Article 10 Besides the penalty according to article 9, confiscation of the assets to which the punishable act applies, may be ordered by the court. Point 4 Final Regulations Further Measures 1. The Reich Commissioner for the Occupied Dutch Territories will take the measure necessary for the execution of this decree and will issue the regulations necessary for its execution or supplementation. 2. The Reich Commissioner for the Occupied Dutch Territories may make general legally binding decisions on questions of doubt which may result from the application of the regulations of this decree. He may delegate the powers mentioned in articles 1 and 2. Article 12 Time for enforcement This decree will become valid on the day of its promulgation. The Hague 22 October, 1940 The Reich Commissioner for the Occupied Dutch Territories SEYSS-INQUART TRANSLATION OF DOCUMENT 3334-PS OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH TERRITORIES, YEAR 1940 [Verordnungsblatt fuer die besetzten Niederlaendischen Gebiete] Part 42, Page 761. 231 Decree of the Reich Commissioner for the occupied Dutch Territories concerning the employment of Germans in Jewish households. By virtue of section 5 of the edict of the Fuehrer on the execution of governmental authority in the Netherlands of 18 May 1940 (RGBl. I. S. 118) I decree: Section 1 (1) German Nationals of German or related blood cannot be employed in households of which a Jew is the head, nor in families of which a Jew is a permanent or temporary member for a noninterrupted period of more than four weeks. (2) In the sense of paragraph I are considered as Jews, those who according to the regulations of section 4 of decree Nr. 189/ 1940 concerning the registration of enterprises, are Jews or are considered as such. Employed in a household are those who, in order to work there, are entirely or partially temporarily or continuously a member of the household or those who perform daily household work or other daily work directly or indirectly connected with the household without being a member thereof. (3) In exception to the regulations set forth in section I, employment based on an existing agreement is permissible: (1) from the time this decree becomes effective until 1 February 1941; (2) from the date on which occurs the fact confirming the regulation according to section 1 until the earliest date on which the employer can terminate the contract, however for a maximum of 30 days only. Section 2 (1) Contracts are void inasmuch as they contain the obligation for employment forbidden according to section 1. (2) The fact that the definitions of section 1 paragraph 1 can or will be applied to a contract, does not set forth an important reason for the employer in the sense of article 1639.P, section 1 of the Netherlands civil law. Section 3 (1) Employment of German Nationals violating the law of section 1 will be punished with imprisonment up to one year and a fine up to ten thousand guilders or one of these penalties. (2) The prosecution of a person not of German or Netherland nationality nor stateless requires the consent of the Reich commissioner for the occupied Netherland territories. (3) Deeds according to section 1 are punishable offences in the sense of paragraph 2 section 2 of the decree Nr. 52/1940 of the German jurisdiction for penal cases. Section 4 The Reich commissioner for the occupied Netherland territories may grant exemptions of the regulations of this decree. Section 5 This decree becomes effective on the day of its publication. The Hague, 19 December 1940 The Reich commissioner for the SEYSS-INQUART OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH [Verordnungsblatt fuer die besetzten Niederlaendischen Gebiete] 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 (RGBl. 1, S. 778) I hereby order as follows: Chapter I 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 partially to a 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 concern ing the claim. (2) Assets under writ of execution as well as promissary notes and other evidence have to be delivered with the registration. (1) Obliged to register is: 1. the creditor 2. the debtor Article 3 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 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 above, is void. (2) Only the banking firm of Lippmann, Rosenthal & Co., has the right of disposal of the claims and rights, 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. (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, pr 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. Article 4 is rescinded. III (2) The property values not seized in pursuance of the above mentioned former rules concerning the exemption limits have to 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 that 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. |