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Law for the protection of emigrants and Auswanderinnen (emigrants Protection Act - AuswSG) AuswSG Ausfertigung date: 26.03.1975 full quotation: "emigrants protection act as amended by the notice of 12 March 2013 (Federal Law Gazette I p. 443)" stand: recast by BEK. v. 12.3.2013 I 443 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1977 +++) heading: name idF d. Article 1 No. 1 G v. 12.3.2013 I 441 mWv 19.3.2013 § 1 permission to the emigrant advice who businesslike Council wants to provide information about the prospects of emigration and the living conditions in the country of immigration, in particular on the working and subsidiary conditions abroad or in these matters (1) , requires the permission of the competent authority. Permission shall be refused if the facts justify the assumption that the requesting person does not have the reliability for the advice, or if the requesting person does not prove the competence required for advice. Proof of competence is considered to be met if the applicant person of information referred to five years as a salaried consultants or employed consultant in particular at one in paragraph 2 or counselling was employed. Permission can be granted under conditions and associated conditions; subsequent editions are allowed; It is to point out in the permit. Permission is granted by the competent authority for the entire Federal territory.
(2) the permit freedom applies to requests for information or advice centres by bodies or institutions of governed by public law or by associations of free welfare, that mission make the welfare of expatriates and Auswanderinnen and therefore has no permission required, until the expiry of the 31 December 2013. For other jobs, and people who advise immigrants on the basis of an existing permit, the permit at the end of December of 31 expires 2013혼다 (3) are in § 1, paragraph 1, sentence 1 above from an establishment in another Member State of the European Union or another Contracting State to the agreement on the European economic area from within the territorial scope of this act temporarily independently working , they require no permission in this respect.
(4) the competent authority may withdraw the permission granted under paragraph 1 if it is later known that facts have been when they were granted, which lack of the necessary reliability results. The authority may revoke the permit or prohibit the activities of the entities referred to in paragraph 2, if subsequent facts arise, which lack of the necessary reliability arises, or if a guarantee of a knowledgeable advice is not provided.
(5) the Federal Ministry of family, senior citizens, women and youth is authorized by legal Ordinance which shall not require the consent of the Federal Council, 1 allow sentence 1, as far as this to enforce international agreements requires exceptions to paragraph 1, to specify 2., which conditions are suitable, the reliability and competence referred to in paragraph 1 sentence 2 to justify the use of forms to apply for the permission to order 3. , to set the design of the forms by pattern and to meet requirements, how and in what number to fill out the forms.
§ 2 advertising ban (1) it is prohibited to advertise businesslike for the emigration.
(2) the Federal Ministry of family, senior citizens, women and youth may allow exceptions to paragraph 1 by means of an Ordinance without the consent of the Federal Council, insofar as this is necessary for the enforcement of international agreements. The Federal Ministry for family, senior citizens, women and youth may allow derogations from paragraph 1 for specific reasons, if this is in the public interest, or is displayed for reasons social or humanitarian nature, especially with the return of foreigners to their homes or for the resettlement of these people.
§ 3 jurisdiction and procedure (1) for the execution of this law and the regulations issued on the basis of this Act is the Federal Office of administration responsible.
(2) permission is granted only upon written or electronic request. Are the application, to the examination of personal reliability and competence to provide necessary documents. To assess the required reliability, a certificate for submission to the authority responsible for the recognition with the application for authorisation shall be requested.
(3) in the case of the examination of an application for permit, corresponding to the documents referred to in paragraph 2 evidence from another Member State of the European Union or from any other Member State of the agreement on the European economic area are equal if from them indicating that the applicant person complies with the requirements referred to in paragraph 2 or the essentially similar requirements of the exhibition State.
(4) on the request is to decide within a period of three months after receipt of the application and the required documents. Has the authority not decided on the request within the period of sentence 1 permission is deemed granted.
(5) the procedures can be handled under this Act about a single point after the sections 71a to 71e of the Administrative Procedure Act.
§ 3a of the fees and disbursements (1) for official acts are to raise fees and expenses to cover the administrative costs under this Act and the regulations adopted on the basis of this Act.
(2) the Federal Ministry of family, senior citizens, women and youth is authorized by Decree without the consent of the Federal Council to determine the chargeable offences and the level of charges and to see this fixed rates, or frame rates. In the Ordinance pursuant to sentence 1 may be the reimbursement of expenses fixed by the administrative costs Act regulated and may be admitted to discounts and exemptions from fees and expenses.
(3) in cases of refusal or withdrawal of an objection, the proposed fee a quarter; is reduced She can be seen from up to one-quarter of which provided fee is reduced or there may by their survey, if this is equitable.
Personal data of the applicant person § 4 levy collection, processing and use of personal data (1) that allowed Federal Office of administration, insofar as the data for assessing the reliability and the other eligibility criteria are necessary. Data within the meaning of sentence 1 are family name, first name, where appropriate, birth name, day and place of birth, occupation, address and telecommunications data.
(2) the data required for the purposes of paragraph 1 are to raise in the individual.
(3) the data referred to in paragraph 1 in connection with paragraph 2 may be processed only for the purposes of paragraph 1.
Article 5 any person are offences (1), who businesslike granted 1 contrary to § 1 paragraph 1 sentence 1 without permission information or advice or is contrary to an executable Edition according to § 1 paragraph 1 sentence 4, 2. is contrary to an enforceable prohibition according to § 1 paragraph 3, touts 3. contrary to § 2 paragraph 1 businesslike for the emigration.
(2) the offence can be punished with a fine up to twenty thousand euro.
(3) number 1 of the code of administrative offences is the Federal Office of administration within the meaning of article 36, paragraph 1 the administration.
§ 6 (entry into force)
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