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Can a job be exempted from the advertising requirement if it will be filled by an intra-corporate transferee (ICT)?

Yes, the advertising requirement on does not apply to jobs to be filled by ICTs.

However, to be exempted, the Employment Pass candidate would have to meet the stringent definition of ICTs under the World Trade Organisation’s (WTO) General Agreement on Trade in Services (GATS), or any applicable free trade agreements to which Singapore is party.

Under WTO GATS, an ICT must be in one of these roles:

Role Description
  • Primarily directs the organisation or a department or sub-division of the organisation.
  • Supervises and controls the work of other supervisory, professional or managerial employees.
  • Has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation).
  • Exercises discretionary authority over day-to-day operations.
  • Primarily directs the management of the organisation.
  • Exercises wide latitude in decision-making.
  • Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the business.
  • Possesses knowledge at an advanced level of expertise.
  • Possesses proprietary knowledge of the organisation's service, research, equipment, techniques or management.

Additionally, under WTO GATS, an ICT:

  • Must have worked for the company outside Singapore for at least 1 year before being posted to the branch, affiliate or subsidiary in Singapore.
  • Are limited to a 3-year term that may be extended for up to 2 additional years, for a total term not exceeding 5 years.