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. Commitments1. 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.

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.

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).

F. Further Informations

• residence authorization (www.auswaertiges-amt.de/www/de/willkommen/einreisebestimmungen/index_html);

• work permits (www.arbeitsamt.de).