NUMBER 76
Upon recommendation of the Minister of Internal Affairs I hereby issue and proclaim the following
DECREE
On Racial Affiliation
A person is of Aryan descent who descends from forebears who are members of the European racial group or who descend from descendants of this racial group outside of Europe.
In the event that other provisions do not exist for special services, Aryan descent is proven by a certificate of baptism (birth) and marriage of one's first- and second- generation forebears (one's parents and grandparents). Members of the Islamic religious group, who are unable to submit the above documents, must provide written testimony by two reliable witnesses who knew their forebears and that among them are no persons of non-Aryan descent.
In ambiguous cases a decision is made by the Ministry of Internal Affairs upon the recommendation of the Racial Policy Commission.
Article 2
Persons who in addition to Aryan forebears have one forebear in the second generation who is a Jew or other European non-Aryan by race are considered to be equal, with respect to the acquisition of citizenship, to persons of Aryan descent.
Persons with two forebears in the second generation who are Jews by race also may be considered equal to persons of Aryan descent, with respect to citizenship, unless otherwise stipulated in Article 3.
Article 3
For purposes of this decree the following are considered to be Jews:
1. Persons who descend from at least three forebears in the second generation (grandparents) who are Jews by race. The grandparents are considered to be Jews if they are of the religion of Moses or if they were born into this religion.
2. Persons having two forebears in the second generation who are Jews by race in the following instances:
a) If they were on April 10, 1941 members of the religion of Moses or if they later converted to this religion;
b) If they have a marital partner who is considered to be a Jew, as per 1;
c) If after the enactment of this decree they concluded marriage with a person having two or more forebears in the second generation who are Jews by race, and the descendants of such a marriage;
d) If they are illegitimate children to a Jewish man, as per 1; and born after January 31, 1942;
e) If the Ministry of Internal Affairs decides, upon justified recommendation by the Racial Policy Commission, that they are to be considered as Jews.
3. Persons born outside the territory of the Independent State of Croatia to parents who do not originate from the Independent State of Croatia, if they were on April 10, 1941 members of the religion of Moses or have at least two forebears of the second generation who are Jews by race, or are considered to be Jews according to the laws of the country from which they originate.
4. Persons who after the enactment of this decree concluded, by circumventing the decrees on protection of Aryan blood, a marriage that is prohibited, and their descendants.
5. People who are the illegitimate children borne by Jewish women, as per 1.
Article 4
For purposes of this decree a person is considered to be a Gypsy who descends from two or more forebears in the second generation who are Gypsies by race.
Article 5
Under the auspices of the Ministry of Internal Affairs, a Racial Policy Commission is hereby established which issues opinions and recommendations in all ambiguous cases of racial affiliation.
The final decision in ambiguous cases of racial affiliation is issued by the Ministry of Internal Affairs.
Regulations regarding the organization and scope of activity of this Commission will be issued by the Ministry of Internal Affairs in a separate decree.
Article 6
Persons who prior to April 10, 1941 have shown themselves to be deserving before the Croatian people, especially toward its liberation, as well as their marital partners with whom they concluded marriage prior to the enactment of this decree and the descendants of such a marriage, in the event these persons may be affected by this decree, may receive recognition of all rights belonging to persons of Aryan descent at the discretion of the head of state, regardless of the provisions of this decree.
Article 7
Implementation of this decree is entrusted to the Ministry of Internal Affairs.
Article 8
This decree is effective on the day of its publication in Narodne Novine.
In Zagreb, on April 30, 1941.
Poglavnik:
Dr. Ante Pavelic, v.r. [by his own hand]