Law For The Protection Of Emigrants And Auswanderinnen

Original Language Title: Gesetz zum Schutze der Auswanderer und Auswanderinnen

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Emigration and Emigration Act (Emigration Protection Act-Emigration)

unofficial table of contents

emigration

date of departure: 26.03.1975

full quote:

" emigration protection act in the version of the notice of 12. March 2013 (BGBl. I p. 443) "

:Recast by Bek. v. 12.3.2013 I 443

See Notes

Footnote

(+ + + Text Proof: 1.1.1977 + + +)

for more information.

Heading: Label idF d. Art. 1 No. 1 G v. 12.3.2013 I 441 mWv 19.3.2013 Non-official table of contents

§ 1 Permission to emigrate

(1) Anyone who provides information on the prospects for business the emigration and the living conditions in the country of immigration, in particular the conditions of work and establishment abroad or in these matters, require the permission 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 under conditions and may be subject to conditions; subsequent conditions shall be permitted and shall be indicated in the permit. Permission shall be 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 of associations of the Free Welfare Service, who make the care for emigrants and emigrants to the task and therefore not so far Permission to do so shall be valid until the end of the 31. December 2013. For other places and persons who are advising emigrants on the basis of an existing permit, the permission shall expire at the end of the 31. December 2013.(3) Where the words referred to in the first sentence of paragraph 1 (1) are referred to by a subsidiary in another Member State of the European Union or another State Party to the Agreement on the European Economic Area, within the scope of this Act temporarily self-employed, they do not need permission to do so.The competent authority may withdraw the authorisation granted in accordance with paragraph 1 if it becomes known subsequently that, in the case of its concession, the lack of the necessary reliability has been established. 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 provided.(5) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized to issue
1.
Exceptions to the provisions of the Federal Council by means of a decree law which does not require the approval of the Federal Council. to allow the first sentence of paragraph 1 to the extent necessary for the enforcement of intergovernmental agreements,
2.
to identify the conditions which are appropriate; to establish the reliability and expertise referred to in the second sentence of paragraph 1,
3.
to order the use of pre-forms for the application of the permit, the design of the To set patterns and meet the requirements, how and the number of forms to be completed.
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§ 2 prohibition on advertising

(1) It is forbidden 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 by means of a regulation without the consent of the Federal Council, insofar as this is necessary for the enforcement of intergovernmental agreements. 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. Non-official table of contents

§ 3 Jurisdiction and procedure

(1) For the execution of this law and the laws issued pursuant to this Act Legal regulations are the responsibility of the Federal Administrative Office.(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 authorisation shall be subject to the application of a certificate of management for submission to the authority responsible for the recognition.(3) When examining an application for authorisation, the documents referred to in paragraph 2 shall be submitted in accordance with the documents referred to in paragraph 2 from another Member State of the European Union or from another Member State of the Agreement on the European Union An economic area shall be the same if it indicates that the applicant fulfils the requirements laid down in paragraph 2 or the substantially comparable requirements of the issuing State.(4) The application must be decided within three months of the date of receipt of the application and of the documents required. If the Authority has not decided on the application within the time limit laid down in the first sentence, the authorisation shall be deemed to have been granted.(5) The procedures laid down in this Act may be carried out via a uniform body in accordance with § § 71a to 71e of the Administrative Procedure Act. Unofficial Table Of Contents

§ 3a Fees and Deposits

(1) For official acts in accordance with this Act, and in accordance with the laws issued pursuant to this Act. Legal regulations shall be levied for the purpose of covering the administrative costs of charges and levies.(2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized to determine, by means of a regulation without the consent of the Federal Council, the chargeable facts and the fee level, and in doing so, to determine fixed rates or framework rates. . The legal regulation referred to in the first sentence provides that the reimbursement of expenses may be regulated by way of derogation from the Administrative Costs Act and may be allowed for reductions and exemptions from fees and expenses.(3) In cases of refusal or withdrawal of an objection, the proposed fee is reduced by one quarter; it may be reduced up to a quarter of the intended fee, or it may be waiving from its collection if that is the case. Image quality. Non-official table of contents

§ 4 Collection, processing and use of personal data

(1) The Federal Administrative Office may collect personal data the applicant shall, in so far as the data are required for the assessment of the reliability and the other eligibility 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.The data collected in accordance with paragraph 1 in conjunction with paragraph 2 may only be processed for the purposes of paragraph 1. unofficial table of contents

§ 5 Administrative Offences

(1) is an order that is illegal, who is
1.
contrary to § 1, Paragraph 1, Sentence 1, without permission of business information or advice, or an enforceable edition in accordance with § 1 paragraph 1 sentence 4,
2.
an enforceable ban in accordance with § 1, paragraph 3,
3.
contrary to § 2, paragraph 1, business for
() 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 shall be the Federal Administrative Office. Non-official table of contents

§ 6 (Entry into force)