Recent Keynotes of February 2024

29.02.2024 Elvan Galatalı
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International Agreements

  • The Resolution of the President dated 23.01.2024 and numbered 8123 on the Approval of the Amendment Protocol signed by the Exchange of Letters dated 6/12/2023 and 20/12/2023 between the Government of the Republic of Türkiye and the European Commission on the Amendment to the Financing Agreement for IPARD II Assistance for Agriculture and Rural Development 2014-2020 under the Instrument for Pre-Accession Assistance IPA II was published in the Official Gazette dated 24.01.2024 and numbered 32439.
  • The Resolution of the President dated 23.01.2024 and numbered 8124 on the Approval of Addendum No. 2 to the Financing Agreement for the 2015 Country Action Program for Türkiye, Signed in Ankara on 20 December 2023 on behalf of the Republic of Türkiye was published in the Official Gazette dated 24.01.2024 and numbered 32439.
  • 7492 Law on the Approval of the Ratification of the Protocol on the Accession of the Kingdom of Sweden to the North Atlantic Treaty entered into force through publication in the Official Gazette dated 25.01.2024 and bis numbered 32440.
  • The Resolution of the President dated 25.01.2024 and numbered 8141 on the Ratification of the Protocol on the Accession of the Kingdom of Sweden to the North Atlantic Treaty was published in the Official Gazette dated 26.01.2024 and numbered 32441.
  • 7493 The Law on the Approval of the Ratification of the Additional Protocol No. 1 to the Free Trade Agreement between the Government of the Republic of Türkiye and the Government of Malaysia entered into force through publication in the Official Gazette dated 03.02.2024 and numbered 32449.
  • 7494 The Law on the Approval of the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Korea for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance and its Additional Protocol entered into force through publication in the Official Gazette dated 03.02.2024 and numbered 32449.
  • The Resolution of the President dated 12.02.2024 and numbered 8175 on the Approval of Addendum No. 3 to the Financing Agreement for the 2014 Country Action Program for Türkiye Signed on 20 December 2023 to be Effective from the Signature Date was published in the Official Gazette dated 13.02.2024 and numbered 32459.
  • The Resolution of the President dated 12.02.2024 and numbered 8176 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 Republic of Togo, Togo National Financial Information Processing Unit (CENTIF-TOGO) on Cooperation in the Exchange of Financial Intelligence on Money Laundering, Related Prior Crimes and Terrorism Financing was published in the Official Gazette dated 13.02.2024 and numbered 32459.

Resolutions of the President

  • The Resolution of the President dated 02.02.2024 and numbered 8145 on the Determination of the Effective Dates of Certain Agreements was published in the Official Gazette dated 03.02.2024 and numbered 32449.
  • The Resolution of the President dated 02.02.2024 and numbered 8146 on Updating the Information of an Organization in the List No. Annex I of the Presidential Decree dated 24/2/2021 and numbered 3578 on the Implementation of the United Nations Security Council Resolution No. 1718 (2006) and Subsequent Resolutions and Resolution No. 2231 (2015) was published in the Official Gazette dated 03.02.2024 and numbered 32449.
  • The Resolution of the President dated 12.02.2024 and numbered 8184 on the Amendment to the Import Regime Decree was published in the Official Gazette dated 13.02.2024 and numbered 32459.

Legislation

  • The Regulation Amending the Regulation on Labor Sectors entered into force through publication in the Official Gazette dated 23.01.2024 and numbered 32438.
  • The Regulation Amending the Regulation on the Procedures and Principles Regarding the Acceptance and Withdrawal of Deposits and Participation Funds, and the Procedures and Principles Regarding Time-Lapsed Deposits, Participation Funds, Trusts and Receivables entered into force through publication in the Official Gazette dated 23.01.2024 and numbered 32438.
  • The Communiqué on Updating the Monetary Limits for the Announcements of the Sales to be Made Pursuant to the Execution and Bankruptcy Law was published in the Official Gazette dated 23.01.2024 and numbered 32438. This Communiqué enters into force on 01.02.2024.
  • The Communiqué Amending the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2022/1) entered into force through publication in the Official Gazette dated 23.01.2024 and numbered 32438.
  • Public Procurement Communiqué (No: 2024/1) was published in the Official Gazette dated 24.01.2024 and numbered 32439. This Communiqué enters into force on 01.02.2024.
  • The Regulation Amending the Regulation on the Regulation of Activities Regarding the Leasing of Houses for Tourism Purposes entered into force through publication in the Official Gazette dated 26.01.2024 and numbered 32441.
  • The Regulation Amending the Regulation on the Attorneyship Law of the Union of Turkish Bar Associations entered into force through publication in the Official Gazette dated 26.01.2024 and numbered 32441.
  • The Communiqué on the Revaluation of 2024 Administrative Fines of the Halal Accreditation Authority entered into force through publication in the Official Gazette dated 26.01.2024 and numbered 32441.
  • The General Communiqué on Stamp Duty Law (Serial No: 69) was published in the Official Gazette dated 27.01.2024 and numbered 32442. This Communiqué enters into force on the date of its publication, effective as of 28.12.2023.
  • The Communiqué (No: 2024/1) Amending the Communiqué (No: 2010/2) on the Printing Method of Checkbooks and Determination of the Amount That Banks Are Obliged to Pay to The Bearer was published in the Official Gazette dated 27.01.2024 and numbered 32442. This Communiqué enters into force on 31.01.2024.
  • The Communiqué on Redetermination of Minimum Equity Amounts of Payment and Electronic Money Institutions was published in the Official Gazette dated 27.01.2024 and numbered 32442. This Communiqué enters into force on 30.06.2024.
  • The Regulation Amending the Regulation on Cyber Security Competency Model in the Energy Sector entered into force through publication in the Official Gazette dated 28.01.2024 and numbered 32443.
  • The Communiqué (No: 2024/2) Amending the Communiqué on Reserve Requirements (No: 2013/15) was published in the Official Gazette dated 30.01.2024 and numbered 32445. This Communiqué enters into force on the date of its publication, effective as of 19.01.2024.
  • The Regulation Amending the Turkish Food Codex Regulation entered into force through publication in the Official Gazette dated 31.01.2024 and numbered 32446.
  • The General Communiqué on Tax Procedure Law (Sequence No: 559) entered into force through publication in the Official Gazette dated 02.02.2024 and numbered 32448.
  • The Communiqué on Safeguard Measures in Imports (No: 2024/3) entered into force through publication in the Official Gazette dated 03.02.2024 and numbered 32449.
  • The Regulation Amending the Regulation on Health and Safety Conditions in the Use of Work Equipment entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Regulation Amending the Regulation on the Duties, Authorities, Responsibilities and Training of Occupational Safety Experts entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Regulation Amending the Regulation on Occupational Hygiene Measurement, Testing and Analysis entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Regulation Amending the Regulation on Occupational Health and Safety Services entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Regulation Amending the Regulation on the Duties, Authorities, Responsibilities and Training of Occupational Physicians and Other Health Personnel entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Regulation Amending the Regulation on Occupational Health and Safety Services to be Provided by the Employer or Employer’s Representative in Workplaces entered into force through publication in the Official Gazette dated 04.02.2024 and numbered 32450.
  • The Communiqué Amending the Communiqué on Supporting Conversion from Gold Accounts to Turkish Lira Deposit and Participation Accounts (No: 2021/14) (No: 2024/3) entered into force through publication in the Official Gazette dated 05.02.2024 and numbered 32451.
  • The Communiqué Amending the Communiqué on Supporting the Conversion from Gold Accounts to Turkish Lira Deposit and Participation Accounts (Number: 2021/16) (Number: 2024/4) entered into force through publication in the Official Gazette dated 05.02.2024 and numbered 32451.
  • The Communiqué on the Procedures and Principles for Determining the Compliance of Macarons with Technical Regulations (No: 2023/60) was published in the Official Gazette dated 07.02.2024 and numbered 32453. This Communiqué enters into force on the date of its publication, effective from 01.01.2024.
  • The Communiqué Amending the Communiqué on the Import of Road Vehicles (Import: 2024/7) entered into force through publication in the Official Gazette dated 07.02.2024 and numbered 32453.
  • The Regulation Amending the Regulation on the Procedures and Principles Regarding the Authorization Process of Bond Issues to be Made in Domestic Markets by Local Administrations under General Government and Their Affiliated Organizations and Economic Enterprises entered into force through publication in the Official Gazette dated 10.02.2024 and numbered 32456.
  • The Communiqué Amending the Value Added Tax General Implementation Communiqué (Serial No: 50) was published in the Official Gazette dated 10.02.2024 and numbered 32456. The provisions of this Communiqué enter into force on different dates.
  • Railway Operation Authorization Regulation entered into force through publication in the Official Gazette dated 16.02.2024 and numbered 32462.
  • The Communiqué Amending the General Communiqué on Stamp Duty and Fee Exemption in Exports and Other Foreign Exchange Earning Activities (Serial No: 1) was published in the Official Gazette dated 16.02.2024 and numbered 32462. This Communiqué enters into force on the date of its publication, effective as of 28.12.2023.
  • The Communiqué (Export: 2024/1) Amending the Communiqué on Exports, Transit Trade, Sales and Deliveries Considered as Export and Exemption of Taxes, Duties and Fees in Foreign Currency Earning Services and Activities (Export: 2017/4) entered into force through publication in the Official Gazette dated 16.02.2024 and numbered 32462.
  • The Communiqué Amending the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2017/1) entered into force through publication in the Official Gazette dated 16.02.2024 and numbered 32462.
  • The Communiqué Amending the Communiqué on Principles Regarding Licensing and Registry for Those Active in Capital Markets (VII-128.7) (VII-128.7.f) entered into force through publication in the Official Gazette dated 20.02.2024 and numbered 32466.

Competition Board Decisions

  • The Competition Board (“Board”) decided that the Authorized Service Agreement signed between Mercedes-Benz Türk AŞ and Gelecek Otomotiv Sanayi ve Ticaret AŞ, which is a uniform agreement, benefits from group exemption within the scope of the Group Exemption Communiqué on Vertical Agreements in the Motor Vehicles Sector numbered 2017/3. (15.02.2024, 24-08/142-58)

Mergers and Acquisitions

  • The Board authorized the acquisition of the ownership and full control of the movable assets of Yeşilyurt Enerji Elektrik Üretim AŞ’s natural gas combined cycle power plant facility in Türkiye by Aksa Enerji Talimarjan FE LCC, an indirect subsidiary and group company of Aksa Enerji Üretim AŞ. (24.01.2024, 24-06/91-39)
  • The Board decided that the acquisition of all shares of NHL Sağlık Lojistiği Hizmetleri AŞ by Netlog Lojistik Hizmetleri AŞ is not subject to authorization. (08.02.2024, 24-07/119-BD)
  • The Board authorized the acquisition of sole control of Vector Yatırım Holding AŞ and its subsidiary Tam Finans Faktoring AŞ by MNT Investments B.V. (08.02.2024, 24-07/130-53)
  • The Board authorized the acquisition of a certain percentage of shares and control of Tat Gıda Sanayi AŞ by Memişoğlu Tarım Ürünleri Ticaret Ltd. Şti. (08.02.2024, 24-07/128-52)
  • The Board authorized the acquisition of the shares and joint control of Inavitas Enerji AŞ by Alper TERCİYANLI and Alfasolar Teknoloji Yatırımları AŞ. (08.02.2024, 24-07/115-48)
  • The Board authorized the acquisition of the joint control of InterContinental Energy Holdings Group Limited by Clean H2 Infra Fund S.L.P. and Buckland Investment Pte. Ltd. (08.02.2024, 24-07/114-47)
  • The Board authorized the acquisition of indirect common control of Adapt2 Solutions, Inc. by funds advised and/or managed by affiliates of Blackstone Inc. and VISTA Equity Partners Management, LLC through Adelaide Borrower, LLC. (08.02.2024, 24-07/110-45)
  • The Board authorized the acquisition of sole control of Splunk Inc. by CISCO Systems, Inc. (08.02.2024, 24-07/109-44)
  • The Board authorized the acquisition of sole control of Oktrade Kimya Sanayi ve Ticaret Anonim Şirketi by Azelis TR Kimya Endüstrisi Ürünleri İthalat İhracat Ticaret ve Sanayi Anonim Şirketi. (08.02.2024, 24-07/100-42)
  • The Board decided that OYAK Birleşik Enerji AŞ’s acquisition of a certain percentage of shares of Samaş Sanayi Madenleri AŞ and Samaş Sanayi Madenleri AŞ’s acquisition of Karben Bentonit Endüstriyel Madencilik Kimya AR-GE Nano Teknolojileri Sanayi ve Ticaret AŞ’s Karben brand and Karben Customer Agreements on bentonite sales signed with its customers are not subject to authorization. (15.02.2024, 24-08/146-BD)
  • The Board authorized the establishment of a joint venture by Heinemann Africa GmbH, Jordanian Duty-Free Shops Company and Arab Supply & Trading Co. (15.02.2024, 24-08/144-60)
  • The Board authorized the acquisition of sole control of UserWay Ltd. by KKR & Co. Inc. indirectly through Access Group Purchaser. (15.02.2024, 24-08/143-59)
  • The Board authorized the establishment of a joint venture company to operate in tire production and sales by Public Investment Fund and Pirelli Tyre S.p.A. (15.02.2024, 24-08/141-57)
  • The Board authorized the acquisition of a certain percentage of shares and sole control of Gama Recycle Sürdürülebilir Teknolojiler AŞ by Öncü Girişim Sermayesi Yatırım Ortaklığı AŞ. (15.02.2024, 24-08/135-55)
  • The Board authorized the inclusion of Terna Forward S.r.l.in the joint control of Wesii S.r.l. under the joint control of Mauro MIGLIAZZZI and Dxt Commodities S.A. (15.02.2024, 24-08/134-54)

Energy

  • The decision of the Energy Market Regulatory Authority (“EMRA”) dated 18.01.2024 and numbered 12357 was published in the Official Gazette dated 24.01.2024 and numbered 32439.
  • EMRA’s decisions dated 25.01.2024 and numbered 12386, 12387, 12388, 12389, 12390, 12391, 12392 and 12393 were published in the Official Gazette dated 27.01.2024 and numbered 32442.
  • EMRA’s decision dated 01.02.2024 and numbered 12404 was published in the Official Gazette dated 02.02.2024 and numbered 32448.
  • EMRA’s decisions dated 08.02.2024 and numbered 12420, 12421 and 12422 were published in the Official Gazette dated 10.02.2024 and numbered 32456.
  • EMRA’s decisions dated 15.02.2024 and numbered 12433-1, 12433-2 and 12437 were published in the Official Gazette dated 17.02.2024 and numbered 32463.

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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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