English Translation

Excerpted copy from the special print "Die Auslandsrunderlässung", 5th edition, page 9. Circular No.30 of 17 April 1934. /Dev.I 12528/34/rev. VI 1,2,5: Eighth decree on the implementation of the foreign exchange regulation. pp. III. Article III of the Eighth implementing regulation Binding determination of the alien or domestic property /. The question of whether a particular person is to be considered as a foreigner or national for the purpose of foreign exchange management is often twofold for persons who have left the country for foreign or foreign residence, if it is not clear whether the previous residence has been abandoned and a new residence has already been established and whether it is intended not only to maintain the current residence temporarily. This uncertainty affects in particular the Benks and other nationals who are in business with such persons, but also the persons concerned themselves will often have a legitimate interest in clarifying their foreign or domestic property clearly. In order to deal with these difficulties, Article III empowers the foreign nationals to determine, with binding effect - including for the courts - whether a person is a national, an expatriate or a Saarlander.In order to avoid excessive burden on the foreign exchange offices with such applications and to exclude abuses with such findings, I order the following: A decision under § 10 of the Regulation must be given only if there is a reasonable interest in the establishment, i.e. if, after the situation of the case, there are obvious or demonstrable doubts as to the residence of a person. The request for a declaration may also be made by a third party who has an interest in obtaining the opinion, in the following cases: