Presentation on theme: "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."— Presentation transcript:
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 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
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
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
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
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
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: lcts (top management) in international enterprises up to five years, no work permit.
D.GATS-Implications (contd) 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.
E.Future Developments high unemployment (about 4.1 Mio.); expected labour migration from Easter European Countries; areas for Reflection from a regulators perspective (EU Communication paper, 14 March 2001).