The Forum for Expatriate Management http://totallyexpat.com Dedicated Exculsively to Global Mobility and International Assignee Management Wed, 20 Aug 2014 16:04:35 +0000 en-US hourly 1 GHANA: Petroleum sector must follow new job advertising rules http://totallyexpat.com/ghana-petroleum-sector-follow-job-advertising-rules/ http://totallyexpat.com/ghana-petroleum-sector-follow-job-advertising-rules/#comments Wed, 20 Aug 2014 09:10:01 +0000 http://totallyexpat.com/?p=15472 Continue reading ]]> IMPACT – MEDIUM

What is the change? Ghana’s Petroleum Commission is scheduled to impose new labor market testing rules for oil and gas sector companies that employ foreign workers.

What does the change mean? Beginning Sept. 1, oil and gas sector companies must fulfill advertising requirements in specified local news media.ghana

  • Implementation timeframe: Sept. 1.
  • Visas/permits affected: Work permits.
  • Who is affected: Oil and gas sector companies and employees.
  • Impact on processing times: None.
  • Business impact: Companies will have to conduct the required labor market testing and provide evidence of their efforts to hire local workers with their applications for work permits.
  • Next steps: Employers should prepare now for the new requirements so they will have the necessary documentation for work permit applications.

Background: Current regulations require that companies in the oil and gas sectors test the local labor market by posting job ads; however, employers have not been bound by any specific rules on the number, content or duration of ads.

As of Sept. 1, these companies must advertise in at least two local print media and must include the Daily Graphic and the Ghanaian Times newspapers. Authorities have not specified a minimum duration for the advertisements.

BAL Analysis: The new rules represent a tightening of labor market testing consistent with a general trend toward increased scrutiny and enforcement of work permit rules in the petroleum sector.

 

This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

 

Source: Berry Appleman & Leiden LLP

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RUSSIA: Notification Requirements for Russian Citizens Abroad: What Individuals Need to Know http://totallyexpat.com/russia-notification-requirements-russian-citizens-individuals/ http://totallyexpat.com/russia-notification-requirements-russian-citizens-individuals/#comments Tue, 19 Aug 2014 14:56:07 +0000 http://totallyexpat.com/?p=15467 Continue reading ]]> New notification requirements for Russian citizens obtaining a permanent residence permit or citizenship overseas took effect on August 4. Russian authorities have released standard forms and clarified filing deadlines for the new requirement.

On August 4, 2014, new notification requirements took effect for Russian citizens obtaining a permanent residence permit or citizenship overseas. Russian officials have now released standard notification forms, provided additional information on exemptions, and clarified filing deadlines. 
russia
Russia is imposing the notification requirement to address concerns that individuals may be using dual citizenship or permanent residence abroad to avoid Russian taxes. 

The following Frequently Asked Questions address the latest developments for the new notification requirements. 

1. Who is covered by the notification requirements?

All Russian citizens must notify the Federal Migration Service (FMS) using a prescribed form if they obtain a permanent residence permit or citizenship overseas. This includes those living in Russia and abroad as well as individuals who already held dual citizenship on August 4. 

Russian citizens on temporary work assignments overseas, including short- and long-term assignments, are not required to notify the FMS. Also exempt are Russian citizens who demonstrate that they will permanently reside abroad by either obtaining a de-registration stamp in their Russian passport or by confirming their address abroad as their formal address (using a document known as Listok Ubitia). 

2. What is the notification process? 

The required notification is completed using a standard form that is now available from the FMS. 

Completed forms must be submitted in person at either a post office or the FMS office with jurisdiction over the individual’s place of official registration in Russia. Third-parties, including legal counsel or immigration service providers, may not submit the notification form on an individual’s behalf, though they can assist in preparing the form for submission. In practice, this means that the notification can only be filed from within Russia. 

The standard form has a detachable receipt coupon that will be removed, stamped and signed by either the post office or a FMS officer and given to the individual as proof of filing. 

The FMS has yet to provide filing requirements and procedures for Russian citizens who were already residing abroad on August 4. These individuals will likely be required to complete the notification upon their next return entry to Russia, but there is no official guidance at this time. Fragomen is monitoring the situation and will provide additional information when it becomes available. 

3. What are the filing deadlines? 

For individuals who are currently in Russia, the notification must be filed within 60 calendar days of obtaining the foreign permanent residence permit or citizenship. Individuals who already held a foreign citizenship or permanent residence as of August 4 and who are currently in Russia have until October 3 to file their notification. 

The FMS has stated informally that individuals who were already residing abroad as of August 4 will have to submit the notification within 60 days of their next entry to Russia. However, as noted above, the FMS has yet to provide official guidance on filing procedures and requirements for Russian citizens who already reside abroad. 

4. What are the penalties for failing to timely file the notification? 

Russian citizens who fail to notify the FMS within 60 days of obtaining a residence permit or citizenship in another country will be subject to criminal fines between RUB 200,000 and one-year’s salary or up to 400 hours of compulsory labor. 

Administrative fines between RUB 500 and 1,000 may be imposed for paperwork violations. 

What This Means for Russian Citizens and Their Employers 

Employers are advised to make all Russian citizens who are employed outside of Russia aware of the notification requirements. The requirement may add an administrative burden and a potential cost, to permanently transferring Russian citizens overseas for work. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Worldwide or send an email to emea@fragomen.com.

Source: Fragomen

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AUSTRALIA/POLAND: Reciprocal work and holiday visa program launched http://totallyexpat.com/australiapoland-reciprocal-work-holiday-visa-program-launched/ http://totallyexpat.com/australiapoland-reciprocal-work-holiday-visa-program-launched/#comments Tue, 19 Aug 2014 10:16:37 +0000 http://totallyexpat.com/?p=15463 Continue reading ]]> IMPACT – LOW

What is the change? Australia and Poland have begun a new reciprocal Work and Holiday Visa program for young people.poland australia

What does the change mean? Up to 200 individuals between the ages of 18 and 30 in each country may apply for these visas, which will allow them to travel and study in each other’s countries for short stays.

  • Implementation timeframe: Aug. 1.
  • Visas/permits affected: Work and Holiday Visas.
  • Who is affected: Polish and Australian nationals who are at least 18 but less than 31 years of age.
  • Impact on processing times: None.
  • Business impact: Employers may hire individuals on these visas for up to six months.

Background: Poland is the 11th country to have a reciprocal work and holiday visa arrangement with Australia, joining Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Thailand, Turkey, the U.S. and Uruguay.

Australia’s Work and Holiday program allows foreign nationals to visit for up to one year, during which time they may study for up to four months and work for up to six months for an employer.

BAL Analysis: The Work and Holiday Visas provide an opportunity for employers with global training programs to employ Polish and Australian nationals.poland australia

 

This alert has been provided by BAL Australia. For additional information, please contact australia@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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ISRAEL: Investor visa for Americans clears another hurdle http://totallyexpat.com/israel-investor-visa-americans-clears-hurdle/ http://totallyexpat.com/israel-investor-visa-americans-clears-hurdle/#comments Tue, 19 Aug 2014 10:08:12 +0000 http://totallyexpat.com/?p=15460 Continue reading ]]> IMPACT – MEDIUM

What is the change? Israel has approved a measure to provide investor visas to Americans, completing a reciprocal agreement in which the U.S. will provide similar visas to eligible Israeli investors.

What does the change mean? The new visas will allow American and Israel investors, along with their families and essential employees, to stay and work in each other’s countries.

  • Implementation timeframe: Implementation is expected soon, but no official date has been set.israel
  • Visas/permits affected: A new Israeli B-5 visa.
  • Who is affected: U.S. nationals interested in investing in Israel.
  • Impact on processing times: None.

Background: In June 2012, U.S. President Barack Obama approved a measure to allow Israeli investors, their families and executives in their companies to enter the U.S. with E-2 visas, but its implementation depended on reciprocal action in Israel. On Aug. 13, 2014 the Israeli Knesset approved a decision to offer new B-5 visas to Americans investing in Israeli businesses. Senior officials at the Ministry of Interior stated that the visa will allow American investors, their family members and key employees to live in Israel at first for one year, but their stays may be extended upon demonstration of job creation in Israel.

BAL Analysis: Israel’s Ministry of Interior is expected to issue regulations on procedures for the B-5 visas soon.

 

This alert has been provided by the BAL Global Practice group and our network provider located in Israel. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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FRANCE: Labor office audits increase amid new reporting rules for posted workers http://totallyexpat.com/france-labor-office-audits-increase-reporting-rules-posted-workers/ http://totallyexpat.com/france-labor-office-audits-increase-reporting-rules-posted-workers/#comments Tue, 19 Aug 2014 10:05:40 +0000 http://totallyexpat.com/?p=15457 Continue reading ]]> IMPACT – MEDIUM

What is the change? French labor offices are increasing audits at the same time they are imposing new reporting requirements on French companies that are hosting workers transferred from EU employers.

What does the change mean? Companies thathost transferred workers from EU employers must log the arrival of the workers in their personnel register and provide accommodations that meet legal standards.

  • Implementation timeframe: Immediate.france
  • Visas/permits affected: Not applicable.
  • Who is affected: The new reporting requirements apply to French companies that host workers transferred from EU companies and for EU companies that transfer employees to France.
  • Impact on processing times: None.
  • Business impact: The requirements add a new administrative procedure for businesses.
  • Next steps: Companies should make sure they are complying with the new requirements and review internal procedures to put the mandatory recordkeeping in place.

Background: The new rules stem from an EU directive on posted workers, which EU countries must implement by June 2016.

Under the new rules, when an EU employer posts an employee to work at a host site in France, the host company must register the employee in its personnel register and make sure that the accommodations provided to the employee meet legal standards.

The EU employers that post workers to France have their own reporting requirements that have not changed: They must file a “prior detachment declaration” with the appropriate labor inspection office at least two working days before the worker arrives in France.

BAL Analysis: Companies should be cognizant of the new rules for host companies and should also be aware that French labor offices have an online database of noncompliant companies and are stepping up audits. Companies found to be out of compliance with these rules may be fined up to €2,000 per employee (€4,000 per employee for repeat offenders).

 

This alert has been provided by the BAL Global Practice group and our network provider located in France. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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AUSTRALIA: Agency cracking down on Working Holiday Visa abusers http://totallyexpat.com/australia-agency-cracking-working-holiday-visa-abusers/ http://totallyexpat.com/australia-agency-cracking-working-holiday-visa-abusers/#comments Tue, 19 Aug 2014 09:59:56 +0000 http://totallyexpat.com/?p=15454 Continue reading ]]> IMPACT – LOW

What is the change? The Fair Work Ombudsman has begun reviewing industries suspected of exploiting the work provisions of the Working Holiday (subclass 417) Visa.

What does the change mean? Underpayment and nonpayment to 417 Visa holders could result in fines.australia

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Working Holiday (subclass 417) Visas.
  • Who is affected: Employers hiring foreign workers on this visa, especially those applying for the second-year extensions of the visa.
  • Impact on processing times: None.
  • Business impact: Companies not complying with 417 Visa rules regarding fair compensation are at risk of being fined.

Background: The 417 Visa is for foreign nationals between the ages of 18 and 31 who want to holiday and work in Australia for up to two years. The initial visa is for one year and in order to qualify for the second year, the foreigner must work at least 88 days during their first year, performing specified work in certain designated areas and industries.

The Ombudsman has reported receiving complaints from one out of three 417 Visa holders. Of the 128 000 Working Holiday visas issued during the first half of the 2013-14 financial year, 20 per cent were for second-year visas – a large jump compared to the same period last year. More than 50 cases have been filed since 2009, and the largest penalty levied against a company has been $343 860.

BAL Analysis: The review signals greater scrutiny of companies employing 417 Visa holders and is a compliance reminder to employers.

 

This alert has been provided by BAL Australia. For additional information, please contact australia@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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AUSTRALIA: Designated area migration program to loosen restrictions on overseas workers http://totallyexpat.com/australia-designated-area-migration-program-loosen-restrictions-overseas-workers/ http://totallyexpat.com/australia-designated-area-migration-program-loosen-restrictions-overseas-workers/#comments Tue, 19 Aug 2014 09:57:33 +0000 http://totallyexpat.com/?p=15451 Continue reading ]]> IMPACT – MEDIUM

What is the change? Australia will launch a pilot foreign-worker program under a designated area migration agreement (DAMA) with the Northern Territory Government.

What does the change mean? The agreement provides for relaxed criteria for semi-skilled overseas workers where there are local labour shortages.

  • Implementation timeframe: The pilot program is scheduled to launch in the coming weeks, but no date has been announced.australia
  • Visas/permits affected: 457 Visas.
  • Who is affected: Employers applying for 457 visas.
  • Impact on processing times: None.
  • Business impact: Employers will be able to attract semi-skilled overseas labour more easily in the designated areas.

Background: Australia’s Assistant Immigration Minister Michaelia Cash recently confirmed that a pilot DAMA program will launch in Darwin in the Northern Territory in coming weeks and discussions are in progress for a similar DAMA in Pilbara in Western Australia. The agreements are aimed at attracting semi-skilled guest workers such as childcare workers, cooks and truck drivers. Labor unions have criticised the plans as undercutting local workers by watering down training and skills requirements for 457 visas.

BAL Analysis: Itis still unclear which criteria – particularly labour marketing testing – will be altered or eased under the DAMAs.

 

This alert has been provided by BAL Australia. For additional information, please contact australia@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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SAUDI ARABIA: Foreign workers may renew dependents’ visit visas electronically http://totallyexpat.com/saudi-arabia-foreign-workers-renew-dependents-visit-visas-electronically/ http://totallyexpat.com/saudi-arabia-foreign-workers-renew-dependents-visit-visas-electronically/#comments Tue, 19 Aug 2014 09:50:51 +0000 http://totallyexpat.com/?p=15447 Continue reading ]]> IMPACT – MEDIUM

What is the change? Saudi Arabia has launched an electronic service that will allow expatriates to renew visit visas for relatives.

What does the change mean? Foreign employees may renew visit visas for family members electronically without having to queue in passport offices.

  • Implementation timeframe: Aug. 11.saudi arabia
  • Visas/permits affected: Family Visit Visas.
  • Who is affected: Relatives of foreign nationals who are working in Saudi Arabia.
  • Impact on processing times: The new system will speed the process.
  • Business impact: The new system will expedite visa-renewal procedures for assignees’ family members.

Background: The new service will be part of the Ministry of the Interior’s Abshir electronic data system. In order to use the service, expats must register with Abshir.

BAL Analysis: Assignees will benefit from the new system by being able to quickly extend visit visas for family members and avoid the previous waits that were common.

This alert has been provided by the BAL Global Practice group and our network provider located in Saudi Arabia. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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SINGAPORE: Companies face new rules for employment pass transfers http://totallyexpat.com/singapore-companies-face-rules-employment-pass-transfers/ http://totallyexpat.com/singapore-companies-face-rules-employment-pass-transfers/#comments Thu, 14 Aug 2014 09:28:03 +0000 http://totallyexpat.com/?p=15439 Continue reading ]]> IMPACT – MEDIUM

What is the change? Companies that seek to transfer employment pass holders to a subsidiary company or group of companies must meet new criteria. If they do not meet these criteria, they must apply for a new employment pass under the name of the new entity.singapore

What does the change mean? Companies will no longer be able to transfer employment pass holders between entities for secondment or career progression purposes by simply notifying the Ministry of Manpower.

  • Implementation timeframe: Aug. 1.
  • Visas/permits affected: Employment passes.
  • Who is affected: Companies with subsidiary or sister entities.
  • Impact on processing times: The new regulation requires a new application, which will mean more processing time.
  • Business impact: Businesses transferring employment pass holders to subsidiaries now have additional criteria to meet.

Background: Companies may change entity (e.g. from sole proprietorship to private limited company), but the old entity must terminate its registration with the Accounting and Corporate Regulatory Authority if it wants to keep the ability to transfer employment passes. The business activity of the new entity must be the same as the old one and all outstanding levy charges under the old entity must be paid. In addition, at least one of the directors, partners or sole proprietors of the new entity must have been a director, partner or sole proprietor of the old one. Existing passes will not need to be canceled prior to application for the new pass.

BAL Analysis: For transfers of an employment pass holder from one entity to another for secondment or career progression, the new company should apply for a new employment pass as soon as possible.

 

This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@balglobal.com.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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SAUDI ARABIA: Private employers must provide health insurance to workers and families http://totallyexpat.com/saudi-arabia-private-employers-provide-health-insurance-workers-families/ http://totallyexpat.com/saudi-arabia-private-employers-provide-health-insurance-workers-families/#comments Thu, 14 Aug 2014 09:25:18 +0000 http://totallyexpat.com/?p=15434 Continue reading ]]> IMPACT – HIGH

What is the change? Saudi Arabia’s Health Insurance Council has announced that all private businesses must provide medical insurance for their foreign workers and families.

What does the change mean? As of Aug. 10, the Jawazat (passport office) will check all foreign workers and dependent family members for valid medical insurance before issuing or renewing iqamas (residence permits) and other documents.saudi arabia

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Iqamas and exit/re-entry visas.
  • Who is affected: All private employers, foreign nationals and dependent family members.
  • Impact on processing times: Failure to enroll expatriate employees’ dependents in a valid medical insurance policy will incur delays in documents issuance later on.
  • Business impact: The medical insurance requirement will impact the cost of assignments of foreign workers and family members in Saudi Arabia.
  • Next steps: Employers should enroll foreign employees and family members in medical insurance as soon as possible.

Background: The Health Insurance Council announced the universal health coverage policy in June. As of Aug. 10, all private employers must provide health insurance to the dependent family members of expatriate workers. The government has approved certain medical insurers to provide this service. The passport office will not issue iqamas, renew iqamas, issue exit/re-entry visas, or transfer dates from an old passport to a new passport without proof of medical insurance.

Employers are not obligated to provide health insurance to children of Saudi women married to non-Saudi men or non-Saudi women married to Saudi men.

BAL Analysis: Companies that have not already done so should enroll family members of foreign assignees in medical insurance. Dependents who arrive on a residency visa sponsored by a father or husband must obtain health insurance immediately so they will have valid coverage at the time they apply for their iqamas at the Jawazat office.

 

This alert has been provided by the BAL Global Practice group and our network provider located in Saudi Arabia. For additional information, please contact your BAL attorney.

Follow us on Twitter: @BAL_Immigration

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

Source: Berry Appleman & Leiden LLP

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