-6-

POV 147/01

Ambar 11.

Dual nationality agreement between Spain and Argentina. No comment

required.

Annex 12.

Nationality agreement between Spain and Colombia. Art. 1: "Spaniards by origin and Colombians by birth may acquire Colombian or Spanish nationality respectively when they have been domiciled in the territory of the other State for a period of not less than two years [other agreements do not specify a qualifying period], by complying with the requirements laid down by the law of the State whose nationality they are acquiring and entering their names in registers prescribed by such law.... They will enjoy the status of nationals as from the date of entry in the register".

As with Annex 5, this agreement is basically concerned not with dual nationality but with the acquisition of a new nationality and subsequent recovery of the original one. However, Art. 4, second paragraph, provides that "In the event of dual nationality, [nationality] shall be determined in the light of the law of the Contracting State in whose territory the person concerned happens to be....". A conceivable reason for such a provision could be that dual nationality may not be recognised by the law of one of the Contracting States (Colombia).

Annex 13.

Agreement between Spain and Portugal specifying the civil rights of their respective nationals and the powers of Consular Agents appointed to protect them (1870) (This is not a dual nationality agreement). "Subjects of either country may travel and reside in the territory of the other on the same terms as nationals; they may establish themselves wherever they deem it appropriate to their interests, may acquire and possess moveable or real property of all kinds, carry on any kind of industry, engage in trade, whether wholesale or retail....(Art. 1).

Subjects of either country who wish to engage in trade or establish themselves for any reason in the other country must be provided with a registration document confirming the fact that they are Spanish or Portuguese which will be furnished by the diplomatic or consular

Share This Page