Recent Keynotes of February 2018

February 2018
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International Agreements

  • The Resolution of Council of Ministers dated 08.01.2018 and numbered 2018/11196 on the Ratification of the Cooperation Agreement in the Field of Forestry between the Government of the Republic of Turkey and the Government of Romania was published in the Official Gazette dated 11.02.2018 and numbered 30329.
  • The Resolution of Council of Ministers dated 08.01.2018 and numbered 2018/11202 on the Ratification of the Memorandum of Understanding in the field of Forestry between the Government of the Republic of Turkey and the Government of the Hellenic Republic was published in the Official Gazette dated 11.02.2018 and numbered 30329.
  • The Resolution of Council of Ministers dated 08.01.2018 and numbered 2018/11197 on the Ratification of the Cooperation Agreement in the Field of Forestry and Water between the Government of the Republic of Turkey and the Government of the Republic of Tunisia was published in the Official Gazette dated 02.2018 and numbered 30333 (bis.).
  • The Resolution of Council of Ministers dated 17.01.2018 and numbered 2018/11309 on the Ratification of the Service Support Agreement Regarding the Communication and Information Systems Services between the Government of the Republic of Turkey and the NATO Communication and Information Agency was published in the Official Gazette dated 15.02.2018 and numbered 30333 (bis.).
  • The Resolution of Council of Ministers dated 08.01.2018 and numbered 2018/11232 on the Ratification of the Agreement regarding Cooperation in the Field of Health and Medical Sciences between the Government of the Republic of Turkey and the Government of the Federal Republic of Somalia was published in the Official Gazette dated 16.02.2018 and numbered 30334.

Council of Ministers Resolutions

  • The Resolution of Council of Ministers dated 03.01.2018 and numbered 2018/1185 on the Amendment to the Decree numbered 32 on the Protection of the Value of Turkish Money was published in the Official Gazette dated 25.01.2018 and numbered 30312.
  • The Resolution of Council of Ministers dated 01.02.218 numbered 2018/11333 on the Amendment to the Decree Regarding the Determination of the Value Added Tax Rates that will be Applied to Goods and Services was published in the Official Gazette dated 03.02.2018 and numbered 30321.

Legislation

  • The Regulation on the Amendment to the Regulation on Power Plants with Electric Power entered into force through publication in the Official Gazette dated 23.01.2018 and numbered 30310.
  • The Communique (No: 2018-32/46) on the Amendment to the Communique (No: 2008-32/34) regarding Decree numbered 32 on the Protection of the Value of Turkish Currency was published in the Official Gazette dated 25.01.2018 and numbered 30312. The second Article of this Communique entered into force on 02.05.2018, and the other provisions enter into force through publication.
  • The General Communique (Serial No:1) on the Electronic Notification System was published in the Official Gazette dated 25.01.2018 and numbered 30312. This Communique entered into force on 01.02.2018.
  • The Regulation on Granting Site Selection Certificates to the Electronic Communication Stations and Determination of Prices entered into force through publication in the Official Gazette dated 27.01.2018 and numbered 30314.
  • The Communique (No:2018-32/45) on Decree Numbered 32 Regarding the Protection of the Value of Turkish Currency entered into force through publication in the Official Gazette dated 30.01.2018 and numbered 30317.
  • The Regulation on Providing Sale, Transfer and Registration Services for Vehicles entered into force through publication in the Official Gazette dated 31.01.2018 and numbered 30318.
  • The Communique on the Amendment to the Communique Regarding Work Place Danger Classification regarding Occupational Health and Security entered into force through publication in the Official Gazette 31.01.2018 and numbered 30318.
  • The Communique on the Amendment to the Communique regarding Social Security Institution Health Practice was published in the Official Gazette dated 04.02.2018 and numbered 30322. Various provisions of this Communique enter into force on different dates.
  • The Communique (Serial No: 381) on the Amendment to the General Communique (Serial No: 314) on National Estate entered into force through publication in the Official Gazette dated 06.02.2018 and numbered 30324.
  • The Communique on the Amendment to the Public Tender General Communique was published in the Official Gazette dated 06.02.2018 and numbered 30324. The first Article of this Communique entered into force on 01.03.2018, and the other provisions enter into force through publication.
  • The Regulation on Industrial Zones entered into force through publication in the Official Gazette dated 09.02.2018 and numbered 30327.
  • The Regulation on Allocation of Parcels in the Organized Industrial Zones Fully or Partially Free of Charge entered into force through publication in the Official Gazette dated 09.02.2018 and numbered 30327.
  • The Regulation on Personal Data Protection Specialty entered into force through publication in the Official Gazette dated 09.02.2018 and numbered 30327.
  • The Regulation on the Trade of Second-Hand Motor Land Vehicles was published in the Official Gazette 13.02.2018 and numbered 30331. Various provisions of this Communique enter into force on different dates.
  • The Communique on the Amendment to the Communique (Importation: 2017/3) Regarding Electronic Application System in Importation Transactions entered into force through publication in the Official Gazette dated 13.02.2018 and numbered 30331.
  • The Communique (II-15.1.b) on the Amendment to the Special Circumstances Communique (II-15.1) entered into force through publication in the Official Gazette dated 13.02.2018 and numbered 30331.
  • The Regulation on the Implementation of the Industry Cooperation Projects entered into force through publication in the Official Gazette dated 17.02.2018 and numbered 30335.
  • The Regulation on the Principles and Procedures Regarding the Surveillance of the Transactions that Affect Foreign Currency Positions, by the Central Bank of the Republic of Turkey entered into force through publication in the Official Gazette dated 17.02.2018 and numbered 30335.
  • The Regulation on the Amendment to the Council of Trade and Customs Regulation entered into force through publication in the Official Gazette dated 20.02.2018 and numbered 30338.

Competition Board Decisions

  • The Competition Board (“Board”) authorized the privatization transactions by way of granting operation rights of the Tekirdağ Port belonging to Türkiye Denizcilik İşletmeleri A.Ş. for thirty-six years. (08.02.2018, 18-04/61-35)
  • The Board granted negative clearance to the Financial Leasing, Factoring and Financing Companies Union to obtain some data in the financial tables of the members regarding financial leasing, factoring and financing services markets, and the additional certain data from its members, periodically, and to share certain data within the scope of the transaction that is sharing the earlier data with its members. The Board decided that sharing certain data, individually, may not obtain negative clearance or individual exemption, and a 5 year individual exemption shall be granted to the sharing of some data. (15.02.2018, 18-05/79-43)

Mergers and Acquisitions

  • The Board granted individual exemption to the Bankasürans Agreement concluded between NN Hayat ve Emeklilik A.Ş. and Alternatifbank A.Ş., as it fulfills the requirements stated under Article 5 of Law numbered 4054. (08.02.2018, 18-04/62-36)
  • The Board decided that the acquisition of certain shares of Alanar Meyve ve Gıda Üretim Pazarlama Sanayi ve Ticaret A.Ş. and Alara Fidan Üretim ve Pazarlama Sanayi ve Ticaret A.Ş. by Tekfen Tarımsal Araştırma Üretim ve Pazarlama A.Ş. is not subject to authorization. (08.02.2018, 18-04/71-BD)
  • The Board authorized the acquisition of all of the shares of Eurotech Group B.V. by MGG Group B.V. (08.02.2018, 18-04/67-39)
  • The Board authorized the acquisition of all of the shares of Fermo Limited by Affinity Asia Pacific Fund IV through CNC Investment Limited. (08.02.2018, 18-04/66-38)
  • The Board authorized the establishment of a fully effective joint venture amongst Toyota Boshoku Corporation, Autoneum International AG and Nihon Tokushu Toryo Co. Ltd. (08.02.2018, 18-04/60-34)
  • The Board authorized the establishment of a joint venture by Sumitomo Corporation of Americas and Michelin North America Inc. (08.02.2018, 18-04/59-33)
  • The Board authorized the indirect acquisition of the companies and management that constitute the margarine business line of Unilever N.V. and Unilever Plc. by KKR & Co. L.P. (08.02.2018, 18-04/53-29)
  • The Board authorized the indirect acquisition of Husky Injection Molding Systems International Ltd. by Platinum Equity LLC. (08.02.2018, 18-04/52-28)
  • The Board authorized the acquisition of all of the shares and the sole control of Robertshaw Holdings S.A.R.L by One Rock Range, LP. (08.02.2018, 18-04/50-27)
  • The Board decided that the acquisition of CZK Lokantacılık İşletmeleri A.Ş. by Reklam Üssü Reklam Ajansı Prodüksiyon Danışmanlık Organizasyon Sanayi ve Dış Ticaret A.Ş. is not subject to authorization. (15.02.2018, 18-05/85-BD)
  • The Board authorized the acquisition of all of the shares of GO Steel Frydek Mistek A.Ş. by Stalprodukt Spolka Akcyjna. (15.02.2018, 18-05/82-44)
  • The Board authorized the assurance of joint control of Yaşar Dondurma ve Gıda Maddeleri A.Ş. through the indirect acquisition of certain shares that represent its capital, by Turkey Cafe Company S.A.R.L. (15.02.2018, 18-05/76-41)
  • The Board authorized the establishment of the joint control of TurkNet İletişim Hizmetleri A.Ş. by Gulf Credit Lending S.A.R.L and Cem Mehmet ÇELEBİLER, Mehmet İzzet ÇELEBİLER, Nedim Halet ÇELEBİLER, Yunus Sami ÇELEBİLER. (20.02.2018, 18-06/103-54)
  • The Board authorized the acquisition of the sole control of Sportv Medya Hizmetleri A.Ş. which is involved in the Doğuş Group, by Discovery Medya Hizmetleri Ltd. Şti. (20.02.2018, 18-06/102-53)
  • The Board authorized the acquisition of certain shares of Hiroshima Steel Center Co. Ltd by Sumitomo Corporation through Summit Steel Co. Ltd. and, therefore, the joint control of Hiroshima Steel Center Co. Ltd. by Marubeni Itochu Steel Inc. and Sumitomo Corporation. (20.02.2018, 18-06/98-51)
  • The Board authorized the acquisition of certain shares of Maersk Product Tankers A/S by Mitsui & Co. Ltd. from APMH Invest A/S. (20.02.2018, 18-06/96-50)
  • The Board authorized the acquisition of certain shares of FZK Mühendislik ve Sınai Yatırımlar A.Ş. that belong to Anlaş Holding A.Ş. by Ziraat Katılım Bankası A.Ş through the loan product called Joint Investments. (20.02.2018, 18-06/95-49)
  • The Board authorized the establishment of the joint control of TAEC Uçak Motor Sanayi A.Ş. by Rolls Royce Overseas Holdings Limited and Kale Holding A.Ş. (20.02.2018, 18-06/93-48)
  • The Board authorized the acquisition of the sole control of the natural gas business of Engie S.A. which is currently controlled through its group companies, by Total S.A. (20.02.2018, 18-06/91-46)

Energy

  • The General Communique (Serial No:1) on the TürkAkım Gas Pipeline Project was published in the Official Gazette dated 02.02.2018 and numbered 30320.
  • The Principles and Procedures regarding the Immovable Procurement Transactions conducted by the Energy Market Regulatory Authority (“EMRA”) were published on its official web site on 08.02.2018.
  • The Regulation on Amendment to the Regulation Regarding Application of the National Marker in the Petroleum Market was published in the Official Gazette dated 17.02.2018 and numbered 30335.
  • The Regulation on the Amendment to the Regulation on Electricity Internal Facilities was published in the Official Gazette dated 21.02.2018 and numbered 30339. This Regulation enters into force three months after its date of publication.
  • EMRA published the 2017 December Petroleum Market Sector Report, Natural Gas Market Sector Report, Liquefied Petroleum Gas Sector Report and Electricity Market Sector Report on its web site on 22.02.2018.

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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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