Mr. DULLES. That is a question of law.
Mr. SNYDER. This is a question of law which I really cannot answer.
And where we have an extradition treaty, I think there is no great
problem, perhaps, or at least the problem is somewhat different from
where we do not have an extradition treaty, as in the case of the
Soviet Union.
And I just don't know whether we are in the last analysis required to
take back a person who is no longer one of our citizens, and under
circumstances where we do not have an extradition treaty with the
nation, where that person now resides.
Representative FORD. Do we have an extradition treaty with the Soviet
Union?
Mr. SNYDER. No, sir.
Well, we did not at that time, and I don't think we have subsequently.
But we did not at that time.
Representative FORD. Do the legal advisers to the Department know
whether we have an extradition treaty now?
Mr. CHAYES. We do not have an extradition treaty with the Soviet Union.
The only bilateral treaty we have with the Soviet Union, the Senate has
not yet given advice and consent--but the only bilateral agreement is
the consular agreement.
But so long as I am on the record here, I don't see how the extradition
treaty has any bearing at all on the requirement of taking back a
former American citizen who may get into trouble in the other country.
That would be a matter governed by general principles of international
law, and also one's own humanitarian outlook on the particular
circumstance, rather than--or there could be treaty provisions perhaps,
commerce and navigation, that might bear on it. But in the usual case,
I think not.
Senator COOPER. May I ask a question here? It might save time.
Is there any statutory--any statute bearing on this question of
renunciation?
The CHAIRMAN. Senator Cooper, we just went through that, and it has
been put in evidence here, and the statute has been read and it is very
simple. All he has to do is go there and renounce before a consul or
State officer to satisfy the regulations and requirements of the State
Department, and he is out.
Isn't that correct, generally speaking?
Mr. CHAYES. Yes, sir.
Senator COOPER. Is there any other statute bearing upon the effect of
that renunciation with respect to any application or petition he might
make later to renew his citizenship in the United States? Is there any?
Mr. COLEMAN. I would assume, sir, if he has made a valid renunciation,
he is then just like any other non-American that wants to come into the
United States. He has to go through one of the immigration quotas.
Mr. SNYDER. He must get an immigration visa.
Senator COOPER. I remember during the war and after the war we had
problems with persons who had become naturalized citizens, and were
returned to their countries, and in effect renounced their citizenship
in various ways. As I remember, under certain circumstances they could
renew their citizenship with the United States. But, as I understand
it, there is no provision of law respecting a citizen of the United
States who actually renounces his citizenship.
Mr. CHAYES. The issues in all those cases, I believe, were whether the
purported expatriating act was actually an expatriating act. Whether
they had voted voluntarily or served in a foreign army voluntarily, or
something like that.
Senator COOPER. All this matter, the legal side of it, will be put into
the record?
Mr. COLEMAN. At 2 o'clock, sir.
Now, Mr. Snyder, after you wrote that letter to Mr. Boster, which
is Commission Exhibit No. 914, you received a reply to your letter
which was signed by Nathaniel Davis, acting officer in charge, Soviet
affairs, dated December 10, 1959, which has been marked Commission
Exhibit No. 915.
(The document referred to was marked Commission Exhibit No. 915 for
identification.)
Mr. SNYDER. Yes.
Mr. COLEMAN. Sir, also on December 1, 1959, you sent an airgram to the
State Department indicating that you had been informed that Oswald had
left the hotel at which he had been staying in Moscow, is that correct?
Mr. SNYDER. Yes, sir.
Mr. COLEMAN. I show you a document which has been identified as
Commission Exhibit No. 921, and ask you whether that is a copy of the
airgram you sent forward to the Department.
(The document referred to was marked Commission Exhibit No. 921 for
identification.)
Mr. SNYDER. Yes.
Mr. COLEMAN. In Exhibit No. 921, you stated that you felt that he had
not carried through with his original intent to renounce American
citizenship in order to leave a crack open. Now, what information did
you have which led you to put that in the airgram?