OFFICIAL GAZETTE FOR THE OCCUPIED DUTCH TERRITORIES, YEAR 1941.
[Verordnungsblatt fuer die besetzten Niederlaendischen Gebiete]
Part 47, Page 901.
211
De.cree of the Reichscommissioner for the Occupied Dutch Territories, concerning the Netherlands Chamber of Culture [Kulturkammer].
Pursuant to Article 5 of the Decree of the Fuehrer concerning the exercise of governmental authority in the Netherlands of 18. Mai 1940 (RGB1 I, p. 778) I order:
Chapter I
Task and aim of the Netherlands Chamber of Culture.
Article 1
1. Persons, who are active in the field of the plastic arts including architecture and handicraft, music, literature, theatre, films and journalism, will be united in guilds. These guilds will form the Netherlands Chamber of Culture.
2. It is the task of the Netherlands Chamber of Culture to promote the Netherland culture as it is represented by the people and country, by cooperation of its members, who are active in all of its spheres, to direct the technical, economic and social affairs of the cultural professions and to coordinate the different aims of the members of the various groups.
. Article 2
The Netherlands Chamber of Culture is an incorporated public institution with rights and liabilities as defined in Article 152 of the constitution. Its domicile is in the Hague.
Chapter II
Membership in the Netherlands Chamber of Culture.
Article 3
Everyone who participates in production, reproduction, intellectual or technical arrangements, the distribution, the maintenance, sale or marketing of goods of cultural value, must be a member of the Netherlands Chamber of Culture, unless his participation consists exclusively of a commercial, administrative, technical or mechanical activity.
Article 4
(1) Objects of cultural value in the sense of this decree are I/Every creation or performance of art if it is put before the public.
II/Every other intellectual creation or performance, which is put before the public by means of print, film, radio or recording.
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III/Print, in the sense of article 1 No. 2 applies also to any kind of mass reproduction. , .
Article 5
The production of material necessary for the creation of an object of cultural value is not deemed to be production or manufacturing of an object of cultural value in the sense of this decree.
Article 6
Participation in the sense of Art. 3, exists, irrelevant whether the work was done:
1. with or without compensation
2. by corporations with own jurisdiction of public or civil
code,
3. by non-corporate organizations of persons or by individual persons
3. by Netherlanders, Netherland Subjects or foreigners
4. by employers or by persons who are being employed.
Article 7
(1) The president of the Netherlands Chamber of Culture a rule that in cases where performance of the type of work, as meant in article 3, is only of minor importance or only occasional, membership to the Netherlands Chamber of Culture is not required.
(2) Persons, who wish to perform work of this kind, must be in possession of a certificate of exemption issued by the President. The president may rule that a certificate of exemption is not necessary for certain groups.
(3) The issuance of a certificate of exemption can be made subject to payment of a fee appropriate to the intended work. Article 19, second par. is applicable for the collection of this fee.
(4) Everyone, who in the sense of par. 1 is exempt from membership in the Netherlands Chamber of Culture, is, as far as his activities in the sense of article 3 are concerned, subject to the decrees and rules of the Netherlands Chamber of Culture to the fullest extent.
Article 8 ,
An agreement, by which a person, who is not a member of the Netherlands Chamber of Culture, is engaged for work which can only be done by a member of the Netherlands Chamber of Culture, is valid only on condition, that such person is admitted as a member of the Netherlands Chamber of Culture, unless art. 7 applicable.
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Article 9
(1) Organizations of persons and foundations, which are members of the Netherlands Chamber of Culture, or which are obliged to be members, must coordinate their statute with this decree and the measures as stipulated in part IV and V.
As soon as the reorganization in matters of clubs or foundations has been concluded, the following orders have to be observed: Clubs and foundations with regard to the decree Nr. 145/1940 concerning the seizure of non-economic clubs and foundations as well as sections 1 and 2 and 4 to 9 of the decree Nr. 41/1941; the authorities of the commissioner named in Article 1, section 1, of the decree Nr. 41/1941 are then exercised by the president. Until this date, decisions, concerning foundations classified in Section I, are made by the above mentioned Commissioner in agreement with the president, who is entitled to make proposals pertaining to the above.
Article 10
1. Jews or persons with jewish relatives by marriage can neither be members of the Netherlands Chamber of Culture, nor of an organization of persons, which in turn is a member of the Netherlands Chamber of Culture, or is supposed to be a member. It is further forbidden for these persons:
1. To found or to participate In the founding of an organization of persons, which is a member of the Netherlands Chamber of Culture or is obliged to be a member.
2. To credit or participate in the creation of a foundation
and also to benefit directly or indirectly from the property of a foundation, if said foundation is a member of the Netherlands Chamber of Culture or is obliged to be a member.
3. To work for an organization of persons as mentioned
under I, or for a foundation as mentioned under 2, or to participate as a guest in the management of such organizations for persons or foundations.
(2) The Secretary-General of the Ministry for Popular Enlightenment and Arts may permit, in special cases:........ .
1.
2.
That a jew or a person with jewish family ties become a member of the Netherlands Chamber of Culture. That organizations of persons or foundations, which must be a member of the Netherlands Chamber of Culture, be exempted from the obligation to become
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a member, if its members are exclusively Jewish, or if the foundation's property is used exclusively for the benefit of Jews.
Article 11
1. Jewish persons in the sense of this decree are—
1. Persons who have more than one Jewish grandparent.
2. Persons other than those mentioned under Nr. 1 who
belonged to the Jewish religious community on May 9, 1940 or who have been accepted therein after this date. .
2. Persons with Jewish relatives in the sense of this decree are such persons, who are married to a person as described under 3 or who live with such person in concubinary.
3. A grandparent is considered jewish, if this grandparent has belonged to a Jewish religious community.
Article 12
The president of the Netherlands Chamber of Culture may refuse admission of a person for membership in the Netherlands Chamber of Culture or expel a member from the Netherlands Chamber of Culture, if facts reveal that the person in question does not possess the trustworthiness or aptitude required in the exercise of his activities.
Chapter III
Management and administrative Structure of the Netherlands Chamber of Culture.
Article 13
1. At the head of the Netherlands Chamber of Culture is the President.
2. The President of the Netherlands Chamber of Culture nominates and discharges his substitute, the leaders of the guilds and the manager.
3. The President represents the Netherlands Chamber of Culture legally and out of court.
Article 14
1. The guilds of the Netherlands Chamber of Culture will be subdivided, according to need, in professional branches.
2. The leaders of the professional branches are nominated by the head of the guild in question, with the consent of the president.
Article 15
1. To accomplish the task of the Netherlands Chamber of Culture, provincial offices may be established.
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2. The president of the Netherlands Chamber of Culture can decide, that one provincial office shall be competent for several provinces.
3. The leaders of the provincial offices are nominated by the president, after consultation with the guild-leaders.
: Article 16
1. The persons referred to in articles 13, par. 2, 14, par. 2 and 15, par. 3 will be sworn in before they take office.
2. The form of oath will be fixed by administrative order.
. : Chapter IV
Power of decree by the Netherlands Chamber of Culture.
Article 17
1. The Netherlands Chamber of Culture possesses power of decree in the sense of article 15 3 of the constitutional document within the framework of its task.
2. This power of decree is exercised by the president of the Netherlands Chamber of Culture.
Article 18
Decrees issued by virtue of art. 17, will be made known in the "Gazette of the Netherlands Chamber of Culture."
Article 19
1. An arbitration decree, issued in accordance with the stipulation in art. 17 can prescribe rules regulating controversies between members of the Netherlands Chamber of Culture.
2. The arbitration decree can rule that no member may bring a civil suit against another member, or initiate action in cases where a law suit is only possible after complaint before the arbitration procedure is finished, unless a member should sustain a loss through lapse of period of grace. The judge will ex-officios investigate, whether a law suit brought before him is permissible in conformity with the arbitration procedure.
3. The arbitration procedure may order that the arbitration bureaus have final jurisdiction in civil law controversies between members.
4. The arbitration procedure may decide that par. 1 and 3 are applicable also for arbitration and decision of disputes between a member and a third party, if so requested by both sides.
Article 20
1. The amount of dues, payable by the members to the Netherlands Chamber of Culture, may be stipulated by an order issued in accordance with article 17, regulating contributions.
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2. Contributions will be collected in accordance with an order of the President of the Netherlands Chamber of Culture, if not paid in time. This order will be executed immediately by virtue of an engrossment, as prescribed by the Civil Law Code, which engrossment bears the preamble "In the name of Justice".
Article 21
1. Fines up to a máximum amount of one thousand guilders can
be levied in accordance with a decree, issued by virtue of article
17. ,
2. A fine can only be imposed after he, who has the power of imposition, has heard the accused member of the Netherlands Chamber of Culture.
3. Article 20, par 2, is correspondingly applicable.
4. For the rest imposition of fines will follow the rules, which are laid down in an order issued in accordance with article 17, regulating the fines in cases of penal procedure.
Chapter V
Authority of the Netherlands Chamber of Culture to issue orders.
Article 22
(1) Both, the president and the executive organs of the Chamber of Culture, to which the President has granted license may render decisions in special cases regarding members of the Netherlands Chamber of Culture, within the framework of the task of the Netherlands Chamber of Culture. .
1. Concerning their compulsory activities, within the
Chamber.
2. Concerning their' participation in the activities of the
Chamber,.
3. For the rest, as far as stipulated in an order, issued by
virtue of article 17.
(2) The members of the Netherlands Chambers of Culture must obey regulations, issued in accordance with par. 1.
(3) Article 7, par. 4, will be applicable.
Article 23
(1) By virtue of art. 22, the president of the Netherlands Chamber of Culture may exercise specifically the following powers:
1. Formulating of rules for the opening, management and closing of enterprises which, according to their nature, must be members of the Chambers of Culture.
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2. Issuing of directives about the contents of collective bargaining agreements, to be concluded between the separate professional groups will in the Chamber. The rules of decree Nr. 217/1940, concerning the regulation of wages, salaries and other labor conditions have to be left intact. The authority of the Secretary-General of the Ministry for Social Welfare is also kept inviolate; it will be exercised, after the president has been heard.
(2) Measures, taken by the president by reason of par. 1, constitute no claims for indemnity.
. Article 24
All concerned will be notified of measures taken by reason of article 22. Publication in the "Gazette of the Netherlands Chamber of Culture", will also be regarded as notification.
Article 25
Everyone, who violates an ordinance, issued in accordance with article 22, may be punished by the one, who has issued the ordinance, by imposition of a fine of a maximum of one thousand guilders, if and insofar as this was specifically mentioned in the ordinance.
2. Par. 2 up to and inclusive par. 4 of article 21 have to be applied correspondingly.
Chapter VI
Joint rules for Chapter IV and V.
Article 26
1. The President of the Netherlands Chamber of Culture may hear witnesses or have them interrogated, insofar as it is necessary for the preparation of his decisions.
2. It is the duty of every person, summoned by order of the president as a witness or an expert, to obey such a summons and give testimony or serve as an expert. The paragraphs 217, 218, and 219 of the Penal Code have to be applied accordingly. The witness or expert, who does not appear, can be arraigned by order of the president.
3. The President can hear witnesses or may have them interrogated under oath, if they have attained the age of sixteen.
The witness is put under oath, to tell the truth and nothing but the truth, the expert is put under oath, that he will conscientiously fulfill his task. The witnesses and experts are compelled to swear this oath.
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4. The decrees of the laws of July 17, 1911 (State journal Nr. 215) and of April 28, 1916 (State journal Nr. 174) have to be applied.
5. If a witness refuses to answer at his interrogation without full cause of law, the questions which are put to him or refuses to render the required oath, declaration or solemn promise, then the president may fine such a witness up to a maximum amount of one thousand guilders, if he deems it beneficial for the investigation. Section 20, § 2 is valid accordingly.
6. The witnesses and experts receive, if so desired, compensation from the Netherlands Chambers of Culture, to be determined by the president in accordance with paragraphs 51, 61, 65 and 66 of the table of rates for expenses and salaries of justice and judiciary civil affairs.
Chapter VII
Budget and expenses of the Netherlands Chamber of Culture.
Article 27
1. In as much as the Netherlands Chamber of Culture cannot pay for its operation out of its own revenues alone these expenses will be paid by the State.
2. The president of the Netherlands Chamber of Culture sets up a yearly budget which requires the approval of the Secretary-General of the Ministry of Finance. The president is responsible for the proper management of this budget.
3. The year's balance sheets must be submitted every year for auditing to the General Chamber of Control [Algemeene Reken-kamer]. The Secretary-General of the Ministry of Finance gives his approval to the president oh the basis of the report from the General Chamber of Control.
Chapter VIII
State Supervision.
Article 28
The Netherlands Chamber of Culture is under the supervision of the Secretary-General of the Ministry of Public Enlightenment and Arts.
Article 29
1. Either at the request of a party concerned or ex-officio, the Secretary-General of the Ministry of Public Enlightenment and Arts may declare vôid an ordinance issued in accordance with article 17 or a regulation, based on article 22 or any other resolution of the president or of an organ of the Netherlands Cham-
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ber of Culture, if there should be a contradiction with any rules in this ordinance or with other laws, or if the general welfare is endangered. For the same reason, the Secretary-General may declare temporarily void, at request of a party concerned or exofficio a decision of the president or of an organ of the Chamber; however, this may not occur but once a year and this only for a certain period, which may not exceed one year.
2. A declaration as mentioned in par. 1 must be motivated and must be made public in the same way as the ordinance in question.
Chapter IX
Determination of cooperation of State authorities in the execution of the task of the Netherlands Chamber of Culture.
Article 30
The President of the Netherlands Chamber of Culture may ask for copies, free of charge, from the Secretary-General of the Ministry of Justice, concerning the penal register kept by this Department and from the court-clerk [griffier] at the district courts [arrondisse, ments-richtbank] concerning the penal register kept by this court. This request must be granted.
Article 31
The police authorities are obliged, to enforce adherence to ordinances of sections 3, 7, par. 2, and 32, par. 2, at request of the president, as well as to measures, taken by virtue of sections 17, 22 and 26.
Chapter X
Penal Code
1. Everyone, who is not a member of the Netherlands Chamber of Culture, in disregard of the regulation of article 3, or, contrary to the regulation of article 7, is not in possession of a certificate of exemption, but who nevertheless exercises an activity within the jurisdictional authority sphere of the Chamber, will be fined up to five thousand guilders.
2. If an organization of persons, or a foundation which has to be a member of the Netherlands Chamber of Culture, exercises an activity within the jurisdictional sphere of authority of the Chamber, without possessing a certificate of exemption, or being a member of the Chamber, then the members of the administration will be punished with such penalties as mentioned in paragraph 1; such a member is not punished, if the punishable act has been committed without his participation.
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3. Punishable acts, as meant in Pars. 1 and 2 are considered misdemeanors.
. Chapter XI
Transitory and final directions
Article 33
1. This ordinance has to be applied at the earliest moment to an activity, starting from the time of the creation of the competent guild.
2. Everyone, who wants to continue to work in the sense of article 3 after the creation of a guild In the sphere of his activity, must immediately file an application with the President of the Netherlands Chamber of Culture, to be admitted as a member, the latest within four weeks.
3. He may continue his activity, as long as a final decision on his application in accordance with par. 2 has not been reached.
4. In deviation from the rule in article 8, a contract of the kind as mentioned there, which is in force at the time mentioned in paragraph 1 of this article, stays valid as long as the decision to be reached as mentioned in par. 3, has not been rendered. The contract becomes immediately void, if the request, made with reference to par. 2, is refused. Otherwise the contract will stay valid, even after expiration of such a period as mentioned in par. 1.
Article 34
1. With the date of the creation of the "Filmguild", the Decree
Nr. 160/1940 concerning the organization of the filmindustrie becomes void.
2. Effective as of this date the property of the Netherlands Movietheatre-Organization [Netherlandsche Bioscoopbond] is transferred to the Netherlands Chamber of Culture, which also takes over all civil law claims and obligations of the Netherlands Movietheatre Organization.
Article 35
1. The date for the creation of the guilds will be named by the Secretary-General of the Ministry for Public Enlightenment and Arts, who will announce it in the "Nederlandsche Staats-courant".
2. The Secretary-General may create temporary institutions and, until the creation of the guilds is,achieved, may entrust persons or organizations with the temporary work and the exercising of the authorities as guildleaders.
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3. The Netherlands-Chamber of Culture is deemed to have come into being as soon as two guilds are in existence. This will be made known by the Secretary-General of the Ministry for Public Enlightenment and Arts by proclamation in the "Nether-landsche Staatscourant".
Article 36
This ordinance shall take effect as of the day of publication. The Hague, November 22, 1941
The Reichscommissioner for the Occupied Dutch Territories
SEYSS-INQUART
Decree establishing a Netherlands Chamber of Culture, including guilds for each cultural field, requiring membership in order to work or perform, excluding Jews from membership (with some exceptions), under the supervision of the Ministry of Public Enlightenment and Arts
Authors
Arthur Seyss-Inquart (Nazi official, Austria, Poland, Netherlands)
Arthur Seyss-Inquart
Austrian Nazi politician, and Nazi ruler of occupied Netherlands, convicted of crimes against humanity and sentenced to death (1892-1946)
- Born: 1892-07-22 (Stonařov)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Austria; Austria-Hungary; Nazi Germany
- Occupation: jurist; lawyer; politician
- Member of political party: Fatherland Front; Nazi Party
- Member of: Schutzstaffel
- Position held: Federal Chancellor of Austria (period: 1938-03-11 through 1938-03-13; replaced by: Anschluss; replaces: Kurt Schuschnigg); Federal Minister for Foreign Affairs (period: 1945-04-30 through 1945-05-02; replaced by: Lutz Graf Schwerin von Krosigk; replaces: Joachim von Ribbentrop); Reichskommissar; member of the Reichstag of Nazi Germany
- Employer: Austrian Federal Government; Reichskommissariat Niederlande
Official Gazette for the Occupied Netherlands Territories (German regime)
Date: 22 November 1941
Literal Title: Offical Gazette for the occupied Dutch territories year 1941. . . . 211 Decree of the Reichscommissioner for the Occupied Netherlands Territories, concerning the Netherlands Chamber of Culture (Kulturkammer).
Defendant: Arthur Seyss-Inquart
Total Pages: 10
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-3329
HLSL Item No.: 453258
Notes:This document was apparently not entered as evidence. The guilds included architecture, crafts, music, literature, theater, film, and journalism.