minors shall retain the nationality of the Contracting Party from the parents to which the minors live. Where parents have a permanent residence in the sovereign territory of a third State, minors shall retain the nationality of the Contracting Party in whose territory the parents had their permanent residence before removal. If parents have not had such a stay, they shall retain the nationality of the Contracting Party that has a mother.
(3) Minors shall retain the nationality of a Contracting Party which has parents if they have the same citizenship after the expiry of the period referred to in Article 2 (1).
(1) Minority persons, born before the date of entry into force of this Treaty, to whom one of the parents has died, or whose residence is unknown on the date of expiry of the period referred to in Article 2 (1), or whose parents have been deprived of parental rights, shall retain the citizenship of a Contracting Party which has the other parent.
(2) Where the parents of such minors have died, or the place of residence is unknown, or the parents of their parental rights have ceased, minors shall retain citizenship in accordance with Article 4 (2).
Preventing double citizenship
(1) Children born after the date of entry into force of this Treaty may, within three months of the birth of children, choose nationals of one Contracting Party by a declaration of agreement.
(2) Where parents elect children born in the sovereign territory of one Contracting Party who are nationals of another Contracting Party, they shall give a declaration of agreement to the diplomatic mission or to the competent consular office or, where appropriate, to the Ministry of Foreign Affairs of that Contracting Party.
(3) Where parents do not make a declaration of agreement, the children shall retain the citizenship of the Contracting Party in whose territory the parents were resident on the last day of the period referred to in Article 6 (1). If parents do not have a common residence, children shall retain the nationality of the Contracting Party of the parent to whom the children live. If parents have permanent residence in the sovereign territory of a third State, the children shall retain the nationality of the Contracting Party in whose territory the parents had permanent residence before removal. Unless the parents were staying. keep the children of the Contracting Party's citizenship, which my mother has.
(4) Where children are born in the sovereign territory of a third State, parents shall submit a declaration of agreement to a diplomatic mission or to the competent consular post or, where appropriate, to the Ministry of Foreign Affairs of the Contracting Party for whose citizenship the parents for the children have chosen. If they do not, they shall be treated in accordance with the preceding paragraph.
(1) Children, born after the date of entry into force of this Treaty, to whom one of the parents has died, or whose residence on the date of expiry of the period referred to in Article 6 (1) is unknown, or whose one of the parents is deprived of parental rights, shall retain the nationality of the Contracting Party which has the other parent.
(2) Where the parents of such children have died or are unknown to their place of residence, or the parents of their parental rights have ceased, the children shall retain citizenship in accordance with Article 6 (3).
Children, born within one year of the entry into force of the Treaty, shall retain their citizenship in the contractual tents of their parents if they have the same nationality after the expiry of the period referred to in Article 2 (1).
General and final provisions
(1) Where a declaration has been made under this Treaty, the persons concerned shall retain sole citizenship on the date on which the declaration was lodged.
(2) Where a declaration has not been lodged, the relevant persons shall retain their citizenship by the expiry of the time limits referred to in Articles 2 (1) and 2 (6) (1).
(3) Persons who retain the citizenship of one Contracting Party shall be subject to the rules on foreigners in the sovereign territory of the other Contracting Parties.
(1) Only elderly persons are entitled to submit declarations. For the purposes of this Treaty, aged persons shall be those who have reached the age of 18 or have, under the laws of one Contracting Party, the rights of aged persons.
(2) The declarations shall be made in writing, as a general rule in duplicate or orally in the minutes.
(3) Statements are not subject to administrative charges.
(1) The competent authority which accepted the declaration shall confirm its receipt to the depositary.
(2) If a Contracting Party which has been declared that the person to whom the declaration relates is not its national citizen under its law, the declaration shall be viewed as if it had not been lodged. The competent national authority of this Contracting Party shall inform the teller of the declaration accordingly.
(1) The Contracting Parties shall exchange between themselves by diplomatic means:
- within six months of the expiry of the period referred to in Article 2 (1), the lists of persons who have made the declaration referred to in Part I,
- quarterly lists of children for whom Part II declarations were made in the preceding quarter,
and that of their personal data.
(2) The lists shall be accompanied by one copy of the relevant declarations.
As from the date of entry into force of this Treaty, the Contracting Parties shall make the adoption of a decision on the acquisition of citizenship of one Contracting Party subject to the presentation of a document of release from the State Union of the other Contracting Party.
The Parties shall discuss matters relating to the implementation of this Treaty through diplomatic channels.
This Treaty will be ratified. It shall enter into force on the 30th day following the replacement of the instruments of ratification to be implemented in Berlin.
This Treaty shall be concluded for a period of five years and shall be extended by a further five years each time unless one Contracting Party denies it six months before the expiry of the relevant period.
This Treaty was drawn up in duplicate in each language in the Czech language and in the German language, the two texts being equally authentic.
Dane in Prague on 10 October 1973.
To prove that authority, they signed this contract and sealed it with their seals.
For
Czechoslovak Socialist
Republic of:
RSDr. Jaroslav Šilhavý v. r.
For
German Democratic
Republic of:
Dr Herbert Krolikowski v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 37 / 1974 Coll., on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on the regulation of double citizenship |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.1974 |
|---|---|
| Effective from | 31.03.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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