Recent Keynotes of August 2023

31.08.2023 Tunahan Sefa Aydın
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International Agreements

  • The Resolution of the President dated 21.07.2023 and numbered 7393 on the Approval of the Memorandum of Understanding between the Government of the Republic of Türkiye and the Government of the People’s Democratic Republic of Algeria on Cooperation in the Field of Mining was published in the Official Gazette dated 22.07.2023 and numbered 32256.
  • The Resolution of the President dated 22.07.2023 and numbered 7396 on the Approval of the Memorandum of Understanding between the Government of the Republic of Türkiye and the Government of the People’s Democratic Republic of Algeria in the Field of Small Enterprises was published in the Official Gazette dated 22.07.2023 and numbered 32256.
  • The Resolution of the President dated 03.08.2023 and numbered 7466 on the Approval of the Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Azerbaijan on Cooperation in the Field of Mining was published in the Official Gazette dated 04.08.2023 and numbered 32269.
  • The Resolution of the President dated 17.08.2023 and numbered 7507 on the Enforcement of the Memorandum of Understanding between the Republic of Türkiye, Ministry of Treasury and Finance, Financial Crimes Investigation Board Presidency (MASAK) and the Palestinian Financial Follow-Up Unit (FFU) on Cooperation in the Exchange of Financial Intelligence on Money Laundering, Related Prior Crimes and Financing of Terrorism was published in the Official Gazette dated 18.08.2023 and numbered 32283.

Resolutions of the President

  • The Resolution of the President dated 21.07.2023 and numbered 7397 on the Amendment to the Resolution Annexed to the Resolution of the President dated 21.02.2023 and numbered 6816 on the Postponement of the Credit Debts of Agricultural Producers in Certain Provinces Damaged by the Earthquakes Dated 06.02.2023 within the Scope of the Decisions on Low Interest Loan Utilization by Ziraat Bankası A.Ş. and Agricultural Credit Cooperatives was published in the Official Gazette dated 22.07.2023 and numbered 32256. This Resolution enters into force on the date of its publication, effective as of 06.02.2023.
  • The Resolution of the President dated 21.07.2023 and numbered 7398 on the Amendment to the Resolution on Providing Support to Underground Mining Enterprises in order to Cover Cost Increases was published in the Official Gazette dated 22.07.2023 and numbered 32256. This Resolution enters into force on the date of its publication, effective as of 01.01.2023.
  • The Resolution of the President dated 22.07.2023 and numbered 7399 on the Amendment to the Resolution on the Pricing of Medicinal Products for Human Use was published in the Official Gazette dated 23.07.2023 and numbered 32257. This Resolution enters into force on 24.07.2023.
  • The Resolution of the President dated 26.07.2023 and numbered 7403 on the Amendment to the Resolution on Import Regime entered into force through publication in the Official Gazette dated 27.07.2023 and numbered 32261.
  • The Resolution of the President dated 26.07.2023 and numbered 7404 on the Amendment to the Resolution on the Application of Additional Customs Duty on Imports was published in the Official Gazette dated 27.07.2023 and numbered 32261.
  • The Resolution of the President dated 28.07.2023 and numbered 7408 on the Application of the Exemption in the Fourth Paragraph of the Provisional Article 14 of the Corporate Tax Law numbered 5520 Also Regarding the Foreign Currencies in the Balance Sheets of the Corporations dated 30.06.2023 was published in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Resolution of the President dated 28.07.2023 and numbered 7409 on the Increase in the Rate of Unemployment Insurance Fund Revenues to be Used for the Purposes Specified in the Seventh Paragraph of Article 48 of the Unemployment Insurance Law numbered 4447 entered into force through publication in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Resolution of the President dated 01.08.2023 and numbered 7449 on the Determination of the Recycling Participation Fee Amounts to be Collected from Certain Products to be Effective as of 01.08.2023 was published in the Official Gazette dated 02.08.2023 and numbered 32267.
  • The Resolution of the President dated 01.08.2023 and numbered 7450 on the Determination of Sugar Quotas for the 2023/2024 Marketing Year was published in the Official Gazette dated 02.08.2023 and numbered 32267. This Resolution enters into force on the date of its publication, effective for the 2023/2024 Marketing Year.
  • The Resolution of the President dated 07.08.2023 and numbered 7480 on the Application of Additional Financial Obligation on the Import of Certain Products was published in the Official Gazette dated 08.08.2023 and numbered 32273. This Resolution enters into force on the 3rd day following the date of its publication.

Legislation

  • The Communiqué (No: 2023/17) on the Amendment to the Communiqué on Reserve Requirements (No: 2013/15) entered into force through publication in the Official Gazette dated 21.07.2023 and numbered 32255.
  • The Communiqué (Serial No: 82) on the Amendment to the General Communiqué (Serial No: 80) (Monetary Limits and Ratios) of the General Directorate of Accounting was published in the Official Gazette dated 22.07.2023 and numbered 32256. This Communiqué enters into force on the date of its publication, effective as of 01.08.2023.
  • The Regulation on the Determination of the Preferential Origin of Goods in Trade within the Framework of the Comprehensive Economic Partnership Agreement between the Republic of Türkiye and the United Arab Emirates was published in the Official Gazette dated 23.07.2023 and numbered 32257. This Regulation enters into force on 01.09.2023.
  • The Communiqué on the Amendment to the Communiqué on Securities Maintenance (No: 2023/18) was published in the Official Gazette dated 25.07.2023 and numbered 32259. This Communiqué enters into force on 01.09.2023.
  • The Communiqué (No: 2023/19) on the Amendment to the Communiqué (No: 2020/16) on Maximum Interest Rates Applicable to Credit Card Transactions entered into force through publication in the Official Gazette dated 25.07.2023 and numbered 32259.
  • The Law numbered 7457 on the Amendment to the Central Government Budget Law for 2023 and to the Related Schedules entered into force through publication in the Official Gazette dated 27.07.2023 and numbered 32261.
  • The Regulation on the Amendment to the Regulation on Geographical Data Permissions was published in the Official Gazette dated 28.07.2023 and numbered 32262. This Regulation enters into force on the date of its publication, effective as of 31.03.2023.
  • The Regulation on the Amendment to the Regulation on the Certification of Basic Accommodation Facilities and Beach Establishments entered into force through publication in the Official Gazette dated 28.07.2023 and numbered 32262.
  • The Regulation on the Amendment to the Regulation on Charging Services entered into force through publication in the Official Gazette dated 28.07.2023 and numbered 32262.
  • The General Communiqué (Serial No: 1) on Additional Motor Vehicles Tax introduced by Article 1 of the Law numbered 7456 was published in the Official Gazette dated 28.07.2023 and numbered 32262.
  • The Regulation on Promotion and Information Activities in Health Services entered into force through publication in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Regulation on the Amendment to the Regulation on Electricity Market Connection and System Utilization entered into force through publication in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Regulation on the Amendment to the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Regulation on the Amendment to the General Regulation on the Establishment and Operating Principles of Central Clearing and Settlement Institutions entered into force through publication in the Official Gazette dated 29.07.2023 and numbered 32263.
  • The Regulation on Market Surveillance and Inspection of the Ministry of Transport and Infrastructure entered into force through publication in the Official Gazette dated 05.08.2023 and numbered 32270.
  • The General Communiqué on Collection (Series: B Sequence No: 19) entered into force through publication in the Official Gazette dated 05.08.2023 and numbered 32270.
  • The Regulation on the Amendment to the Regulation on Charging Services entered into force through publication in the Official Gazette dated 09.08.2023 and numbered 32274.
  • The General Communiqué on the Law numbered 7440 on the Restructuring of Certain Receivables (Serial No: 4) entered into force through publication in the Official Gazette dated 09.08.2023 and numbered 32274.
  • The Regulation on Inspection and On-Site Investigations on Nuclear Energy and Ionizing Radiation entered into force through publication in the Official Gazette dated 11.08.2023 and numbered 32276.
  • The Communiqué on the Concordat Expense Advance Tariff entered into force through publication in the Official Gazette dated 11.08.2023 and numbered 32276.
  • The Communiqué on the Amendment to the Communiqué on Classification of Workplaces on Dangers Regarding Occupational Health and Safety entered into force through publication in the Official Gazette dated 11.08.2023 and numbered 32276.
  • The Communiqué (Serial No: 24) on the Amendment to the General Communiqué (Serial No: 19) on the Financial Crimes Investigation Board entered into force through publication in the Official Gazette dated 11.08.2023 and numbered 32276.
  • The Regulation on the Amendment to the Regulation on Parking entered into force through publication in the Official Gazette dated 12.08.2023 and numbered 32277.
  • The Regulation on the Amendment to the Regulation on Planned Areas Zoning entered into force through publication in the Official Gazette dated 12.08.2023 and numbered 32277.
  • The Regulation on Technical Regulations in Foreign Trade entered into force through publication in the Official Gazette dated 16.08.2023 and numbered 32281.
  • The Regulation on the Amendment to the Regulation on Renewable Energy Resource Guarantee Certificate in the Electricity Market was published in the Official Gazette dated 17.08.2023 and numbered 32282. This Regulation enters into force on 15.12.2023.
  • The Regulation on the Amendment to the Regulation on Charging Services entered into force through publication in the Official Gazette dated 17.08.2023 and numbered 32282.
  • The Regulation on the Amendment to the Regulation on Sale, Advertising and Promotion of Medical Devices was published in the Official Gazette dated 17.08.2023 and numbered 32282. The provisions of this Regulation enter into force on different dates.
  • The Regulation on the Amendment to the Regulation on Pharmacists and Pharmacies entered into force through publication in the Official Gazette dated 18.08.2023 and numbered 32283.
  • The Regulation on the Amendment to the Regulation on Custom-made Prosthetic and Orthotic Centers and Hearing Aid Centers entered into force through publication in the Official Gazette dated 18.08.2023 and numbered 32283.
  • The Regulation on the Amendment to the Regulation on Opticianry Enterprises entered into force through publication in the Official Gazette dated 18.08.2023 and numbered 32283.
  • The Regulation on Measures Regarding Natural Gas Market Distribution Licenses entered into force through publication in the Official Gazette dated 19.08.2023 and numbered 32284.
  • The Communiqué on the Amendment to the Communiqué on Securities Maintenance (No: 2023/20) was published in the Official Gazette dated 20.08.2023 and numbered 32285. The provisions of this Communiqué enter into force on different dates.
  • The Communiqué (No: 2023/21) on the Amendment to the Communiqué on Reserve Requirements (No: 2013/15) was published in the Official Gazette dated 20.08.2023 and numbered 32285. This Communiqué enters into force on the date of its publication, effective as of 18.08.2023.
  • The Communiqué (No: 2023/22) on the Amendment to the Communiqué on Supporting Conversion to Turkish Lira Deposit and Participation Accounts (No: 2021/14) entered into force through publication in the Official Gazette dated 20.08.2023 and numbered 32285.
  • The Communiqué (No: 2023/23) on the Amendment to the Communiqué on Supporting Conversion from Gold Accounts to Turkish Lira Deposit and Participation Accounts (No: 2021/16) entered into force through publication in the Official Gazette dated 20.08.2023 and numbered 32285.

Competition Board Decisions

  • The Competition Board (“Board”) decided to grant individual exemption to the Life Insurance Agency Agreement and the Non-Life Insurance Agency Agreement for the duration of the contract, as they meet all of the conditions listed in Article 5 of the Law numbered 4054 on the Protection of Competition. (10.08.2023, 23-37/686-237)

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of Murat Ticaret Kablo Sanayi A.Ş. and its subsidiaries and Kablo Ucu San. ve Tic. A.Ş. and Battery Head San. ve Tic. Ltd. Şti. by Volex Plc. (03.08.2023, 23-36/677-232)
  • The Board authorized the acquisition of the sole control of Viessmann Climate Solutions SE and its subsidiaries indirectly by Carrier Global Corporation. (03.08.2023, 23-36/678-233)
  • The Board authorized the acquisition of the joint control of Simularge Bilişim ve Mühendislik Teknolojileri A.Ş. and Simularge Inc. by Kalkınma Girişim Sermayesi Portföy Yönetimi A.Ş. Innovative and Advanced Technologies Participation Venture Capital Investment Fund. (03.08.2023, 23-36/673-229)
  • The Board authorized the acquisition of the joint control of Hamurlabs Elektronik Hizmetler Yazılım ve Ticaret A.Ş. by Topkapı Danışmanlık Elektronik Hizmetler Pazarlama ve Ticaret A.Ş. (03.08.2023, 23-36/672-228)
  • The Board authorized the establishment of a joint venture by Mitsui Chemicals, Inc. and Asahi Kasei Corporation on the non-woven fabric business branches of Mitsui Chemicals, Inc. and Asahi Kasei Corporation. (03.08.2023, 23-36/666-225)
  • The Board authorized the acquisition of the sole negative control of Türk Ytong Sanayi A.Ş. by Transpet Petrolcülük ve Enerji A.Ş. (03.08.2023, 23-36/664-224)
  • The Board authorized the acquisition of the sole control of BankPozitif Kredi ve Kalkınma Bankası A.Ş. and its subsidiary C Bilişim Teknolojileri ve Telekomünikasyon Hizmetleri A.Ş. by Pay Fix Elektronik Para ve Ödeme Hizmetleri A.Ş. (03.08.2023, 23-36/663-223)
  • The Board authorized the establishment of the joint control by Celanese Corporation (indirectly through its wholly owned subsidiary Celanese US Holdings LLC) and Mitsui & Co. Ltd. on the Food Ingredients Business Unit of Celanese Corporation. (03.08.2023, 23-36/660-221)
  • The Board decided that the acquisition of the sole control of Milpa Ticari ve Sınai Ürünler Pazarlama Sanayi ve Ticaret A.Ş. by Re-Pie Portföy Yönetimi A.Ş. Secondary Venture Capital Investment Fund established by Re-Pie Portföy Yönetimi A.Ş. is not subject to authorization. (10.08.2023, 23-37/702-BD)
  • The Board authorized the acquisition of the joint control of Syneos Health Inc. by Veritas Capital Fund Management L.L.C., Elliott Investment Management L.P. and Patient Square Capital Holdings LLC. (10.08.2023, 23-37/707-244)
  • The Board authorized the acquisition of sole control of Ellab A/S by Novo Holdings A/S. (10.08.2023, 23-37/698-242)
  • The Board authorized the acquisition of the joint control of Rönesans Enerji Üretim ve Ticaret A.Ş. by TotalEnergies SE through TotalEnergies Renewables. (10.08.2023, 23-37/695-241)
  • The Board authorized the acquisition of the joint control of Mikro Yazılımevi Yazılım Hizmetleri Bilgisayar Sanayi ve Ticaret A.Ş. by Team System S.p.A. (10.08.2023, 23-37/694-240)
  • The Board authorized the acquisition of the sole control of Toon Boom Animation Inc. by TPG, Inc. through Integrated Media Company, LLC. (10.08.2023, 23-37/693-239)

Energy

  • The decision of the Energy Market Regulatory Authority (“EMRA”) dated 20.07.2023 and numbered 11960 was published in the Official Gazette dated 25.07.2023 and numbered 32259.
  • The decision of EMRA dated 10.08.2023 and numbered 12014 was published in the Official Gazette dated 12.08.2023 and numbered 32277.
  • The decision of EMRA dated 10.08.2023 and numbered 12006 was published in the Official Gazette dated 17.08.2023 and numbered 32282.
  • The decision of EMRA dated 17.08.2023 and numbered 12031 was published in the Official Gazette dated 18.08.2023 and numbered 32283.

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The Resolution of the President dated 20.07.2022 and numbered 5801 on the Determination of the Default Interest Rate under the First Paragraph of Article 51 of the Law numbered 6183 on the Collection Procedure of Public Receivables as 2.5% to be Applied Separately for Each Month, was published...

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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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