Law on the protection of emigrants and emigrants (Emigration Protection Act-WESG)

Unofficial table of contents

Excl

Date of completion: 26.03.1975

Full quote:

" Emigration Protection Act in the version of the Notice of 12 March 2013 (BGBl. I p. 443) "

Status:

Recast by Bek. v. 12.3.2013 I 443

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 

  

Heading: designation idF d. Art. 1 No. 1 G v. 12.3.2013 I 441 mWv 19.3.2013 Unofficial table of contents

§ 1 Permission to provide emigration advice

(1) Those who wish to provide information on the prospects of emigration and the living conditions in the country of immigration, in particular on the conditions of employment and establishment abroad or in these matters, need to be informed the authorisation of the competent authority. Permission shall be refused if facts justify the assumption that the applicant does not possess the reliability required for the consultation, or if the person submitting the request is the subject of the matter required for the consultation. does not follow. Proof of subject-matter shall be deemed to have been provided if the applicant has worked for five years as an independent adviser or an independent consultant, in particular at a point of information or advice referred to in paragraph 2. Permission may be granted subject to conditions and subject to conditions; subsequent conditions shall be permitted; this shall be indicated in the permit. Permission is granted by the competent authority for the entire federal territory. (2) For information or advice centres of public bodies or institutions of public law or associations of the Free Welfare Service, which are responsible for the care of the whole federal territory. for emigrants and emigrants to the task and therefore have not been allowed to obtain permission until the end of the 31 December 2013. For other entities and persons who are advising emigrants on the basis of an existing permit, the permit shall expire on 31 December 2013. (3) The persons referred to in Article 1 (1), first sentence, of an establishment in another Member State shall be granted the following: the European Union or any other Contracting State of the Agreement on the European Economic Area, acting on a temporary basis within the scope of this Act, shall not be required to do so in that respect. (4) The competent authority may: withdraw the authorisation granted in accordance with paragraph 1, if it becomes known subsequently, that, in the case of their concession, the lack of the necessary reliability has been found to be in a situation. The authority may revoke the authorisation or prohibit the activities of the bodies referred to in paragraph 2 if it is subsequently established facts which result in the lack of the reliability required, or if a guarantee is provided for: expert advice is not given. (5) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized by law, which does not require the approval of the Federal Council,

1.

allow derogations from the first sentence of paragraph 1 where this is necessary for the enforcement of intergovernmental agreements;

2.

to determine the conditions for the reasons for the reliability and the expertise referred to in the second sentence of paragraph 1,

3.

to order the use of forms for the application of the permit, to define the design of the forms by means of samples, and to specify how and in what quantity the forms shall be completed.

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§ 2 prohibition of advertising

(1) It is prohibited to advertise business for emigration. (2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may, without the consent of the Federal Council, grant exemptions from paragraph 1, insofar as this is the case, by means of a regulation without the consent of the Federal Council. Enforcement of intergovernmental agreements is required. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may allow exceptions to paragraph 1 for special reasons if it is in the public interest or is indicated for reasons of a humanitarian or social nature, in particular in the case of: Repatriation of foreigners to their homeland or to the further migration of these persons. Unofficial table of contents

§ 3 Jurisdiction and procedure

(1) The Federal Administrative Office shall be responsible for the implementation of this Act and the legal regulations issued pursuant to this Act. (2) The authorisation shall only be granted on a written or electronic request. The application shall be accompanied by the documents necessary for the verification of personal reliability and technical expertise. In order to assess the reliability required, the application for admission shall be subject to the application of a certificate of management for submission to the competent authority for recognition. (3) The examination of an application for authorisation shall be subject to the conditions set out in paragraph 2. shall be equivalent to documentary evidence from another Member State of the European Union or from another Member State of the Agreement on the European Economic Area, if they show that the applicant Person, the requirements referred to in paragraph 2, or the substantially comparable (4) The application must be decided within a period of three months after receipt of the application and the necessary documents. If the authority has not decided on the application within the period of the sentence 1, the authorization shall be deemed to have been granted. (5) The procedures under this Act may be replaced by a single entity in accordance with § § 71a bis 71e of the Administrative Procedure Act The following: Unofficial table of contents

§ 3a Fees and charges

(2) The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth) shall be authorized, by means of a regulation without the consent of the Federal Council, to determine the chargeable facts and the level of charges and to provide for fixed rates or framework rates. In the case of the legal regulation according to the first sentence, the reimbursement of expenses may be regulated by way of derogation from the Administrative Costs Act and may be allowed for reductions and exemptions of fees and expenses. (3) In the cases of rejection or withdrawal the fee is reduced by one quarter; it may be reduced by up to a quarter of the intended fee, or it may be waiving from its collection if it is equal to the fairness of the case. Unofficial table of contents

§ 4 Collection, processing and use of personal data

(1) The Federal Administrative Office may collect personal data of the requesting person in so far as the data are required for the assessment of the reliability and the other authorisation criteria. Data within the meaning of the first sentence are the surname, first name, where applicable the name of birth, day and place of birth, occupation, address and telecommunications data. (2) The data required for the purposes of paragraph 1 shall be collected by the person concerned. (3) The data required for the purposes of paragraph 1 shall be: Paragraph 1, in conjunction with paragraph 2, may be processed only for the purposes of paragraph 1. Unofficial table of contents

§ 5 Administrative Offences

(1) The offence is unlawful.

1.

Contrary to the first sentence of Article 1 (1), without authorization, information or advice is provided by business or by a fully-fledgable edition in accordance with the fourth sentence of Article 1 (1), sentence 4

2.

an enforceable prohibition in accordance with Article 1 (3);

3.

In accordance with § 2 (1), it promotes the business of emigration.

(2) The administrative offence can be punished with a fine of up to twenty thousand euros. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the Federal Administrative Office. Unofficial table of contents

§ 6 (Entry into force)