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Transatlantic adversity: An American Candidate on the Way to Signing a Treaty in Bavaria

Travel between the U.S. and the EU is subject to some restrictions and complications due to the current infection situation. For example, U.S. citizens are currently not allowed to enter the EU without a special reason or exemption. Similarly, EU citizens who do not hold a green card or dual citizenship are generally unable to enter the U.S. at this time.

However, in the case of new hires of managing directors for U.S. subsidiaries and comparable strategically important executives, it is usually unavoidable for candidates to appear before the owners or the supervisory board in Germany either in the final round or for the signing of the contract. Thus, trips to TH Bender reports here on a trip carried out at the end of August on behalf of a client from Bavaria, whose management had already decided on the future CEO in the course of a series of video-based selection interviews and had also made him a preliminary offer, which had already been countersigned. However, due to the special relationship of trust between the German headquarters and the U.S. branch, it was essential for the customer to see the future managing director in person in Germany before he started work. In this case, it was a matter of filling a position with P&L responsibility in the double-digit million range as part of the succession plan for the long-standing US managing director who was retiring for reasons of age. After extensive research regarding the latest entry regulations and relevant national and EU directives, as well as consultation with the health department responsible for the client's county, a cover letter was prepared for submission to the Federal Police, which explicitly referred to three relevant exceptional reasons (executive, commencement of work, economic necessity). It was also decided that in order to simplify the entry process, the candidate would be assisted by a senior advisor from TH Bender who, due to dual EU/US citizenship, would have no problem entering Germany and the US and would also be available as a language mediator at the border.

Already in Newark, the Lufthansa desk agent checked the prepared documents to allow the US American access to LH403. Both travelers had also registered online in advance with Centogene in Frankfurt for the COVID rapid test. Furthermore, the U.S. candidate had undergone an additional COVID test in the U.S. as a precautionary measure.

Check-in and boarding went smoothly, the flight itself was just under half full and also proceeded normally, even the service on board in business class was not significantly different from previous flights, only the meal was served in one course. On board, the crew distributed disembarkation cards before landing in Frankfurt, on which all addresses in Germany were to be listed under threat of handsome administrative fines.

After landing in Frankfurt, where it was almost deserted on Saturday morning and accordingly there was no waiting time in front of the border post, the accompanying letters as well as the signed provisional employment contract were presented to the officers of the Federal Police for examination. After detailed verbal explanations and explicitly requested consultation with the post leader, the American candidate was allowed to enter the country.

The next step was to go to the Centogene test center in the passage to the long-distance train station for a PCR test to avoid the otherwise due 14-day quarantine. Centogene offers the option of accelerated processing within 6 hours for a payment of 59 euros and a rapid test with results in an even shorter time for 139 euros. Despite choosing the slower option, both results of the throat swab were available by email within 2 hours.

After the onward flight to Munich arrived at the destination in Bavaria, another smear test was taken in the hotel on a voluntary basis and the test tubes were handed in by one of the customer's employees for analysis in the laboratory on the same Saturday evening. Here, the results were already available on Monday afternoon. In Bavaria, clear regulations regarding the wearing of a mask in public spaces (now euphemistically referred to as mouth-nose covering in Germany) applied during the visit period.

After successful discussions, the return journey was started. In Frankfurt, there was again little public traffic and the check-in and security check went smoothly. Apart from the mask requirement, the stay on board was as normal as on the outward journey, and this also applied to the connecting flight with Austrian from Vienna.

After arriving in Newark, we disembarked in groups, starting with Business Class. Before entering the country, a Public Health Questionnaire had to be filled out on board, analogous to the disembarkation card used in Germany. On the questionnaire, the period of stay in so-called risk areas such as the Schengen area as well as the subjective state of health and address, e-mail and mobile number must be indicated. The form is handed in upon entry, where a measurement of forehead temperature also takes place, the result of which is noted on the form.

Otherwise, entry was as usual, with the only difference being that the Global Entry option is not currently offered due to the superficial health check, which also required the completion of a paper customs form. Due to the relatively low volume of people entering the country, baggage claim was also quite quick, as was the re-check-in of baggage in the transit area.

All in all, it is still quite possible to travel stress-free between the USA and the EU with solid preparation and appropriate planning, although it should be noted that flight schedules are currently severely restricted and in some cases time-intensive connecting flights have to be used.

If you have any questions, the TH Bender team will be happy to help and advise you.

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