Decree No 71 / 1981 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on the avoidance of double citizenship
Valid
Effective from 05.07.1981
71
DECLARATION
Minister for Foreign Affairs
of 23 June 1981
on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on the avoidance of double citizenship
On 6 June 1980, the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics was signed in Moscow to prevent the creation of dual 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 Prague on 4 June 1981.
Pursuant to Article 8 (1) of the Treaty, the Treaty shall enter into force on 5 July 1981.
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 Union of Soviet Socialist Republics on the avoidance of double citizenship
President of the Czechoslovak Socialist Republic and Presidium of the Supreme Soviet Union of Soviet Socialist Republics,
led by efforts to prevent double citizenship,
have decided to conclude this contract and have appointed to that end their agents:
President of the Czechoslovak Socialist Republic
Jaromír Obzin,
Minister of Interior of the Czechoslovak Socialist Republic,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
Viktor Fyodorovich Malceva,
First Deputy Minister of Foreign Affairs of the Union of Soviet Socialist Republics,
who, after exchanging their full powers, found in good and proper form, have agreed on the following:
(1) Parents, one of whom is a State citizen of one Contracting Party and the other a State citizen of the other Contracting Party, may elect their child, born after the entry into force of this Treaty, citizenship of one of the Contracting Parties. The parents shall elect citizenship by a declaration made within three months from the date of birth of the child.
(2) If, after the entry into force of this Treaty, a minor child born outside marriage to a citizen of a Contracting Party is destined for paternity of a citizen of a State of the other Contracting Party, parents may choose that child by a consensual declaration of citizenship of one of the Contracting Parties within three months of the date of determination of paternity. When choosing citizenship for a minor child over 14 years of age, the validity of the parental consent shall be subject to his written consent.
(3) Parents who elect a child born on the territory of a Contracting Party to citizenship of the other Contracting Party shall submit a declaration of agreement to the diplomatic mission or consular post of the Contracting Party whose citizenship they have elected.
(4) The parents of a child born on the territory of a third State shall submit a declaration of agreement pursuant to paragraphs 1 and 2 to the diplomatic mission or consular post of the Contracting Party whose citizenship they have chosen for the child.
(5) Consent of parents and consent of a minor child aged 14 years or older shall be made in writing in duplicate. Where the declarations referred to in paragraphs 3 and 4 are not made in person by parents, their signatures shall be verified by the competent authority.
(6) The diplomatic mission or consular post to which the declaration of choice of citizenship has been lodged shall confirm its acceptance to the authorities.
(7) The Declaration on the Choice of Citizenship and its documents of acceptance shall not be subject to fees.
(8) The citizenship of the child chosen pursuant to paragraph 1 shall be deemed to be acquired on the date of birth of the child. The citizenship of the child chosen pursuant to paragraph 2 shall be deemed to be acquired on the date on which the declaration is lodged.
(1) If the parents who live together, one of which is a national of one Contracting Party and the other of the State of the other Contracting Party, do not submit an agreement on the choice of citizenship referred to in Article 1 (1), the child shall retain exclusively the citizenship of the Contracting Party in whose territory he was born. A child born in the territory of a third State shall retain the nationality of the Contracting Party in whose territory his parents had their last joint permanent residence before leaving for a third State. If the parents did not have such a stay, the child shall retain the nationality of the Contracting Party which has his mother.
(2) If the parents have not submitted a declaration of agreement on the choice of citizenship for the child referred to in Article 1 (2), the child shall retain the nationality of the Contracting Party which has his mother.
(3) Citizenship of the child determined in accordance with paragraphs 1 and 2 shall be deemed to have been acquired on the date of birth of the child.
(1) If the parents of a child living separately do not submit a declaration of agreement in accordance with Article 1, the child shall retain the nationality of the Contracting Party, which shall have one of the parents in whose custody the child is located on the date of expiry of the period referred to in Article 1.
(2) A child born after the entry into force of this Treaty whose parents have died or remained unknown or were deprived of parental rights by the date of expiry of the period referred to in Article 1 shall retain the nationality of the Contracting Party which has the other parent.
(3) A child whose parents have died or are not known to be resident or deprived of parental rights by the date of expiry of the period referred to in Article 1 shall retain the nationality of the Contracting Party in whose territory he was born. If a child is born in the territory of a third State, he or she shall retain the nationality of the Contracting Party which has, or has, the mother.
The Contracting Parties shall exchange, in the first quarter of each year, a list of the children for whom the parents have submitted the consent declaration referred to in Article 1 in the previous calendar year. A copy of his written consent shall be added to the list after each declaration of parents has been made and, in the selection of citizenship for a minor child over 14 years of age, a copy of his written consent.
From the date of entry into force of this Treaty, the competent authorities of the Contracting Parties shall take decisions on the acquisition of citizenship of one Contracting Party, depending on the presentation of a document of release from the State Union of the other Contracting Party.
(1) All issues which may arise in connection with the implementation of this Treaty will be addressed by diplomatic channels.
(2) The Contracting Parties shall draw up a uniform model of the Agreed Declaration on the Choice of Citizenship.
On the date of entry into force of this Treaty, Article 5 of the Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics on the treatment of citizenship of dual citizens, signed in Prague on 5 October 1957, expires.
(1) This Treaty is subject to ratification and will enter into force 30 days after the replacement of the instruments of ratification to be implemented in Prague.
(2) This contract is concluded for 5 years. It shall be renewed for another five years, unless one of the Contracting Parties denies it at least six months before its expiry.
Done at Moscow, 6 June 1980, in duplicate, each in Czech and Russian languages, the two texts being equally authentic.
For
Czechoslovak Socialist Republic:
J. Obzina v. r.
For
The Union of Soviet Socialist Republics:
V. F. Malcev v. r.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 71 / 1981 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on the avoidance of double citizenship |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.1981 |
|---|---|
| Effective from | 05.07.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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