In This Issue
Update on the Ministry of Manpower's Website on Appointment of Employment Pass Holders to the Board of Directors of Another Company Recent Immigration Developments in Vietnam APEC Business Travel Card to be Officially Valid for Five Years in VietnamRecent Immigration Developments in ColombiaRecent Immigration Developments in PeruICT Directive Implemented in Dutch Immigration LawsHow to Reside in Italy Outside the Quota System by Making Specific InvestmentsChanges to the Contribution Paid for Obtaining a Residence Permit in Italy
January 25 | Webinar Navigating Employment Laws Where You Work: 2016 Review and 2017 Preview for Global Employers January 31 | Seminar Global Mobility University Listen to our latest webinar!Navigating Changing Times: Brexit and the Impact of the UK Decision to Leave the European Union
Update on the Ministry of Manpower's Website on Appointment of Employment Pass Holder to the Board of Directors of Another Company
Executive Summary On November 7, 2016, the Ministry of Manpower ("MOM") updated its website in relation to the requirement to obtain an approval prior to the appointment of an Employment Pass ("EP") holder to the Board of Directors of another company ("Requesting Company"). The Requesting Company is required to complete and submit a scanned copy of the completed Request Form (which can be found on the MOM website) via iSubmit. The MOM processing time is currently approximately five weeks. A Letter Of Consent ("LOC") will be granted to the EP holder in the event of an approval. Companies that have already appointed Board of Directors members who hold EP's issued under another company without having obtained approval from the MOM should complete and submit the Request Form as soon as possible. Companies intending to appoint EP holders to the Board of Directors who hold EP's issued under another company should take into consideration the processing time. We recommend that Companies submit the Request Form at least two months prior to the appointment of the EP holder to the Board of Directors. Overview An EP holder is only allowed to work for the employer specified on his or her EP. The same EP holder can also be appointed to the Board of Directors of the employer without having to notify the MOM. S Pass and Work Permit holders are not allowed to be appointed to the Board of Directors of any company in Singapore. It is possible for EP holders to take up secondary directorship positions for other companies. A little-known administrative guideline directs that the MOM needs to be notified and their approval sought if an EP holder is to take up such a secondary role. The LOC will be granted to the EP holder in the event of an approval. The MOM has since confirmed in writing on its website on November 7, 2016, that approval should also be obtained prior to the appointment of EP holders to the Board of Directors of other companies. Criteria The MOM will generally grant the LOC to the EP holder only if:
- There is a shareholding relationship between the EP holder's employer and the Requesting Company; and
- The EP holder is appointed to the Board of Directors of the Requesting Company for purposes related to his or her primary employment.
- Ensure that its shareholding records have been updated with the Accounting and Corporate Regulatory Authority; and
- Complete and submit a Request Form to the MOM via iSubmit.
- The Requesting Company sets out the EP holder's proposed responsibilities; and
- The EP holder's employer signs a "Declaration of no objection," indicating the employer has no objections to the EP holder being appointed to the Board of Directors of the Requesting Company.
Zhao Yang NG
+65 6434 2701
- Persons who have been employed by an organization for at least one year; and
- Who possess a university degree and are temporarily transferred for career development purposes or to obtain training in business techniques or methods.
- Architectural services;
- Urban planning and landscape architecture services;
- Engineering services;
- Integrated engineering services;
- Computer and related services;
- Higher education services (only privately-funded services);
- Foreign language training; and
- Environmental services.
- Have been employees of the organization for at least two years prior to the transfer;
- Have at least five years professional experience in the sector of activity which is the subject of the contract;
- Hold a university degree or a qualification demonstrating knowledge of an equivalent level; and
- Have professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the member state where the service is supplied.
Pham Tri Trung | Hanoi Christine Chan | Hanoi
+84 4 3936 9411 +84 4 3212 3859
Khuat Van Trung | Hanoi
+84 8 3520 2659
Recent Immigration Developments in Colombia
Changes in visa waivers for carrying out business activities (PIP-6) and providing technical assistance (PIP-7)Recently, the Ministry of Foreign Affairs issued Resolution No. 1220 of 2016, introducing certain immigration amendments in connection with the special immigration permits PIP-6 and PIP-7. The first amendment relates to the scope of the activities authorized under the PIP-6 permit. By this resolution, the Ministry of Foreign Affairs eliminated the possibility of carrying out business-related activities under the PIP-6 and limited the scope of the latter to the following activities: (i) participating in academic, scientific, artistic, cultural, sports or religious events that does not entail any compensation in Colombia; (ii) participating in a local recruitment process; (iii) participating in corporate or institutional training programs; and (iv) carrying out journalistic-related activities. Under these changes, foreign nationals who intend to visit Colombia to carry out non-remunerated business activities for short terms (no more than 180 days per calendar year) must obtain a Business Visa that authorizes them to carry out those activities. Regardless, in practice, the immigration authority ("Unidad Administrativa Especial Migración Colombia - UAEMC") is still granting the PIP-6 permits to foreign nationals who intend to carry our short term non-remunerated business activities in Colombia. The second amendment deals with the process for obtaining a PIP-7 permit for provision of specialized technical assistance. As of August 2016, foreign nationals who enter Colombia under a PIP-7 permit must request it at least five business days in advance of their intended arrival date. To request this permit, the sponsor company must file a formal request with the Regional Director of the UAEMC that specifies the activities to be performed in Colombia and the specialty to be developed by the foreign national. TP-4 visa process is becoming more burdensome for companies In response to government policy aimed at reducing the unemployment rate, the Ministry of Foreign Affairs has made the TP-4 visa (work visa) process more burdensome for companies by requesting documents that were initially suppressed under the immigration amendment of 2013. During the last few months it has become a common practice for the Ministry of Foreign Affairs to require a visa applicant to provide a copy of an offer letter issued by the local sponsor company, and a copy of the employment agreement executed by and between the local sponsor company and the visa applicant, both drafted in Spanish language and executed by the applicant with its signature notarized. Although these extra requirements would seem to be incongruent with the anti-paperwork act, the Ministry of Foreign Affairs has broad discretional powers to tighten visa processes.
Evelyn Romero | Bogota Ana Maria Valdivieso | Bogota Alexandra Silveira | Bogota
+57 1 634 1566 +57 1 634 1532 +57 1 634 1500
- Citizens of China with a valid visa for at least six months from the United States, United Kingdom, Australia or a State of the Schengen Community; and
- Citizens of China with permanent residence in the United States, United Kingdom, Australia or a State of the Schengen Community.
- Application for the submission and approval of the employment agreement;
- The employment agreement;
- Affidavit of fulfillment of the legal percentages;
- The professional degree, the certificate of technical studies, or the employment certificate related to the proposed services in Peru, dully apostilled;
- A copy of the Company's representative ID;
- Power of attorney for the procedure at the Ministry of Labor signed by the Company’s representative; and
- A copy of the Company´s taxpayer registry and a copy of the Company´s representative proxy.
Monica Pizarro | Lima Melisa Sanchez | Lima Rosa Maria Saldarriaga | Lima
+51 161 88518 +516188582 +516188416
ICT Directive Implemented in Dutch Immigration Laws
On November 29, 2016, the Dutch implementation of the Intra Corporate Transfer Directive (2014/66) (the "ICT Directive") entered into force in the Netherlands. Multinational companies that second employees to the Netherlands are impacted. The ICT Directive has introduced a European-wide standard to mobilize educated non-EU employees within the same group of companies throughout the EU. The scope of the ICT Directive overlaps with several other permit categories available in the Netherlands (e.g. the Highly Skilled Migrant permit, the intracompany transfer work permit and the European Blue Card). These other permit categories remain available, but permit applications thereunder will not be granted if the ICT permit conditions are triggered. Terms and Conditions The ICT Directive applies to non-EU employees who reside outside of the EU and who are bound (and remain bound during their secondment) by a work contract with a non-EU entity belonging to the same group of companies which is established in the EU Member State to which they are seconded. Further the non-exhaustive terms and conditions are as follows:
- The individual must have been employed within the group of companies for at least three consecutive months immediately prior to the secondment.
- The individual must qualify as a “manager," “specialist” or “trainee” under the definition thereof stipulated in the ICT Directive.
- The individual must have the qualifications and experience required by the host company to which he or she is seconded as manager or specialist. If the individual is seconded as a trainee, a university degree and training agreement are required.
- The individual must enjoy equal treatment with nationals occupying comparable positions with regards to the remuneration he or she receives during the entire secondment. In principle, the salary thresholds for a Highly Skilled Migrant are considered for this purpose.
- The individual is intended to return to a group company outside of the Netherlands after the secondment.
- Sponsors based in the Netherlands are not required to register as “Authorized Sponsors” with the Dutch immigration authorities ("IND"), in order to sponsor an ICT permit. The status of Authorized Sponsor is required to sponsor - among others - a Highly Skilled Migrant permit. Regardless, Authorized Sponsorship can still be of interest for companies that apply for ICT permits. Authorized Sponsors benefit from prioritized processing of their permit applications. Furthermore, such applications require less supporting documentation.
- In principle, a short duration transfer (i.e. up to 90 days in an 180-day period) to another group company in another EU Member State only requires a notification to be filed in that other EU Member State, upon which the individual can start work activities immediately. The maximum duration is 90 days in a 180-day period.
- Transfer to another group company in another EU Member State that exceeds the duration of 90 days in a 180-day period either requires notification in that other Member State or a long-term mobility permit. EU Member States are free to choose. The Netherlands chose the latter. The individual can start work activities immediately after the application has been filed.
- The individual must remain outside the Netherlands during the ICT permit application procedure, even if he or she has a nationality that allows him or her to enter the Netherlands without an entry visa.
- The maximum duration of the ICT permit is three years (one year for trainees).
- Upon expiration of the ICT permit, a permit application will have to be filed under an alternative permit category (e.g., Highly Skilled Migrant or European Blue Card) to facilitate continued residence and work privileges in the Netherlands.
- Residence rights based on an ICT permit do not count towards the “five-year uninterrupted stay” condition to obtain a permanent residence permit.
- Sponsorship for an ICT permit (as opposed to the sponsorship for a Highly Skilled Migrant permit) cannot transfer to an entity outside the group. Consequently, if an individual intends to take up employment with another company, a new permit will be required.
Ilya Hoekerd | Amsterdam
+31 (0)20 551 7887
- An investment of at least two million Euro in securities issued by the Italian Government, or at least one million Euro in equity instruments of a company incorporated and operating in Italy, as long as they are maintained for at least two years; and
- A donation of at least one million Euro to support a project of public interest, in the fields of culture, education, immigration management, scientific research or recovery of cultural heritage and landscape.
- Demonstrating not only to be the owner of the amount indicated above, but also that such amount is released and transferable to Italy;
- Declaring in writing his or her commitment to make the mentioned investment/donation within three months of his or her arrival in Italy; and
- Proving the availability of additional resources with which he or she can support himself or herself during his or her stay in Italy.
Sergio Antonelli | Milan Uberto Percivalle | Milan
+39 02 76 231 1 +39 02 76231-330
Sergio Antonelli | Milan Uberto Percivalle | Milan
+39 02 76 231 1 +39 02 76231-330
Baker McKenzie is the premier global law firm and maintains offices in more than forty countries. Our lawyers have considerable experience with all aspects of international executive transfers, and in particular the tax, immigration and employment issues that arise from such transfers. We encourage you to contact the members of our Practice Group listed below who can assist you or direct you to the most appropriate member of our group for assistance.
Ilya Hoekerd +31 20 551 7887 Amsterdam Remke Scheepstra +31 20 551 7831 Amsterdam Judith van Gasteren +31 20 551 7412 Amsterdam Danielle Pinedo +31 20 551 7484 Amsterdam
Yvonne Bakker +31 20 551 7948 Amsterdam Nurlan Mammadov +994 12 497 18 01 Baku Dr. Prachern Tiyapunjanit +66 2636 4999 Bangkok Alejandro Valls +34 93 206 08 22 Barcelona
Rosa Ros +34 93 444 52 12 Barcelona Alexander Wolff +49 30 2 20 02 81 636 Berlin Tatiana Garces Carvajal +57 1 634 1543 Bogota Evelyn Romero +57 1 634 1566 Bogota
Maria Cecilia Reyes +57 1 634 1568 Bogota Francois Gabriel +32 26 393 627 Brussels Nancy Luyten +32 26 393 621 Brussels Sara Vanderstraeten Brussels +32 26 393 676
Eva Nagy +36 1 302 3330 Budapest Akos Fehervary +36 1 302 3330 Budapest Carlos Dodds +54 11 4310 2270 Buenos Aires Carlos E. Delgado +58 212 276 5083 Caracas
Mariana Roso +58 212 276 5143 Caracas Betsy Stelle Morgan +1 312 861 8944 Chicago David M. Serwer +1 312 861 7990 Chicago Jennifer Solon Partee +1 312 861 2970 Chicago
Melissa K. Allchin +1 312 861 8661 Chicago Jeff S. Dybdahl +1 312 861 4207 Chicago Nishita Desai +1 312 861 7955 Chicago Matthew Gorman +1 312 861 8666 Chicago
Lara Link +49 69 2990 8287 Frankfurt AnneKathrin Haffke +49 69 2990 8216 Frankfurt Gregor Dornbusch +49 69 2990 8622 Frankfurt Denis Berdoz +41 22 707 98 15 Geneva
Daniel Peregrina +41 22 707 98 25 Geneva Serge Pannatier +41 22 707 98 31 Geneva Jose Miguel Zozayacorrea-Kuri +52 33 3848 5306 Guadalajara Maria Jose Casillas Gonzalez +52 33 3848 5334 Guadalajara
Tri Trung Pham +84 4 3936 9411 Hanoi Fred Burke +84 8 3520 2628 Ho Chi Minh City Thuy Hang Nguyen +84 8 3520 2641 Ho Chi Minh City Hoang Kim Oanh Nguyen +84 8 3520 2629 Ho Chi Minh City
Paul Tan +852 2846 1921 Hong Kong Vivien Yu +852 2846 1722 Hong Kong J. Richard Hammett +1 713 427 5016 Houston Nuri Bodur +90 212 376 64 25 Istanbul
Elif Cakir +90 212 376 64 67 Istanbul Susie Beaumont +62 21 2960 8608 Jakarta Alvira Wahjosoedibjo +62 21 2960 8503 Jakarta Hector Granados +52 656 629 1330 Juarez
Arturo Munoz +52 656 629 1337 Juarez Juan Levario-Gebbia +52 656 629 1369 Juarez Ee Von Teo +60 3 2298 7810 Kuala Lumpur Wei Kwang Woo +60 3 2298 7898 Kuala Lumpur
Mariana Marchuk +380 44590 0101 Kyiv Lina Nemchenko +380 44590 0101 Kyiv Melisa Sanchez +51 1 618 8500 x 449 Lima Peter J. Knight +44 20 7919 1727 London
Tony Haque +44 20 7919 1861 London Richard Mills +44 20 7919 1018 London Louisa Silcox +352 261 844 292 Luxembourg Fermín Guardiola +34 91 391 5958 Madrid
Pamela Mafuz +34 91 391 5184 Madrid Miguel Galvez +63 2 819 4950 Manila Salvador Pasquel-Villegas +52 55 5279 2960 Mexico City Carlos Sagaon-Garza +52 55 5351 4138 Mexico City
Alejandro Toledo-Alcaraz +52 55 5351 4102 Mexico City Maria del Rosario Lombera-Gonzalez +52 55 5279 2936 Mexico City Daniel Urdiain-Dector +52 55 5279 2530 Mexico City Laura Garvin + 1 305 789 8979 Miami
Uberto Percivalle +39 02 76231 330 Milan Sergio Antonelli +39 02 76231 329 Milan Ricardo Castro-Garza +52 81 8399 1315 Monterrey Raul Lara-Maiz +52 81 8399 1302 Monterrey
Alfonso García-Lozano +52 81 8399 1321 Monterrey Evgeny Reyzman +7 495 787 2700 Moscow Elena Kukushkina +7 495 787 2700 Moscow Anna Pavlova +7 495 787 2700 Moscow
Bernhard Trappehl +49 89 5 52 38 115 Munich Steffen Scheuer +49 89 55 238 294 Munich Denise Broussal +33 1 44 17 53 93 Paris Nadege Dallais +33 1 44 17 53 60 Paris
Olivier Vasset +33 1 44 17 53 32 Paris Zuzana Ferianc +420 236 045 001 Prague Ana P. Vizintini +55 21 2206 4913 Rio de Janeiro Serena Fantinelli +39 06 44063 260 Rome
Romina Galvez + 56 2 23 677 024 Santiago Leticia Ribeiro +55 11 3048 6917 São Paulo Heloisa Ávila +55 11 3048 6782 São Paulo Kelvin Poa +65 6434 2524 Singapore
Zhao Yang Ng +65 6434 2701 Singapore Johan Zetterstrom +46 8 56 617 745 Stockholm Sten Bauer +46 8 56 617 716 Stockholm Samantha Healey +61 2 8922 5557 Sydney
Marianne Calacala +61 2 8922 5778 Sydney H. Henry Chang +886 2 2715 7259 Taipei Gabriela Garcia-Zamarron +52 664 663 4321 Tijuana Marena de la Parra-Landa +52 664 633 4329 Tijuana
Carlos Martin Del Campo +52 664 633 4325 Tijuana Rene Perez-Ruiz +52 664 633 4308 Tijuana Nobuko Narita +81 3 6271 9732 Tokyo Stephanie MacIntosh +1 416 865 6886 Toronto
Carl Dholandas +1 416 865 6958 Toronto Alina Kociecka +48 22 445 3432 Warsaw Agnieszka Siewniak +48 22 445 3194 Warsaw Mariola Posiewka +48 22 445 3329 Warsaw
Paulina Labecka +48 22 445 3186 Warsaw Lisa Atkins +1 202 835 1879 Washington D.C. Shannon A. Donnelly +1 202 452 7005 Washington D.C. Meghan Houston +1 202 835 6269 Washington D.C.
Marnin Michaels +41 44 384 1208 Zurich Thomas O’Donnell +41 44 384 1440 Zurich Peter Reinert +41 44 384 1341 Zurich Lyubomir Georgiev +41 44 384 1490 Zurich
Marie-Therese Yates +41 44 384 1487 Zurich