EFFECTS OF ENLISTMENT IN NON-GOVERNMENTAL FORCES ON THE CITIZENSHIP OF U.S. NATIONALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-01065A000100080004-5
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 4, 2001
• Sequence Number: 4
• Publication Date: March 30, 1954
• Content Type: MEMO

Approved For Release 2001/09/06 : CIA-RDP80-01065A0001000800-4
MEMORANDUM FOR THE OPERATIONS COORDINATING BOARD
SUBJECT: Effects of Enlistment in Non-Governmental Forces
on the Citizenship of U. S. Nationals
In response to discussion at the GCB meeting of 24 March,
the following legal considerations concerning enlistment of
U. S. personnel in foreign military organizations is presented
for the information of the Boards
1. In the matter of enlistment of U. S. nationals in
foreign military forces: Title $, U.S. Code 1431 (a) (3) states that
a U. S. national will lose his nationality by serving in the armed
forces of a foreign state unless such service caiva sRecific prior
uthorization 'rpm the Secretaries of State and Defense,
a. This provision is, however, further affected by Title 8
USC 1451 (a) (2) which states that a loss of citizenship results for
a U. S. national who swears allegiance to a foreign government,
b. Further, S USC 1481 (a) (5) states that a U. S.
national loses his citizenship for voting in a political election.
c. Therefore, it is concluded that if a U. S. national is
authorized by the Secretaries of State and Defense to serve in a
foreign military force, and if such national does not swear allegiance
to the foreign government, and does not vote in any political
election involving that foreign government, his citizenship is protected
and there is no real legal obstacle to prevent such enlistment.
2. In the matter of service in a "foreign legion"-sponsored
by a foreign government, it would appear that such foreign legion
were legitimately part of the sponsoring country's military forces
and that service in such a legion would come under the same rules as
in 1. above.
3. In the matter of service by a U. S. national in an American-
sponsored foreign legion, no legal obstacle is apparent in view of
the fact that such a legion would, like the French Foreign Legion,
constitute part of the recognized military force of the United States.
There are, however, obvious drawbacks to such an American foreign
legion which could not be resolved legally since the matter of "inter-
vention" or "belligerency" would be determined by the enemy.
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4. Another possibility to be considered is service by a
U. S. national in a commercial or mercenary type non-governmental
force. For example, a "soldier of fortune" of U. S. or any other
nationality could, without any legal complications, it would
appear, raise his own force :of volunteers who would sign contracts
rather than swear allegiance and who then would be under contract
to fight for any government which the soldier of fortune chose to
deal with. It would appear that this alternative has many
possibilities in that it seems to be the most completely divorced
from governmental sponsorship and from the problems involved in
entering the service of a foreign state.
5. In the matter of recruitment, it would appear that no
problem is involved in recruitment other than those touched upon
above. Should a foreign government desire to recruit U. S.
nationals directly, all of the foregoing legal bars would need to
be considered. If a commercial or private or U. S. Government-
sponsored recruitment program took place, there would appear to be
no legal bar.
6. Legality is not the main issue in most instances;
rather, a balance between legality and desirability from a
political and psychological point of view is the criterion;
however, it is recommended that the Attorney General examine.any
selected course prior to implementation.
G eneral, USMC (Rat)
Assistant to the
Secretary of Defense
(Special Operations)
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