United Nations Treaty Series/Volume 318/1/4608
No. 4608
UNION OF SOVIET SOCIALIST REPUBICS
and
HUNGARY
Official texts: Russian and Hungarian.
Registered by the Union of Soviet Socialist Republics on 29 December 1958.
[Translation — Traduction]
The Government of the Union of Sovet Socialist Republics and the Government of the Hungarian People's Republic,
Considering that in the territory of the Contracting Parties there are a number of persons whom both Contracting Parties, in accordance with their legislation, regard as their citizens, and
Desiring to eliminate any cases of dual citizenship on the basis of free choice of citizenship by the persons concerned,
Have resolved to conclude this Convention and to that end have appointed as their plenipotentiaries:
The Government of the Union of Soviet Socialist Republics:
E. I. Gromov, Ambassador Extraordinary and Plenipotentiary of the Union of Soviet Socialist Republics in the Hungarian People's Republic;
The Government of the Hungarian People's Republic:
Dr. Endre Sik, First Deputy Minister of Foreign Affairs of the Hungarian People's Republic,
Who, having exchanged their full powers, found in good and due form, have agreed as follows:
Article 1
Persons resident in the territory of one Contracting Party, whom both Contracting Parties regard as their citizens may, in accordance with this Convention, opt for the citizenship of either Party.
Article 2
Persons to whom article I of this Convention applies who are resident in the territory of one Contracting Party and who wish to opt for the citizenship of the other Contracting Party shall file a declaration to that effect with the Embassy of the latter Party. The time-limit for filing declarations of option shall be one year from the date of the entry into force of this Convention.
Article 3
The declarations mentioned in article 2 above may be filed only by persons of full age. For the purpose of this Convention, "persons of full age" means persons who have attained the age of eighteen years or persons under the age of eighteen years who are married.
Article 4
1. Persons under full age shall follow the citizenship of their parents, where both parents, in accordance with the provisions of this Convention, have the same citizenship.
2. Where, in accordance with this Convention, one parent opts for the citizenship of one Contracting Party and the other for the citizenship of the other Contracting Party, the citizenship of their children under full age shall be determined by agreement between the parents and recorded in a declaration filed in accordance with article 2 of this Convention. In the absence of such agreement, the children shall retain the citizenship of the Contracting Party in whose territory they are resident at the time of the parent's option for citizenship.
Children whose parents reside separately shall retain the citizenship of the parent in whose custody they are, unless the parents agree otherwise.
3. Children under full age whose parents are dead or the whereabouts, of whose parents are unknown, shall retain the citizenship of the Contracting Party in whose territory they are resident on the date of the expiry of a period of one year from the date of the entry into force of this Convention.
Article 5
1. Persons to whom article 1 of this Convention applies and whose declarations of option are accepted shall be regarded as the citizens solely of that Contracting Party whose citizenship they have chosen.
2. Where the Contracting Party deciding on the declaration does not grant the applicant the citizenship for which he opted, the applicant shall be regarded as having filed no declaration and his citizenship shall be determined in accordance with the provision of article 6 of this Convention.
3. The Contracting Parties shall, within eighteen months from the date of the entry into force of this Convention, tansmit to each other information on such declarations of option for their citizenship as they have accepted.
Article 6
Persons who fail to file a declaration within the time-limit specified in article 2 of this Convention shall be regarded as citizens solely of that Contracting Party in whose territory they are resident.
Article 7
Persons whose declarations of option for the citizenship of the other Contracting Party have been accepted may retain their former place of residence; such persons shall have the status of aliens.
Article 8
The declarations provided for in article 2 of this Convention and the decisions relating to them shall not be subject to any taxes.
Article 9
1. This Convention shall be ratified. The exchange of the instruments of ratification shall take place at Moscow.
2. The Convention shall enter into force on the thirtieth day from the date of the exchange of the instruments of ratification.
3. After the exchange of the instruments of ratification, the Contracting Parties shall, for the information of the persons concerned, publish the text of this Convention in the Press.
Done at Budapest, on 24 August 1957, in duplicate, in the Russian and Hungarian languages, both texts being equally authentic.
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For the Government |
For the Government |
EXCHANGE OF LETTERS
I
THE CHAIRMAN OF THE HUNGARIAN DELEGATION
Budapest, 24 August 1957
Mr. Chairman,
With respect to the Convention between the Union of Soviet Socialist Republics and the Hungarian People's Republic regulating the citizenship of persons having dual citizenship, signed today,[2] I have the honour to inform you that, in accordance with Hungarian legislation, persons resident in the territory of the Transcarpathian Region of the Ukrainian Soviet Socialist Republic, irrespective of their national origin, who acquired Hungarian citizenship owing to the integration of the territory of the Transcarpathian Region with Hungary in 1939, are not considered Hungarian citizens, inasmuch as, under the Peace Treaty of 1947[3] and the legislative enactments based on the Peace Treaty, these persons ceased to be Hungarian citizens unless they were resident in the territory of the Hungarian People's Republic on 1 January 1948. Accordingly, the Convention signed today does not apply to these persons.
I have the honour to be, etc.
Sik Endre
Mr. E. I. Gromov
Chairman of the USSR Delegation
Ambassador Extraordinary and Plenipotentiary of the USSR in the Hungarian People's Republic
II
THE CHAIRMAN OF THE USSR DELEGATION
Budapest, 24 August 1957
Mr. Chairman,
I have the honour to acknowledge receipt of your letter, which reads as follows:
[See letter I]
The contents of the above letter have been duly noted.
I have the honour to be, etc.
Gromov
Dr. Endre Sik
Chairman of the Hungarian Delegation
First Deputy Minister of Foreign Affairs of the Hungarian People's Republic