Recent Keynotes of April 2020

April 2020
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International Agreements

  • The Resolution of the President dated 27.03.2020 and numbered 2315 on the Approval of the Agreement Regarding International Passenger and Goods Transportation by Road between the Government of Republic of Turkey and the Government of Uzbekistan was published in the Official Gazette dated 28.03.2020 and numbered 31082.
  • The Resolution of the President dated 27.03.2020 and numbered 2317 on the Approval of the Framework Agreement Regarding Education, Technical and Scientific Cooperation in the Military Field between the Government of Republic of Turkey and the Government of the Republic of Guinea was published in the Official Gazette dated 28.03.2020 and numbered 31082.
  • The Resolution of the President dated 01.04.2020 and numbered 2329 on the Approval of the Agreement Regarding Reciprocal Promotion and Protection of Investments between the Government of Republic of Turkey and the Government of Uzbekistan was published in the Official Gazette dated 02.04.2020 and numbered 31087.
  • The Resolution of the President dated 03.04.2020 and numbered 2362 on the Approval of the Agreement Regarding Reciprocal Promotion and Protection of Investments between the Government of Republic of Turkey and the Government of Republic of Ghana was published in the Official Gazette dated 04.04.2020 and numbered 31089.
  • The Resolution of the President dated 03.04.2020 and numbered 2363 on the Approval of the Agreement Regarding Reciprocal Promotion and Protection of Investments between the Government of Republic of Turkey and the Government of Republic of Mali was published in the Official Gazette dated 04.04.2020 and numbered 31089.

Presidential Decrees

  • The Presidential Decree on the Amendment to Certain Presidential Decrees dated 27.03.2020 and numbered 57 entered into force through publication in the Official Gazette dated 28.03.2020 and numbered 31082.
  • The Presidential Decree on the Amendment to the Organization of Affiliated, Related, Associated Institutions and Organizations to Ministries and Other Institutions and Organizations dated 07.04.2020 and numbered 58 entered into force through publication in the Official Gazette dated 08.04.2020 and numbered 31093.
  • The Presidential Decree on the Amendment to the Presidential Organization dated 13.04.2020 and numbered 59 entered into force through publication in the Official Gazette dated 14.04.2020 and numbered 31099.
  • The Presidential Decree on the Amendment to Certain Presidential Decrees dated 17.04.2020 and numbered 60 entered into force through publication in the Official Gazette dated 18.04.2020 and numbered 31103.

Resolutions of the President

  • The Resolution of the President dated 21.03.2020 and numbered 2278 on the Amendment to the Resolution on Determination of the Value Added Tax Rates to be Applied to Goods and Services was published in the Official Gazette dated 03.2020 and numbered 31076. This Resolution entered into force on 01.04.2020.
  • The Resolution of the President dated 21.03.2020 and numbered 2279 on Cessation of Execution and Bankruptcy Proceedings entered into force through publication in the Official Gazette dated 22.03.2020 and numbered 31076.
  • The Resolution of the President dated 24.03.2020 and numbered 2283 on the Implementation of the Attached Decision on Postponing Credit Debts that are Under the Decisions Regarding the Use of Loans with Low Interest Rates by the Türkiye Halk Bankası Anonim Şirketi, by the Tradesmen and Craftsmen Damaged by the COVID-19 Outbreak was published in the Official Gazette dated 25.03.2020 and numbered 31079. This Resolution entered into force on 01.04.2020.
  • The Additional Resolution of the President dated 24.03.2020 and numbered 2284 on the Import Regime entered into force through publication in the Official Gazette dated 25.03.2020 and numbered 31079.
  • The Resolution of the President dated 24.03.2020 and numbered 2285 on Amendment to the Additional Resolution on the Import Regime entered into force through publication in the Official Gazette dated 25.03.2020 and numbered 31079.
  • The Resolution of the President dated 24.03.2020 and numbered 2286 on Amendment to the Additional Resolution on the Import Regime entered into force through publication in the Official Gazette dated 25.03.2020 and numbered 31079.
  • The Resolution of the President dated 25.03.2020 and numbered 2301 on Re-determination of Special Consumption Tax Ratio and Amounts to be Applied to Certain Goods entered into force through publication in the Official Gazette dated 26.03.2020 and numbered 31080.
  • The Resolution of the President dated 29.03.2020 and numbered 2325 on the Amendment to the Resolution on Treasury Support Provided to Credit Guarantee Institutions entered into force through publication in the Official Gazette dated 30.03.2020 and numbered 31084.
  • The Resolution of the President dated 29.03.2020 and numbered 23256 on Reinsurance Support to be Committed by the State to the State Supported Commercial Receivable Insurance System entered into force through publication in the Official Gazette dated 30.03.2020 and numbered 31084 and became effective as of 01.04.2020.
  • The Resolution of the President dated 02.04.2020 and numbered 2350 on the Amendment to the Resolution on Providing Financial Support in Favorable Conditions by the KOSGEB for the Development and Support of Small and Medium Sized Industrial Enterprises entered into force through publication in the Official Gazette dated 03.04.2020 and numbered 31088.
  • The Resolution of the President dated 13.04.2020 and numbered 2404 on the Establishment and Operation of An Organized Industrial Zone Abroad and the Procedures and Principles Regarding Support within this Scope entered into force through publication in the Official Gazette dated 14.04.2020 and numbered 31099.
  • The Resolution of the President dated 17.04.2020 and numbered 2419 on the Procedures and Principles Regarding the Tenders to be Made by the Ministry of Treasury and Finance and General Directorate of the Mint and Stamp Print House under Paragraph (b) of Article 3 of Public Procurement Law No. 4734 entered into force through publication on the Official Gazette dated 18.04.2020 and numbered 31103.

Legislation

  • The Regulation on the Amendment to the Building Inspection Implementing Regulation entered into force through publication on the Official Gazette dated 21.03.2020 and numbered 31075.
  • The Communiqué on the Amendment to the Communiqué (No: 2020/1) on the Application of Supervision of Imports entered into force through publication in the Official Gazette dated 21.03.2020 and numbered 31075.
  • The Communiqué (No: 2020/3) on the Application of Supervision of Imports was published in the Official Gazette dated 24.03.2020 and numbered 31078. This Communiqué enters into force on the 45th day following its publication.
  • The Tax Procedure Law General Communiqué (Serial No: 518) entered into force through publication in the Official Gazette bis 1 dated 24.03.2020 and numbered 31078.
  • The Communiqué (No: 2020/4) on Practice Principles Regarding the Extension of Low Interest Investments and Business Loans for Agricultural Production by T.C. Ziraat Bankası A.Ş. and Agricultural Credit Cooperatives was published in the Official Gazette dated 25.03.2020 and numbered 31079. This Communiqué entered into force on its publication date and became effective as of 01.02.2020.
  • The Law numbered 7226 on the Amendment to Certain Laws was published in the Official Gazette bis 1 dated 26.03.2020 and numbered 31080. Articles of this Law shall enter into force on different dates.
  • The Regulation on the Amendment to the Regulation on Debit Cards and Credit Cards entered into force through publication in the Official Gazette dated 28.03.2020 and numbered 31082.
  • The Communiqué (No: 2020/10) on the Amendment to the Communiqué (No: 2016/8) on the Maximum Interest Rates to be Applied in Credit Card Transactions was published in the Official Gazette dated 28.03.2020 and numbered 31082. This Resolution entered into force on 01.04.2020.
  • The Communiqué (No: 2020/11) on the Amendment to the Communiqué (No: 2020/4) on the Procedures and Principles Regarding the Fees that may be Obtained from Commercial Customers by Banks was published in the Official Gazette dated 29.03.2020 and numbered 31083. This Communiqué enters into force on 01.04.2020.
  • The General Communiqué on National Real Estate (Serial No: 398) entered into force through publication in the Official Gazette dated 31.03.2020 and numbered 31085.
  • The Communiqué on the Amendment to the Communiqué on the Aids to be Provided by the Ministry of Culture and Tourism for the Projects of Local Administrations, Associations and Foundations entered into force through publication in Official Gazette dated04.2020 and numbered 31086.
  • The Regulation on the Amendment to the Customs Regulation was published in the Official Gazette dated 01.04.2020 and numbered 31086. Various provisions of this Regulation enter into force on different dates.
  • The Ministry of Trade Market Supervision Regulation entered into force through publication in the Official Gazette dated 01.04.2020 and numbered 31086.
  • The Presidential Circular on the Effect of the COVID-19 Outbreak on Public Procurement Contracts dated 01.04.2020 and numbered 2020/5 was published in the Official Gazette dated 02.04.2020 and numbered 31087.
  • The Communiqué on Import of Medical Diagnostic Kits (Import: 2020/19) entered into force through publication in the Official Gazette dated 02.04.2020 and numbered 31087.
  • The Communiqué on Administration of Quota and Tariff Quotas in Importations (No: 2020/4) entered into force through publication in the Official Gazette dated 03.04.2020 and numbered 31088.
  • The Regulation on the Amendment to the Regulation on the Qualifications of Tourism Facilities (No: 2360) entered into force through publication in the Official Gazette dated 04.04.2020 and numbered 31089.
  • The Communiqué (Serial No: 8) on the Amendment to the General Communiqué (Serial No: 1) on the Brief and Premium Service Declaration entered into force through publication in the Official Gazette dated 04.04.2020 and numbered 31089.
  • The Communiqué on the Amendment to the Social Security Institution Health Implementation Communiqué was published in the Official Gazette dated 04.04.2020 and dated 31089. This Communiqué entered into force on 01.04.2020.
  • The Presidential Circular on the Coordination of Foreign Trade Organizations dated 07.04.2020 and numbered 2020/6 was published in the Official Gazette dated 04.2020 and numbered 31093.
  • The Communiqué on the Amendment to the Social Security Institution Health Implementation Communiqué was published in the Official Gazette dated 04.2020 and numbered 31094. Various provisions entered into force on 01.04.2020, and others on their publication date.
  • The Regulation on the Amendment to the Regulation on the Consumer Arbitration Committees entered into force through publication in the Official Gazette dated 10.04.2020 numbered 31095.
  • The Regulation on Administration of Quota and Tariff Quotas in Imports (No: 2020/5) entered into force through publication in the Official Gazette dated 11.04.2020 numbered 31096.
  • The Communiqué on the Application of Supervision in Imports (No: 2020/5) was published in the Official Gazette dated 14.04.2020 and numbered 31099. This Communiqué enters into force on the 30th day following its publication.
  • The Law numbered 7242 on the Amendment to Certain Laws with the Law on the Execution of Criminal and Security Measures entered into force through publication on the Official Gazette dated 15.04.2020 and numbered 31100.
  • The Communiqué (No: 2020/11) on the Amendment to the Communiqué (No: 2019/49) on Payment of Support for Agricultural Extension and Advisory Services entered into force through publication in the Official Gazette dated 15.04.2020 and numbered 31100.
  • The Regulation on the Amendment to the Organized Industrial Zones Implementation Regulation entered into force through publication in the Official Gazette dated 16.04.2020 and numbered 31101.
  • The Law on Amendment to Certain Laws with Law numbered 7244 on Reducing the Impact of the New Coronavirus (Covid-19) Outbreak on Economic and Social Life was published in the Official Gazette dated 17.04.2020 and numbered. 31102. Various provisions of this Law enter into force on different dates.
  • The Ministry of Trade Disciplinary Supervisors Regulation entered into force through publication in the Official Gazette dated 17.04.2020 and numbered 31102.

Competition Board Decisions

  • The Competition Board (“Board”) granted negative clearance within the framework of Article 8 of Law numbered 4054 for the establishment of a joint venture between M. Voith SE & Co. KG and MOOG Gesellschaft mit Beschränkter Haftung. (9.4.2020, 20-19/259-125)
  • The Board granted individual exemption during the term of the contract to Brand License Agreement signed between BR Mağazacılık Tic. A.Ş. and Beymen Mağazacılık A.Ş., as all conditions under Article 5 of Law numbered 4054 have been satisfied. (16.4.2020, 20-20/271-130)
  • The Board granted individual exemption to the Exclusive Insurance Agency Agreement signed between Generali Sigorta A.Ş. and Sigortalar Burada Sigorta Acentelik Hizmetleri A.Ş., as all conditions under Article 5 of Law numbered 4054 have been satisfied. (16.4.2020, 20-20/265-126)

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of Tiryaki Agro Gıda Sanayi ve Ticaret A.Ş. by Tiryaki Holding A.Ş., as well as the establishment of the joint control over Sunrise Foods International Inc. by Anatolia B.V. and Hassad Food Company QPSC. (26.03.2020, 20-16/235-115)
  • The Board authorized the acquisition of the joint control of MMX Media Finance, LLC by ViacomCBS Inc. via Viacom Intemational Inc. (26.03.2020, 20-16/233-114)
  • The Board authorized the acquisition of the joint control of Astoria Project Partners LLC and Astoria Project Partners II LLC by APG Group NV, California State Teachers’ System, and Münchener Rückversicherungs-Gesellschaft. (26.03.2020, 20-16/227-111)
  • The Board authorized the establishment of a joint venture between Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft, in München, and Dr. Ing. h.c. F. Porsche Aktiengesellschaft, and its subsidiary, MHP Management -und IT-Beratung GmbH. (26.03.2020, 20-16/226-110)
  • The Board authorized the acquisition of the sole control of Renk AG by Triton Fund V via Rebecca BidCo GmbH. (26.03.2020, 20-16/221-109)
  • The Board authorized the acquisition of the sole control of Asiana Airlines Inc. by HDC Hyundai Development Company. (26.03.2020, 20-16/220-108)
  • The Board authorized the acquisition of the joint control of Engineering Igneria Informatica S.P.A by Bain Capital Investors L.L.C. and Neuberger Berman L.L.C. (2.4.2020, 20-18/249-119)
  • The Board authorized the acquisition of the joint control of Akdeniz Pe-tur Turizm Seyahat Acentası ve Ticaret A.Ş. by AERTICKET International Conso Holding GmbH via AER Picasso Holdings LLC. (2.4.2020, 20-18/243-116)
  • The Board authorized the acquisition of the sole control of South32 SA Coal Holdings Proprietary Limited by Seriti Resources Holdings Proprietary Limited via Thabong Coal Proprietary Limited. (9.4.2020, 20-19/257-124)
  • The Board authorized the acquisition of the sole control of Özen Kişisel Bakım Ürünleri Üretim A.Ş. by Daio Paper Corporation. (9.4.2020, 20-19/253-122)
  • The Board authorized the establishment of joint control of PolygenX 2 SAS and its subsidiaries by ArchiMed SAS and Warburg Pincus LLC, through acquisition of the said companies via Pinot Acquisitions Limited. (9.4.2020, 20-19/252-121)
  • The Board authorized the acquisition of the sole control of Stemcor Global Holdings Limited by Prosperity Kingsfield Limited, which is the subsidiary of Cedar Holdings Group Co. Ltd. (9.4.2020, 20-19/251-120)
  • The Board decided that acquisition of certain shares of Atmosfer Balonculuk Ticaret Turizm A.Ş. by H.I.S. Co., Ltd. is not subject to authorization. (16.4.2020, 20-20/275-BD)
  • The Board authorized the acquisition of commercial enterprises, various tangible and intangible assets of Stoll Grup and shares of group companies Stoll America Knitting Machinery Inc., Stoll Italia S.r.l., Stoll India Pvt. Ltd. and Stoll Bangl. Ltd by Karl Mayer Grup. (16.4.2020, 20-20/268-129)

Energy

  • The January 2020 Monthly Sector Reports were published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 31.03.2020.
  • The Announcement on Associate and License Obligations and Unlicensed Connection Agreement Periods was published on the official website of the EMRA on 04.2020.

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Decision dated 27.06.2022 and numbered 5751 on the Ratification of the Fund Grant Agreement signed between Republic of Turkey Ministry of Labor and Social Security and International Bank for Reconstruction and Development, on 05.05.2022...

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The Resolution of the President dated 23.05.2022 and numbered 5596 on the Ratification of the Economic and Financial Cooperation Agreement between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus was published in the Official Gazette dated...

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The Resolution of the President dated 23.04.2022 and numbered 5520 on the Approval of the Agreement between the Government of the Republic of Turkey and the Government of the Republic of Cote D’Ivoire Concerning the Reciprocal Promotion and Protection of Investments...

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A Recent Constitutional Court Decision on the Failure to Use Expropriated Immovables for Expropriation Purposes
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A Recent Constitutional Court Decision on the Failure to Use Expropriated Immovables for Expropriation Purposes

In a decision dated 29.09.2021 with application number 2018/357 (“Decision”), the Constitutional Court decided by a large majority that the applicant's right to property was violated due to the fact that the immovables expropriated for the purpose of mass housing construction...

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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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Approach to Trust Law from a Civil Law Perspective
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Operation of Economic Enterprises by Foundations
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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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Industry 4.0 and Its Impact in the Legal World
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Turkish Wealth Fund
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Turkish Wealth Fund
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