Compensation for National Socialist Injustice. Indemnification Provisions

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1 Compensation for National Socialist Injustice Indemnification Provisions

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3 Compensation for National Socialist Injustice Indemnification Provisions November 2012

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5 Compensation for National Socialist injustice Indemnification Provisions Page 3 Contents I. Development of provisions governing compensation and the consequences of war in Germany Page Beginnings of compensation under occupation law Page Restitution Page Luxembourg Agreement, Hague Protocols and Settlement Convention.. Page Additional Federal Compensation Act (1953) and Federal Compensation Act (1956) Page Implementing regulations to the Federal Compensation Act Page Final Federal Compensation Act (1965) Page General Act Regulating Compensation for War-Induced Losses Page First comprehensive agreements with European states Page German government directives, Article 2 Agreement Page Arrangements with Eastern European states Page Central and Eastern European Fund (JCC) Page Compensation for forced labourers and other victims of National Socialism Foundation for Remembrance, Responsibility and the Future Page Ghetto Work Recognition Directive Page Washington Conference on Holocaust-Era Assets Page 1 II. Provisions based on the Federal Compensation Act Page Federal Compensation Act Page Extra-legal provisions for Jewish victims (Article 2 Agreement) Page Fund for those not of the Jewish faith who were persecuted as Jews under the National Socialist regime Page Compensation for non-jewish victims Page 17

6 III. Legislation for the new Länder Page Compensation Pension Act Page Extra-legal regulations based on the Compensation Pension Act Page Property law regulations in the territory of the former GDR Page 21 IV. Compensation under the General Act Regulating Compensation for War-Induced Losses Page General Act Regulating Compensation for War-Induced Losses of 5 November Page Government directives on hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses Page Payments to victims of the National Socialist military judiciary Page Further information Page 27 Annexes Address List of law mentioned Page 28 Page 38 Page 40

7 Compensation for National Socialist injustice Page 5 I. Development of provisions governing compensation and the consequences of war in Germany 1.1 Beginnings of compensation under occupation law Almost immediately after the end of the Second World War, it became clear that compensation needed to be provided for the wrongs committed by the National Socialist regime. Those who had suffered oppression due to their political opposition to National Socialism or on the grounds of race, religion or ideology were particularly affected. Legislation was therefore drawn up in 1945 by the occupying powers and the municipalities. This led to a wide range of different measures, some of them compensatory, others more welfare-oriented in nature. The creation of the Länder (states) meant that larger administrative units were formed in Germany, and uniform regional compensation provisions were introduced too. Even then, however, it was difficult to keep track of the many different compensation provisions, both in terms of content and in terms of structure. The first step in standardising this area of law was to draw a line between restitution and compensation. 1.2 Restitution In 1947 and 1949, the three Western powers passed restitution acts for their occupation zones and for West Berlin governing restitution of and compensation for property unjustly confiscated between 1933 and 1945 as a result of racial, religious or political persecution. Following the establishment of the Federal Republic of Germany, restitution claims against the German Reich and other German entities involved in such confiscation were governed by the Federal Restitution Act of 19 July 1957 (Federal Law Gazette I, p. 734). Following German unification, provisions that were analogous to those in the restitution acts were adopted for the new Länder in the Act Regulating Open Property Matters (which entered into force together with the Unification Treaty) and the Victims of Nazi Persecution Compensation Act (Article 3 of the Compensation and Corrective Payments Act). The restitution process was concluded a long time ago. The application deadlines have passed and the administrative procedures have ceased to operate.

8 Page 6 Development of provisions governing compensation and the consequences of war in Germany Compensation provisions in the occupation zones As far as compensation law governing personal injury cases and damage to property not covered by restitution is concerned, Land laws were adopted in the American occupation zone as early as They provided for provisional payments for healthcare, vocational training, self-employment, remedies for distress situations and pensions for victims and their dependants. On 26 April 1949, the Act on the Treatment of Victims of National Socialist Persecution in the Area of Social Security (Compensation Act) was adopted for the entire American occupation zone by the Southern German Länder Council. This was promulgated by Land laws in Bavaria, Bremen, Baden-Württemberg and Hesse in August In line with Article 125 of the Basic Law, these Land laws became federal law when the Federal Republic of Germany was established and the Basic Law entered into force. Corresponding laws were enacted in the Länder of the British and French occupation zones and in West Berlin. With the exception of Länder in the British occupation zone, these laws governed the same types of damage as the Compensation Act. 1.3 Luxembourg Agreement, Hague Protocols and Settlement Convention Just as the Länder and municipalities had done prior to its establishment, the Federal Republic of Germany continued to treat moral and financial compensation for the wrongs committed by the National Socialist regime as a priority. The German Government decided as early as on 26 July 1951 that victims of pseudo-medical experiments should be compensated. Over the course of the year, great efforts were made both in the Länder and at federal level to introduce nation-wide compensation rules. At a special meeting of the German Bundestag on 27 October 1951, Federal Chancellor Adenauer declared that Germany was responsible for the atrocities committed by the National Socialist regime and offered to enter into negotiations with the state of Israel and the Jewish Claims Conference (JCC). This Conference on Jewish Material Claims Against Germany had been founded by 23 Jewish organisations on the previous day with the aim of enforcing compensation claims against Germany. Talks with representatives of Israel and the JCC were taken up in The Hague on 21 March As a result of these talks, the Hague Protocols was initialled on 8 September 1952 and an agreement with the state of Israel was signed in Luxembourg on 10 September. In this Luxembourg Agreement, Germany committed itself to paying DM3 billion to the state of Israel and DM450 million to the JCC. Germany made a large part of its payments to Israel in the form of deliveries of goods. In return, Israel waived compensation for Jewish victims of persecution who were resident in Israel in According to the second protocol to the agreement, the DM450 million fund for the JCC was intended for the support and integration of Jewish victims of persecution living outside Israel. In the first protocol, the German Government committed itself to establishing a legislative programme for Germany-wide restitution and compensation rules, and the basic principles of this legislation were defined. Principles for uniform restitution and compensation legislation were also set down in the Settlement Convention concluded in 1952 with the three Western occupying powers (Federal Law Gazette II 1954, p. 57, 181, 194).

9 Compensation for National Socialist injustice Page Additional Federal Compensation Act (1953) and Federal Compensation Act (1956) The first compensation act that applied throughout the whole of Germany was the Additional Federal Compensation Act, which was adopted on 18 September 1953 (Federal Law Gazette I p. 1387) and entered into force on 1 October Although this was much more than an addition to the Act on the Treatment of the Victims of National Socialist Persecution in the Area of Social Security, and in particular created legal equality and security on the territory of the Federal Republic of Germany, its provisions also proved inadequate. Following very detailed and careful preparation, the Federal Compensation Act (Federal Law Gazette I, p. 562) was adopted on 29 June 1956 and entered into force with retroactive effect from 1 October This Act fundamentally changed compensation for the victims of National Socialism and introduced a number of amendments improving their situation. At the outset, the Federal Compensation Act only provided for applications to be submitted until 1 April Implementing regulations to the Federal Compensation Act The fourth implementing regulation governs the reimbursement of costs for the involvement of insurance companies in resolving claims for compensation for insurance losses. The fifth implementing regulation determines which pension schemes were dissolved by National Socialist oppression. In the sixth implementing regulation (concerning a concentration camp directory), the German Government established which prison camps were to be considered concentration camps in the context of the provision in section 31 subsection (2) of the Federal Compensation Act governing the assumed loss of earning power. 1.6 Final Federal Compensation Act (1965) In applying the Federal Compensation Act, further need for amendment became clear. There was an awareness that the new piece of legislation would not be able to take account of all the demands of those eligible for compensation and that, given the high number of settled cases, these could not be re-opened. The amendment was thus to constitute the final piece of legislation in this field. After four years of intense negotiations in the competent committees of the German Bundestag and Bundesrat, the Final Federal Compensation Act was adopted on 14 September 1965 (Federal Law Gazette I, p. 1315), its very name emphasising that it was to be the last. Six implementing regulations to the Federal Compensation Act have been issued, of which the first three have been regularly amended to adapt the ongoing payments (pensions) to increasing costs of living.

10 Page 8 Development of provisions governing compensation and the consequences of war in Germany The Final Federal Compensation Act considerably extended the deadline (originally 1 April 1958, cf. I.5) as follows: > The deadline was annulled in cases of claims for immediate assistance and for mitigation of hardship (section 189 subsection (1) of the Federal Compensation Act) > The original legal position was restored in the case of failure to submit applications prior to the deadline through no fault of the applicant (section 189 subsection (3) of the Federal Compensation Act) > The deadline for subsequent registration of claims was extended to 31 December 1965 (section 189a subsection (1) of the Federal Compensation Act) > The subsequent registration of facts that had come to light after 31 December 1964 within one year (section 189a subsection (2) of the Federal Compensation Act) was introduced Nevertheless, Article VIII (1) of the Final Federal Compensation Act provides that even in cases of the original legal position being restored, no claims can be made after the 31 December 1969 deadline. In other words, claims for compensation payments under the Federal Compensation Act can no longer be submitted today. However, payments for damage to health can be adapted in cases where the victim's condition deteriorates. Furthermore, initial decisions can be revised through secondary procedures if they have been proved wrong according to the current interpretation of the law. The compensation and restitution acts were complemented by laws on compensation for public sector employees and in the sphere of insurance and pension law. 1.7 General Act Regulating Compensation for War-Induced Losses The payments provided for in the compensation laws are reserved for those who were victims of typical National Socialist injustice those persecuted for reasons of race, religion or political conviction. For other injustice leading to loss of life, damage to limb or health, or deprivation of liberty, compensation is granted under the General Act Regulating Compensation for War-Induced Losses of 5 November 1957 (Federal Law Gazette I, p.1747). Pensions and one-off compensation payments could and, in exceptional cases, still can be paid under section 5 of this Act in conjunction with the general legal provisions. 1.8 First comprehensive agreements with European states From 1959 to 1964, comprehensive agreements were concluded with Austria, Belgium, Britain, Denmark, France, Greece, Italy, Luxembourg, the Netherlands, Norway, Sweden and Switzerland for the benefit of nationals of these countries who had suffered National Socialist persecution. The Federal Republic of Germany made available a total of million (DM971 million) on the basis of these agreements. It fell to the governments of the countries concerned to distribute this financing amongst the victims. The comprehensive agreements have now been closed.

11 Compensation for National Socialist injustice Page German government directives, Article 2 Agreement After the deadline under the Final Federal Compensation Act had expired at the end of 1969, special cases of hardship continued to emerge where applicants were not eligible for payments because they had missed the deadline. Moreover, various Eastern European countries introduced emigration systems for Jewish citizens, as a result of which significant numbers of Jewish victims of Nazi persecution were able to emigrate from these countries to Israel. Because people in this group were excluded from receiving compensation at the time, the Knesset demanded changes in German compensation provisions. The German Bundestag requested the German Government to enact hardship compensation to enable those affected to receive support (resolution of 14 December 1979, (German Bundestag printed document 8/3511)). As a result, the directives on hardship compensation for Jewish victims of National Socialist persecution were issued on 3 October 1980 (Federal Gazette of 14 October 1980, No 192). Under these directives, a fund worth DM400 million was created, from which the JCC was to distribute one-off payments of DM5,000 to Jewish victims of National Socialist persecution. Similar rules were introduced for non-jewish victims of National Socialist persecution in 1981 (Federal Gazette of 29 August 1981, No 160). A compensation reserve fund was also established under the directives on hardship compensation for non-jewish victims of persecution, enabling victims resident in Germany to receive monthly payments of DM500. Although the DM400 million fund for Jewish victims of Nazi persecution was depleted over the subsequent years, numerous applicants had still not received any compensation, and the German Government therefore made a further pledge to provide a total of DM135 million for the fund. The situation changed with German unification. Article 2 of the supplementary agreement to the Unification Treaty (Agreement between the Federal Republic of Germany and the German Democratic Republic on the Enactment and Interpretation of the Treaty concluded in Berlin on 30 August 1990 between the Federal Republic of Germany and the German Democratic Republic on the Establishment of German Unity, published in Bulletin No. 112, p of 20 September 1990 Press and Information Office of the German Government) stipulated that the Federal Republic of Germany should conclude an agreement with the JCC on the compensation of Jewish victims of Nazi persecution who had not yet received any payments. This agreement known as the Article 2 Agreement was enacted on 29 October From then on, the one-off payments of DM5,000 defined in the hardship directives of 1980 were provided under this agreement. The agreement also introduced the possibility of a monthly payment of DM500 to Jewish victims who had suffered particularly severe persecution. The Federal Ministry of Finance conducts regular talks with the JCC about the implementation of the agreement with the aim of modifying and enhancing the entitlement to payments. In 2012, twenty years after it was originally concluded, it was decided that the agreement should be revised in order to simplify the rules and take account of arrangements that have been made in the meantime with regard to modifications.

12 Page 10 Development of provisions governing compensation and the consequences of war in Germany 1.10 Arrangements with Eastern European states Following the process of German unification and the end of the East-West conflict, the Federal Republic of Germany concluded arrangements on compensation for National Socialist injustice with Poland and three successor states of the Soviet Union (the Republic of Belarus, the Russian Federation and Ukraine). The Federal Republic of Germany and the Republic of Poland agreed to establish the Foundation for German-Polish Reconciliation in Poland, which is subject to Polish law and was financed with a one-off contribution of million (DM500 million). These funds were for persons who had suffered serious damage to health during the Second World War due to National Socialist injustice and were subsequently in a difficult financial situation. Foundations for understanding and reconciliation were established in Moscow, Minsk and Kiev in 1993 for the same purpose. Germany donated a total of 0.51 billion (DM1 billion) for these foundations. They in turn gave the assurance of making payments to National Socialist victims in other states of the former Soviet Union. More than 15,000 eligible persons in the Baltic states (Estonia, Latvia and Lithuania) received payments on the accepted scale from the funds of the foundations in Moscow and Minsk. Because some of those eligible from the Baltic states refused to apply to the foundations in Moscow and Minsk, additional infrastructure assistance of 1.02 million (DM2 million) was granted to the government of each Baltic state. Social institutions have been supported using these funds, especially for victims of National Socialism. Compensation payments were also made to the other Eastern and South-Eastern European states of the former Eastern bloc. For Czech victims of National Socialism, compensation was granted by the German- Czech Future Fund in accordance with the German-Czech declaration of 21 January Germany made million (DM140 million) available for this Fund. In order to carry out similar measures in the other Central and Eastern European countries (Albania, Bosnia, Bulgaria, Yugoslavia, Croatia, Macedonia, Romania, Slovakia, Slovenia and Hungary), the 1998 German budget earmarked million (DM80 million) to be made available from 1998 to Various national institutions, usually the national Red Cross, assumed responsibility for carrying out such measures in the remaining Central and Eastern European states Central and Eastern European Fund (JCC) Given the particular suffering of Jewish victims in Central and Eastern European states, the JCC established a Fund to finance additional measures for Jewish victims who had suffered particular hardship. The fund made monthly payments to victims of National Socialism who were residents of Eastern European countries. In the revised version of the Article 2 Agreement, this fund was incorporated into its broader regulatory framework.

13 Compensation for National Socialist injustice Page Compensation for forced labourers and other victims of National Socialism Foundation for Remembrance, Responsibility and the Future The Foundation for Remembrance, Responsibility and the Future was established by the Act on the Creation of a Foundation for Remembrance, Responsibility and the Future (Foundation Act) of 2 August 2000 (Federal Law Gazette I, p. 1263, most recently amended by the Act of 21 December 2006, Federal Law Gazette I, p. 3343) and equipped with 5.16 billion (DM10.1 billion) to provide compensation in particular to former forced labourers. These monies were made available by the Federal Republic of Germany and German companies. The main purpose of the Foundation was to make financial compensation available to affected persons through partner organisations. The individual partner organisations were responsible for accepting and examining claims. An application deadline 31 December 2001 had to be introduced to ensure that payments to those eligible were made without delay. An extension until 31 December 2002 was granted where applicants failed to meet this deadline through no fault of their own. This brought an end to the individual payments as of 31 December 2006, as provided for in the Foundation Act. New applications may no longer be filed. The Foundation s resources for payments to forced labourers and other victims of National Socialism have now been fully disbursed. More than 1.7 million people, 1.66 million of whom were former forced labourers, received payment. Of the Foundation s capital, 4.37 billion was disbursed for payments to former forced labourers. Under the Foundation Act, the following groups of people were eligible: > Persons who were detained in a concentration camp as defined in section 42 subsection (2) of the Federal Compensation Act or detained under comparable conditions in some other prison camp outside the present-day territory of the Republic of Austria or in a ghetto and who were subjected to forced labour (section 11 subsection (1) number 1 of the Foundation Act). > Persons who were deported from their home country to the territory of the German Reich within its 1937 borders or to a region occupied by the German Reich and were subjected to forced labour in an industrial or commercial enterprise or in the public sector and were detained under conditions other than those named above or were subjected to prison-like conditions or comparable exceptionally hard living conditions. This does not apply to persons who are able to receive payments from the Austrian reconciliation fund for forced labour performed mainly in the present-day territory of the Republic of Austria (section 11 subsection (1) number (2) of the Foundation Act). In addition, the Foundation Act contained an escape clause which allowed the partner organisations charged with implementation to provide assistance to other victims of National Socialist injustice, in particular to forced labourers in agriculture.

14 Page 12 Development of provisions governing compensation and the consequences of war in Germany Forced labour as a prisoner of war was not a cause of entitlement. The Foundation Act also provided for payments to compensate for other personal injury suffered in connection with National Socialist injustice, first and foremost in the course of medical experiments or in the case of death or serious damage to the health of a child kept in a home for forced labourers children (section 11 subsection (1), fifth sentence, of the Foundation Act). The Foundation Act also allowed for payments to persons who, in the course of racial persecution, suffered property damage, as defined in the restitution laws, significantly and directly caused by German companies and who, because they did not meet the residence requirements under the Federal Compensation Act, were unable to receive any payment (section 11 subsection (1) number 3 of the Foundation Act). The Foundation Act further envisaged a separate procedure for compensating other damage to property in connection with National Socialist injustice. The International Organization for Migration was responsible for compensating property damage, while insurance claims arising from racial persecution fell under the jurisdiction of the International Commission on Holocaust Era Insurance Claims. The ceiling for damage to property was 0.53 billion (DM1.05 billion). Following the end of the payments, the Foundation for Remembrance, Responsibility and the Future now works solely as a benevolent foundation, as provided in the Foundation Act. The Foundation s partner organisations have completed and concluded their duties in providing compensation to forced labourers. More information is available online at or at Ghetto Work Recognition Directive On 1 October 2007, the German Government passed a directive under which victims of Nazi persecution can receive a payment of 2,000 for work in a ghetto which did not constitute forced labour and which has not been recognised to date under social insurance law. The directive thus covers circumstances for which no compensation could be provided either under the Act Regarding the Conditions for Making Pensions Payable on the basis of Employment in a Ghetto (Ghetto Pensions Act) or from funds of the Foundation for Remembrance, Responsibility and the Future. The directive was enacted against the background of the very high rejection rate of applications made under the Ghetto Pensions Act of 20 June The directive made it much easier to meet the requirements for receiving payment than it was under the Ghetto Pensions Act. The Federal Social Court s new rulings on the Ghetto Pensions Act of 2 and 3 June 2009 made it necessary to re-evaluate the situation from the point of view of pensions law and led to the Ghetto Pensions Act s eligibility requirements being brought into line with those of the Ghetto Work Recognition Directive. A large number of the applications which had been rejected were reexamined by the German Statutory Pension Insurance Scheme and approved. This affected the further implementation of the directive in the version of 1 October 2007, because the payments made under the directive had to be returned if a pension under the Ghetto Pensions Act was granted for identical periods and employment. For example, repayment had to be made even if the pension granted under the Ghetto Pensions Act was well below the 2,000 payment made under the directive. Such hardship cases had to be avoided.

15 Compensation for National Socialist injustice Page 13 The directive was therefore amended with retroactive effect and redrafted in The new version removed the link between payments under the Ghetto Work Recognition Directive and the receipt of a pension under the Ghetto Pensions Act. As a consequence, the fact that work in a ghetto has been taken into account under social security law now no longer precludes a one-off payment being made in recognition of ghetto work. The Federal Office for Central Services and Unresolved Property Issues, which is responsible for implementing the directive, is reviewing the applications already processed. Final decisions are now being made on applications that were suspended because of a pension being paid. There is thus no need to submit fresh applications. The following people can apply for and receive the one-off payment of 2,000 in recognition of work in a ghetto: > people who were Victims of National Socialist persecution within the meaning of section 1 of the Federal Compensation Act, > forced to live in a ghetto which was under National Socialist influence and > employed in the ghetto without coercion during this time. Those whose work in the ghetto has already been compensated for as forced labour from funds from the Foundation for Remembrance, Responsibility and the Future do not qualify for payment. There is no legal entitlement to the payment. Only the person entitled to the payment can apply. Applications must be made in writing to the Federal Office for Central Services and Unresolved Property Issues. Further details can be found on the website of the Federal Office for Central Services and Unresolved Property Issues: ( _links/f0_ghetto/index.html) 1.14 Washington Conference on Holocaust-Era Assets Despite the material compensation that had already been granted, the Federal Republic of Germany again declared its readiness, on the basis of the principles adopted at the Washington Conference on Holocaust-Era Assets on 3 December 1998, to continue its efforts to clarify the provenance of works of art confiscated under National Socialism in so far as the legal and factual possibilities allow. Moreover, it pledged to take the steps necessary to reach an equitable and fair solution when such works of art are identified. A number of paintings by well-known artists have been returned from public ownership to their legitimate owners or their heirs in the last twelve years as a result of the implementation of the Washington principles, a joint declaration by the Federation, the Länder and national associations of municipalities, and the research undertaken. This requires careful examination of each individual case, including a check against material compensation already provided to ensure that the legitimate owners are identified and to avoid duplicate compensation. A manual on the implementation of the joint declaration and the website of the central office for the documentation of lost cultural property ( offer practical guidance for tracing and identifying works of art confiscated by the National Socialists and for making decisions on their possible return. The Federal Office for Central Services and Unresolved Property Issues carries out investigations on the provenance of works of art.

16 Page 14 Provisions based on the Federal Compensation Act II. Provisions based on the Federal Compensation Act 2.1 Federal Compensation Act The Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I, p. 1387) was the first law to codify compensation for National Socialist injustice at national level, although it was only intended as temporary legislation. Prior to its introduction, only the compensation laws of the individual Länder applied, which were based on the compensation provisions in the occupation zones of the Western powers. The Federal Compensation Act of 29 June 1956 (Federal Law Gazette I, p. 562) entered into force with retroactive effect from 1 October It is a comprehensive piece of legislation that covers all aspects of compensation for National Socialist injustice. It is implemented by the compensation authorities of the Länder (section 184 of the Federal Compensation Act). Disputes are settled by the ordinary courts (section 208 of the Federal Compensation Act). The structure created by the Federal Compensation Act was also used as a basis for extralegal provisions that were subsequently introduced. The purpose of the Act is to compensate those subjected to oppression by the National Socialist regime. a. Victims of persecution as defined in section 1 of the Federal Compensation Act Only victims of persecution by the National Socialist regime are eligible for compensation. Section 1 of the Federal Compensation Act defines victims of persecution as those who suffered damage to life, limb or health, depreciation of freedom, property or assets in their business or professional career as a result of National Socialist oppression (as defined in section 2 of the Federal Compensation Act) due to their political opposition to National Socialism or for reasons of race, religion or ideology. Those who suffered oppression as a result of being involved in artistic or academic pursuits of which the Nazi regime disapproved, or because they were close to a victim of persecution, are themselves treated as victims of persecution. Under the Federal Compensation Act, surviving dependants and close relatives who, as such, were adversely affected by National Socialist oppression are also considered to be victims of persecution. When applying the Federal Compensation Act, it became necessary to define the reasons for persecution more precisely. For example, in cases of persecution for reasons of political opposition, distinctions were

17 Compensation for National Socialist injustice Page 15 made depending on the motivation of the perpetrators. In cases where individuals were detained by the National Socialist state based on their assumed political opposition, the actual beliefs of the detainees are no longer relevant. Nationals of countries which were occupied by Germany were not considered victims of persecution due to political opposition to National Socialism because it was assumed that they were generally persecuted on the grounds of nationality. Conscientious objectors were likewise not considered to be victims of persecution due to political opposition to National Socialism. Victims had to actually have been subjected to persecution within the meaning of section 2 of the Federal Compensation Act. For instance, Jewish citizens of what used to be Palestine and is now Israel were included in the racial fanaticism of the National Socialists, but did not actually suffer oppression under the National Socialist regime. b. General War-Induced Losses Those who suffered losses as a result of the war that was started by Nazi Germany are not considered to be victims of direct National Socialist persecution within the meaning of the Federal Compensation Act. Prisoners of war, expellees, victims of the bomb war, victims of retaliatory measures in the partisan war and victims of rape all suffered terrible fates as a result of Nazi Germany's war of aggression, which was in violation of international law. These groups of people are considered to have suffered general war-induced losses which are not included in the Federal Compensation Act. c. Types of compensation The types of compensation provided under the Federal Compensation Act are pensions, one-off payments, retraining grants, medical treatment (including compensation for loss of earnings during treatment) and pensions for surviving dependants. The pensions were calculated as a percentage of the amount that would be paid to the surviving dependants of a tenured civil servant of a similar social and economic position as the victim (in the case of an accident at work). d. Territoriality principle The purpose of the Federal Compensation Act was to compensate victims of persecution living in the territory of the former German Reich. The victims had to be within the territory of application of the Act. Expellees within the meaning of the Federal Expellees Act were included. Stateless persons and refugees within the meaning of the Geneva Convention were also eligible for support under the Federal Compensation Act (limited to damage to limb or health and deprivation of liberty). e. Need for extra-legal provisions According to the Final Federal Compensation Act of 14 September 1965, no applications for support under the Federal Compensation Act could be submitted after 31 December However, it was clear that despite all the efforts made, not all victims of persecution had received compensation. In consideration of the hardship resulting from this, the German Government adopted a number of extra-statutory compensation arrangements through which victims of National Socialist persecution can receive financial aid. There is no statutory entitlement to this aid, nor do any time limits apply to these arrangements.

18 Page 16 Provisions based on the Federal Compensation Act 2.2 Extra-legal provisions for Jewish victims (Article 2 Agreement) In 2012, the German Government revised the Article 2 Agreement, which is implemented by the JCC, especially in order to allow for financial assistance to Jewish victims of Nazi persecution who have received no compensation payments to date. Grants Jewish victims of National Socialist prosecution as defined in section 1 of the Federal Compensation Act who were directly affected by National Socialist oppression within the meaning of section 2 of the Federal Compensation Act, or those who lost their parents to National Socialist oppression (child victims of prosecution) and who have received no compensation payments from Germany to date can receive a one-off payment of 2, In cases of economic hardship, ongoing assistance can be provided if the following conditions are met: > Imprisonment in a concentration camp or ghetto as defined in section 42 subsection (2) of the Federal Compensation Act > Life in hiding in degrading conditions or in illegality under a false identity Generally speaking, the two forms of compensation are mutually exclusive. However, one-off payments from German sources do not preclude the granting of ongoing assistance. Ongoing assistance is granted for the duration of the economic hardship. Pensions provided on account of old age, reduced earning capacity or death and comparable payments are not taken into account when calculating income. There is no statutory entitlement to payments under the Article 2 Agreement (oneoff or ongoing assistance). They are strictly tied to the individual person and cannot be inherited or transferred. They cannot be paid out to third parties. An exception applies to surviving spouses or, if the spouse is also deceased, to surviving children as joint beneficiaries in cases where the victim dies after submitting an application but before a decision is reached. In such cases, the payment is capped at 2,556. It is necessary to provide proof of entitlement. Should this not be possible, the entitlement can be substantiated in a suitable and plausible way. The payments can be refused in full or in part if the applicant resorted to improper means or caused, encouraged or allowed the submission of incorrect or misleading information, either through wilful intent or gross negligence. In such cases, payments may be claimed back in whole or in part. Applications can be submitted to the offices of the JCC. Institutions There is a great need for home nursing and medical care for the elderly survivors of the Holocaust, which has increased considerably over the past years. The JCC is therefore provided with resources under the Agreement for use in supporting institutions that help Jewish victims of National Socialism who require such care.

19 Compensation for National Socialist injustice Page Fund for those not of the Jewish faith who were persecuted as Jews under the National Socialist regime A fund for those who are not of the Jewish faith but who were nonetheless persecuted as Jews under the National Socialist regime was established in 1952, immediately after the Luxembourg Agreement. Payments from the fund (in the version of 15 September 1966; Federal Gazette No. 178 of 22 September 1966) may be granted to individuals who were persecuted because of their Jewish origins as defined by the Nuremberg Laws or who were adversely affected by the persecution as a near relative. Furthermore, they must not have belonged, or still belong, to the Jewish community, either at the time of the persecution or of the decision on their claim for compensation. This is a necessary delimitation from the responsibility of the JCC for practising Jews. Moreover, potential beneficiaries of the fund include the spouses of Jewish victims who themselves did not fall under the Nuremberg Laws but who were persecuted due to the Jewish origins of their spouses or who were adversely affected by this persecution. The Federal Ministry of Finance is responsible for the administration of the fund. There is no statutory entitlement to payments from the fund. They are strictly tied to the individual person and cannot be inherited or transferred. Grants Payments from the fund may be granted either in the form of one-off or ongoing assistance. The factors that are taken into consideration include the gravity and impact of the persecution as well as the financial and personal circumstances of the applicant and of any relatives legally obliged to provide support The level of the ongoing assistance is determined by guideline figures which are regularly adjusted to reflect general economic developments. One-off assistance is generally granted to cover the cost of living or specifically to cover costs incurred by illness which are not covered by other means or for the acquisition of household articles or clothing. Institutions Under the directives of the fund for persons not of the Jewish faith who were persecuted as Jews, grants can be provided to organisations responsible for old people's or other homes if they make a long-term commitment to provide a certain requisite number of places in the homes to those eligible for payments. Individuals can submit applications for compensation informally to the Federal Ministry of Finance. 2.4 Compensation for non-jewish victims The German Government made corresponding provisions for non-jewish victims in its Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution of 26 August 1981 in the version of 7 March 1988, known as the Compensation Disposition Fund (Federal Gazette No. 55 of 19 March 1988).

20 Page 18 Provisions based on the Federal Compensation Act Under these provisions, non-jewish victims of persecution who suffered damage to their health as a result of National Socialist injustice or who were prosecuted because of their political opposition to National Socialism or on the grounds of race, religion or ideology (sections 1 and 2 of the Federal Compensation Act) but were not eligible for statutory compensation payments for formal reasons could receive one-off payments of up to 2, and, in special cases, ongoing assistance. The following constitute special cases: In contrast to the one-off assistance described above, assistance from the Compensation Reserve Fund can only be granted to those with German nationality or to those who gained it before 1 January 1999 or to non-german citizens of German origin as defined by the Federal Expellees Act. There is no statutory entitlement to the measures under these provisions. They are strictly tied to the individual person and cannot be inherited or transferred. The Federal Ministry of Finance decides on claims in accordance with these guidelines. > Imprisonment in a concentration camp as defined by the Federal Compensation Act for at least three months; individual reviews are possible in the case of shorter imprisonment. > Imprisonment in a prison camp or life in camp-like conditions for at least three months; individual reviews are possible in the case of shorter imprisonment. > Life in hiding in degrading or particularly difficult conditions or in illegality for at least six months if this led to permanent damage to health and a disability of at least 50%.

21 Compensation for National Socialist injustice Page 19 III. Legislation for the new Länder 3.1 Compensation Pension Act The Act on Compensation for Victims of National Socialism in the Regions Acceding to the Federal Republic of 22 April 1992 (Federal Law Gazette I, p. 906) was enacted in order to regulate compensation for eligible persons in the new Länder. It entered into force on 1 May Article 1 of this Act contains the Compensation Pension Act, which regulates the payment of honorary and dependants pensions for victims of National Socialism from the former GDR from the date of its entry into force. This legislation was necessary because the legal basis for honorary pensions paid out in the former GDR to fighters against fascism and for the victims of fascism, as well as their dependants, largely ceased to exist on 31 December The Unification Treaty provided that the legislation of 20 September 1976 which had been valid in the former GDR for fighters against fascism and for the victims of fascism, as well as their dependants, would only remain in force until 31 December However, it was stipulated that the honorary pensions being provided at that time and the resulting payments for dependants were to continue. As well as establishing that payment of the honorary pensions in existence on 30 April 1992 be continued in the form of compensation pensions of a different amount, the Compensation Pension Act also grants a right to submit a new application to those victims of National Socialism who were refused an honorary pension by the then competent GDR agency on unconstitutional grounds or following an initial approval whose pension was subsequently withdrawn. Responsibility for implementing this Act lies with the Federal Insurance Office. 3.2 Extra-legal regulations based on the Compensation Pension Act Likewise as of 1 May 1992, supplementary German Government directives based on section 8 of the Compensation Pension Act (Federal Gazette No. 95 of 21 May 1992, p. 4185) entered into force for persons who are victims as defined by section 1 of the Federal Compensation Act but who are not entitled to a compensation pension under this Act and were, or are, unable to receive payments under other compensation regulations due to their having their place of

22 Page 20 Legislation for the new Länder residence in the former GDR. Those who left the former GDR after 30 June 1969 and were resident in the territory of the Federal Republic of Germany on 2 October 1990 are also entitled to submit an application. Under section 8 of the Compensation Pension Act, the prerequisite for a pension under these supplementary directives, which are implemented by the Federal Ministry of Finance, is, among other things, that the victim: > was imprisoned for at least six years in a concentration camp as defined by the Federal Compensation Act or This provision reads as follows: A compensation pension is granted to widows and widowers if the marriage was contracted before 1 January This also applies if marriage was not possible before 1 January 1951 due to the absence of official documents or on other important grounds or if a quasi-marital relationship existed and the marriage took place after this date. In the case of return from emigration or release from internment, imprisonment or prisonerof-war status after 31 December 1945, the deadline shall be five years after the return or release rather than 1 January > spent at least 12 months in certain other National Socialist prisons or > suffered at least 12 months of another form of deprivation of freedom of a certain degree of severity. In exceptional cases, other forms of harm, comparable in terms of gravity and impact to the aforementioned circumstances, can be taken into consideration. In addition, female applicants must have reached the age of 55 and male applicants the age of 60, or the applicant must be an invalid as defined by Article 2( 7) (3) of the Pension Law Conversion Act of 25 July 1991 (Federal Law Gazette I, p. 1606) before a pension can be granted. Should a victim of persecution who fulfils the directive prerequisites be deceased, his/her widow or widower will, if he/she is incapable of working, receive a pension in accordance with section 2 subsection (6) of the Compensation Pension Act. The pension amounts to (DM1,400) per month for victims and 410 (DM800) per month for their widows and widowers. Any payments which the eligible person has received, or is still receiving, under German Government or Länder provisions not connected with the Federal Compensation Act are deducted from the pension. As with compensation pensions under the Compensation Pension Act, payments under the directives are to be refused or revoked, either in part or in full, if the eligible person or the person from whom the eligibility is derived has violated the principles of humanity or the rule of law or has seriously abused his/her position to his/her own gain or to the disadvantage of others. Applications for a compensation pension may be submitted to the Federal Ministry of Finance.

23 Compensation for National Socialist injustice Page Property law regulations in the territory of the former GDR The Act Regulating Open Property Matters entered into force together with the Unification Treaty on 29 September According to section 1 subsection (6), it is to be applied to claims by citizens and associations that were persecuted between 30 January 1933 and 8 May 1945 on racial, political, religious or ideological grounds and lost their property as a result. The Act thus ties in with legislation concerning the return of property. The claims had to be submitted by the end of 1992 (for real estate) or by the end of June 1993 (for movable property). The Act stipulates that the JCC is the legal successor to any heirless or unclaimed Jewish lost property. The value of property returned to the victims of National Socialism under this Act can only be partially quantified. According to the JCC, more than 724 million had been generated from the sale of restored property by the end of If it is not possible to return property or if the persons concerned have exercised their right to choose compensation instead, they receive compensation under the Victims of Nazi Persecution Compensation Act. The payments come from the Compensation Fund, a special federal fund. The amount is determined on the basis of legislation governing restitution and has been doubled in the light of the time that has passed. A total of 1.83 billion in compensation payments had been made by the end of To speed up the process of getting compensation to the victims, comprehensive settlements were reached, starting in 2002, between the Compensation Fund and the JCC in cases of a similar nature in which the JCC is the eligible party. The settlements reached were in respect of damage to synagogues and their contents (settlement in 2002), damage to movable property and household effects (2004), damage to the property of self-employed persons (2006), as well as losses suffered with respect to security rights over land and bank account balances (2007), assets of organisations (2009), the clothing industry (2011/12) and securities (2012). Until 1976, US citizens could submit claims for loss of assets in the former GDR to a commission set up by the US Administration. The subsequent talks conducted with the GDR on compensation did not produce any results. After reunification, the negotiations were continued with the German Government and concluded with the Agreement of 13 May 1992 between the Federal Republic of Germany and the Government of the United States of America Concerning the Settlement of Certain Property Claims. This Agreement made it possible for US citizens to either accept compensation in the United States under this Agreement or to take part in the abovementioned German property law proceedings in Germany. The German Government transferred a total of approximately US$102 million for compensation in the United States. It is not known what proportion has been paid out to victims of National Socialism. The group of eligible persons includes about 1,000 Jewish claimants who gained US citizenship after their property had been damaged but before the end of 1951.

24 Page 22 Compensation under the General Act Regulating Compensation for War-Induced Losses IV. Compensation under the General Act Regulating Compensation for War- Induced Losses 4.1 General Act Regulating Compensation for War-Induced Losses of 5 November 1957 Section 5 of the General Act Regulating Compensation for War-Induced Losses of 5 November 1957 (Federal Law Gazette I, p. 1747), most recently amended by Article 2 (16) of the Act of 12 August 2005 (Federal Law Gazette I, p. 2354), governs the claims of those who suffered damage during the National Socialist regime and did not qualify as victims as defined by sections 1 and 2 of the Federal Compensation Act. While the compensation laws regulate all property and non-property claims, the Act only provides for compensation for damage to life, limb, or health, as well as deprivation of freedom. Section 5 of the Act grants a right to compensation for unlawful violations of these objects of legal protection in accordance with the general legal provisions, in particular in accordance with the provisions on state liability and in accordance with the civil law regulations on unlawful acts (section 823 ff of the Civil Code). Claims under section 5 of the Act are only recognised if on 31 December 1952 the persons who suffered damage had their domicile or were permanently resident in the then area of application of the Act or in a state which had recognised the Government of the Federal Republic of Germany by 1 April 1956 (section 6 subsection (1) of the Act) or fulfilled one of the other residence or deadline requirements referred to in section 6. Exceptions for expellees (immigrants of ethnic German origin), returnees or persons who did not settle in territory of the Federal Republic of Germany until after 31 December 1952 by way of family reunification play virtually no role today. The above-mentioned claims had, in principle, to be submitted within one year after the Act entered into force, i.e., by 31 December 1958 (section 28 of the Act). If the submission deadline had passed, an extension could be granted for one more year, i.e., until 31 December Claims under section 5 are now, in practice, only being wound up. New submissions are only possible in a few exceptions, namely where claims arose after the Act entered into force. In such cases, the one-year submission deadline begins with the emergence of the claim. This can, for example, apply to damage to health which arose or

25 Compensation for National Socialist injustice Page 23 became much worse at a later point in time. The same applies to damage suffered in relation to state old-age pensions due to an inability to pay contributions as a result of unlawful deprivation of freedom, which does not become apparent until the person concerned retires. As of 1 August 2008, the Federal Finance Office (West)is responsible for processing claims under section 5 of the Act. 4.2 Government directives on hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses a. Scope According to the German Government directives on hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses, which were issued on 7 March 1988 and revised on 28 March 2011 (Federal Gazette of 1 April 2011, p. 1229), compensation is to be made to persons who are not victims of persecution within the meaning of section 1 of the Federal Compensation Act, but who, due to their physical or mental constitution or to their personal or social behaviour, were either individually or collectively targeted by the National Socialist regime, and as a result suffered injustice. These payments are intended to mitigate hardship for which the General Act Regulating Compensation for War-Induced Losses does not provide any compensation due to individuals having missed the respective deadlines or for other reasons. In accordance with the German Government directives on hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses, one-off payments of up to 2, may be granted. The directives also allow ongoing compensation payments to be made in exceptional cases where more assistance is required due to special circumstances. The directives on hardship compensation do not aim to provide any financial compensation for war damage, exclusive damage to property or possessions, or prewar or war-induced hardship of any kind. b. Eligibility According to the above-mentioned directives, anyone who suffered damage or harm as a result of National Socialist injustice and who is not a victim of persecution within the meaning of the Federal Compensation Act may submit an application for compensation. Various groups of individuals who suffered damage or harm resulting from acts that are contrary to the rule of law and that were performed by persons acting in the name of the German Reich are entitled to submit applications. These groups would predominantly include the victims of sterilisation and the euthanasia programme. Compensation can also be provided to individuals who were identified by the National Socialist state or party as work-shy, refusing to work, asocial, homosexual, inciting disobedience, conscientious objector, criminal and vagrant and who for this reason suffered National Socialist oppression, for example, being detained in concentration camps or at similar establishments. Victims of psychiatric persecution

26 Page 24 Compensation under the General Act Regulating Compensation for War-Induced Losses may also apply. Depending on the individual circumstances of a specific case, the directives on hardship compensation may also permit compensation payments to be made to individuals who were part of the youth resistance movement. The following provides more specific information on some of these groups and the damages that were suffered: Victims of forced sterilisation Victims of forced sterilisation who do not fulfil the requirements for compensation payments under the Federal Compensation Act receive, upon application, a one-off payment amounting to 2, on the basis of the directives on hardship compensation, as well as ongoing monthly payments of 291 (as of 1 January 2011, previously 120). In exceptional cases, additional ongoing payments may also be granted. Euthanasia programme victims The so-called euthanasia establishments are considered to be prison camps within the meaning of the directives because the human dignity of the patients was invariably violated in these establishments and the patients' physical and psychological wellbeing was constantly threatened. The establishments at Grafeneck in Württemberg, Hartheim near Linz, Sonnenschein near Pirna, Bernburg an der Saale, Hadamar near Limburg, and Brandenburg an der Havel fall within this category. Upon application, the victims directly subjected to these euthanasia establishments receive one-off payments of 2, and, since 1 January 2011, ongoing monthly payments of 291. In exceptional cases, additional ongoing payments may also be granted. In certain exceptional cases in particular if they have not received any support payments the dependent spouses and children of those victims of National Socialist injustice who died in euthanasia establishments may also be entitled to receive the one-off payments. Homosexuals On the basis of the circular issued by the Reich Main Security Office on 12 July 1940, a great many homosexuals were sent to concentration camps either without having been convicted of any offence or after having served a sentence. Compensation can be made for damages that were suffered as a result of such actions, in particular if the respective individual was sent to a concentration camp. Criminals According to the circulars of the Reich and Prussian Minister of the Interior of 14 December 1937, the criminal police were authorised, in certain instances, to take socalled professional and habitual criminals into preventive custody (cf. Buchheim, Die Aktion Arbeitsscheu Reich, Gutachten des Instituts für Zeitgeschichte, Vol. II, Stuttgart [1966], p. 189 ff). Insofar as alleged criminals were taken into custody and no criminal proceedings were initiated, or insofar as convicted criminals were incarcerated for a longer period of time than that to which they were sentenced in criminal proceedings, such individuals may also qualify for payments. Individuals who were identified as work-shy, refusing to work, vagrants or asocial The National Socialist regime also took socalled preventive measures against this group of individuals. This was done to ensure that these individuals entered regular

27 Compensation for National Socialist injustice Page 25 employment, and to ease the tense situation on the labour market. The legal basis consisted of, among other things, the previously mentioned circulars of the Reich and Prussian Minister of the Interior of 14 December 1937, as well as instructions of the Reich Minister of the Interior of 18 September 1939 (Buchheim, loc. cit., Vol. II, p. 189 ff). Individuals who were affected by such measures are also eligible to apply for compensation. Victims of the National Socialist judiciary The directives also provide for compensation in cases where a court-imposed sentence was served, if an examination of the individual case reveals that either the judgment or its execution was contrary to the rule of law. For example, a judgment may be deemed contrary to the rule of law if the punishment is considered to be unusually hard and cruel in comparison to the alleged criminal act. Decisions on such matters are based on the respective range of punishment as set out in the Reich Penal Code that was in force prior to 30 January For military offences, decisions are based on the respective range of punishment as set out in the Military Penal Code of 15 June As a rule, the authoritative judgment shall be either the one that was pronounced in the last instance or the subsequent decision of a court to pardon the individual. If a judgment was reversed or could have been reversed in accordance with Bavarian Act No. 21 on the Compensation of Victims of National Socialist Jurisdiction of 28 May 1945 (Bavarian Official Gazette No. 11/1946, p. 180), in accordance with another relevant Land law, or in accordance with the Act to Reverse Unjust National Socialist Judicial Rulings of 25 May 1990 (Federal Law Gazette I, p. 966), the prerequisites for an act of National Socialist injustice are fulfilled provided the offence in question would not have been a criminal offence before 30 January The same applies to the Act to Reverse Unjust National Socialist Judicial Rulings in Criminal Cases. In instances where death sentences were pronounced between 30 January 1933 and 8 May 1945 for military offences, and if these sentences were not reversed prior to 8 May 1945, there is prima facie evidence to suspect that an unjust punishment was pronounced (cf. Federal Social Court, Neue Juristische Wochenschrift 1992, p. 934). In instances where individuals were sentenced to prison terms for violating the ban on listening to enemy broadcasts, or for consorting with prisoners of war and other foreigners, the prerequisites are generally fulfilled for receiving compensation based on the directives on hardship compensation under the General Act Regulating Compensation for War-Induced Losses. Accordingly, payments under the General Act Regulating Compensation for War- Induced Losses are also made to persons who were imprisoned between 1933 and 1945 provided that the imprisonment is based on a penal decision that was reversed in the Act to Reverse Unjust National Socialist Judicial Rulings of 25 August 1998 (Federal Law Gazette I, p. 2501), amended by the Act of 23 July 2002 (Federal Law Gazette I, p. 2714). As a rule, no compensation can be made if, after 8 May 1945, either a German or an Allied court ruled that a sentence served as a result of a judgment passed from 30 January 1933 to 8 May 1945 was legitimate. National Socialist injustice may also have occurred as a result of the way in which a sentence was served. An example of this is detention at concentration camps. Convicted members of the Wehrmacht may qualify for payments under the Federal War Victims Relief Act; as a rule, such claims are to be examined by the respective Länder pension authorities.

28 Page 26 Compensation under the General Act Regulating Compensation for War-Induced Losses c. Further requirements for eligibility d. Compensation payments An application must be submitted in order to receive a one-off payment on the basis of the directives under the General Act Regulating Compensation for War-Induced Losses. Payments may only be made to individuals who are German citizens; those who do not hold German citizenship or only acquired German citizenship after 8 May 1945 must be of German ethnic origin under the definition of sections 1 and 6 of the Federal Expellees Act. The applicant must either be domiciled, or have his or her permanent place of residence, in the Federal Republic of Germany at the time he or she submits an application for compensation. Assistance is granted on an individual basis and is therefore non-transferable. Heirs of victims are not eligible to claim compensation. In exceptional cases, one-off payments may also be granted to surviving spouses if they were significantly affected by the injustice perpetrated against their spouse or its consequences. Children whose parents were both killed due to a National Socialist oppressive measure may receive a one-off payment of 2, provided that at the time of the parents' death they had not yet reached the age of twenty-one or were entitled to maintenance because they were still undergoing education and had not reached the age of twenty-seven. All assistance that is granted under the directives on hardship compensation is provided as compensation to affected individuals for the injustice they suffered. It is therefore not intended to reduce in any way benefits that affected individuals are legally authorised to receive. A distinction must be drawn between oneoff payments (up to 2,556.46), ongoing monthly payments ( 291) and additional ongoing payments (in individual cases). Persons who suffered substantial damage to their body or health, victims of forced sterilisation and victims of the euthanasia programme receive one-off payments of 2, Persons who suffered deprivation of liberty receive a one-off payment of for each month of imprisonment or part thereof; the maximum total amount being 2, Victims of forced sterilisation and those directly affected by euthanasia measures receive ongoing monthly payments of 291 in addition to the one-off payments (this applies since 1 January 2011). In certain exceptional cases, in which special circumstances require that further assistance be provided and in which the victims are currently in financial need, additional ongoing assistance may be granted. In this context, the type and severity of the injustice that was suffered, as well as the severity and duration of the effects of the injustice, are to be taken into special consideration. Exceptional circumstances are assumed in particular in the following instances: > Nine months or more of detention in a concentration camp as defined in section 42 subsection (2) of the Federal Compensation Act > Eighteen months or more of deprivation of freedom in another type of prison or in a euthanasia establishment > Thirty months or more of living in hiding in degrading or particularly severe conditions; or

29 Compensation for National Socialist injustice Page 27 > Forced sterilisation under the National Socialist regime Notwithstanding the above conditions, compensation payments may be granted in exceptional cases where more assistance is required due to exceptional circumstances. Prior to the amendment of the directives on hardship compensation in autumn 2002, it was generally required that anyone submitting an application must currently be in a state of need. The details defining a state of need were set out in accordance with the implementing regulations to the Federal Compensation Act. Since the amendment, one-off assistance payments may be granted even if the family s income exceeds the level stipulated for a state of need. The same applies to the ongoing payments to victims of forced sterilisation and those affected directly by euthanasia measures. In the case of additional ongoing payments, however, the state of need requirement continues to apply. Applications that were rejected for not meeting the state of need requirement were automatically re-examined, and compensation was granted to all applicants who qualified. e. Processing of applications by the Federal Finance Office (West) The directives on hardship compensation under the General Act Regulating Compensation for War-Induced Losses are implemented centrally by the Federal Finance Office (West). There is no deadline for applications. 4.3 Payments to victims of the National Socialist military judiciary The Instructions for the Final Settlement of the Rehabilitation and Compensation of Individuals Convicted During the Second World War for Inciting Disobedience, Conscientious Objection or Desertion of 17 December 1997 (Federal Gazette No. 2 of 6 January 1998), most recently amended on 30 December 1998 (Federal Gazette No. 8 of 14 January 1999), provides that individuals who were convicted of the above-mentioned offences during the Second World War are eligible to receive an additional one-off payment of 3, This entitlement is based on a decision of the German Bundestag of 15 May 1997 in which it was determined that, in the above-mentioned cases, the judgments passed by the Wehrmacht judiciary during the Second World War were unjust if rule-of-law principles are applied. The Bundestag therefore called upon the German Government to make an additional one-off payment of 3, (DM7,500) to the victims of the Wehrmacht judiciary or to their relatives. Compensation has been granted in more than 500 of the above-mentioned cases. The deadline for submitting an application passed on 31 December Further information Federal Finance Office (West) can provide information on all questions relating to compensation for National Socialist injustice.

30 Page 28 annex Annexes Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Public-sector compensation payments Compensation paid by the Länder outside of the Federal Compensation Act Payments made under the Federal Compensation Act Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses Comprehensive agreements on compensation German Government directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)

31 Compensation for National Socialist injustice Page 29 Annex 1: Public-sector compensation payments Last updated on 31 December 2011 Payments made so far Payments in billions of euros until 2010 in 2011 until Federal Compensation Act Federal Restitution Act Compensation Pension Act Victims of Nazi Persecution Compensation Act Luxembourg Agreement Comprehensive agreements (and similar agreements) * Other payments This breaks down into: Civil service Wapniarka, Hardship Fund for Non-Jewish Victims of National Socialism Victims of pseudo-medical experiments, Art. VI Final Federal Compensation Act, etc. 8. Payments made by the Länder outside of the Federal Compensation Act Hardship compensation (not including the Länder) Foundation for Remembrance, Responsibility and the Future Total: *Adjustment for preceding years The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved.

32 Page 30 Annex Approximately 17% of payments made under the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany, and approximately 40% to individuals who live in Israel; the remaining proportion is disbursed to individuals who live elsewhere. Approximately 15% of ongoing payments made under the Federal Compensation Act are disbursed to individuals who live in Germany; approximately 85% of ongoing payments are disbursed to individuals who live abroad. During the period from 1 October 1953 to 31 December 1987, 4,384,138 applications were submitted for compensation under the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I, p. 1387), the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I, p. 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I, p. 1315). These applications were processed as follows: of applications processed, from 1 January 1988 to date is small and continues to decline; the Länder are therefore no longer keeping a statistical record of this figure. Except in a negligible number of cases, compensation under the Federal Restitution Act has been completed. The above table does not include other payments the individual amounts of which cannot be exactly determined totalling several billion euros that were made under other directives, e.g., the Act on Social Insurance Pensions for Victims of National Socialism, the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivors Pensions and the General Act Regulating Compensation for War-Induced Losses. The Foundation for Remembrance, Responsibility and the Future has not made any ongoing compensation payments; it has only made one-off payments. The Foundation received funding totalling 5.1 billion. Approved 2,014,142 Denied 1,246,571 Otherwise processed (e.g., application withdrawn) 1,123,425 There is no statistical record of the total number of applicants. This number is, however, not identical to the number of applications submitted. According to information provided by the Länder who are responsible for implementing the Federal Compensation Act on average, every applicant submitted more than one application. Nor is it possible to determine the total number of claims submitted, or the number of claims submitted by each individual applicant. The number of applications, and Of this, the German Government provided the billion recorded in the table above. The remainder came from German companies that participated in the German Business Foundation Initiative. By the time the last payments were made in 2007, the Foundation, which was set up to help forced labourers and other victims of National Socialism, had disbursed a total of more than 4.7 billion to around 1.7 million eligible victims of National Socialism, in particular forced labourers.

33 Compensation for National Socialist injustice Page 31 Annex 2: Compensation paid by the Länder outside of the Federal Compensation Act 1950 to 2011 (figures provided by the Länder) Länder in 2011 in thousands of euros up to the end of 2011 in millions of euros Baden-Württemberg 6 37 Bavaria 10, Berlin 16, Bremen Hamburg Hesse 2, Lower Saxony 2, North Rhine-Westphalia Rhineland-Palatinate 5, Saarland 44 1 Schleswig-Holstein TOTAL: 38,262 approx. 1,759 Note: all figures have been rounded

34 Page 32 Annex Annex 3: Payments made under the Federal Compensation Act between 1 October 1953 and 31 December 2011 million (figures provided by the Länder) Type of damage or harm suffered Type of compensation made One-off payments Ongoing payments Total payments Total Of column 1 To individuals residing abroad Total Of column 3 To individuals residing abroad Total To individuals residing abroad Ongoing payments on 1 December 2011 Number Monthly total columns columns in thousands of euros Loss of life ,777 2,745 4,116 3,015 1,238 1, Damage to limb or health 2,125 1,635 26,302 23,320 28,427 24,955 36,636 21, Deprivation of liberty 1,442 1, ,442 1, Damage to property Damage to assets Charges, fines, etc Damage to professional careers 1,656 1,352 8,434 6,868 10,090 8,220 1, Damage to business Granting of immediate assistance Provision of health care Mitigation of hardship Total: 6,774 5,136 38,961 33,286 45,735 38,422 39,891 23,542 (Note: any divergence of total amounts results from rounding to the nearest million) Total amount disbursed in compensation payments: Average ongoing monthly payment: before 30 September million under Article V of the Final Federal Compensation Act 614 million under the Federal Compensation Act (cf. column 5 above) 45,735 million for loss of life, damage to limb or health: approx. 838 of all ongoing compensation payments: approx ,726 million

35 Compensation for National Socialist injustice Page 33 Annex 4 (1): Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses Last updated on 31 December 2011 One-off payments Total no. of applications 7,966 1 broken down into the following groups: Forced sterilisation 4,668 Euthanasia 497 Forced labour 140 Inciting disobedience 304 Criminals 46 Asocial 288 Homosexual 20 Conscientious objectors 59 Psychiatric patients 39 Members of a youth organisation 9 Refusing to work 29 Work-shy 33 Vagrants 4 not part of, or cannot be clearly assigned to, one of the above groups 1,830 total Compensation approved 6, , Compensation denied, or case referred total 2, , In addition to this figure, some 9,470 applications for compensation by victims of forced sterilisation were received between 1980 and This figure also includes cases in which compensation was approved for applications received before Before 1988, payments were also made in 8,805 cases to victims of forced sterilisation.

36 Page 34 Annex Annex 4 (2): Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses Last updated on 31 December 2011 Ongoing payments under section 6 Compensation approved Compensation denied, or case referred Total no. of applications 3,855 total 2,140 total 1,129 broken down into the following groups: Forced sterilisation 3,142 1, Forced labour Euthanasia Inciting disobedience Conscientious objectors Criminals Homosexual Members of a youth organisation Asocial Psychiatric patients Refusing to work not part of, or cannot be clearly assigned to, one of the above groups

37 Compensation for National Socialist injustice Page 35 Annex 4 (3): Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-Induced Losses Last updated on 31 December 2011 Ongoing 291 assistance payments in accordance with section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-Induced Losses (increased from 120 to 291 starting on 1 January 2011) Total no. of applications 11,243 No. of applications processed 9,876 Of these, approved 9,607 Of these, denied 269 Payments made so far In accordance with the directives on hardship compensation under the General Act Regulating Compensation for War-Induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-off payment to victims of forced sterilisation, the following amount was disbursed between 1980 and 2011: 127,471, This breaks down into: One-off payments 14,433, Ongoing payments 55,848, Additional ongoing assistance under Section 6 subsection (4) of the directives under the General Act Regulating Compensation for War-Induced Losses 57,189,079.98

38 Page 36 Annex Annex 5: Comprehensive agreements on compensation Country Date agreement was concluded Published in Federal Law Gazette II Compensation in millions of DM Luxembourg 11 July , p Norway 7 August , p Denmark 24 August , p Greece 18 March , p Netherlands 8 April , p France 15 July , p Belgium 28 September , p Italy 2 June , p Switzerland 29 June , p Austria 27 November , p United Kingdom 9 June , p Sweden 3 August , p

39 Compensation for National Socialist injustice Page 37 Annex 6: German Government directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive) Statistics on applications received and processed Last updated on 31 December 2011 Applications received 62,133 Approved 32,616 In total, approx. 65 million have been disbursed to date. Applications received under the Ghetto Work Recognition Directive by country Last updated on 31 December 2011 Canada 4% Netherlands 2% Germany 2% Serbia 5% Ukraine 2% Other 7% Israel 48% Hungary 7% USA 23%

40 Page 38 Annex Addresses I. Federal Office for Central Services and Unresolved Property Issues (Bundesamt für zentrale Dienste und offene Vermögensfragen) DGZ-Ring Berlin, Germany Or: Bonn, Germany II. Federal Finance Office West (Bundesfinanzdirektion West) Woerthstrasse Cologne, Germany Tel. +49(0) 221/ Zentrale Auskunftsstelle zur Wiedergutmachung nationalsozialistischen Unrechts Woerthstrasse Cologne, Germany Tel. +49(0) 221/ Street address: Neusser Strasse Cologne, Germany III. Federal Ministry of Finance (Bundesministerium der Finanzen) - Bonn office: Postfach Bonn, Germany

41 Compensation for National Socialist injustice Page 39 IV. Federal Insurance Office (Bundesversicherungsamt) Geschäftsstelle der Kommission zum Versorgungsruhens- und Entschädigungsrentengesetz Referat I 6 Friedrich-Ebert-Allee Bonn, Germany V. Claims Conference Härtefonds / Hardship Fund - Art. 2-Fonds / Art. 2 Fund Europe: Israel: Other: Sophienstrasse Frankfurt am Main Germany Ha arbaa Street 8, 1 st Floor Tel Aviv Israel 1359 Broadway Room 2000 New York, NY USA VI. Coordination Office of the Länder for the Return of Cultural Treasures (Koordinierungsstelle für Kulturgutverluste) Turmschanzenstraße Magdeburg, Germany VII. Foundation for Remembrance, Responsibility and the Future Lindenstraße Berlin, Germany Tel.: +49 (0) Fax: +49 (0) [email protected]

42 Page 40 Annex List of laws mentioned (English German) Act on Compensation for Victims of National Socialism in the Regions Acceding to the Federal Republic Act on Social Insurance Pensions for Victims of National Socialism Act on the Creation of a Foundation for Remembrance, Responsibility and the Future (Foundation Act) Act on the Treatment of Victims of National Socialist Persecution in the Area of Social Security Act Regulating Open Property Matters Act to Reverse Unjust National Socialist Judicial Rulings in Criminal Cases Additional Federal Compensation Act Basic Law Bavarian Act No. 21 on the Compensation of Victims of National Socialist Jurisdiction Compensation and Corrective Payments Act Compensation Pension Act Federal Act for the Settlement of the Monetary Restitution Liabilities of the German Reich and Legal Entities of Equal Legal Status (Federal Restitution Act) Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivors Pensions Federal Compensation Act Federal Expellees Act Gesetz über Entschädigungen für Opfer des Nationalsozialismus im Beitrittsgebiet (NSOEBGG) Gesetz über die Behandlung der Verfolgten des Nationalsozialismus in der Sozialversicherung Gesetz zur Errichtung einer Stiftung Erinnerung, Verantwortung und Zukunft (EVZStiftG) Gesetz zur Wiedergutmachung nationalsozialistischen Unrechts (USEG) Gesetz zur Regelung offener Vermögensfragen (VermG) Gesetz zur Aufhebung nationalsozialistischer Unrechtsurteile in der Strafrechtspflege NS- Aufhebungsgesetz (NS-AufhG) Bundesergänzungsgesetz zur Entschädigung für Opfer der nationalsozialistischen Verfolgung (BErgG) Grundgesetz (GG) Bayerisches Gesetz Nr. 21 zur Wiedergutmachung nationalsozialistischen Unrechts in der Strafrechtspflege vom 28. Mai 1945 Gesetz über die Entschädigung nach dem Gesetz zur Regelung offener Vermögensfragen und über staatliche Ausgleichsleistungen für Enteignungen auf besatzungsrechtlicher oder besatzungshoheitlicher Grundlage (EALG) Entschädigungsrentengesetz (ERG) Bundesgesetz zur Regelung der rückerstattungsrechtlichen Geldverbindlichkeiten des Deutschen Reiches und gleichgestellter Rechtsträger (BRüG) Bundesgesetz zur Wiedergutmachung nationalsozialistischen Unrechts in der Kriegsopferversorgung (BWKAusl) Bundesgesetz zur Entschädigung für Opfer der NSVerfolgung (BEG) Gesetz über die Angelegenheiten der Vertriebenen und Flüchtlinge (BVFG)

43 Compensation for National Socialist injustice Page 41 Federal War Victims Relief Act Final Federal Compensation Act General Act Regulating Compensation for Warinduced Losses Implementing regulations to the Federal Compensation Act Law Regarding the Conditions for Making Pensions Payable on the basis of Employment in a Ghetto (Ghetto Pensions Act) Pension Law Conversion Act Victims of Nazi Persecution Compensation Act Gesetz über die Versorgung der Opfer des Krieges (BVG) Zweites Gesetz zur Änderung des Bundesentschädigungsgesetzes (BEG-SG) Gesetz zur allgemeinen Regelung durch den Krieg und den Zusammenbruch des Deutschen Reiches entstandener Schäden (AKG) Verordnungen zur Durchführung des Bundesentschädigungsgesetzes (DV-BEG) Gesetz zur Zahlbarmachung von Renten aus Beschäftigungen in einem Ghetto (ZRBG) Gesetz zur Herstellung der Rechtseinheit in der gesetzlichen Renten- und Unfallversicherung (RÜG) NS-Verfolgtenentschädigungsgesetz (NS-VEntschG)

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47 Published by Public Relations Division Federal Ministry of Finance Wilhelmstrasse Berlin, Germany November 2012 Cover image Federal Government, Andrea Bienert Edited by Division V B Angebote This brochure is a publication of the Federal Government. It is distributed free of charge and is not intended for sale.

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