Recent Keynotes of March 2024

31.03.2024 Doğukan Kalınoğlu
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International Agreements

  • The Law numbered 7497 on the Approval of the Ratification of the Protocol Amending the “Preferential Trade Agreement” between the Government of the Republic of Türkiye and the Government of the Republic of Azerbaijan entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Law numbered 7498 on the Approval of the Ratification of the Trade and Economic Partnership Agreement between the Government of the Republic of Türkiye and the Government of the State of Qatar with Notes entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Resolution of the President dated 29.02.2024 and numbered 8215 on the Approval of the Authorization Agreement for the Implementation of Commission Implementing Decision No. C(2023) 7975 of 17 November 2023 on the Financial Contribution from the European Union Solidarity Fund to Finance Emergency and Recovery Operations Following the Earthquakes in Türkiye in February 2023 entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.

Resolutions of the President

  • The Resolution of the President dated 22.02.2024 and numbered 8189 on Granting Aid for Construction within the Scope of Urban Transformation Applications to be Conducted in Istanbul entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • The Resolution of the President dated 22.02.2024 and numbered 8190 on the Amendment to the Decree on the Pricing of Medicinal Products for Human Use entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • The Resolution of the President dated 22.02.2024 and numbered 8191 on the Amendment to the Decree on Export Supports entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • The Resolution of the President dated 22.02.2024 and numbered 8194 on Supporting the Efficient Use of Agricultural Land entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • The Resolution of the President dated 11.03.2024 and numbered 8240 on the Determination of Transfer Allowances to be Allocated to Development Agencies in 2024 entered into force through publication in the Official Gazette dated 12.03.2024 and numbered 32487.

Legislation

  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2024/8) entered into force through publication in the Official Gazette dated 20.02.2024 and numbered 32466.
  • The Communiqué on the Amendment to the Communiqué on Principles Regarding Licensing and Registry for Those Active in the 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.
  • The Regulation on the Amendment to the Regulation on the Determination of the Preferential Origin of Goods in Trade within the Scope of the Decision of the Türkiye-United Kingdom Joint Committee dated 15/3/2021 and numbered 2/2021 Amending the Protocol of Origin Annexed to the Free Trade Agreement between the Republic of Türkiye and the United Kingdom of Great Britain and Northern Ireland entered into force through publication in the Official Gazette dated 21.02.2024 and numbered 32467.
  • The Regulation Amending the General Government Accounting Regulation entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • The Regulation Amending the Central Government Accounting Regulation entered into force through publication in the Official Gazette dated 23.02.2024 and numbered 32469.
  • Electricity Generation Joint Stock Company General Directorate Material-Vehicle-Working Machinery Evaluation and Sales Regulation entered into force through publication in the Official Gazette dated 24.02.2024 and numbered 32470.
  • The Communiqué (No: 2024-32/69) Amending the Communiqué (Communiqué No: 2008-32/34) on the Decree No: 32 on the Protection of the Value of the Turkish Currency entered into force through publication in the Official Gazette dated 28.02.2024 and numbered 32474.
  • The Presidential Circular No. 2024/3 on the Management of the Financial Contribution from the European Union Solidarity Fund entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Communiqué (Product Safety and Inspection: 2024/32) on the Amendment to the Communiqué on Conformity to Standards in Imports (Product Safety and Inspection: 2024/1) entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Communiqué (Product Safety and Inspection: 2024/33) on the Amendment to the Communiqué on Import Inspection of Certain Products Requiring “CE” Marking (Product Safety and Inspection: 2024/9) entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Communiqué Amending the Communiqué on Principles Regarding Mutual Funds (III-52.1) (III-52.1.e) entered into force through publication in the Official Gazette dated 01.03.2024 and numbered 32476.
  • The Regulation Amending the General Lighting Regulation entered into force through publication in the Official Gazette dated 02.03.2024 and numbered 32477.
  • Communiqué (No: 2024/1) Amending the Communiqué on Precious Metals Standards and Refineries (Communiqué No: 2023/1) entered into force through publication in the Official Gazette dated 02.03.2024 and numbered 32477.
  • The General Communiqué of the General Directorate of Accounting (Sequence No: 88) (e-Letter of Guarantee Transactions) entered into force through publication in the Official Gazette dated 02.03.2024 and numbered 32477.
  • The Communiqué Amending the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety entered into force through publication in the Official Gazette dated 05.03.2024 and numbered 32480.
  • The Communiqué on the Obligation to Sell Gluten-Free Food Products was published in the Official Gazette dated 05.03.2024 and numbered 32480. The provisions of this Communiqué enter into force on different dates.
  • The Regulation Amending the Regulation on Recycling Contribution Fee entered into force through publication in the Official Gazette dated 06.03.2024 and numbered 32481.
  • The Regulation Amending the Electricity, Water and Gas Meters Inspection Regulation entered into force through publication in the Official Gazette dated 06.03.2024 and numbered 32481.
  • The Communiqué on International Arbitration Fee Schedule was published in the Official Gazette dated 07.03.2024 and numbered 32482. This Communiqué enters into force on 15.03.2024.
  • The Communiqué (No: 2024/5) Amending the Communiqué on Reserve Requirements (No: 2013/15) entered into force through publication in the Official Gazette dated 07.03.2024 and numbered 32482.
  • The Regulation on the Amendment to the Regulation on the Permission to Use and Registration of Promotional Flags entered into force through publication in the Official Gazette dated 08.03.2024 and numbered 32483.
  • The Regulation on the Amendment to the Regulation on Mining Zones and Relocation of Licenses entered into force through publication in the Official Gazette dated 09.03.2024 and numbered 32484.
  • The Law No. 7499 on Amendments to the Code of Criminal Procedure and Certain Laws was published in the Official Gazette dated 12.03.2024 and numbered 32487. The provisions of this Law enter into force on different dates.
  • The Regulation on Preventing Collision at Sea entered into force after being published in the Official Gazette dated 12.03.2024 and numbered 32487.
  • The Regulation on the Licensing and Marketing of Plant Protection Products entered into force after being published in the Official Gazette dated 14.03.2024 and numbered 32489.
  • The Communiqué on the Widespread Use of Green Cement with Low Carbon Emission in Public Procurement Contracts was published in the Official Gazette dated 16.03.2024 and numbered 32491. This Communiqué enters into force on 01.01.2025.
  • The Communiqué Amending the Communiqué on Maximum Interest Rates Applicable to Credit Card Transactions (Number: 2020/16) (Number: 2024/6) entered into force through publication in the Official Gazette dated 16.03.2024 and numbered 32491.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2024/9) was published in the Official Gazette dated 19.03.2024 and numbered 32494. This Communiqué enters into force on the seventh day following its publication.
  • The Communiqué on Temporary Ban on Imports (Product Safety and Inspection: 2024/31) entered into force through publication in the Official Gazette dated 19.03.2024 and numbered 32494.
  • The Communiqué (Product Safety and Inspection: 2024/35) on the Amendment to the Communiqué on Import Inspection of Moving Machinery Used Off-Highway (Product Safety and Inspection: 2024/2) entered into force through publication in the Official Gazette dated 19.03.2024 and numbered 32494.
  • The Communiqué Amending the Communiqué on Compulsory Personal Accident Insurance Tariff and Instructions for Mine Employees entered into force through publication in the Official Gazette dated 19.03.2024 and numbered 32494.
  • The Communiqué on Safeguard Measures in Imports (No: 2024/5) entered into force through publication in the Official Gazette dated 20.03.2024 and numbered 32495.

Mergers and Acquisitions

  • The Competition Board (“Board”) authorized the establishment of joint control over Italo – Nuovo Trasporto Viaggiatori S.p.A. by GIP III Global Investments S.à r.l. ve SAS Shipping Agencies Services S.à r.l as a result of the acquisition of a certain portion of the shares of Italo – Nuovo Trasporto Viaggiatori S.p.A. controlled by Italo – Nuovo Trasporto Viaggiatori S.p.A. Hâlihazırda GIP III Global Investments S.à r.l. by SAS Shipping Agencies Services S.à r.l. (21.02.2024, 24-09/153-63)
  • The Board authorized the acquisition of a certain percentage of shares and sole control of Gimv NV Gimv NV by WorxInvest NV. (21.02.2024, 24-09/154-64)
  • The Board decided that the acquisition of the sole control of Narkasa Yazılım Ticaret A.Ş., which is jointly controlled by Erdal KAYA and Faruk SÜMER, by Narkasa Holdings Pte Ltd is not subject to authorization. (21.02.2024, 24-09/169-BD)
  • The Board authorized the acquisition of the joint control of Leadport Yazılım Teknolojileri Sanayi ve Ticaret A.Ş. by Hacı Ömer Sabancı Holding A.Ş. through Sabancı ARF İnovasyon ve Ticarileştirme A.Ş. (29.02.2024, 24-11/173-68)
  • The Board authorized the acquisition of the tenancy rights and fixed assets of six stores of Fatih Özbabacan Gıda Dış Tic. Ltd. Şti.'s six stores located in Konya by Migros Ticaret A.Ş. (29.02.2024, 24-11/176-71)
  • The Board authorized the acquisition of a certain portion of the shares owned/to be owned by Koray Holding A.Ş. within Kartal Yenilenebilir Enerji Üretim A.Ş. by Güler Yatırım Holding A.Ş. and its subsidiaries. (29.02.2024, 24-11/177-72)
  • The Board authorized the transaction to establish joint control over PSA Canada Ventures Ltd through the acquisition of a certain percentage of shares of PSA Belgium Ventures BV in PSA Canada Ventures Ltd by Terminal Investment Limited Holdings S.A. (29.02.2024, 24-11/185-73)
  • The Board authorized the acquisition of certain shares of Zheijang Bao-Mit Precision Steel Technology Co., Ltd. by Mitsui & Co., Ltd. and the establishment of joint control over Zheijang Bao-Mit Precision Steel Technology Co., Ltd. by Shanghai Baosteel International Economic & Trading Co., Ltd. and Mitsui & Co., Ltd. (29.02.2024, 24-11/187-75)
  • The Board authorized the establishment of a new joint venture by İnteltek İnternet Teknoloji Yatırım ve Danışmanlık Anonim Şirketi, a subsidiary of Intralot SA Integrated Lottery Systems and Services, and Tek Elektronik Yatırım Sanayi ve Ticaret Anonim Şirketi, a subsidiary of Hitay Yatırım Holding Anonim Şirketi, to operate in the field of horse racing betting games. (29.02.2024, 24-11/188-76)
  • The Board authorized the establishment of joint control over Wisersense Bilgi Teknolojileri A.Ş. by Wisersense Information Technologies Ltd., Arz Gayrimenkul ve Girişim Sermayesi Portföy Yönetimi A.Ş. and Zen Girişim Sermayesi Yatırım Ortaklığı A.Ş. (29.02.2024, 24-11/196-79)
  • The Board authorized the transfer of the joint control of Ikas Teknoloji Anonim Şirketi, jointly controlled by Mustafa NAMOĞLU and QNBeyond Venture Capital Investment Fund, to Mustafa NAMOĞLU, Revo Capital Fund II B.V., Re-Pie Portföy Yönetimi A.Ş. Ikas Venture Capital Investment Fund and International Finance Corporation. (29.02.2024, 24-11/197-80)
  • The Board authorized the acquisition of Sulfert Kimya San. ve Tic. A.Ş. and Ege Antrepo Lojistik Ltd. Şti. by Verim Gübre A.Ş. (29.02.2024, 24-11/201-81)
  • The Board authorized the acquisition of a certain portion of the capital of Farmasol Tıbbi Ürünler Sanayi ve Ticaret A.Ş. by Pollet Medical Group N.V. (29.02.2024, 24-11/203-83)
  • The Board authorized the sale of the property, rights and assets dedicated to carpet production belonging to Royal Halı İplik Tekstil Mobilya San. ve Tic. A.Ş., which is under the Savings Deposit and Insurance Fund, and two plots of land belonging to Naksan Plastik ve Enerji Sanayi Ticaret A.Ş., which are located next to the factory, and the goods, rights and assets belonging to Nakpilsa enterprise to to Inter Kimyasal Ürünler A.Ş. with a single specification. (29.02.2024, 24-11/207-85)
  • The Board authorized the acquisition of the control of Zorlu Enerji Dağıtım A.Ş. under Zorlu Holding A.Ş. and Gazdaş Gaziantep Doğal Gaz Dağıtım A.Ş., Trakya Bölgesi Doğal Gaz Dağıtım A.Ş. and Zorlu Doğal Gaz Tedarik Ticaret A.Ş. under the control of Zorlu Enerji Dağıtım A.Ş. by Palmet Enerji A.Ş. (29.02.2024, 24-11/210-86)
  • The Board decided that the acquisition of some of the shares of Argus Healtchare S.A.R.L in Istanbul Memorial Sağlık Yatırımları A.Ş. by Taya Sağlık Yatırımları A.Ş. is not subject to authorization. (29.02.2024, 24-11/189-BD)
  • The Board decided that the acquisition of all shares of EVRE Grup Turizm Yatırım A.Ş. by ETA Turizm Yatırım ve İşletmeleri A.Ş. is not subject to authorization. (29.02.2024, 24-11/190-BD)
  • The Board decided that the acquisition of a certain portion of the shares and control of Kocaman Balıkçılık İhracat ve İthalat Ticaret Anonim Şirketi by Kyokuyo Europe B.V. is not subject to authorization. (29.02.2024, 24-11/208-BD)
  • The Board decided that the acquisition of the majority shares and sole control of Argomey Gıda ve Yem Sanayi ve Ticaret A.Ş. by Kılıç Holding A.Ş. is not subject to authorization. (29.02.2024, 24-11/209-BD)

Energy

  • The Decision of Energy Market Regulatory Authority (“EMRA”) dated 22.02.2024 and numbered 12444, 12445, 12452, 12453, 12454 and 12455 were published in the Official Gazette dated 24.02.2024 and numbered 32470.
  • The Decision of EMRA dated 29.02.2024 and numbered 12466, 12467 and 12468 were published in the Official Gazette dated 02.03.2024 and numbered 32477.
  • The Decision of EMRA dated 07.03.2024 and numbered 12481, 12482, 12483 and 12484 were published in the Official Gazette dated 09.03.2024 and numbered 32484.
  • The Decision of EMRA dated 14.03.2024 and numbered 12495, 12500, 12501 and 12502 were published in the Official Gazette dated 16.03.2024 and numbered 32491.

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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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