1 / 10

Torsten Christen, Federal Ministry for Labour and Social Affairs, Germany

Torsten Christen, Federal Ministry for Labour and Social Affairs, Germany. Movement of natural persons (mode 4) under the Gats A Joint World Trade Organization-World Bank Symposium Geneva, 11-12 April 2002. Mode 4 Trade - The Regulator`s view. A. Introduction

eara
Download Presentation

Torsten Christen, Federal Ministry for Labour and Social Affairs, Germany

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Torsten Christen, Federal Ministry for Labour and Social Affairs, Germany Movement of natural persons (mode 4) under the Gats A Joint World Trade Organization-World Bank Symposium Geneva, 11-12 April 2002

  2. Mode 4 Trade - The Regulator`s view A. Introduction B. German Regulations Concerning the Admission of Third Country Nationals (at present) C. German Regulations Concerning the Admission of Third Country Nationals (future) D. GATS-Implications E. Future Developments F. Further Information

  3. B. German regulations concerning the admission of third country nationals (at present) I. Main Features • Distinction between residence permits and work permits • Different institutions and laws II. Residence Authorisation

  4. III. Work Authorisations 1. Principles • General idea concerning the admission of foreign employees • in the future: new approach 2. Work Permit Ordinance • consideration of the Labour Market • exemptions from the work permit requirement 3. Permanent Presence of Foreign National Persons not within the Scope of GATS

  5. IV. “Privileged” Foreigners • so called “Green Card” for IT-specialists • agreements with east European States (guest workers, seasonal workers) • GATS - clause in a work permit ordinance

  6. C. German Regulations concerning the Admission of Third Country Nationals (future) I. Not Enforced II. Essentials of the New Migration Law (Zuwanderungsgesetz) • “one-stop-shop procedure” • from “migration-stop” to “regulation” • Privileged admission for highly qualified employees • details in future ordinances

  7. D. GATS-Implications I. “GATS-Clause” II. Commitments 1. Intra-corporate transferees • GATS: senior and specialised personnel; no economic needs test; prior work within the company at least one year; • German Work permit ordinance: lct’s (top management) in international enterprises up to five years, no work permit.

  8. D. GATS-Implications (cont’d) 2. Business Visitors 3. Contractual Services Providers • GATS: service contract up to three months; limited list of activities; • German Commitments (inter alia): legal advice on home country law and international law (not “Rechtsanwalt”); • Accounting services; • Taxation advisory services.

  9. E. Future Developments • high unemployment (about 4.1 Mio.); • expected labour migration from Easter European Countries; • areas for Reflection from a regulator’s perspective (EU Communication paper, 14 March 2001).

  10. F. Further Informations • residence authorization (www.auswaertiges-amt.de/www/de/willkommen/einreisebestimmungen/index_html); • work permits (www.arbeitsamt.de).

More Related