Recent Keynotes of October 2023

31.10.2023 Batuhan Bağlar
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International Agreements

  • The Law on the Approval of the Ratification of the Intergovernmental Agreement on Dry Ports numbered 7459 was published in the Official Gazette dated 17.10.2023 and numbered 32342.
  • The Law on the Approval of the Ratification of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization and the Agreement on Fisheries Subsidies Annexed to the Protocol was published in the Official Gazette dated 17.10.2023 and numbered 32342.
  • The Law on the Approval of the Ratification of the Treaty Concerning Spitsbergen Signed in Paris on 9 February 1920 numbered 7458 was published in the Official Gazette dated 17.10.2023 and numbered 32342.
  • The Law on the Approval of the Ratification of the Agreement between the Government of the Republic of Turkey and the Government of the Republic of Sierra Leone for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance numbered 7458 was published in the Official Gazette dated 17.10.2023 and numbered 32342.
  • The Law on the Approval of the Ratification of the Agreement between the Government of the Republic of Turkey and the Government of the Federal Republic of Nigeria on the Avoidance of Double Taxation and Prevention of Tax Evasion and Avoidance of Taxes on Income numbered 7458 was published in the Official Gazette dated 17.10.2023 and numbered 32342.

Resolutions of the President

  • The Resolution of the President dated 02.10.2023 and numbered 7664 on Putting into Effect the Annexed Classification Opinions to be Implemented Pursuant to the International Convention on Harmonised (Harmonised) Commodity Description and Coding System and Repealing the Resolution of the President dated 24.2.2022 and numbered 5239 entered into force through publication in the repeated Official Gazette dated 02.10.2023 and numbered 32327.
  • The Resolution of the President dated 05.10.2023 and numbered 7700 on the Procedures and Principles Regarding the Grant and Construction Loan to Real or Legal Persons who are the Owners of the Parcels on which the New Buildings to be Built within the Scope of Additional Article 1 of the Law on the Adoption of the Presidential Decree on Settlement and Construction within the Scope of the State of Emergency No. 7452 entered into force through publication in the Official Gazette dated 06.10.2023 and numbered 32331.
  • The Resolution of the President dated 05.10.2023 and numbered 7702 on the Extension of the Periods in the First Paragraph of the Provisional Article 3 and the First and Second Paragraphs of the Provisional Article 4 of the Law No. 6461 on the Liberalisation of Turkish Railway Transport until 31.12.2033 was published in the Official Gazette dated 06.10.2023 and numbered 32331. This Resolution enters into force on 24.07.2023.
  • The Resolution of the President dated 15.10.2023 and numbered 7708 on the Amendment to the Import Regime Decree was published in the Official Gazette dated 16.10.2023 and numbered 32341. This Resolution enters into force on the 15th day from the date of publication.
  • The Resolution of the President dated dated 15.10.2023 and numbered 7709 on the Amendment to the Resolution on the Application of Additional Customs Duty on Imports was published in the Official Gazette dated 16.10.2023 and numbered 32341. This Resolution enters into force on the 30th day following the date of publication.
  • The Resolution of the President dated 15.10.2023 and numbered 7710 on the Amendment to the Import Regime Decree was published in the Official Gazette dated 16.10.2023 and numbered 32341. This Resolution enters into force on the 7th day following the date of publication.
  • The Resolution of the President dated 16.10.2023 and numbered 7721 on the Determination of Those Who Will Benefit from Certain Goods and Services Produced by Public Institutions and Organisations Free or Discounted was published in the Official Gazette dated 17.10.2023 and numbered 32342.
  • The Resolution of the President dated 16.10.2023 and numbered 7723 on the Determination of the General Investment and Financing Programme of State Economic Enterprises and Subsidiaries for the Year 2024 was published in the Official Gazette dated 17.10.2023 and numbered 32342. The provisions of this Resolution enter into force on different dates.
  • The Resolution of the President dated 16.10.2023 and numbered 7724 on the Amendment to the Resolution on the Determination of the Conditions Regarding the Undertaking, Acquisition and Transfer of Urban Rail Transport Systems, Metros and Related Facilities by the Ministry of Transport and Infrastructure upon Completion entered into force through publication in the Official Gazette dated 17.10.2023 and numbered 32342.

Legislation

  • The Lawyer Minimum Fee Tariff entered into force through publication in the Official Gazette dated 21.09.2023 and numbered 32316.
  • The Communiqué Amending the Communiqué on National Occupational Standards (No: 2023/16) entered into force through publication in the Official Gazette dated 24.09.2023 and numbered 32319.
  • The Communiqué Amending the Communiqué on National Occupational Standards (No: 2023/17) entered into force through publication in the Official Gazette dated 24.09.2023 and numbered 32319.
  • The Communiqué Amending the Communiqué on National Occupational Standards (No: 2023/18) entered into force through publication in the Official Gazette dated 24.09.2023 and numbered 32319.
  • The Regulation on Partial Payment in the Private Pension System was published in the Official Gazette dated 26.09.2023 and numbered 32321. This Regulation enters into force six months after the date of publication.
  • The Regulation on Railway Infrastructure Access and Capacity Allocation entered into force through publication in the Official Gazette dated 28.09.2023 and numbered 32323. 
  • The Communiqué on Determination of Interest Rates to be Applied in Rediscount and Advance Transactions entered into force through publication in the Official Gazette dated 28.09.2023 and numbered 32323.
  • The Communiqué on Presentation of Financial Statements of Insurance, Reinsurance and Pension Companies was published in the Official Gazette dated 01.10.2023 and numbered 32326. This Communiqué enters into force on 01.01.2024.
  • The Communiqué on Insurance Uniform Chart of Accounts and Prospectus was published in the Official Gazette dated 01.10.2023 and numbered 32326. This Communiqué enters into force on 01.01.2024.
  • The Regulation on the Amendment to the Regulation on the Single Treasury Corporate Account Application entered into force through publication in the Official Gazette dated 04.10.2023 and numbered 32329.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles Regarding the Use of Deductions from the Costs of Carrier Materials Containing Intellectual and Artistic Works and Technical Devices for Reproducing These Works entered into force through publication in the Official Gazette dated 04.10.2023 and numbered 32329.
  • The General Communiqué on the Implementation of the National Vehicle Recognition System (Sequence No: 1) entered into force through publication in the Official Gazette dated 05.10.2023 and numbered 32330.
  • The Regulation on the Amendment to the Regulation on the Determination of the Railway Passenger Transport Lines to be Supported within the Scope of Public Service Obligation and the Public Service Obligation Train Operator (Decree No: 7703) entered into force through publication in the Official Gazette dated 06.10.2023 and numbered 32331.
  • The Regulation Amending the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers was published in the Official Gazette dated 07.10.2023 and numbered 32332. Article 23 of the Regulation enters into force on 31.03.2024, other articles enter into force on the date of publication.
  • The Communiqué (Serial No: 549) on the Amendment to the General Communiqué (Serial No: 527) on Tax Procedure Law entered into force through publication in the Official Gazette dated 07.10.2023 and numbered 32332.
  • The Communiqué (Serial No: 550) on the Amendment to the General Communiqué (Serial No: 509) on Tax Procedure Law was published in the Official Gazette dated 07.10.2023 and numbered 32332. The provisions of the Communiqué enter into force on different dates.
  • The General Communiqué (Sequence No: 551) on Tax Procedure Law was published in the Official Gazette dated 07.10.2023 and numbered 32332. Article 4 of the Communiqué enters into force on the date of publication to be applied to deliveries and services performed as of 02.01.2024 (including this date). Other articles enter into force on the date of publication.
  • The General Communiqué (Sequence No: 552) on Tax Procedure Law entered into force through publication in the Official Gazette dated 07.10.2023 and numbered 32332.
  • The Communiqué (Sequence No: 553) on the Amendment to the General Communiqué (Sequence No: 531) on Tax Procedure Law entered into force through publication in the Official Gazette dated 07.10.2023 and numbered 32332.
  • The Communiqué (No: 2023/30) on Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 07.10.2023 and numbered 32332.
  • The Communiqué on the Amendment to the the Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services entered into force through publication in the Official Gazette dated 07.10.2023 and numbered 32332.
  • The Communiqué (No: 2023/27) on Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 10.10.2023 and numbered 32335.
  • The Communiqué (No: 2023/28) on Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 10.10.2023 and numbered 32335.
  • The Communiqué (Export: 2023/8) on the Amendment to the Communiqué (Export: 2006/12) on Inward Processing Regime entered into force through publication in the Official Gazette dated 11.10.2023 and numbered 32336.
  • The Regulation on the Amendment to the the Regulation on the Registration of Devices with Electronic Identity Information was published in the Official Gazette dated 12.10.2023 and numbered 32337. This Regulation enters into force on 01.01.2024.
  • The Implementing Communiqué on Supports for Biological and/or Biotechnical Control in Crop Production (No: 2023/36) was published in the Official Gazette dated 12.10.2023 and numbered 32337. This Communiqué enters into force on the date of its publication, effective as of 02.02.2023.
  • The Communiqué on the Amendment to the the Communiqué on the Registration of Devices with Electronic Identity Information was published in the Official Gazette dated 12.10.2023 and numbered 32337. This Communiqué enters into force on 01.01.2024.
  • Turkish Food Codex Regulation on Food Additives entered into force through publication in the Official Gazette dated 13.10.2023 and bis numbered 32338.
  • The Regulation Amending the Electricity Market Licence Regulation entered into force through publication in the Official Gazette dated 14.10.2023 and numbered 32339.
  • The Presidential Decree (Decree Number: 153) on the Amendment to the Certain Presidential Decrees entered into force through publication in the Official Gazette dated 16.10.2023 and numbered 32341.
  • The Communiqué on the Procedures and Principles Regarding the Implementation of Provisional Article 20 of the Execution and Bankruptcy Law was published in the Official Gazette dated 18.10.2023 and numbered 32343. This Communiqué enters into force on 31.10.2023.
  • The Regulation on Liability Insurance and Coverage for Nuclear Risks entered into force through publication in the Official Gazette dated 19.10.2023 and numbered 32344.
  • The Regulation on the Operating Procedures and Principles of the Nuclear Insurance Pool entered into force through publication in the Official Gazette dated 19.10.2023 and numbered 32344.
  • The Communiqué on the Amendment to the the Communiqué on Health Implementation of Social Security Institution was published in the Official Gazette dated 19.10.2023 and numbered 32344. The articles of the Communiqué enter into force on different dates.

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of NeoGames S.A. by Aristocrat Leisure Limited through Anaxi Investments Limited. (21.09.2023, 23-45/ 845-298)
  • The Board authorized the acquisition of the sole control of Constantia Flexibles Holding GmbH by One Rock Capital Partners LLC through Capripack BidCo GmbH. (21.09.2023, 23-45/ 846-299)
  • The Board authorized the formation of a fully functional joint venture between ICA IC İçtaş Altyapı İşletme ve Bakım A.Ş. and SGN Lojistik Yatırım Sanayi ve Ticaret A.Ş. (21.09.2023, 23-45/ 859-303)
  • The Board authorised the merger of Novozymes A/S and Chr. Hansen Holding A/S under Novozymes A/S. (28.09.2023, 23-46/870-308)
  • The Board authorized the acquisition of sole control of GlobalPbx İletişim Teknolojileri A.Ş. and its software-related assets through a capital increase by Karel Elektronik San. ve Tic. A.Ş. (28.09.2023, 23-46/865-306)
  • The Board authorised the acquisition of all shares and sole control of MNG Kargo Yurtiçi ve Yurtdışı Taşımacılık A.Ş. by Deutsche Post Beteiligungen Holding GmbH, a DHL Group company. (28.09.2023, 23-46/863-305)
  • The Board authorized the acquisition of sole control of SWM Holdings US, LLC, SWM Holdings Luxembourg Sarl, Schweitzer-Mauduit International China Limited, SWM Poland Sp z.o.o., Schweitzer-Mauduit do Brasil Industria e Comercio de Papel Ltda, SWM Luxembourg Service LLC, SWM Holding S.A.S., LTR Industries S.A.S., SWM Services S.A.S., Papeterie de Saint-Girons S.A.S. and PDM Industries S.A.S. by Evergreen Hill Enterprise Pte. Ltd. (05.10.2023, 23-47/901-320)
  • The Board authorised the acquisition of the endoluminal or endoscopic vacuum therapy business line of B. Braun Surgical S.A. and Aesculap AG by Boston Scientific Corporation through its wholly owned subsidiaries Boston Scientific International B.V. and Boston Scientific Medical Device Limited. (05.10.2023, 23-47/899-319)
  • The Board authorised the acquisition of joint control of Fortress Investment Group by affiliates of Mubadala Capital LLC and certain members of the current management team of Fortress Investment Group. (05.10.2023, 23-47/892-316)
  • The Board authorised the indirect acquisition of sole control of STEAG GmbH and its subsidiaries by Asterion Industrial Infra Fund II FCR, a fund managed by Asterion Industrial Partners, SGEIC, S.A. (05.10.2023, 23-47/886-313)
  • The Board authorised the inclusion of Reliance Industries Limited in the joint control of BAM Digital Realty under the joint control of Brookfield Corporation and Digital Realty Trust, Inc. (05.10.2023, 23-47/885-312)

Energy

  • The decision of the Energy Market Regulatory Authority (“EMRA”) dated 21.09.2023 and numbered 12082 was published in the Official Gazette dated 23.09.2023 and numbered 32318.
  • The decision of EMRA dated 21.09.2023 and numbered 12083 was published in the Official Gazette dated 23.09.2023 and numbered 32318.
  • The decision of EMRA dated 28.09.2023 and numbered 12095 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12096 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12097 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12101 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12102 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12103 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 28.09.2023 and numbered 12104 was published in the Official Gazette dated 30.09.2023 and numbered 32325.
  • The decision of EMRA dated 12.10.2023 and numbered 12129 was published in the Official Gazette dated 17.10.2023 and numbered 32342.

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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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Recent Keynotes of May 2022

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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