The Holocaust Historiography Project

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