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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

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

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  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).

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