Chapter V: Directives of Execution

The Reich Labor Minister has the power to issue legal decrees and general administrative directives in order to insure the execution of the Regulations of this Law; he is authorized to change regulations of the Reich Mining Law in order to adapt them to the decrees of Chapter III of this Law.

Berlin, 4 April 1933

The Reich Chancellor
Adolf Hitler

The Reich Labor Minister
Franz Seldte

The Reich Minister of the Interior
Frick

For the Reich Minister of Justice
The Reich Minister of Finance
Count Schwerin von Krosigk

The Reich Minister of Economy
Hugenberg

PARTIAL TRANSLATION OF DOCUMENT 1773-PS

THE LAW OF THE GENERAL GOVERNMENT

[Das Recht des Generalgouvernements] Krakau, 1941

_E 8. Impounding of Valuables_

E 800. Decree on the Sequestration of Property of the Former Polish
State in the General Gouvernement.--15 November 1939

On the basis of Article 5, section 1 of the decree of the Fuehrer and Reich Chancellor governing the administration of occupied Polish territory dated 12 October 1939 (RGBl I, page 2077), I issue the following order:

Article 1--1. All movable and stationary property of the former Polish State with accessories, including all demands, participation, rights and other interests inside the General Gouvernement, will be sequestered for the purpose of securing all manner of public valuables.

2. The seizure, administration, and utilization of the sequestered property is the duty of the department “Trusteeship for the General Gouvernement” in the office of the Governor General.

Article 2--The director of the department “Trusteeship for the General Gouvernement” will in agreement with the director of the finance department in the office of the Governor General issue the regulations required to execute this decree, in particular on the duty to make a declaration of the wealth belonging to the former Polish State as well as the treatment of rights of third persons on the wealth of the former Polish State and of claims against this wealth.

Article 3--This regulation will be effective on the day of its publication.

The Governor General for the Occupied
Polish Territories
FRANK

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E 810. Decree on the Right of Ownership of Wealth of the former
Polish Territories.--24 September 1940

On the basis of Article 5, section 1 of the decree of the Fuehrer and chancellor of the Reich of 12 Oct 1939 (RGBl I, page 2077), I issue the following order:

Article 1--The property sequestered on the basis of Article 1, section 1 of the decree on the confiscation of the wealth of the former Polish State within the General Gouvernement of 15 Nov 39 (Verordnungsblatt GGP, page 37) will be transferred to the ownership of the General Gouvernement. A legal right of the General Gouvernement will not be established by this transaction.

Article 2--1. Rights of third persons in the property mentioned in Article 1 expire insofar as they existed before 20 November 1939.

2. It will be determined later on whether and to what extent an indemnification can be granted to persons, especially to rightful foreign claimants, for legal losses suffered through the action.

Article 3--The seizure and administration of the property mentioned in Article 1 will be executed until further notice on the basis of the regulation on the confiscation of the wealth of the former Polish State within the General Gouvernement of 15 November 1939 (Verordnungsblatt, GGP, page 37) and of the first executionary decree issued on 16 March 1940 (Verordnungsblatt GGP II, page 175).

Article 4--The director of the department “Trusteeship for the General Gouvernement” in agreement with the director of the finance department in the office of the governor general will be in charge of the property mentioned in Article 1.

Article 5--This regulation will be effective on the day of its publication.

The Governor General
FRANK

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E 845. Decree on the Confiscation of Art Objects in the General
Gouvernement.--16 December 1939

On the basis of Article 5, section 1 of the decree of the Fuehrer and Chancellor of the Reich on the administration of the occupied Polish territories of 12 Oct 1939 (RGBl I, page 2077), I order the following:

Article 1--All art objects in public possession in the General Gouvernement will be confiscated for the fulfillment of public tasks of common interest insofar as it has not already been seized under the decree on the confiscation of the wealth of the former Polish State in the General Gouvernement of 15 November 1939 (Verordnungsblatt GGP, page 37).

Article 2--With the exception of art collections and art objects which were the property of the former Polish State, art objects will be considered as owned by the public:

1. private art collections which have been taken under protection by the special commissioner for the seizure and safekeeping of the art and cultural treasures.

2. all ecclesiastical art property with the exception of those objects required for the daily performance of liturgic actions.

Article 3--1. In order to determine whether art objects are public property in the sense of this regulation, every private and ecclesiastical art possession has to be registered with exact data on the kind, nature and number of pieces.

2. Everyone who possessed or at the present time is in possession of or else is entitled to dispose of such objects of art since 15 March 39, is obliged to register the same.

3. Everyone is obliged to make upon request truthful and appropriate statements.

Article 4--The special commissioner appointed by me for the seizure and safekeeping of the art and cultural treasures will determine in cases of doubt what art collections and art objects in detail will have to be regarded on the basis of Article 2 of this regulation as public art property. He also will decide on the eventual necessary exceptions.

Article 5--1. He will be punished with imprisonment

1. Who undertakes to conceal, sell or remove objects of art from the General Gouvernement.

2. Who refuses or else gives incorrect or incomplete information required from him on the basis of this decree.

2. The special court is competent for the trial.

Article 6--The special commissioner appointed for the seizure and safekeeping of the art and cultural treasures will issue the regulations necessary for the execution of this decree.

Article 7--This regulation will be put into effect immediately.

The Governor General for the Occupied
Polish Territories

FRANK

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E 846. First Enforcement Regulation for the Order of 16 December 1939
on the Confiscation of Art Objects in the General Gouvernement.

In order to execute the decree on the confiscation of art objects in the General Gouvernement of 16 December 1939 (Verordnungsblatt GGP, page 209), I order the following:

Article 1--The registration decree in Article 3, section 1 of the regulation must be carried out by 15 February 1940 with the office of the special commissioner for the seizure and safekeeping of the art and cultural objects, Cracow, Bergakademie.

Article 2--1. Objects of artistic, cultural-historical and historical value which originate from the time before 1850, have to be registered.

2. The registration includes the following:

_a._ paintings

_b._ sculpture

_c._ products of handicraft (for instance antique furniture, china
ware, glass, golden and silver objects, Gobelins, rugs,
embroideries, lace-work, paramente, etc.)

_d._ drawings, engravings, woodcuts, etc.

_e._ rare manuscripts, musical manuscripts, autographs,
book-paintings, miniatures, prints, covers, etc.

_f._ weapons, armors, etc.

_g._ coins, medals, seals, etc.

3. Regarding the art objects mentioned in section 2, detailed information has to be given, if possible, on the master, the time of production, the contents of the representation, measurements and material (for instance, wood, canvas, bronze, etc.)

Article 3--The special commissioner will send in writing his decision in doubtful cases or in the eventual necessary exceptions as provided for in Article 4 of the decree. The decision will be final.

Article 4--Scientific experts will be entrusted with the execution of the decree.

The Governor General for the Occupied
Polish Territories

By order:

Dr. MUEHLMANN

PARTIAL TRANSLATION OF DOCUMENT 1774-PS

ORGANIZATIONAL LAWS OF THE GREATER GERMAN REICH

“Verfassungsrecht des Grossdeutschen Reiches” by Ernst Rudolf Huber.

FUEHRER, AND REICH-CABINET [REICH REGIERUNG, Page 223]

_a._ The Structure of the Reich-Cabinet

The political direction of the Reich is the task of the Fuehrer. The Fuehrer selects, in all fields of political developments the goals which should be attained, determines the methods to be used and makes all fundamental decisions when necessary. The authority of the Fuehrer [Fuehrergewalt] is the “Political Authority” in the new Reich. The term “Leadership” expresses better the mobilization of the collective political force of the people towards the achievement of the common goal, than the term “Government” which has been used heretofore for the highest authority of the State. The Fuehrer has the only final power to decide in all matters concerning movement [party], people, and Reich. He possesses and bears the historical responsibility to his people. Even in instances, where the law assigns certain tasks to the “Reichsregierung”, it is the Fuehrer who is responsible for the final decision.

The Fuehrer avails himself, however, in his decisions of the counsel and the constructive cooperation of his collaborators, especially the Reich-Cabinet, which combines the Subordinate-Fuehrers [Unterfuehrer] of the various departments of the State. The legal position of the Reich-Minister was originally laid down by the Reich-Minister Law of March 27 1930 (RGBl I 96). In its place Section XIII of the German Civil Servant Law is now applicable, with the exception of the regulations concerning the official salaries, service quarters, moving--and travel expenses, where the old law remains valid. The Reich-Ministers are appointed by the Fuehrer and maintain a public service relationship towards him and the Reich. They take a special oath before the Fuehrer when they assume their functions. They cannot belong to any economic enterprise as chairmen or members of administrative or supervisory councils while they hold office (“economic incompatibility”). The Reich-Ministers can be dismissed from their offices at any time by the Fuehrer. No disciplinary action against them will be taken. Special treatment of the Reich-Ministers is based on the fact that they are not “Civil Servants”. Civil Servants are only the members of the Bureaus which are sub- and coordinated to the hierarchic administrative structure, but not those who occupy immediate state-directing positions to whom the Reich-Ministers belong according to the present constitutional law.

The Fuehrer and Reich-Chancellor is at the top of the Reich-Cabinet. He hands down the directives for the over-all operation of the Government and the basic principles for the various departments. A number of Bureaus are subordinated to him for direct counsel and assistance, as follows:

1. The Reich-Chancellery (Chief: Reich-Minister, Dr. Lammers)

2. The Supreme-Command of the Armed Forces (Chief: Generaloberst (Gen.) Keitel)

3. The Presidential Chancellery (Chief: State Minister Dr. Meissner)

4. The Privy Cabinet Council (President: Reich-Minister Frh. von Neurath)

The Reich-Cabinet [Reich Regierung] comprises furthermore the department ministries proper. It is constituted in the following manner according to the official order of rank laid down in the year 1939:

1. The Deputy Commander for the Fuehrer (Reich-Minister Hess)

2. The Supreme Command of the Armed Forces (Generaloberst (Gen.) Keitel)

3. General Field-Marshal Goering (Deputy for the 4 Year Plan)

4. Foreign Office (v. Ribbentrop)

5. Reich-Minister of the Interior (Dr. Frick)

6. Reich-Minister for Enlightenment of the People and Propaganda (Dr. Goebbels)

7. Reich Air-Minister (Gen. Field-Marshal Goering)

8. Reich Finance Minister (v. Schwerin-Krosigk)

9. Reich-Minister of Justice (Dr. Guertner)

10. Reich-Minister of Economy (Funk)

11. Reich-Minister for Food and Agriculture (Darre)

12. Reich-Minister of Labor (Seldte)

13. Reich-Minister for Science, Education and National Culture (Dr. Rust)

14. Reich-Minister for Ecclesiastical Affairs (Kerrl)

15. Reich-Minister of Transportation (Dr. Dorpmueller)

16. Reich Postal Minister (Ohnesorge)

17. Reich-Minister Frank (Legal Affairs Reich-Fuehrer)

18. Reich-Minister Schacht

19. Reich-Minister Seyss-Inquart

20. Reich Forest-Office (Gen. Field-Marshal Goering)

The Commanders-in-Chief of the Army (Generaloberst (Gen.) v. Brauchitsch) and of the Navy (Great-Admiral Raeder) have also the rank of Ministers. Furthermore, the following participate regularly in the sessions of the Government, whenever matters of their department are being discussed:

1. The Prussian Finance Minister, Dr. Popitz.

2. The Reich-Fuehrer SS and the Chief of the German Police, Himmler.

3. The Reich Labor Leader in the Reich-Ministry of the Interior, Hierl.

4. The Chief of the Organization in Foreign Countries in the Foreign Office, Bohle. In addition, the following Supreme Reich-Bureaus are immediately subordinate to the Fuehrer:

1. Court of Accounts of the German Reich (State-Minister, retired, Mueller).

2. Inspector General for the German Road System (Dr. Todt).

3. Reich Office for Area Control [Raumordnung] (Kerrl).

4. Youth-Fuehrer of the German Reich (v. Schirach).

Furthermore, the following are immediately subordinate to the Fuehrer:

1. The German Reich-Bank (President Reich-Minister Funk).

2. Inspector General of Constructions for the Reich Capital (Professor Speer).

3. Counsellor General of Constructions for the Capital of the (party) movement (Professor Giesler).

4. Reich Construction Counsellor for the town of Linz on the Danube.

The directors of these Reich Bureaus act as direct advisers and collaborators of the Fuehrer in their department without being members of the Reich-Government by authority of their office.

A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBl I, 112). This privy cabinet council is under the direction of Reich-Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich-Chancellery, the Commanders-in-Chief of the Army and Navy and the Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consist exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs.

The law on the Supreme Leader of the State makes provision for the nomination of a Deputy Commander for the Fuehrer and also a Vice-Chancellor. Up to July 1934, von Papen, then Reich Minister, was Vice-Chancellor. Since then, no such nomination has been promulgated. The Deputy for the 4 Year Plan has a sort of representation in all matters concerning the 4 Year Plan, “all competent instances of party and state” being combined in his person, and he has been given the power to “issue directives to all authorities, including the highest Reich-Authorities and all offices of the party, its subdivisions and its affiliated associations”. The deputy for the 4 Year Plan is therefore within the limits of his authority superior to the other Reich Ministers, particularly to the economic and military departments. But he is not only superior to the offices of the State but also to those of the party. He is (with the exception of the Fuehrer) the only central authority which by virtue of an office (and not by virtue of a personal union of a party and State office) can issue binding directives to the offices of the party and the State. Considering the tremendous importance of the 4 Year Plan, this position of the deputy is an important means for securing unity between party and State.

This same object is furthermore pursued by the Office of the Deputy Commander for the Fuehrer. While the Deputy for the 4 Year Plan constitutes an authority of the State with the power to issue directives to the party, the Deputy Commander for the Fuehrer represents a party instance with authority to cooperate in State affairs to a large extent. The “Ministry Hess”, with its Liaison-Staff is charged to assert the influence of the party in the legislation and administration of the State. All projects of politically important laws have to be submitted to the Deputy Commander for the Fuehrer for his preliminary examination. He naturally has the power to propose laws from his side. His influence on the administration affects particularly the selection of personnel. All appointments to be made by the Fuehrer have to be examined first by the Deputy Commander for the Fuehrer. Besides these individual powers, it is the duty of the Deputy Commander for the Fuehrer to assert the will of the (party) movement in the organization of the State, to settle difficulties which develop, to investigate complaints, and thus to guarantee unity of party and State.

Unity of party and Reich-Cabinet is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of the Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in the foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich-Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia.

_b._ The Reich-Cabinet as the bearer of responsible collaboration.

The relationship between the Fuehrer and the Reich-Cabinet differs from the Weimar colleague-like system as well as from Bismarck’s Chancellor System. The great political principles are determined by the Fuehrer; the will of the government is not expressed by vote, as under the colleague-like system; doubts and differences of opinion are also settled by the Fuehrer (in contrast to the provisions of