Section 5: Subject to Section 4 above and in accordance with Section 58 of the Act 766 asamended, the Three Tier Scheme shall apply to every qualified Expatriate employerand each Expatriate Worker employed by the establishment or in any enterprisewhere an employer - employee relationship exists.5.2. An enterprise or establishment employing an Expatriate Worker in Ghana shallsatisfy the following pre-conditions for the registration of that worker under aScheme under the Act:5.2.1. The Expatriate Worker shall not be prohibited under any scheme in his homecountry from joining the Three Tier Pension Scheme in Ghana.