Archive/File: imt/nca/nca-06/nca-06-3336-PS Last-Modified: 1996/12/03 Nazi Conspiracy and Aggression, Volume 6 [Page 64] TRANSLATION OF DOCUMENT 3336-PS OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH TERRITORIES, YEAR 1942. [Verordnungsblatt fuer die besetzten Niederlaendischen Gebiete] Part 13, Page 289. 58 Order of the Reich Commissioner for the Occupied Dutch Territories, concerning the treatment of Jewish property values. By virtue of article 5 of the Fuehrer's decree concerning the exercise of governmental authority in the Netherlands of May 18th 1940 (RGBI. 1, S. 778) I hereby order as follows: Chapter 1 Claims and other rights. Article 1 Claims of any kind have to be registered in writing with the banking firm of Lippmann, Rosenthal & Co., Amsterdam, if as on the effective date of this order or later, they belong wholly or to the person legally or really, who, according to the directives of article 4 of the decree No. 189/1940-concerning the registration of enterprises-is a Jew or has to be considered as a Jew. This does not concern claims of an enterprise that had to be registered by virtue of the decree No. 189/1940. Article 2 (1) With the registration has to be stated: 1. Name and address of the creditor, 2. Name and address of the debtor, 3. Nature and extent of the claim 4. Legal basis of the claim 5. Due Date 6. Rates of interest 7. Securities 8. All other important and essential particulars concerning the claim. (2) Assets under writ of execution as well as promissory notes and other evidence have to be delivered with the registration. Article 3 (1) Obliged to register is: 1. the creditor 2. the debtor 3. each person, who is entitled to represent the creditor or claims. (2) The fulfilment of the obligation to register on the part of the creditor or on the part of another person obliged to register [Page 65] is useful to the persons, obliged to register according to paragraph I, number 2 and 3. Article 4 The registration of such claims, which exist as of the effective day of this order has to be made until June 30, 1942. Claims which arise only after this order shall take effect, or which the person, who is obliged to register, has been informed of only after that time, have to be registered within one week. Article 5 The rules of articles 1-4 are applied accordingly to other legal or real rights, belonging wholly or partially to the property value of persons, mentioned in article 1, which are no claims, especially concerning rights on real properties and tangibles, shares in corporations as well as in companies and other associations, rights of reversion, rights for the protection of trade, copyrights and trade licenses. Article 6 The rules of articles 1-5 will not be applied: 1. to claims and rights dealt with in the order No. 148/1941 concerning the treatment of Jewish property values, 2. to such ownership of real property and such equal real property rights, rights of usufruct, let on lease or other rights of utilization, which have been properly registered in pursuance of article 2 of the Dejewfication order of Agriculture (No. 102-1941) 3. to such property like rights and mortgages which by virtue of article 3 of order No. 154/1941, concerning Jewish real property, have been duly registered; this also applies to the claims secured by mortgages. Article 7 Disposals of claims and other rights, which have to be registered according to the rules of articles 1 to 6, made after the effective date of this order are void save the directives of par. 2 and 3; as disposals have to be considered especially cessions, pledges, the acceptance of claims as well as renunciations. Any engagement entered into after this order has taken effect, in order to undertake legal transactions, mentioned in article 1. The rule of article 1, par. 2, does not apply to this banking firm. The debtor can only pay to the banking firm of Lippmann, Rosenthal & Co.; through such a payment he will have fulfilled his obligation. [Page 66] (3) Measures, taken by distraint, especially the execution of arrests and other temporary judicial measures against the claims and rights mentioned in article 1 are permissible only with the consent of the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finance and Economics) or of the office authorized by him. Measures taken without consent are void. (4) The rules of par. 1-3 are applied correspondingly to property-values, which have to be paid in pursuance of article 1 of the order No. 148/1941, or have to be deposited, or have to be assessed. This is retro-active from the date, the order mentioned has taken effect. Chapter II Exemption limit for property value as well as claims and other rights. Article 8 (1) The order No. 148/1941 will be changed as follows: I In article 1, par. 1, number 1, the second sentence is rescinded. II In article 1 par. 2, the second half sentence is rescinded. III Article 4 is rescinded. (2) The property values not seized in pursuance of the above mentioned former rules concerning the exemption limits have t be paid in, deposited or assessed immediately, latest June 30, 1942, according to article 1 of order No. 148/1941. Article 9 (1) Article 1, paragraph 1 of order No. 148/1941 in the final draft of article 8 of this order does not apply, if the total value of the cash-amount, checks, stocks, credit balances and deposits, belonging to a person of one household on the date, when this order has taken effect, does not exceed 250 Guilders. Article 1, par. 2 of order No. 148/1941 in the final draft of article 8 of this order does not apply, if the property values, falling to persons of one household, in addition to the property being in the possession of these persons at the time do not exceed 250 Guilders within the calendar month. (2) Claims and other rights belonging to persons of one household, can be disposed of during one calendar month up to the maximum amount of 250 Guilders; article 7 does not apply in this case. [Page 67] (3) Cash amounts and other property values falling to persons and exceeding the amount of 250 Guilders, have to be paid in, deposited or assessed immediately in pursuance of order No. 148/1941. Chapter III Collections, articles of virtue, articles made of precious metals and jewels. Article 10 Collections of all kinds, articles of virtue, articles of gold, platinum or silver as well as cut or raw precious or semi-precious stones and pearls have to be delivered to the banking firm of Lippmann, Rosenthal & Co., if they, legally or really, belong wholly or partially to a person, mentioned in article 1. This does not apply to the property of an enterprise, which has to register in pursuance of order No. 189/1940. Article 11 (1) If a person according to the rules of article 4 of order No. 189/1940 is a Jew or being considered a Jew, is married to a person, which is neither a Jew nor that he can be considered a Jew in accordance to the above mentioned rules, then article 10 will not be applied in cases where such articles belong to: 1. the Jewish husband, if there are descendants of this marriage who are not considered as being Jews according to the above mentioned rules; 2. the Jewish wife in case of a childless marriage (2) The rules of paragraph 1, number1 are also valid, if the marriage does not exist any more. (3) The regulations of par. 1 and 2 are not applied to marriages, which took place after May 9, 1940. Article 12 Article 10 does not apply: 1. to individual wedding bands and the wedding band of a deceased husband or wife; 2. to silver wrist and pocket-watches being in personal use; 3. to silver-ware in use, with the consideration, that each person belonging to the household of the owner is entitled to keep 4 pieces, namely: Knife, fork, table-spoon and tea-spoon. 4. to artificial denture, made of precious metals, as far as it is needed for personal use. [Page 68] Article 13 (1) The articles, mentioned in article 10, have to be delivered also if they belong to a third person. Such rights have to be registered in writing with the banking firm of Lippmann, Rosenthal & Co. within a month after the delivery. The consideration of rights which are claimed after the expiration of this time, can be refused without giving any reason. (2) The banking firm of Lippmann, Rosenthal & Co. is responsible for claims, which are secured by rights as mentioned in par. 1. The person who is entitled to it can ask for an appropriate compensation for rights, which do not serve as the security of claims. The responsibility of the banking firm is limited to the extent of the selling value of the delivered goods. (3) Legal security and executable measures which were ordered before this order has taken effect, are considered as being effective against the banking firm of Lippmann, Rosenthal & Co. after the delivery has been made. Article 14 (1) The obligation for delivery rests with the owner (article 10). (2) besides, the following persons are also obliged to deliver: 1. Whoever is authorized to represent the owner. 2. whoever in the Occupied Netherlands Territories administers, possesses, keeps in custody or guards articles, which according to the rules of articles 10 to 12 have to be delivered. Article 15 The delivery has to be made immediately, latest until June 30, 1942. If the articles have been acquired after this date, they have to be delivered immediately, latest within one week after the acquisition. Article 16 Only the banking firm of Lippmann, Rosenthal & Co. has the right of disposal of the articles which have to be delivered according to the rules of articles 10-12. The provisions of article 7, paragraph 1-3 are to be applied accordingly. Chapter IV Obligatory Information Article 17 (1) Whoever is asked for information by the banking firm of Lippmann, Rosenthal & Co., which is charged to carry out the directives of this order or order No. 148/1941 has to answer the questions completely and truly. [Page 69] (2) If requested, books, vouchers and other material of evidence have to be presented to the banking firm. Chapter V Horses, land and water vehicles Article 18 (1) If horses, land or water vehicles belong legally or really to a person in article 1, they have to be registered with the Central Office for Jewish Emigration, Amsterdam, until June 30, 1942. (2) Only the Commissioner General of the Security Service has the right of disposal of the articles described in par. 1. The rules of article 7, par. 1-3 are applied accordingly. Chapter VI Penal Code Article 19 (1) Who purposely violates or evades the rules of this order or who purposely prevents property values, which are subject to seizure according to the rules of this order or order No. 148/1941, will be sentenced to prison or fined with an unlimited amount, or both. (2) If the act was committed by negligence, the penalty is imprisonment up to one year or a fine of up to 100.000 Guilders. Article 20 (1) In addition to this penalty a confiscation of the values, concerned by the punishable action, can be decided upon. (2) If no certain person can be prosecuted or sentenced, the confiscation may be ordered independent of this fact. Article 21 (1) The prosecution takes place only upon request by the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for Finance and Economics, respectively in the cases of chapter V: Commissioner General for the Security Service). (2) The sentence proposed can be revoked until it has been pronounced by the highest court without further appeal. Article 22 The actions punishable according to article 19 are punishable offenses in the sense of article 2, paragraph 2, of order No. 52/1940 concerning the German jurisdiction over criminal acts in the final draft of order No. 56/1942. Article 23 (1) The values concerned by a criminal at according to article 29, may also be confiscated through administrative measures. [Page 70] (2) In this case, the confiscation will take place by order of the Reich Commissioner for the Occupied Netherlands Territories (Commissioner General for the Security Service) ; it is valid by public announcement or by notifying the person concerned. If the confiscation concerns articles or rights which in pursuance of a legal order are registered in a public register, it has to be registered with this register immediately without charge upon request of the Reich Commissioner (Commissioner General for the Security Service). (3) The Reich Commissioner (Commissioner General for Finance and Economics) respectively in the cases of section V; Commissioner General for the Security Service will decide upon the use of the confiscated property values. Chapter VII Final regulations The obligation for registration or delivery as confirmed by this order-does also exist if the property values concerned have been registered in pursuance of order No. 26/1940 dealing with the management of enemy values, or in pursuance of other orders. Article 6 is not effected by it. Article 25 (1) The Reich Commissioner for the Occupied Netherland Territories-Commissioner General for Finance and Economics, respectively in cases of section V. Commissioner General for the Security-takes the measures necessary for the execution of this order. He can permit deviations of the rules of this order. Furthermore he can makes general legally binding decisions in doubtful applications of this order. (2) The Reich Commissioner (Commissioner General for Finance and Economics) can transfer the authority which was given to the banking firm of Lippman, Rosenthal & Co., in pursuance of the rules of this order, or in pursuance of order No. 148/1941 to another party. Article 26 This order shall take effect as of the date of publication. The Hague, the 21st of May 1942. The Reich Commissioner for the Occupied Dutch Territories Signed: SEYSS-INQUART
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