Section 8

The Reichs Minister of the Interior is authorized to issue legal and

administrative regulations for the administration and enforcement of

this law.

Berlin 26 May 1933

The Reich Chancellor

Adolf Hitler

The Reich Minister of the Interior

Frick

TRANSLATION OF DOCUMENT 1397-PS

1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.

Law for the Reestablishment of the Professional Civil Service 7 April

1933

The Reichsgovernment has enacted the following law, which is hereby

proclaimed:

Art. 1

1. For the reestablishment of a national professional civil service and

for the simplification of administration, officials may be discharged

from office according to the following regulations, even when the

necessary conditions according to the appropriate law do not exist.

2. Officials, as used in this law, means immediate [unmittelbare] and

mediate [mittlebare] officials of the Reich, immediate and mediate

officials of the federal states [Laender], officials of communes

[Gemeinde] and communal associations, officials of public legal

corporations as well as institutions and undertakings placed upon the

same status as these public legal corporations (Third decree of the

Reichspresident for the safeguarding of business and finance of 6

October 1931-RGBl. I P. 537, 3rd part, Chapter V, Section I, Art. 15,

subparagraph 1). The stipulations apply also to employees of agencies

supplying social insurance, who have the rights and duties of officials.

3. Officials as used in this law also includes officials in temporary

retirement.

4. The Reichsbank and the German State Railway Co. are empowered to

make corresponding regulations.

Art. 2

1. Officials who since 9 November 1918 have attained the status of

officials without possessing the required or usual preparation or other

qualifications are to be dismissed from service. Their former salaries

will be accorded them for a period of 3 months after their dismissal.

2. A right to waiting allowances, pensions, or survivors pension and to

the continuance of the official designation, the title, the official

uniform and the official insignia is not possessed by them.

3. In case of need a pension, revocable at any time, equivalent to a

third of the usual base pay of the last position held by them may be

granted them, especially when they are caring for dependent relatives;

reinsurance according to the provisions of the Reich's social insurance

law will not take place.

4. The stipulations of Section 2 and 3 will receive corresponding

application in the case of persons of the type designated in Sec. 1,

who already before this law became effective had been retired.

Art. 3

1. Officials, who are of non-aryan descent, are to be retired; insofar

as honorary officials are concerned, they are to be removed from

official status.

2. Section 1 is not in effect for officials who were already officials

since 1 August 1914, or who fought during the World War at the front

for the German Reichs or who fought for its allies or whose fathers or

sons were killed in the World War. The Reichsminister of the Interior

can permit further exceptions in understanding with the appropriate

special minister or the highest authorities of the federal states in

the case of officials abroad.

Art. 4

Officials, whose former political activity does not offer a guarantee

that they at all times without reservation act in the interest of the

national state can be dismissed from service. For a period of 3 months

after dismissal they are accorded their former salary. From this time

on they receive 3/4 of their pension and corresponding survivor's

benefits.

Art. 5

1. Every official must allow himself to be transferred to another

office of the same or equivalent career, even into such a one having

less rank or regular salary--reimbursement for the prescribed costs

of transfer taking place, if the needs of the service require it. In

case of transferment to an office of lower rank and regular salary the

official retains his previous official title and the official income of

his former position.

2. The official can, in place of transfer to an office of lesser rank

and regular income (section 11) demand to be retired.

Art. 6

For the simplification of administration officials can be retired, even

if they are not yet unfit for service. If officials are retired for

this reason, their places may not be filled again.

Art. 7

1. Dismissal from office, transfer to another office and retirement

will be ordered by the highest Reichs or federal state agency which

will render final decision without right of appeal.

2. The dispositions according to Art 2 to 6 must be made known at the

latest by 30 Sept 1933 to those affected. The time can be shortened by

agreement with the Reichsminister of the Interior, if the appropriate

Reichs or federal state agency declares that the measures authorized in

this law have been carried out.

Art. 8

A pension will not be granted to the officials dismissed or retired

in accordance with Art 3 and 4, if they have not completed a term of

service of at least 10 years; this applies also in the cases in which

according to the existing stipulation a pension is already accorded

after a shorter term of service. Articles 36, 47 and 49 of the Reichs

officials' law, the law of 4 July 1921 on increased computation of

time in service accomplished during the war (RGBl p. 825) and the

corresponding provisions of federal state laws remained unchanged.

Art. 9

1. In the calculation of length of service valid for pension purposes,

excepting time of service accrued in their last employment, only a term

served in the Reichs, Federal State, or communal service according

to the existing regulations may be credited to officials dismissed

or retired according to Articles 3 and 4. Also accrediting of this

length of service is only permissible, if it bears some relationship in

preparation or career to the position last held; such a relationship of

lower career to a higher one is to be regarded as an orderly promotion.

If the official would have obtained a higher pension by the addition of

later years of service to time served in an earlier position regularly

obtained by qualifications and preparation, the ruling more favorable

to him takes precedence.

2. The implementative regulations govern the calculation of time served

with public corporations and with institutions and undertakings placed

upon the same basis as these public corporations.

3. Accreditation and certification of time served valid for pension

purposes, which conflict with the carrying out of the provisions of

Section 1, are nullified.

4. In the case of officials of the Reich and of public corporations,

institutions, and agencies under the supervision of the Reich, the

Reichsminister of the Interior in agreement with the Reichsminister of

Finance can mitigate hardships; the highest federal state authorities

can do the same in the case of other officials.

5. Sections 1 to 4 as well as Article 8 will also be applied to such

officials who already, before this law came into effect, were retired

either permanently or temporarily upon whom Articles 2 to 4 would have

been applied if the officials had been still in service at the time

this law came into effect. The new accrediting of time of service valid

in the calculation of pensions and the accrediting of pensions and of

waiting allowances must, at the latest, take place on 30 Sept 1933 with

effect as of 1 Oct 1933.

Art. 10

1. Guiding principles, which are established for the amount of pay for

officials will be based upon the calculation of service remunerations

and pension. In case decisions by the competent authorities on the

applying of the guiding principles do not yet exist, they are to be

issued without delay.

2. After decisions by the competent authorities concerning the

application of the guiding principle have been made, if officials are

found to have received higher remunerations than are due them according

to the decisions, they then have to reimburse the surplus amounts

received since 1 April 1932 at the pay office where the payments were

given out. The argument of no longer existing enrichment (Articles

812vBGB and subs) is excluded.

3. Subsections 1 and 2 are valid also for persons who have been retired

inside of one year before this law became effective.

Art. 11.

1. If, in the accrediting of pay-seniority of officials who leave

the service on account of Articles 3 and 4, employment outside of

the Reichs, Federal State, or communal service has been calculated,

then the pay-seniority is to be newly calculated. Therein only an

employment in the Reichs, Federal State, or communal service, or

according to the implementative regulations, in the service of public

corporations and institutions and undertakings equivalent to the former

may be accredited. Exceptions can be permitted by the Reichsminister

of the Interior in agreement with the Reichsminister of Finance for

Reichs officials; for other officials, by the highest federal state

authorities.

2. If a new accrediting of pay-seniority according to Section 1 comes

into consideration, then in the case of officials retired or dismissed

according to Articles 3 and 4, the new determination of pay-seniority

will be carried out in conjunction with the determination of the

pension amount.

3. The same is valid for the persons named in Article 9, Section 5.

Art. 12.

1. The salaries of Reichsministers appointed since 9 Nov 1918, which

are not calculated according to the provisions of Articles 16 to 24 of

the Reichsminister law of 27 March 1930 (RGBl I P. 96) are to be newly

calculated. In the new calculation, the above-mentioned provisions of

the Reichsminister law are to be applied as if they had been already

in effect at the time of the Reichsminister's dismissal from office.

According to this law, excess payments received since 1 April 1933 are

to be paid back. The argument of no longer existing enrichment (Article

812 and subs BGB) is inadmissible.

2. Section 1 will receive application upon the members of the federal

state government appointed since 9 Nov 1918 with the provision that in

place of the Reichsminister law the corresponding provisions of the

federal state law will be in effect; however, payments may only be made

to the amount which results from the application of the fundamental

principles of Articles 16 to 24 of the Reichsminister law.

3. The new calculation of payments must take place before 31 December

1933.

4. Retroactive payments will not take place.

Art. 13.

The survivors payments will be calculated with corresponding

application of Articles 8 to 12.

Art. 14.

1. Against the officials who have been dismissed or transferred upon

the authority of this law, the institution of civil service punishment

proceedings on account of misdemeanors committed while in office with

the object of cancellation of pension, survivors benefits, designation

of office, title, official uniform and insignia. The institution of the

proceedings must take place on 31 December 1933 at the latest.

2. Section 1 is also valid for persons who within one year of the date

that this law becomes effective have been retired and upon whom the

Articles 2 and 4 would have been applied, if these persons had still

been in service when this law came into effect.

Art. 15.

The provisions concerning officials will be applied in an appropriate

manner to employees and workers. The implementative regulations govern

detailed application.

Art. 16.

If unreasonable hardships occur in the carrying out of this law, then

higher payments or transition money may be granted in accordance with

the general regulations. The decisions in this matter will be made by

the Reichsminister of the Interior in agreement with the Reichsminister

of Finance in the case of Reichs officials, in other cases by the

highest federal state authorities.

Art. 17.

1. The Reichsminister of the interior will issue in agreement with the

Reichsminister of Finance, the necessary regulations for the execution

and carrying through of this law and the general administrative

provisions.

2. If necessary the highest federal state authorities will issue

supplementary regulations. In this matter they must confine themselves

to the framework of the Reichs regulations.

Art. 18.

With the expiration of the periods established in this law, the general

provisions valid for the professional civil services will be again

completely valid, without prejudice to the measures taken on the basis

of this law.

Berlin, 7 April 1933

The Reichschancellor

Adolf Hitler

The Reichsminister of the Interior

Frick

The Reichsminister of Finance

Count Schwerin von Krosigk

TRANSLATION OF DOCUMENT 1398-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law to Supplement the Law for the Restoration of the Professional

Civil Service of 20 July 1933

The Reich government has enacted the following law, which is hereby

promulgated:

The Law for the Restoration of Civil Service from 7 April 1933 (RGBl I,

page 175) is supplemented as follows:

1. The following is added to Article 2:

Article 2a

1. Officials, who have belonged to the communist party or to

communistic auxiliary or collateral organizations, or otherwise have

been active in furthering the aims of Communism, are to be discharged.

Discharge is not necessary for (a) officials, who before 30 January

1933 joined a party or an organization, which has placed itself behind

the government of the national revolution, and (b) officials, who have

distinguished themselves exceptionally in the national movement.

2. Officials, who in the future are active for Marxism (Communism or

Social-Democracy) are to be discharged.

3. The following are the bases on which officials are discharged: Sec.

1,--Sec. 2,--Art. 2, Sec. 1, sentence 2--Secs. 2 and 3.

Berchtesgaden, 20 July 1933

The Reich Chancellor

Adolf Hitler

For the Minister of the Interior:

The Reich Minister of Finance

Count Schwerin von Krosigk

The Reich Minister of Finance

Count Schwerin von Krosigk

PARTIAL TRANSLATION OF DOCUMENT 1400-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law Changing the Regulations in regard to Public Officers, June 30,

1933

Chapter 2

Article 1a

1. Only such persons may be appointed Reich officials who possess for

their career the prescribed education or customary training or who

have special qualifications for the office about to be given, and

who guarantee that they will support the Reich at all times without

reservation.

2. Women may only be appointed Reich officials for life when they have

completed the 35th year.

3. Anyone of non-Aryan descent, or married to a person of non-Aryan

descent, may not be appointed a Reich official. Reich officials of

Aryan descent who marry a person of non-Aryan descent are to be

discharged. The question of who is of non-Aryan descent is to be

decided by regulations decreed by the Reich Minister of the Interior.

4. If urgent requirements of the administration so necessitate,

the highest Reich officials may make exceptions in individual

cases--exceptions from the provisions of (2) with the approval of the

Reich Minister of Finance, exceptions from the provisions of (3) with

the approval of the Reich Minister of the Interior.

* * * * *

Article 6

1. The provisions are also to be applied to the civil service

regulations of the states, local communities, and of the other bodies,

institutions, and foundations of public law * * *.

2. The German State Railways, the Reichsbank, the public-legal

religious societies, and the confederations are empowered to issue

similar regulations.

Chapter 3

* * * * *

Article 7

2. When the economic status of a female official appears to be

permanently secured because of a family income, the officials * * * may

order a dismissal. The conditions for dismissal are always present when

the husband is a permanent official not subject to dismissal.

Chapter 8

* * * * *

Article 40

1. The states and the bodies of public law not supervised by the states

are empowered and compelled to lower the incomes of their officials

insofar as they are higher than the incomes of Reich officials of

equal rank. The Reich ministers and the Reich chancellor are to be

considered as Reich officials within the scope of this chapter.

Sentence 1 is not applicable to university teachers; for them the

special rules of Section 44 apply. Similarly, the Reich Government or

the state governments may make different rules in other cases in which

the scholarly or artistic significance of an office requires a special

evaluation.

2. The local communes, and the other bodies of public law which

are under the supervision of the state officials are empowered and

obligated to reduce the salaries of their officials, insofar as they

are higher than the salaries of state officials, of corresponding rank.

* * * * *

Article 44

1. The state governments are empowered to alter or annul the assurances

given to university professors before this chapter became effective.

They are not bound hereby to agreements, compromises, legal judgments

or arbitration decisions.

* * * * *

Chapter 13

* * * * *

Article 77

1. Insofar as the execution of the provisions of this law requires it,

deviations from the Reich constitution and from the state constitutions

are permissible.

Berlin, 30 June 1933

The Reichschancellor

Adolf Hitler

The Reichsminister for Finance

Graf Schwerin von Krosigk

The Reichsminister of the Interior

Frick

TRANSLATION OF DOCUMENT 1401-PS

1933 REICHSGESETZBLATT, PART I, PAGE 188

Law Regarding Admission to the Bar, 7 April 1933

The Reich Government has enacted the following law that is promulgated

herewith:

Art. 1. The admission of lawyers who, according to the Law for the

Restoration of the Professional Civil Service, of April 7, 1933 (RGBl,

I 175), are of non-Aryan descent, may be cancelled till September 30,

1933.

The provision of clause 1 does not apply to lawyers already admitted

before August 1, 1914, or, who, during the World War fought at the

front for Germany, or her allies, or who lost their fathers or sons in

the World War.

Art. 2. Persons who, according to the Law for the Restoration of the

Professional Civil Service of April 7, 1933 (RGBl. I, p. 175) are of

non-Aryan descent, may be refused permission to practice law, even if

there exists none of the reasons enumerated in the Regulations for

Lawyers. The same rule applies in cases, as where a lawyer described in

Section 1, clause 2, wishes to be admitted to another court.

Art. 3. Persons, who were active in the communistic sense are excluded

from the admission to the Bar. Admissions already given have to be

revoked.

Art. 4. The Justice-Administration can issue an injunction against a

lawyer until it is decided, if use will be made of the right to revoke

the admission in accordance with Art 1/1, or Art 3. The prescriptions

of Art 9/b/2-4 of the Bar regulation (Reichs-Law-Publication 1933, I,

page 120) apply accordingly to the injunction against representation.

Against lawyers of that type as described in Art. 1/2 the injunction

against representation is only then permissible when the use of Art. 3

is concerned.

Art. 5. To revoke the admission to the Bar is considered an important

reason for the cancelling of employment contracts, which were concluded

by the lawyer as employer.

Art. 6. In case the admission of a lawyer is revoked in accordance

with this law, then for the cancelling of leases of rooms, which were

rented by the lawyer for himself or his family, the regulations of the

law about the cancelling right of persons concerned by the law for the

renovation of professional bureaucracy, 7 April 1933, (RGBl. Part I,

page 187) will accordingly be used. The same will apply to employees of

lawyers, who lost their job owing to the fact that the admission of the

lawyer was revoked or an injunction against representation against him

was issued in conformity with Art. 4.

Berlin, 7 April 1933

The Reichs-Chancellor

Adolf Hitler

The Reichs-Minister for Justice

Dr. Guertner

PARTIAL TRANSLATION OF DOCUMENT 1402-PS

1933 REICHSGESETZBLATT, PART I, PAGE 685

The Homestead Law, Sept. 29, 1933

The Reich Government desires to maintain the peasantry as the

well-spring of the German people by securing the German tradition of

ancestral rights.

The Reich Government, therefore, has enacted the following law. The

basic thoughts of the law are:

* * * * *

The owner of an hereditary manor is called a peasant.

Only a respectable person who is a German citizen and has German or

cognate blood may be a peasant.

* * * * *

Section 12

Only a German citizen can be a peasant.

Section 13

Requirement of German or cognate blood.

(1) Only a person of German or cognate blood may be a peasant.

(2) A person is not considered German or as having cognate blood, if

his paternal or maternal ancestors have Jewish or colored blood in

their veins.

(3) The first of January, 1800, is the day that decides whether the

premises of Section I obtain. In case of doubt whether the premises

of Section I obtain, the inheritance court decides on a motion of the

owner or of the district leader of the peasants.

Berlin 29 Sept 1933.

TRANSLATION OF DOCUMENT 1403-PS

1937 REICHSGESETZBLATT, PART I, PAGE 1333

Law on the Granting of Indemnities in Case of Confiscation or Transfer

of Property, 9 December 1937

The Reich government has decided to proclaim the following law:

Chapter 1. Property of Communists, Enemies of the People and the State

Article 1

If objects and rights have been seized in favor of a state on the

basis of the law on the confiscation of communist property of 26 May

33 (RGBl I, page 293) or of the law on the confiscation of property of

enemies of the people and the state of 14 July 1933 (RGBl I, page 479)

before the law became effective, the state shall not be responsible for

the claims which have arisen against the former owner of the seized

property or rights.

Article 2

1. Rights, which are still existing at the time this law becomes

effective and apply to confiscated objects, are deemed expired with

the seizure. The same is true in the case of guarantees on property

which has been confiscated.

2. Section 1 is not being applied if the seized objects have already

been sold by the state before this law became effective.

Article 3

1. Corporations are not responsible for liabilities from the time

before the confiscation, if all the shares have been transferred by

confiscation to the property of a state, unless the liabilities were

recovered by the sequestration decreed for the preparation of the

seizure.

2. The existing rights of third persons in the property of such

corporations will be considered as expired.

Article 4

Legal personalities, corporations, or legally incompetent associations,

whose property has been confiscated, are considered as dissolved by the

seizure. A liquidation does not take place.

Article 5

Claims against the owners of property mentioned in Article 4 shall be

deemed expired through confiscation of the property. The same applies

to individual members or partners of associations. The affidavits and

other liabilities existing in order to insure the safeguarding and

guarantees of such claims are also deemed expired.

Article 6

1. If someone suffered financial loss through sequestration or seizure

of objects and rights on account of the laws mentioned in Article 1, or

through their effect, an indemnification from the means of the state in

whose favor the confiscation or seizure took place can be granted. In

the sense of this regulation, no one has suffered loss who was affected

by the sequestration or seizure directly.

2. A person shall not be granted compensation on the basis and with

the acquisition of this right, which expired with this law, if he has

intentionally or carelessly promoted:

1. Communist aspirations.

2. Marxist or other movements which have been declared as hostile to

the people and state by the Minister of the Interior.

It is not an intentional promotion of aspirations as designated in No.

2, if the victim stood under the control or direction of the state.

3. An indemnification can also be granted in the cases of (2) No. 2,

i.e. if the victim is needy in the sense of Article 13(2) or if the

predominant viewpoints of the public interest speak for the granting of

indemnification.

Article 7

1. Indemnification will only be granted if the victim makes a petition

before 31 March 1938.

2. The petition has to be. sent in writing to the competent authority

(Article 9), with reference to the cause of the offense.

Article 8

1. The determination of the indemnification takes place in a

determination procedure and before determining authorities.

2. The Reich Minister of the Interior can decree that no determining

procedures shall take place for certain properties or in certain

districts. If such a regulation is issued by the Reich Minister of

the Interior, the regulations of this section with the exception of

Articles 1, 4 and 5 are not to be applied for the property of the

district.

Article 9

1. The determining authority in Prussia and Bavaria is the president

of the government (in Berlin the police president), in Saxony the

Kreishauptmann, and in the other states the highest authority of the

state.

2. The Reich Minister of the Interior may decide that a common

determining authority will be formed for several administrative

districts.

Article 10

1. The determining authority for the district in which the sequestered

or seized property, whose indemnification has been proposed, used to

be, is locally responsible.

2. The highest authority of the state or the Reich Minister of the

Interior appoints the determining authority, if the property was

located in the district of several determining authorities and if

several determining authorities of the same state are involved.

3. The Reich Minister of the Interior is entitled to appoint

exclusively one or more determining authorities for certain kinds of

confiscated or seized objects and rights.

Article 11

1. The petition to grant indemnification shall be refused, if it has

not been made within the time determined in Article 7, section 1. The

determining authority is obliged to admit the petition, if the victim

proves that he himself or his legal representative or his proxy failed

to make the petition within the appointed period through no fault of

their own and inasmuch as it will be repeated within two months after

clearing the obstacle. Petitions cannot be made any more after 31 March

1939.

2. If the petition to grant indemnification is received by a

determining authority, which is locally not responsible (Article 10),

it will fall within the appointed time.

Article 12

1. The total amount of indemnifications, which shall be granted because

of sequestration or seizure of property of a certain owner of property,

is limited by the extent of this property. Each economic unit will

be considered property in the sense of the first sentence, if the

confiscated property of a person includes several economic units of the

kind designated in Article 2 of the Reichsbewertunsgesetz [Law for the

evaluation of property] of 16 Oct 1934 (RGBl I, page 1035). For the

classification according to economic units, a determined purpose in the

period before the confiscation is of no importance.

2. In order to estimate the extent of property according to Section 1,

its selling value is decisive.

Article 13

1. In determining the indemnifications, the creditors should be

treated in the succession as is provided for their satisfaction in the

bankruptcy order.

2. This principle is to be disregarded, if reasons of fairness require

to do so; particularly these victims are to get privileged treatment

whose livelihood or economic progress is endangered or require an

indemnification in order to fulfill their duties of livelihood on the

basis of the law.

Article 14

1. The determining authority fixes the amount of money to be paid

as indemnification. It can determine installments and the time of

payments. Inasmuch as there is no other clause in the decision of the

determining authority, the amount of money is payable to him within one

month after the decision has been delivered to the victim.

2. The determining authority may rule that an indemnification will be

effected by Reich or state-owned mortgage-deeds or by transferring

an object, or that claim of indemnification due to the victim on

account of the decision of the determining authority will be secured by

arranging a lien on land.

3. The state can propose, until the decision of the determining

authority has been relayed to the victim, what, in the amount of

the indemnification which is being granted for an expired lien on

land (Article 2, 6), a new lien on land will be entered into the

land-register in its place. The determining authority has to respect

such a move except in the case that this would be particularly unfair

toward the victim. The new lien on land has to be entered into the

land-register under the same conditions as the expired one insofar as

the determining authority does not issue different instructions; the

rate of interest may be reduced by the determining authority to five

percent.

Article 15

1. The victim is entitled to appeal to the determining authority of the

Reich against the decision of the determining authority. (Article 16)

2. The appeal must be delivered in writing to the determining authority

or to the determining authority of the Reich, within two weeks after

the decision has been forwarded and it must be substantiated. Article

11, Section 1 will be applied respectively.

3. The determining authority may submit its decision to the determining

authority of the Reich for scrutiny. Its presentation to the

determining authority of the Reich has the effect of an appeal.

Article 16

1. The determining authority of the Reich will be linked to the Reich

Minister of the Interior.

2. The determining authority of the Reich consists of chambers. Each

chamber is composed of five members including the chairman, three of

whom must have the ability to perform the functions of the judge or of

higher administrative offices, two members will be suggested by the

Deputy of the Fuehrer.

3. The chairman and the members will be appointed by the Reich Minister

of the Interior.

Article 17

1. The decisions of the determining authorities are to be delivered to

the victim.

2. The decision of the determining authority of the Reich is final.

Chapter 2. Property forfeited to the Reich

Article 18

If the property of a person deprived of his citizenship (law on the

recall of naturalizations and the deprivation of the German citizenship

of 14 July 1933--RGBl I, page 480) has been confiscated, or has been

declared forfeited to the Reich, previous to this law, the Reich is not

responsible for claims against the person deprived of his citizenship.

Article 19

1. Rights on objects of such properties, which have been declared as

forfeited to the Reich, are deemed expired with the declaration of

forfeiture. The same applies to objects on which property rights have

been secured.

2. Section 1 will not be applied, if the objects have already been sold

by the Reich before effectiveness of this law.

Article 20

If someone has suffered a loss of property through sequestration or the

declaration of forfeiture (Article 18) or through the effect of this

law, he may be granted an indemnification from the funds of the Reich.

The victim in the sense of this regulation is not he who was directly

affected by the sequestration or declaration of forfeiture.

Article 21

The regulations of Articles 6 to 17 will be applied respectively

according to Articles 22 and 23.

Article 22

The determining authority of the Reich will decide on the petition.

Article 23

An indemnification will also not be granted (Article 6(2)), if the

victim has knowingly supported the person deprived of his citizenship

in hurting German interests.

Chapter 3. Property of Former Associations of Employers and Employees

Article 24

1. The property administration of the DAF [German labor front], Ltd.,

Berlin (hereafter called "property administration of the German labor

front") as trustee of the German labor front, will be put in possession

of the former associations of employers and employees including the

auxiliary and replacement organizations, property administrations,

pension disbursing agencies and other special properties, upon entrance

into effect of this law.

2. In the case that only former associations of employers and employees

have interests in a legal personality, the property administration of

the German labor front will be put in possession of both the shares of

property of the former associations of employees and employers and the

property of the legal personality. However, if the legal personality

represents a corporation, a limited liability corporation, or company,

the property administration of the German labor front will only be put

in possession of the shares or business shares; the company continues

its existence with rights and obligations. Sentence 2 is not effective

if the exclusive purpose of the company was the administration of

houses of labor unions or if a property administration or trustee

company of a former association of employers and employees is involved,

the property of which will be put in possession of the property

administration of the German labor front as provided in (1). The

property administration of the German labor front (DAF) will in these

cases take possession of both the shares and business shares, and also

of the property of the company.

3. Inasmuch as the property of a former association of employers and

employees has already been disposed of through an orderly liquidation

or agreement, it will be left as it is. Pending liquidations and

settlements will not be continued.

4. The Reich Minister of the Interior will announce, in agreement with

the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich

Minister for Labor, the owners of property, possession of which has

been transferred to the property administration of the German labor

front according to (1), (2) first sentence and (2) third sentence.

These regulations will be announced in the Deutscher Reichsanzeiger and

Preussischer Staatsanzeiger (official publications) until the 30 June

1938. They are binding for courts and administrative authorities.

5. The owners of property to be made public as provided in (4),

are, inasmuch as they represent legal personalities or collective

personalities, dissolved with the effectiveness of this law. A

liquidation does not take place.

6. The leader of the German labor front Dr. Ley will be the guardian

entitled to dispose of the properties confiscated by the general public

prosecutor of the Country Court I Berlin from the time of confiscation

of the properties up to the effectiveness of this law and will be

verified with the authority to take action compatible with the purpose

of the sequestration and according to his judgment conformable to duty;

in particular to give and receive declarations of will for the owners

of the confiscated property.

Article 25

1. The German labor front and the property administration are

responsible for claims against those owners of property, which has

been transferred to the latter, only in the case, if the claims arose

after a day which the Reich Minister of the Interior will determine

in cooperation with the Deputy of the Fuehrer, the Reich Minister of

Economy and the Reich Minister for Labor at the announcement of the

owners of property (Article 24(4)).

2. The German labor front and the property administration of the

German labor front are responsible for claims resulting from service

or work status with the owners of property mentioned in Article 24 or

the German labor front only, if the service or work status has been

extended by the German labor front beyond the 30 Sept 1933.

Article 26

1. Rights on objects, which the property administration of the German

labor front acquires according to Article 24, are expiring. The same

applies to property rights secured in such objects.

2. Section (1) will not be applied, if the objects have been already

liquidated at the effectiveness of this law or if the rights or the

secured property have been established after the day to be determined

according to Article 25 (1).

Article 27

If the victim suffered a loss in property on account of the regulations

of Articles 25 and 26, he can be granted an indemnification from the

funds of the German labor front and the property administration of the

German labor front.

Article 28

The regulations of Articles 5 to 17 will be applied on the basis of

Articles 29 and 30 respectively.

Article 29

The petition to grant an indemnification has to be made in writing by

30 Sept 38 to the determining authority (Article 30) by stating the

cause of the offense.

Article 30

1. The determining authority of the Reich will decide on the motion

(Article 16). The chambers will judge the case in a composition of

three members including the chairman of whom one member will be

suggested by the Deputy of the Fuehrer, another one by the Reich

Minister of Economy in conjunction with the Reich Minister for Labor.

The chairman and the members will be appointed by the Reich Minister of

the Interior.

2. Before the decision a representative to be named by the German labor

front has to be heard.

Article 31

Inasmuch as economic associations of employers and their institutions

have been incorporated or joined or dissolved within the framework of

the legislation on the preliminary erection of the Reich food estate,

the regulations of this part will not be applied.

Chapter 4. Final Regulations

Article 32

1. Indemnification will not be granted on the basis of other laws in

those cases affected by this law. Existing claims expire.

2. If a party proves by litigation that the pending claim comes under

this law, the court has to discontinue the procedure and to defer

temporarily the distraint resulting from an executory decision already

enacted. The court may also issue these regulations under the authority

of the law if it views the pending claim as falling under this law. In

both cases the court has to inform the proper determining authority by

presenting the records. The rules of the court cannot be contested.

3. The determining authority may admit the further prosecution of the

claim by regular legal steps or present the records to the determining

authority of the Reich for a decision.

4. If the determining authority or the determining authority of

the Reich permits the further prosecution of the claim by regular

legal steps, the court has to lift on request the regulation on the

discontinuance of the legal dispute or the temporary suspension of the

distraint.

5. The decision of the determining authority of the Reich to deal

with the claim in a determining procedure does not permit its further

prosecution by legal steps and the distraint of the claim.

Article 33

If there exists already an executory title on claims which are affected

by this law, the regulations of Article 32 will be applied respectively.

Article 34

Inasmuch as a legal dispute is being settled by this law, the court

costs will be cancelled and the extrajudicial costs balanced against

each other.

Article 35

1. The granting of an indemnification by arbitration will not be

excluded by the regulations of this law. The determining authority has

to verify the agreement.

2. If an agreement on the claims and rights affected by this law had

already been concluded at the time this law became effective, it will

be left as it is.

Article 36

1. If the Reich or a state has transferred confiscated properties

as a whole or in part to another natural or legal personality, the

determining authority may impose upon the one who takes possession of

the property, the duty to give total or partial indemnification to the

entitled persons. In case the Reich or a state will be declared liable

of indemnification, it must at the same time be determined whether and

in what amount the one who takes possession has to pay compensation to

the Reich or State. The person taking possession of the property has

the right to appeal against the decision of the determining authority

to the determining authority of the Reich.

2. Resulting from the valid decisions of the determining authorities,

by which according to (1) obligations will be imposed on the one who

takes possession, the distraint will be executed.

Article 37

The decisions of the determining authorities are binding for the

regular courts and other places of judgment.

Article 38

Articles 3, 4 and 7 of the law on the confiscation of communist

property of 26 May 1933 (RGBl I, p. 293) are no longer valid.

Article 39

1. If objects and rights are seized on the basis of the laws designated

in Article 1, the State is responsible for claims against the former

owner of the confiscated objects only with the rights and objects

fallen to it by the confiscation. Rights on objects of seized property

continue to exist.

2. In case of excessive debts, bankruptcy proceedings against the

property will be enacted through motion of a state or creditor,

according to regulations. The referee in bankruptcy has to be appointed

in agreement with the central administration board responsible for the

district of the bankruptcy court and has to be recalled on its request.

3. The same applies if the property of a person deprived of citizenship

(Article 18) has been declared to fall to the Reich after this law had

become effective.

Article 40

The Reich Minister of the Interior will be authorized to issue

in agreement with the other responsible ministers the legal and

administrative instruments required in order to execute and supplement

this law.

Berlin, 9 December 1937

The Fuehrer and Chancellor of the Reich

Adolf Hitler

The Reich Minister of the Interior

Frick

The Deputy of the Fuehrer

R. Hess

(Reich Minister without Portfolio)

The Reich Minister of Finance

Count Schwerin von Krosigk

The Reich Minister of Economy

authorized to manage affairs:

Goering

(Prussian Premier)

The Reich Minister for Labor

Franz Seldte

The Reich Minister for Justice

Dr Guertner

TRANSLATION OF DOCUMENT 1406-PS

1938 REICHSGESETZBLATT, PART I, PAGE 414

Decree for the Reporting of Jewish Owned Property of 26 April 1938

On the basis of the Decree for the Execution of the Four Year Plan of

18 October 1936 (RGBl I, 887) the following is hereby decreed:

Article 1

1. Every Jew (Article 5 of the First Regulation under the Reich

Citizenship Law of 14 November 1935 (RGBl I, 1333)) shall report and

evaluate in accordance with the following instructions his entire

domestic and foreign property and estate on the day when this decree

goes into force. Jews of foreign citizenship shall report and evaluate

only their domestic property.

2. The duty to report holds likewise for the non-Jewish marital partner

of a Jew.

3. Every reporting person's property must be given separately.

Article 2

1. Property in the sense of this law includes the total property of the

person required to report, irrespective of whether it is exempt from

any form of taxation or not.

2. It does not include movable objects used by the individual or house

furnishings as far as the latter are not classed as luxury objects.

Article 3

1. Every part of the property shall be valued according to the usual

value it has on the effective date of this regulation.

2. No report is necessary when the total worth of the property to be

reported does not exceed 5000 marks.

Article 4

The report is to be presented on an official form by 30 June 1938,

to the administrative official responsible at the place of residence

of the reporting individual. When such a report is not possible by

this date the responsible office can extend the period. In such case,

however, an estimate is to be presented by 30 June 1938, together with

a statement of the grounds of delay.

Article 5

1. The reporting individual must report, after this decree goes into

force, to the responsible office, every change of said individual's

total property as far as it exceeds a proper standard of living or

normal business transactions.

2. The reporting requirement applies also to those Jews who were not

required to report on the effective date of this regulation, but who

have acquired property exceeding 5000 Reichsmarks in value, after this

date. Article 1 (1) clause 2, shall apply respectively.

Article 6

1. The administrative offices responsible under this regulation are

in Prussia--Highest Administrative Officer [Regierungspraesident] (in

Berlin the Police President); Bavaria--Highest Administrative Officer

[Regierungspraesident]; Saxony--The District Head [Kreishauptmann];

Wurtemberg--The Minister of the Interior; Baden--The Minister

of the Interior; Thueringen--Reich Governor [Reichsstatthalter];

Hessen--Reich Governor; Hamburg--Reich Governor; Mecklenburg--Ministry

of the State, Interior Department; Oldenburg-Minister of Interior;

Braunschweig--Ministry of Interior; Bremen--Senator for Administration

of Interior; Anhalt--Ministry of State Interior Department;

Lippe--Reich Governor (Land Government); Schaumburg-Lippe--Land

Government; Saarland--The Reich Commissioner for the Saar.

2. Austria--The Reich Governor has jurisdiction. He may transfer his

authority to another board.

Article 7

The Deputy for the Four Year Plan is empowered to take such necessary

measures as may be necessary to guarantee the use of the reported

property in accord with the necessities of German economy.

Article 8

1. Whoever wilfully or negligently fails to comply with this reporting

requirement, either by omitting it, or making it incorrectly, or not

within the time specified, or whoever acts contrary to any instruction

issued pursuant to Article 7 by the Deputy of the Four Year Plan

shall be punishable by imprisonment and by a fine or by both of these

penalties, in particularly flagrant cases of wilful violation the

offender may be condemned to hard labor up to ten years. The offender

is punishable notwithstanding that the action was in a foreign country.

2. Any attempt to commit such actions is punishable.

3. In addition to the imposition of the penalties under (1), the

property may be confiscated, insofar as it was involved in the criminal

action. In addition to hard labor confiscation may be made. Where no

specific individual can be prosecuted or convicted, confiscation may be

decreed independently, where the prerequisites for confiscation warrant

it.

Berlin, 26 April 1938

The Deputy for the Four Year Plan

Goering

General Field Marshal

The Reich Minister of the Interior

Frick

U.S. GOVERNMENT PRINTING OFFICE: 1946-693256

Nazi conspiracy and aggression, Volume 03 (of 11) · 第 7 / 7 章