Recent Keynotes of April 2017

April 2017
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Council of Ministers Resolutions

  • The Resolution of the Council of Ministers dated 20.02.2017 and numbered 2017/9956 regarding the Amendment on the Annex to the Resolution on the Import Regime was published in the Official Gazette dated 23.03.2017 and numbered 30016.
  • The Resolution of the Council of Ministers dated 20.02.2017 and numbered 2017/9962 regarding the Principles of Special Passport Issuance to Exporters was published in the Official Gazette dated 23.03.2017 and numbered 30016.
  • The Resolution of the Council of Ministers dated 27.02.2017 and numbered 2017/9988 regarding the Amendment on the Resolution named Providing Support to Travel Agencies in Group A that brought tourists to our Country was published in the Official Gazette dated 05.04.2017 and numbered 30029.

Legislation

  • The Communiqué on Turkish Auditing Standards No: 49 (Independent Auditing Standard regarding Operational Continuity 570) was published in the Official Gazette dated 24.03.2017 and numbered 30017(bis).
  • The Communiqué Turkish Auditing Standards No: 50 (Independent Auditing Standard regarding Forming Opinions and Reporting on Financial Statements 700) was published in the Official Gazette dated 24.03.2017 and numbered 30017 (bis).
  • The Communiqué on Turkish Auditing Standards No: 51 (Independent Auditing Standard on Giving an Opinion other than a Positive Opinion on Independent Auditors’ Report 705) was published in the Official Gazette dated 24.03.2017 and numbered 30017 (bis).
  • The Communiqué on Turkish Auditing Standards No: 52 (Independent Auditing Standard regarding the Paragraphs of Specific Considerations and Other Considerations on Independent Auditors' Report 706) was published in the Official Gazette dated 24.03.2017 and numbered 30017 (bis).
  • The Communiqué on Turkish Auditing Standards No: 53 (Independent Auditing Standard on Comparative Information - Previous Corresponding Period Information and Comparative Financial Statements 710) regarding was published in the Official Gazette dated 24.03.2017 and numbered 30017 (bis).
  • Law No. 6898 on the Approval of the Ratification of the Maritime Labor Convention entered into force through publication in the Official Gazette dated 25.03.2017 and numbered 30018.
  • Law No. 6904 on the Approval of the Participation in the International Convention on the Ancillary Attachment of Ships entered into force through publication in the Official Gazette dated 25.03.2017 and numbered 30018.
  • Law No. 6940 on the Approval of the Participation in the International Convention on Maritime Liens and Mortgages entered into force through publication in the Official Gazette dated 25.03.2017 and numbered 30018.
  • Law No. 6931 on the Approval of the Ratification of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships entered into force through publication in the Official Gazette dated 31.03.2017 and numbered 30024.
  • Communiqué (No: 2017/4) on Payments to be made by Joint-Stock and Limited Liability Companies in Accordance with Law No. 4054 entered into force through publication in the Official Gazette dated 31.03.2017 and numbered 30024.
  • The Communiqué (Serial No: 479) on the Amendment to the General Communiqué (Serial No: 459) on Procedural Tax Law entered into force through publication in the Official Gazette dated 01.04.2017 and numbered 30025.
  • The Regulation on the Environmental Impacts of Gasoline and Diesel Oil Types was published in the Official Gazette dated 01.04.2017 and numbered 30025. This Regulation enters into force on 01.01.2018.
  • Law No. 7012 on the Approval of the Ratification of the Protocol on Amendments to the Basic Multilateral Agreement on International Transport for Development of the Europe-The Caucasus-Asia Corridor entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • Law No. 6990 on the Approval of the Ratification of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • Law No. 6988 on the Approval of the Ratification of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • Law No. 6973 on the Approval of the Ratification of the Doha Amendment to the Kyoto Protocol entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • Law No. 6949 on the Approval of the Ratification of the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • Law No. 7007 on the Approval of the Ratification of the Amendments to the Annexes of the European Agreement Concerning the International Carriage of Dangerous Goods by Road entered into force through publication in the Official Gazette dated 05.04.2017 and numbered 30029.
  • The Regulation on the Amendment to the Regulation regarding the Investment Support Program for Technological Products entered into force through publication in the Official Gazette dated 08.04.2017 and numbered 30032.
  • The Regulation on the Strategic Environmental Assessment entered into force through publication in the Official Gazette dated 08.04.2017 and numbered 30032.
  • The Regulation on the Amendment to the Ports Regulation entered into force through publication in the Official Gazette dated 08.04.2017 and numbered 30032.
  • The Communiqué on the Notification and Announcement of Prohibition Decisions on Check Issuance and Opening Check Accounts entered into force through publication in the Official Gazette dated 13.04.2017 and numbered 30037.
  • The Communiqué on the Amendment to the Communiqué (Communiqué No: TMKTDGM-01) regarding the Dangerous Substance Safety Consultancy entered into force through publication in the Official Gazette dated 19.04.2017 and numbered 30043.
  • The Communiqué on the Amendment to the Communiqué (Communiqué No: 2017/2) regarding the Procedures and Principles of Implementation of the Resolution entitled, Providing Support to Travel Agencies in Group A that brings Tourists to our Country, entered into force through publication in the Official Gazette dated 19.04.2017 and numbered 30043.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption for one year as of the decision date to the card data storage service of Bankalararası Kart Merkezi A.Ş., as it fulfills the conditions provided by Article 5 of Law No. 4054. (23.03.2017, 17-11/134-61)
  • The Board decided that the Tender Sale Contract (“Contract”) executed between Sanofi Sağlık Ürünleri Ltd. Şti. and Aksel Ecza Deposu Ticaret A.Ş. benefits from group exemptions for drugs called Allegra, Amikozit, Amlodis, Arifay, Artril+ Dolven, Azro, Delix Protect, Eveptin+Gabtin, Festal, Helicol, Lasix, Mirtaron, Nasacort, Nortan, Piogtan, Prosek, Rifocin, Sarvas, Sarvastan, Sempriban, Tamprost, Tavanic, Trental, Zaltrap, Zepahex, Sefotak, Zentovir, Taxotere, and granted individual exemption to the Contract for the drugs called Amaryl, Antibit, Apidra, Arava, Bemiks, Bemiks Ampul, Clexane, Cordarone, Coumadin, Depakin, Dermo-Rest, Delix, Diazomid, Dideral, Dogmatil+Sulpir, Emedur, Excegran, Fasturtec, Flantadatin, Fludara, Furacin, Jevtana, Karvea, Karvezide, Lantus, Muscoril, Nibulan, Nörofren, Paranox, Paranox-S, Plaquenil, Plavix, Bi-Profenid, Rilutek, Sabril, Sanasol, Seralin, Sinopryl, Sinoretik, Solian, Surgam, Synvisc, Targocid, Xatral, Prepar, Enterogermina. (23.03.2017, 17-11/130-59)
  • The Board granted individual exemption to the agreement executed between Daiichi Sankyo İlaç Ticaret Ltd. Şti. and Aksel Ecza Deposu A.Ş. (“Depot”) that exclusively authorizes the referred Depot in Turkey for tender sales of the drug called Simdax. (06.04.2017, 17-12/147-66)
  • The Board granted individual exemption to the Distribution and Device Cooperation Agreement executed between Turkcell Satış ve Dağıtım Hizmetleri A.Ş., KVK Teknoloji Ürünleri ve Tic. A.Ş. and Genpa Telekomünikasyon ve İletişim Hizmetleri San. ve Tic. A.Ş. (06.04.2017, 17-12/145-64)

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of Combera Group GmbH by Advantage Smollan Limited. (23.03.2017, 17-11/129-58)
  • The Board authorized the acquisition of the full control of Time Warner Inc. by AT&T Inc. (23.03.2017, 17-11/128-57)
  • The Board authorized the acquisition of the sole control of Grome İç ve Dış Ticaret Ltd. Şti., GROME Marketing Ltd.(Cyprus) and Bathroom Solutions Ltd. by LIXIL Group Corporation through Grohe AG. (06.04.2017, 17-2/151-68)
  • The Board decided that the acquisition of certain amount of shares of Fabeks Dış Ticaret A.Ş. (“Company”) by Ayşen ZAMANPUR and the acquisition of the sole control of the Company by the Zamanpur Family are not subject to authorization. (06.04.2017, 17-12/153-BD)
  • The Board authorized the acquisition of all of the shares of Zet Farma Lojistik Hizmetleri San. ve Tic. A.Ş. by Kühne+Nagel Nakliyat Ltd. Şti. (06.04.2017, 17-12/148-67)
  • The Board authorized the acquisition of the sole control of Actelion Ltd by Johnson & Johnson. (06.04.2017, 17-12/146-65)
  • The Board authorized the acquisition of the sole control of Vive B.V. by Toyota Industries Europe AB, a company under the sole control of Toyota Industries Corporation. (06.04.2017, 17-12/143-63)

Energy

  • The Energy Market Regulation Authority (“EMRA”) announced the release of the Petroleum Market Sector Report of January 2017, on 28.03.2017.
  • The EMRA announced the release of the Natural Gas Market Sector Report of January 2017, on 29.03.2017.
  • The Regulation on the Organized Wholesale Natural Gas Market was published in the Official Gazette dated 31.03.2017 and numbered 30024.
  • The Communiqué (Serial No: 2017/1) on the Administrative Fines to be Applied for 2017 in Accordance with Article 10 of Energy Efficiency Law No. 5627 was published in the Official Gazette dated 31.03.2017 and numbered 30024. This Communiqué entered into force on 01.01.2017.
  • Law No. 6946 on the Approval of the Ratification of the Intergovernmental Agreement between the Republic of Turkey, the Republic of Greece, and the Republic of Italy regarding the Development of the Turkey-Greece-Italy Gas Transfer Corridor entered into force through publication in the Official Gazette dated 03.04.2017 and numbered 30027.
  • The EMRA announced the release of the Liquidated Petroleum Gas (“LPG”) Market Sector Report of January 2017, on 05.04.2017.
  • The EMRA announced the release of the Electricity Market Sector Report of January 2017, on 05.04.2017.
  • The Regulation on the Management System for Nuclear Facilities entered into force through publication in the Official Gazette dated 08.04.2017 and numbered 30032.
  • The Regulation on the Amendment to the Regulation on Renewable Energy Resource Areas was published in the Official Gazette dated 11.04.2017 and numbered 30035.
  • The Regulation on the Amendment to the Regulation on the Electricity Facilities Acceptance was published in the Official Gazette dated 14.04.2017 and numbered 30038.

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Have Form Requirements been brought for Engagements?
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United States Economic Sanctions Regime: Iran
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Regulation on Pilotage and Towage Services
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Operation of Economic Enterprises by Foundations

Pursuant to Art. 101 of the Turkish Civil Code (“CC”) No. 4721, foundations are an ensemble of assets that have legal personality, which comprises of sufficient assets and rights that are allocated by real and legal persons for a determined and perpetual objective. Foundations are legal persons that have “ideal...

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