Great value must be assigned to declaration forms on which the qualification ‘involuntary sale’ has been filled in by the claimant or their representatives after the war, unless other clues clearly contradict the correctness of this qualification. If no declaration forms are available or only internal declaration forms, clues indicate the likelihood that it indeed concerns involuntary sale must be read in a magnanimous manner. Naturally, in both cases the point of departure referred to in Paragraph 2 and laid down in Recommendation 1 of the Ekkart Committee of April 2001 applies.
In any case, the following situations pertaining to Jewish art dealers are considered involuntary sale:
- Direct sale to representatives of the occupying forces or Dutch citizens convicted of collaboration or other relevant wrongdoings after the war, under threat of reprisals
- Sale whereby the supply of passports, safe conduct, etc. was part of the transaction
- Sale against the art dealers will by Verwalters or other managers not appointed by the owner, unless it can be assumed that the original owner fully benefited from the sale and that he or his heirs or the representative appointed by him or his heirs explicitly renounced his rights after the war.
In all cases in which after the war the party involved, his heirs or his immediate representative appointed by him or his heirs have filled in the qualification ‘involuntary sale’ on a declaration form and there are no indications that contradict this qualification, such a qualification should be accepted. In all cases in which such a declaration form is missing, clues - which make it highly probable that coerced sale took place – serve as the point of departure for the restitution policy.
Clues indicating involuntary sale in any case include the threat of reprisal and the promise of the provision of passports or safe conduct as part of the transaction. Involuntary sales are also taken to mean sales by Verwalters or other managers not appointed by the owner from the stocks under their management in as far as the original owners or their heirs have not fully benefited from the transaction and have explicitly waived their rights after the war.