rijk/verdrag/verdrag-betreffende-beperking-van-gevallen-van-meervoudige-nationaliteit-en-betr/BWBV0004452

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag betreffende beperking van gevallen van meervoudige nationaliteit en betreffende militaire verplichtingen in geval van meervoudige nationaliteit	BWBV0004452	verdrag	geldend	1985-06-10	https://wetten.overheid.nl/BWBV0004452	Verdrag betreffende beperking van gevallen van meervoudige nationaliteit en betreffende militaire verplichtingen in geval van meervoudige nationaliteit

Verdrag betreffende beperking van gevallen van meervoudige nationaliteit en betreffende militaire verplichtingen in geval van meervoudige nationaliteit

Hoofdstuk I. Reduction of cases of multiple nationality

Artikel 1

1. Nationals of the Contracting Parties who are of full age and who acquire of their own free will, by means of naturalisation, option or recovery, the nationality of another Party shall lose their former nationality. They shall not be authorised to retain their former nationality.

2. Nationals of the Contracting Parties who are minors and acquire by the same means the nationality of another Party shall also lose their former nationality if, where their national law provides for the loss of nationality in such cases, they have been duly empowered or represented. They shall not be authorised to retain their former nationality.

3.

Minor children, other than those who are or have been married, shall likewise lose their former nationality in the event of the acquisition ipso jure of the nationality of another Contracting Party upon and by reason of the naturalisation or the exercise of an option or the recovery of nationality by their father and mother. Where only one parent loses his former nationality, the law of that Contracting Party whose nationality the minor possessed shall determine from which of his parents he shall derive his nationality. In the latter case, the said law may make the loss of his nationality subject to the prior consent of the other parent or the guardian to his acquiring the new nationality.

However, without prejudice to the provisions of the law of each of the Contracting Parties concerning the recovery of nationality, the Party of which the minor referred to in the foregoing paragraph possessed the nationality may lay down special conditions on which they may recover that nationality of their own free will after attaining their majority.

4. In so far as concerns the loss of nationality as provided for in the present Article, the age of majority and minority and the conditions of capacity and representation shall be determined by the law of the Contracting Party whose nationality the person concerned possesses.

5. Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 above, where a national of a Contracting Party acquires the nationality of another Contracting Party on whose territory either he was born and is resident, or has been ordinarily resident for a period of time beginning before the age of 18, each of these Parties may provide that he retains the nationality of origin.

6. Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 and 5 above, in cases of marriage between nationals of different Contracting Parties, each of these Parties may provide that the spouse, who acquires of his or her own free will the nationality of the other spouse, retains the nationality of origin.

7. Notwithstanding the provisions of paragraph 2 above, where applicable, when a national of a Contracting Party who is a minor and whose parents are nationals of different Contracting Parties acquires the nationality of one of his parents, each of these Parties may provide that he retains the nationality of origin.

Artikel 2

1. A person who possesses the nationality of two or more Contracting Parties may renounce one or more of these nationalities, with the consent of the Contracting Party whose nationality he desires to renounce.

2.

Such consent may not be withheld by the Contracting Party whose nationality a person of full age possesses ipso jure provided that the said person has his ordinary residence outside the territory of that Party.

Consent may likewise not be withheld by the Contracting Party in the case of minors who fulfil the conditions stipulated in the preceding paragraph, provided that their national law allows them to give up their nationality by means of a simple declaration and provided also that they have been duly empowered or represented.

3. The age of majority and minority and the conditions for being empowered or represented shall be determined by the law of the Contracting Party whose nationality the person in question desires to renounce.

Artikel 3

The Contracting Party whose nationality a person desires to renounce shall not require the payment of any special tax or charge in the event of such renunciation.

Artikel 4

Nothing in the provisions of this Convention shall preclude the application of any provision more likely to limit the occurrence of multiple nationality whether embodied or subsequently introduced into either the municipal law of any Contracting Party or any other treaty, convention or agreement between two or more of the Contracting Parties.

Hoofdstuk II. Military obligations in cases of multiple nationality

Artikel 5

1. Persons possessing the nationality of two or more Contracting Parties shall be required to fulfil their militairy obligations in relation to one of those Parties only.

2. The modes of application of paragraph 1 may be determined by special agreements between any of the Contracting Parties.

Artikel 6

Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are applicable to a person possessing the nationality of two or more Contracting Parties:

1. 1. Any such person shall be subject to military obligations in relation to the Party in whose territory he is ordinarily resident. Nevertheless, he shall be free to choose, up to the age of 19 years, to submit himself to military obligations as a volunteer in relation to any other Party of which he is also a national for a total and effective period at least equal to that of the active military service required by the former Party.
2. 2. A person who is ordinarily resident in the territory of a Contracting Party of which he is not a national or in that of a State which is not a Party may choose to perform his military service in the territory of any Contracting Party of which he is a national.
3. 3. A person who, in accordance with the rules laid down in paragraphs 1 and 2, shall fulfil his military obligations in relation to one Contracting Party, as prescribed by the law of that Party, shall be deemed to have fulfilled his military obligations in relation to any other Party or Parties of which he is also a national. The same shall apply to a person who has been relieved of or exempted from his military obligations or has fulfilled civil service as an alternative. A person who is a national of a Contracting Party which does not require obligatory military service, shall be considered as having satisfied his military obligations when he has his ordinary residence in the territory of that Party. Nevertheless he should be deemed not to have satisfied his military obligations in relation to a Contracting Party or Contracting Parties of which he is equally a national and where military service is required unless the said ordinary residence has been maintained up to a certain age, which each Contracting Party concerned shall notify at the time of signature or when depositing its instrument of ratification, acceptance or accession. Also a person who is a national of a Contracting Party which does not require obligatory military service shall be considered as having satisfied his military obligations when he has enlisted voluntarily in the military forces of that Party for a total and effective period which is at least equal to that of the active military service of the Contracting Party or Contracting Parties of which he is also a national without regard to where he has his ordinary residence.
4. 4. A person who, before the entry into force of this Convention between the Parties of which he is a national, has, in relation to one of those Parties, fulfilled his military obligations in accordance with the law of that Party, shall be deemed to have fulfilled the same obligations in relation to any other Party or Parties of which he is also a national.
5. 5. A person who, in conformity with paragraph 1, has performed his active military service in relation to one of the Contracting Parties of which he is a national, and subsequently transfers his ordinary residence to the territory of the other Party of which he is a national, shall be liable to military service in the reserve only in relation to the latter Party.
6. 6. The application of this Article shall not prejudice, in any respect, the nationality of the persons concerned.
7. 7. In the event of mobilisation by any Party, the obligations arising under this Article shall not be binding upon that Party.

Hoofdstuk III. Application of the Convention

Artikel 7

1.

Each Contracting Party shall apply the provisions of Chapters I and II.

It is however understood that each Contracting Party may declare, at the time of signature or when depositing its instrument of ratification, acceptance or accession, that it will apply the provisions of Chapter I or Chapter II only.

It may, at any subsequent time, notify the Secretary General of the Council of Europe that it will apply all provisions of Chapters I and II. Such notification takes effect from the date of its reception.

2. The provisions of Chapter I or II, as the case may be, shall be applicable only between Contracting Parties which apply the chapter in question.

Hoofdstuk IV. Final clauses

Artikel 8

1. Any Contracting Party may, when signing this Convention or depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in the Annex to the present Convention. No other reservation shall be permitted.

2. Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a notification addressed to the Secretary-General of the Council of Europe, which shall become effective as from the date of its receipt.

3. A Contracting Party which has made a reservation in respect of any provision of the Convention in accordance with this Article may not claim application of the said provision by another Party; it may, however, if its reservation is partial or conditional claim the application of that provision in so far as it has itself accepted it.

Artikel 9

1. Any Contracting Party may, by a declaration made to the Secretary-General of the Council of Europe on signature or on depositing its instrument of ratification, acceptance or accession, or at any subsequent time, with regard to States and territories for which it assumes international responsibility, or for which it is empowered to contract, define the term “nationals” and specify the “territories” to which the present Convention shall be applicable.

2. Any declaration made in accordance with this Article may, in respect of the nationals and territories mentioned in such declaration, be withdrawn according to the procedure laid down in Article 12 of this Convention.

Artikel 10

1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.

2. This Convention shall enter into force one month after the date of deposit of the second instrument of ratification or acceptance.

3. In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force one month after the date of deposit of its instrument of ratification or acceptance.

Artikel 11

1. After this Convention has come into force the Committee of Ministers of the Council of Europe may unanimously decide to invite any State which is not a Member of the Council to accede to it. Any State so invited may accede by depositing its instrument of accession with the Secretary-General of the Council.

2. The Convention shall come into force in respect of any State acceding thereto one month after the date of deposit of its instrument of accession.

Artikel 12

1. This Convention shall remain in force indefinitely.

2. Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary-General of the Council of Europe.

3. Such denunciation shall take effect one year after the date of receipt by the Secretary-General of such notification.

Artikel 13

The Secretary-General of the Council of Europe shall notify the member States of the Council and the Government of any State which has acceded to this Convention of:

(a) (a) any signature and any deposit of instruments of ratification, acceptance or accession; (b) (b) all dates of entry into force of the Convention in accordance with Articles 10 and 11 thereof; (c) (c) any reservation made in accordance with Article 8, paragraph 1; (d) (d) the withdrawal of any reservation in accordance with Article 8, paragraph 2; (e) (e) any declaration or notification received in accordance with provisions of Article 7 and Article 9, paragraph 1; (f) (f) any notification received in pursuance of the provisions of Article 9, paragraph 2, and of Article 12 and the date on which denunciation takes effect.