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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20400
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Greetings Marsha, My question is I am currently a citizen of

Customer Question

Greetings Marsha,
My question is I am currently a citizen of USA and was born here. I am considering becoming a dual citizen of Italy while still maintaining my US citizenship. I'm 33 years old and plan on continuing to live in the US. I understand military conscription is no longer in effect but in the event of a wartime draft in Italy what would be my military obligations being that i reside in the US as a dual citizen? Thank you
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
I understand this is an unlikely scenario but I want to make sure I have all of my grounds covered before I proceed with obtaining dual citizenship.
Please cite the Italian and American law regarding this question
Expert:  Marsha411JD replied 1 year ago.

Hello and thank you for the information and your question. As you may have discovered, Italy no longer has compulsory military service for most. In case you have not seen this information, below is an excerpt of the relevant information as it relates to military service for Italian citizens. There is a catch of sorts, for men born between 1976 and 1985, which I believe you would be. However, as long as you are not living in Italy, you could not be made to serve. You will though need to fill out a form that your local Italian Consulate should have to gain your exemption if there is such an action.

As you can imagine, especially in Italy, it would be a very remote chance that there would ever be another draft, since the legislature would have to actually reinstate the draft. In Italy, that would just be the longest of long shots. I say this knowing Italy well as my mother was Italian, I am a dual citizen and have spent much of my time there. But again, since you are in the U.S., you would be exempt after filling out the necessary form I referred to. Just like you are exempt from their taxes at this time. Please feel free to ask for clarification if needed.

On May 8, 2001, the Italian government passed a law (Art. 7 del D. Lgs. 8 maggio 2001 n. 215) making military service completely voluntary as of January 1, 2007. Females do not have any military obligations, nor does any male born on or after January 1, 1986. If you have already served in the US military or you are forty-five years or older, you do not have to serve in the Italian military. If you are twenty-seven or older and younger than forty-five, you can avoid military service by filling out some paperwork. If you are a male born between 1976 and December 31, 1985 and you want to live in Italy, in theory you are obliged to complete your military service unless you are enrolled in a university. Work exemptions also exist for those who meet certain qualifications (e.g. independent business-owners or members of a family business). We feel that, in reality, LEVA (the bureau regulating mandatory military service) is slowly winding down and is no longer tracking newly-recognized male Italian citizens for military service.

Customer: replied 1 year ago.
I was born In 1982. I have heard about this exemption form but cant find anything about it. I have spoken to the consualte and did not get very far with them."If you are twenty-seven or older and younger than forty-five, you can avoid military service by filling out some paperwork"
I dont belive this applies to draft law. this is for people ages 27-45. This is an old law appearantly Italy totally did away with conscription in 2007.
I would like the name of this document or a copy of it to read what it says. I would also like to see the italian law in writhing explaining what you told me.
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. This is the law: Art. 7 del D. Lgs. 8 maggio 2001 n. 215

Just to be clear, the law only exempts those born after 1986. Mandatory service would still technically be in force for those born in the years you were. But again, if you are not living in Italy, you are exempt.

However, I don't have access to it as I don't have access to the Italian statutes. I do understand that the Italian Consulates can be less than helpful at times, but should the issue of conscription come about in the way I mentioned, they would be responsible for handling the exemptions of U.S. residents with Italian citizenship. You could try contacting an international law firm that has a practice in Italy and the U.S. to try to get the law. However, I am not sure that you would want to spend the funds to go through this process with this being such a very very remote possibility.

Customer: replied 1 year ago.
This would be in the event of an active war time in Italy and they needed way more soldiers than they haveResiding in America wheres the law that says they cant draft me go over there to fight. is Italy a 4-c nation?Can Italy issue a warrant for my arrest with extradition out of US for not complying?Could I just renounce My citizenship at that point?
Expert:  Marsha411JD replied 1 year ago.

Here is the law. It is in Italian so unless you read Italian, you will need to have someone translate it for you:

As mentioned, there are treaties between the nations. I don't have that particular treaty though.

Could they issue a warrant for you not answering a conscription notice, no, because of the treaty I mentioned.

You would lose your citizenship (wouldn't have to renounce0 if you refused to show up.

Customer: replied 1 year ago.
How would I go about getting that treaty? I saw in another post you stated UK is a 4-c nation Is there a way to find out if Italy is a 4-c nation?
Expert:  Marsha411JD replied 1 year ago.

You would need to contact an International Law firm that has access to all of the treaties and laws. Again though, not sure it is worth an outlay of legal fees for such a remote issue. Yes, that is what I have been saying, there is a treaty that exempts dual citizens of the U.S. and Italy (in this case, but like the UK), from compulsory service in the country they are not living in or if they have already served in the other country's military.