Electronic Funds Transfer Form: Fill & Download for Free

The question should better have been: Are people of all ethnicities leaving RSA and in what numbers? And what are the motivations and limitations impacting on their movement.I suggest this because in my business club, there are an increasing number of recently arrived mature (aged around 40) black South Africans who have migrated to Australia from South Africa. I am aware that other clubs throughout Australia have such members. There are also many white, asian, coloured members who are ex-RSA most of whom arrived in the past 26 years.Thalami Ntliziyo’s argument that the commentary predominantly applied to the motivation of whites leaving South Africa is predicated upon:Brain drain causing poor economic performanceCorrupt black dominated government (ANC)High crime ratesAffirmative Action and BEE adverse impactThere is certainly factual data to support the above contentions.I believe Thalami has omitted one critical non-race based measure that many skilled / affluent South Africans (across all ethnicities) use to measure the country’s and the RSA government’s performance namely the USD vs ZAR exchange rate. Sadly the ANC fail miserably in this regard.In 1980 USD1.00 exchanged for ZAR1.04.In 1994 (Mandela) USD1.00 exchanged for ZAR3.55.In 2020 USD1.00 exchanged for ZAR19.29 on 05 Apr 2020. Average exchange rate in 2020 USD1.00 = ZAR16.47.Translated this data means increased cost of living and falling standards of living for all South Africans (fuel, COVID19 vaccines, all imported good etc), inability to travel etc.People of all races recall when a wheelbarrow of cash notes was required to buy a loaf of bread in Zimbabwe. Many of all races view South Africa is travelling the same path as Mugabe’s Zimbabwe.Items 1 and 4 has resulted in limited employment opportunities for white, coloured and asian folk. 26 Years past Mandela’s day is surely enough time to allow merit and qualifications to be applied to all South African’s especially those under 26 years of age. Note: there is no time limit on these racially based policies.Items 2 and 4 have resulted poor appointments at all levels. As Thulani notes in another commentary (Is Cyril Ramaphosa rebuilding South Africa?):“My views on the man have since changed. He was a QUITE deputy president from 2014 to 2018 when Zuma was pillaging the country’s resources. It was all Zuma’s fault, or so we thought.a) Less than 2 years into his presidency over R100 million COVID-19 relief funds have been stolen. These funds were stolen by non-other than the husband to the president’s spokesperson.b) There is a 2018 report on State Security Agency sitting on the president’s in-tray. This report paints a grim picture of an intelligence organisation that is politicised and sometimes operates beyond its mandate. It talks of unvetted public officials who occupy senior positions in State Owned Enterprises. Review Panel State Security Agencyc) There is also a report on VBS Mutual Bank The Great Bank Heist, and only 8 people have been arrested so far. The politically connected are still roaming the streets. According to Advocate Motau:There is hardly a person in its employ in any position of authority who is not in some way, or other complicit.Thieves steal live wires and railway tracks on broad daylight, bringing the whole railway network to a standstill in matter of two months.The president can only do so much, he doesn’t seem to have the power to build anything. The ANC is the ultimate problem for this country.”Evidence suggests the EFF, who appeal to young South Africans, are in the same corrupt class as the ANC.President Ramaphosa has an estimated wealth of R6.4 billion ($450 million 2018) (Cyril Ramaphosa - Wikipedia). How does a man who started working life as a union official end up owing all of McDonald’s in RSA, 30 properties in Johannesburg etc - even taking into account his salary as President (ZAR2.9 million or USD170,000 per annum)?The ANC have allowed India and China to pillage the country.Item 3 - the high crime rate is demonstrable even from increasingly unreliable RSA government statistics.South Africa ranks 3rd highest in the Crime index by Country (Crime Index by Country 2021)South Africa ranks 9th highest out of 230 countries with a murder rate of 36.4 murders per 100,000 of population (2018) (List of countries by intentional homicide rate - Wikipedia)Note: The government no longer identifies the ethnicity of those murdered (by race, tribe, country of origin etc). Could this be because the ANC/EFF’s support for “kill the boer” is demonstrably being put in place? Many illegal black migrants are murdered and this is not identified. Certainly the ANC’s policy of expropriation of farm land without compensation continues to drive white, coloured and asian ethnic farmers to farm in neighbouring countries. “White-genocide narrative”? or fact?The Stats SA’s 2019 MYPE report projects “net South African migration for the period 2016-2021 at a racial group level, estimating an inflow of 1.01 million black Africans and 61,000 Indian/Asian people and an outflow of 116,000 white people.”Again these numbers need commentary.The black migration of 1.01 million people is largely attributable to illegal migrants from neighbouring countries where the economies and state of affairs are worse than in South Africa.The migration of coloured, asian and white people from RSA is impeded by criteria imposed by the receiving countries. Limiting criteria are, inter alia:a) age of applicantsIf the applicant is past 40 they generally have zero chance of being accepted unless they apply under a business migration protocol. Note limitations at c and d.b) skills levels of applicants.These countries only want people with acceptable skills. It is a fact that as a result of BEE/AA qualifications received in South Africa are increasingly valued by the date of issue. Recently qualifications are devalued irrespective of the race of the person. The reality is South Africa’s education and university regimes are no longer held in esteemc) cash availability. With a USD1.00 = ZAR16.50 exchange rateProperty prices across the board are falling in RSA because of the ANC’s poor economic performance exacerbated by the impact of the pandemic.“This market was already taking strain before the pandemic, and one forecast estimates that luxury homes could lose almost 20% of their value this year.Some of SA's priciest properties have already seen steep price cuts.The SA Reserve Bank expects a contraction of around 6% this year, while FNB’s Mkhwanazi believes that GDP is likely to contract by 7% to 10%.A 5 bedroom house in Bantry Bay previously on sale for R39.5 million is now available for R29 million, while a two-bedroom house on Clifton’s Third Beach (once listed as R37.5 million) has an asking price of R29.9 million.”SA house prices are taking so much strain you can get up to R10m off posh homes right nowMy note: Bantry Bay, Clifton are very prestigious places. The owners of these properties are likely to exhibit required skills and be considered valuable migrants by Australia, Canada etc if they are less than 40 years of age.However, the adverse impact on asset value will play a part in the person’s decision to migrate.ZAR29,000,000 delivered USD1,750,000 or less in 2020. If you are 65 years of age the decision is to stay.d) Exchange control limitationsThe exchange control system regulates the inward and outward flow of money in South Africa and it affects both individuals and companies.Key points of the South Africa exchange control regulations· It is applicable to all transactions no matter the size· No resident may effect a transfer without prior approval.· No company or legal entity may effect a transfer without prior approval.· Only authorised dealers are allowed to effect a currency transfer.· Outward payments may only be made for permissible reasons and under conditions that are approved by the authorised dealers on behalf of the Reserve Bank.· All payments made to foreign parties must be reported to the Reserve Bank.There are set amounts for personal transfers in the form of allowances that must be adhered to.There are two main ways of expatriating funds from South Africa, namely the single discretionary allowance and the foreign capital allowance.The single discretionary allowance is afforded to all South African residents who are 18 years or older and have a valid South African identity document. This allowance is ZAR1,000,000 (USD60,000) per calendar year per individual.· The discretionary allowance is applicable for the following reasons:· Monetary gifts and loans: South African resident to non-resident· Travel allowance: South African resident within 60 days before departure date· Donations to missionaries· Foreign capital allowance· Wedding expenses, if backed up by documentary evidence· Study allowance, if supported by proof of registration· Maintenance and alimony payments, as per court orders· Travel allowance for minors (R200,000 per calendar year)· Any use of your South African debit or credit card abroadThe foreign capital allowance (FIA) gives a South African resident individual, 18 years or older, the opportunity to expatriate funds of up to R10,000,000 per calendar year.The rules relating to the FIA include:A person must obtain a duly electronically completed “Tax Clearance Certificate – Foreign Investment Allowance” issued by the South African Revenue Service (SARS) bearing the SARS logo and specific background watermark must be presented to the branch of the Authorised Dealer, before funds can be transferred using one’s FIA;Only individuals who are taxpayers in good standing and are 18 years and older, may make use of the FIA for investment purposes abroad;No more than the amount reflected in the tax clearance certificate (TCC) may be transferred abroad. The TCC will only be valid for a period of 12 months;The format and content of the TCC is prescribed and no deviation therefrom whatsoever may be accepted;In terms of the SARS Tax Compliance Status System, a tax compliance status (TCS) letter will be issued to the applicant that will contain the applicant’s tax number and PIN. An Authorised Dealer must use the PIN to verify the applicant’s TCS via eFiling before effecting a transfer in terms of the FIA;The funds transferred abroad using the FIA may not be used to enter into a transaction or series of transactions that create a loop structure, that is, where the result is that the South African resident individual acquires an interest in an offshore entity, which in turn, holds interests in assets situated in the Common Monetary Area (CMA), including South Africa;Funds transferred abroad may also not be re-introduced into South Africa as a loan to a CMA resident;Unintentional loop structures created through the authorised use of the FIA, whereby funds invested with non-resident asset or fund managers, who invest in foreign companies that have CMA assets and/or offshore global investment funds that directly or indirectly hold CMA investments over which the South African investor has no control, are permitted; andIndividuals that make use of their FIA may not enter into any transactions whereby capital or the right to capital is directly or indirectly exported from South Africa. In other words, they may not enter into a foreign commitment with recourse to South Africa. However, private individuals may raise loans abroad to finance the acquisition of foreign assets without recourse to South Africa, but may only use authorised foreign assets as collateral in such instances.NOTE: For the majority of South Africans (not connected to ANC cadres) these rules mean migration is not possible.Conclusion:The whites, coloureds, asians who were able and wanting to migrate have probably already left South Africa. The remainder cannot meet migration criteria.Youngsters in this group rely on the passports of their parents.Now the interesting trend will be to watch the movement of black, non-ANC/EFF supporters who note the changes in neighbouring countries and the failure of those governments and the RSA government to install and maintain a good economy?Interesting also to note that many corrupt South African (Zuma et al), Zimbabwean (e.g. President Mugabe) and Angolan (e.g. President José Eduardo dos Santos) politicians hedged their bets by having assets overseas.

The exact answer is contained in section 30 of the Beschäftigungsverordnung:[1] That provision contains a complete lists of activities which are not considered employment in Germany.Unfortunately, there is no official translation available, and the provision links to a number of other provisions. So I used “DeepL”[2] to translate the official German text into English (this is not official, so do not take the details for granted!):Section 3 - Activity without permit in Germany allowed for 90 days within any 180 days period1 - executive employees with general power of attorney or procuration,2 - Members of the organ of a legal person who are entitled to legal representation,3 - shareholders of a general partnership or members of another group of persons, insofar as they are appointed by law, articles of association or articles of association to represent the group of persons or to manage the company, or4 - executive employees of a company operating outside Germany as well, for employment at board, management or executive level or for work in other managerial positions that is of decisive importance for the development of the company.Section 16 - Activity without permit in Germany allowed for 90 days within any 180 days periodPeople who1 - are employed abroad by an employer based in Germany in the commercial sector,2 - conduct domestic meetings or negotiations, prepare contract offers, conclude contracts or supervise the execution of a contract for an employer domiciled abroad, or3 - establish, supervise or control a domestic part of an enterprise for an employer domiciled abroad,and who, in the course of their employment, do not spend more than 90 days within a period of 180 days in Germany in total, retaining their habitual residence abroad.Section 5 - Activity without permit in Germany allowed for 90 days within any one year period1 - scientific staff of universities and research and development institutions who are not already within the scope of Sections 20 and 20b of the Residence Act,2 - Guest researchers at a university or at a research institution under public law or predominantly financed from public funds, or run as a public enterprise in a private legal form, who do not already fall within the scope of Sections 20 and 20b of the Residence Act,3 - Engineers and technicians as technical employees in the research team of a visiting scientist,4 - teachers at public schools or state-approved private alternative schools or recognised private supplementary schools, or5 - Teachers for language teaching at universities.Section 14 - Activity without permit in Germany allowed for 90 days within any one year period1 - persons employed under a voluntary service regulated by law or based on a European Union programme, or2 - employees mainly for charitable or religious reasons;students and pupils of foreign universities and technical colleges to take up a holiday job of up to 90 days within a period of twelve months, which has been arranged by the Federal Employment Agency.Section 15 - Activity without permit in Germany allowed for 90 days within any one year periodAny internship1 - according to § 17b of the Residence Act,2 - during a stay for the purpose of school education or study, which is a prescribed part of the education or which is demonstrably necessary to achieve the educational objective,3 - within the framework of a programme funded by the European Union or bilateral development cooperation,4 - with a duration of up to one year within the framework of an international exchange programme of associations, public institutions or student organisations to students or graduates of foreign universities in agreement with the Federal Employment Agency,5 - to specialists and executives who receive a scholarship from public German funds, funds of the European Union or funds of international intergovernmental organisations, or6 - with a duration of up to one year during a course of study at a foreign university, which is carried out after the fourth semester on a subject-related basis in agreement with the Federal Employment Agency.Section 17 - Activity without permit in Germany allowed for 90 days within any one year periodSkilled workers employed abroad in an internationally active group or company for the purpose of continuing vocational training in the domestic part of the group or company for up to 90 days within a period of twelve months.Section 18 - Activity without permit in Germany allowed for 90 days within any one year periodEmployees of an employer based abroad,1 - whose activities are recognised by the Press and Information Office of the Federal Government, or2 - who are engaged in journalistic activities in Germany while retaining their usual place of residence abroad, if the duration of the activity does not exceed 90 days within a period of twelve months.Section 19 subsection 1 - Activity without permit in Germany allowed for 90 days within any one year periodPersons who are sent abroad by their employer for up to 90 days within a period of twelve months to Germany in order to1 - to install and assemble, maintain or repair machines, installations and programmes for electronic data processing for commercial purposes which have been ordered from the employer, or to instruct in the operation of such machines, installations and programmes,2 - to accept acquired machines, equipment and other items or to be instructed in their operation,3 - to dismantle second-hand installations acquired for the purpose of reconstruction in the State in which the employer is established,4 - to set up, dismantle and supervise their own exhibition stands or exhibition stands for a foreign company domiciled in the employer's country of domicile, or5 - to complete a company training course within the framework of export supply and licence agreements.Section 20 - Activity without permit in Germany allowed for 90 days within any one year periodDriving personnel who1 - in the carriage of goods by road for an employer with registered officea) performs international transport operations in the territory of another Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area pursuant to Article 2(2) or cabotage operations pursuant to Article 8(2) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international freight transport market (OJ L 300, 14.11.2009, p. 72) and for which a driver attestation has been issued to the employer,b) outside the territory of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area, carries out international carriage of goods by a vehicle registered in the State in which the employer is established for a maximum stay of 90 days within a period of 12 months, or transfers a vehicle registered in Germany to a State outside that territory,2 - in international road passenger transport, on behalf of an employer established abroad, makes international journeys in a vehicle registered in the State in which the employer is established. This applies to international regular bus services even if the vehicle is registered in the country.Driving personnel engaged in international rail transport, if the transport undertaking is established abroad.Section 22 - Activity without permit in Germany allowed for 90 days within any one year period1 - Persons, including their auxiliary staff, who, while retaining their normal place of residence abroad, are active in lectures or performances of particular scientific or artistic value or in performances of a sporting nature in Germany, if the duration of the activity does not exceed 90 days within a period of twelve months,2 - Persons employed in the context of festivals or music and culture days or sent for guest performances or foreign film and television productions, if the duration of the activity does not exceed 90 days within a period of twelve months,3 - People who perform in daily performances up to 15 days a year,4 - Professional sportsmen and sportswomen or professional coaches whose employment in German sports clubs or comparable sports facilities participating in competitive sport is intended, if theya) have reached the age of 16,b) the association or institution pays a gross salary which is at least 50 per cent of the income threshold for statutory pension insurance, andc) the German umbrella association responsible for the sport confirms, in agreement with the German Olympic Sports Federation, the athlete's qualification as a professional athlete or his/her suitability as a trainer,5 - Photomodels, advertising types, mannequins or dressmen,6 - Tour guides who accompany foreign tourist groups to Germany while retaining their usual place of residence abroad, if the duration of the activity does not exceed 90 days within twelve months, or7 - Interpreters who, while retaining their usual place of residence abroad, participate in domestic meetings or negotiations for a company domiciled abroad, if the duration of their work does not exceed 90 days within a period of twelve months.Section 23 - Activity without permit in Germany allowed for 90 days within any one year periodPersons accredited by the respective Organising Committee for the preparation, participation, organisation and follow-up of international sporting events, insofar as the Federal Government has assumed implementation guarantees; these are in particular the following persons:1 - the representatives, staff and agents of associations or organisations, including arbitrators and assistant arbitrators,2 - the athletes and paid staff of the participating teams,3 - the representatives of the official association partners and the official licence partners,4 - the representatives of the media, including the technical staff and the staff of the media partners.Section 21 - Intra-EU activity without permit in Germany allowed for 90 days within any one year periodPersons who are duly employed by an enterprise with its registered office in a member state of the European Union or a state party to the Agreement on the European Economic Area in the state in which the enterprise has its registered office and who are temporarily posted to the territory of the Federal Republic of Germany in order to provide a service, if these activities are carried out by foreign nationals who hold long-term resident status in another Member State of the European Union for up to 90 days within a period of 12 months.Section 23 AufenthV - Flight crewCivilian aircrew in possession of a flight crew identification card, provided that they1 are present only at the airport where the aircraft has stopped or finished its flight,2 are present only in the territory of a commune situated in the vicinity of the airport, or3 change over to another airport.If they do not posses a flight crew identification card, a waiver may be issued.Section 24 AufenthV - Sea crewSea pilots who act in the exercise of their profession and identify themselves by official documents concerning their person and sea pilot status,Civilian personnel of a vessel engaged in sea or coastal water transport or in Rhine sea transport for a stay in the port during the vessel's layover period, provided that they fulfil the passport obligation.For the purposes of the preceding paragraphs, civilian ship personnel shall mean the master of a ship, the crew members who are registered and on the crew list and other persons employed on board who are on a crew list.Section 25 AufenthV - Crew on inland vessels(1) Foreigners who1 - are engaged in international inland waterway transport on board a vessel operated by an undertaking established in the territory of a Schengen State,2 - are in possession of a valid residence permit issued by the State in which the undertaking is established and where the residence permit authorises them to engage in inland waterway transport, and3 - are entered on this ship's crew list,for stays of up to six months within a period of twelve months from the date of first entry.(2) Foreigners who1 - operate on a vessel operated by a company established abroad in Danube navigation, including navigation on the Main-Danube Canal,2 - are entered on the crew list of that ship; and3 - hold an inland navigation pass,for stays of up to 90 days within a period of 12 months from the date of first entry.3 - The relief provided for in the preceding paragraphs applies to the activities1 - on board,2 - in the area of a marina and a nearby municipality, and3 - in the case of voyages between the border crossing point and the place where the vessel is berthed or between places where the vessel is berthed by the shortest route; in connection with the international carriage of passengers or goods and in Danube navigation for the onward carriage of the same passengers or goods.This applies mutatis mutandis to members of the family registered on inland navigation passes.Section 26 AufenthV - Stays without entryPersons being in the territory without passing through, or circumvening, an immigration checkpoint, notably persons on a flight in German airspace without landing.Section 27 AufenthV - Diplomatic and consular staffOn the basis of mutuality,1 - the members of the domestic staff of professional consular representations in the Federal Republic of Germany officially seconded to the Federal Republic of Germany and their family members living with them in the same household and not permanently resident in the Federal Republic,2 - members of the diplomatic and professional consular, administrative and technical staff as well as domestic servants of diplomatic and professional consular representations in the Federal territory who are not officially seconded and locally employed with the consent of the Federal Foreign Office, and their spouses or partners living in the same household as them, minor single children and adult single children who have reached the age of 21 at the time of the transfer of their permanent residence to the Federal territory, and who are called in with the consent of the Federal Foreign Office, are undergoing training and are economically dependent on them,3 - private domestic workers employed with the consent of the Federal Foreign Office by members of diplomatic and professional consular representations in Germany,4 - the accompanying family members of representatives of other states and their companions within the meaning of § 20 of the Judicial Constitution Act,5 - persons who belong to the household of a seconded member of a diplomatic or professional consular representation in the Federal Republic of Germany, who live with the seconded member in a household or care community in consideration of a legal or moral obligation or already at the time of his or her posting to the Federal Republic of Germany, who are not employed by the seconded member, whose maintenance, including appropriate protection against illness and need for care, is secured without recourse to benefits in accordance with the Social Security Code and whose residence the Federal Foreign Office has approved in individual cases for the purpose of safeguarding the foreign relations of the Federal Republic of Germany in the individual case for the purpose of safeguarding the foreign relations of the Federal Republic of Germany.Section 28 AufenthV - Swiss nationalsNationals of Switzerland under the conditions laid down in the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons.Section 29 and 14 AufenthV - Rescue1 - Foreigners arriving from neighbouring States, by sea or rescue flights from other States who wish to provide or make use of assistance in the event of an accident or disaster, and2 - foreigners who are part of the flight crew or accompanying personnel of rescue flights.The exemption ceases as soon as it becomes reasonable for the alien to apply for the required residence permit, also in view of the special circumstances of the case and the priority given to the provision of or recourse to assistance.Section 30 AufenthV - TransitForeigners are not considered as employed if they1 - on the basis of an intergovernmental agreement allowing this, transit through the territory of the Federal Republic, or2 - are transported through the federal territory on the basis of an intergovernmental agreement or with the consent of the Federal Ministry of the Interior or the body appointed by it; in this case, the exemption also applies to the supervisors accompanying them.Sources in German language: BeschV: BeschV - nichtamtliches Inhaltsverzeichnis; AufenthV: AufenthV - nichtamtliches InhaltsverzeichnisFootnotes[1] § 30 BeschV - Einzelnorm[2] DeepL Translator