Recent Keynotes of September 2018

International Agreements

  • The Resolution of the President dated 13.09.2018 and numbered 2018/89 on Amendment No. 1 together with the Accompanying Notes to the Financing Agreement on the Multi-Annual Action Programme for Turkey on Transportation was published in the Official Gazette dated 14.09.2018 and numbered 30536.
  • The Resolution of the President dated 13.09.2018 and numbered 2018/88 on Amendment No. 1 together with the Accompanying Notes to the Financing Agreement on the Multi-Annual Action Programme for Turkey on Competitiveness and Innovation was published in the Official Gazette dated 14.09.2018 and numbered 30536.
  • The Resolution of the President dated 13.09.2018 and numbered 2018/87 on the Security Cooperation Agreement Between the Government of the Republic of Turkey and the Government of Mongolia was published in the Official Gazette dated 14.09.2018 and numbered 30536.
  • The Resolution of the President dated 13.09.2018 and numbered 2018/86 on the Entry into Force of the Agreement between the Government of Republic of Turkey and the Government of Turkish Republic of Northern Cyprus Regarding Healthcare Donation was published in the Official Gazette dated 14.09.2018 and numbered 30536.

Resolutions of the President

  • Resolution of the President dated 29.08.2018 and numbered 2018/47 on the Entry into Force of the Memorandum of Understanding Between The Ministry of Finance, Financial Crimes Investigation Board (“MASAK”) of the Republic of Turkey and the Department in the Struggle for Tax, Currency Crimes and Legalization of Criminal Incomes under the Prosecutor General’s Office of the Republic of Uzbekistan Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Terrorism Financing and Related Criminal Activities was published in the Official Gazette dated 31.08.2018 and numbered 30521.
  • Resolution of the President dated 11.09.2018 and numbered 2018/162 on Amendment to the Resolution on Procedures and Principles on Structure and Functioning of the Turkey Wealth Funds Management Joint Stock Company was published in the Official Gazette dated 12.09.2018 and numbered 30533.
  • Resolution of the President dated 12.09.2018 and numbered 2018/85 on Amendment of Resolution No. 32 on Protection of Turkish Currency Value was published in the Official Gazette dated 13.09.2018 and numbered 30534.

Legislation

  • Communique on the Amendment to the Communique on the Advance Dividend Distribution entered into force through publication in the Official Gazette dated 01.09.2018 and numbered 30522.
  • Communique (Import: 2018/6) on the Amendment to the Communique (No: Import 2006/7) on Goods Subject to Registration in Import entered into force through publication in the Official Gazette dated 01.09.2018 and numbered 30522.
  • Communique on Resolution No. 32 on the Protection of Turkish Currency Value (Concerning Export Proceeds) (No: 2018-32/48) entered into force for a six month period through publication in the Official Gazette dated 04.09.2018 and numbered 30525.
  • Communique on the Prevention of Unfair Competition in Importation (No: 2018/28) entered into force through publication in the Official Gazette dated 05.09.2018 and numbered 30526.
  • Communique on the Administration of Quota and Tariff Quotas in Importation (No: 2018/6) entered into force through publication in the Official Gazette dated 05.09.2018 and numbered 30526.
  • Communique (BİK/TÜRKPATENT: 2018/3) on the Amendment to the Communique (BİK/TÜRKPATENT: 2018/1) on the Fee Tariff that shall be applied by the Turkish Patent and Trademark Authority in 2018 was entered into force through publication in the Official Gazette dated 05.09.2018 and numbered 30526.
  • Communique on the Amendment to the Communique on General Application of Value Added Tax (Serial No: 20) entered into force through publication in the Official Gazette dated 06.09.2018 and numbered 30527.
  • General Communique on Collection (Serial No: C Item No: 3) entered into force through publication in the Official Gazette dated 06.09.2018 and numbered 30527.
  • Communique on the Prevention of Unfair Competition in Importation (No: 2018/33) entered into force through publication in the Official Gazette dated 07.09.2018 and numbered 30528.
  • Regulation on the Amendment to the Regulation on the Trade of Second Hand Motor Vehicles entered into force through publication in the Official Gazette dated 08.09.2018 and numbered 30529.
  • Communique on the Amendment to the Communique on the Prevention of Unfair Competition in Importation (No: 2006/30), Communique on the Prevention of Unfair Competition in Importation (No: 2018/29), Communique on the Prevention of Unfair Competition in Importation (No: 2018/30), and Communique on the Prevention of Unfair Competition in Importation (No: 2018/32) entered into force through publication in the Official Gazette dated 08.09.2018 and numbered 30529.
  • Communique on the Administration of Quota and Tariff Quotas in Import (No: 2018/4) entered into force through publication in the Official Gazette dated 09.09.2018 and numbered 30530.
  • Communique on the Administration of Quota and Tariff Quotas in Import (No: 2018/5) was published in the Official Gazette dated 09.09.2018 and numbered 30530 and entered into force on the day of publication, and valid as of 06.08.2018.
  • Regulation on the Amendment to the Regulation on the Establishment of Right of Construction on Public Immovables for Education and Dormitory Activities entered into force through publication in the Official Gazette dated 11.09.2018 and numbered 30532.
  • Regulation on the Amendment to the Regulation on Personal Participation Capital entered into force through publication in the Official Gazette dated 11.09.2018 and numbered 30532.
  • Regulation on the Amendment to the Regulation on the Operating Principles and Establishment of Precious Metals Market Intermediary Institutions entered into force through publication in the Official Gazette dated 11.09.2018 and numbered 30532.
  • Regulation on the Amendment to the Regulation on Market Surveillance and Control of the Ministry of Industry and Technology was entered into force through publication in the Official Gazette dated 12.09.2018 and numbered 30533.
  • Regulation on the Amendment to the Regulation on the Outfitting of Private Boats and the Competencies of Navigators entered into force through publication in the Official Gazette dated 14.09.2018 and numbered 30535.
  • Communique on the Principles and Procedures for the Application of Article 376 of Turkish Commercial Code numbered 6102 entered into force through publication in the Official Gazette dated 15.09.2018 and numbered 30536.
  • Communique on the Principles Regarding Joint Stock Companies with the Majority of the Shares that belong to Cooperative and Cooperative Associations (II-16.2) entered into force through publication in the Official Gazette dated 19.09.2018 and numbered 30540.
  • Communique (No: 2018/77) on the Amendment to the Communique (No: 2018/51) on Rating Activities in the Capital Markets and Principles on Rating Agencies entered into force through publication in the Official Gazette dated 19.09.2018 and numbered 30540.
  • Regulation on the Amendment to the Regulation on the Principles and Procedures Concerning Transactions Affecting Foreign Exchange Position Monitoring by the Central Bank of the Republic of Turkey entered into force through publication in the Official Gazette dated 19.09.2018 and numbered 30540.
  • Regulation on the Principles of Activity, Operation and Audit of Data Storage Organization entered into force through publication in the Official Gazette dated 19.09.2018 and numbered 30540.
  • Communique (No: 2018/7) on the Safeguarding Measures in Imports entered into force through publication in the Official Gazette dated 20.09.2018 and numbered 30541.
  • Communique (No: 2018/7) on the Amendment to the Communique (No: 2016/8) on the Maximum Interest Rates that shall be Applied to Credit Card Transactions entered into force through publication in the Official Gazette dated 20.09.2018 and numbered 30541.

Competition Board Decisions

  • The Competition Board (“Board”) granted a negative declaratory certificate related to the change of indirect shareholding of Turkland Sigorta A.Ş. and Groupmed Sigorta Acenteliği A.Ş. in accordance with Article 8 of Law No. 4054. (18-29/491-242, 27.8.2018)
  • The Board Kurul, granted a negative declaratory certificate related to the change of indirect shareholding of Turkland Sigorta A.Ş. in accordance with Article 8 of Law No. 4054. (18-29/492-243, 27.8.2018)
  • The Board granted individual exemption to the agreement titled “Trientine 300 mg – Ticari Şartlar,” signed between EİP Eczacıbaşı İlaç Pazarlama A.Ş. and Univar B.V. (18 -30/518-257, 6.9.2018)
  • The Board granted individual exemption to the Financial Institution Agreement signed between Aktif Yatırım Bankası A.Ş. and the Turkish Football Federation, and to the Agreements on Mediation of Ticket Sales signed between the football clubs and Aktif Yatırım Bankası A.Ş., if they meet all of the conditions listed in Article 5 of Law No. 4054, until the end of football season 2023-2024; and also a negative declaratory to the System Integrator Agreement signed between the Turkish Football Federation and E-Kent Teknoloji ve Ödeme Sistemleri San. ve Tic. A.Ş. - Netaş Telekomünikasyon A.Ş. Consortium within the scope of Article 8 of Law No. 4054. (18-31/532-262, 12.9.2018)
  • The Board decided that the Distributorship Agreement, which is a typical agreement signed between Mey İçki Sanayi ve Ticaret A.Ş. and Gram Gıda ve Tekel Maddeleri A.Ş., benefits from a block exemption within the scope of Block Exemption Communique No. 2002/2 on Vertical Agreements in terms of whiskey, wine, liquor, tequila, and rum products; it also granted individual exemption to the Distributorship Agreement in terms of raki, vodka, and gin products that cannot be included within the scope of a block exemption of Communique No. 2002/2, due to the fact that they meet all of the conditions listed in Article 5 of Law No. 4054. (18-33/547-270, 19.9.2018)

Mergers and Acquisitions

  • The Board authorized the acquisition of a certain portion of shares of Arimpeks Alüminyum Sanayi İç ve Dış Ticaret A.Ş. by Aluflexpack AG. (18-33/551-272, 19.9.2018)
  • The Board authorized the transfer of the sole control of Terratec Group Inc. from Terratec Ltd. to the shared control of JIM Technology Corporation and Terratec Ltd. (18-31/529-260, 12.9.2018)
  • The Board authorized the acquisition of the sole control over Container Finance Ltd. Oy by CMA CGM S.A. (18-31/530-261, 12.9.2018)
  • The Board authorized the acquisition of the remaining percentage of the shares of Acarlar Dış Ticaret ve Makine Sanayi A.Ş by Haulotte Group S.A., which holds a certain percentage of the shares of the company. (18-31/543-268, 12.9.2018)
  • The Board authorized the acquisition of 50% of the shares of STEAG GuD Herne GmbH by Siemens Project Ventures GmbH. (18-30/506-245, 6.9.2018)
  • The acquisition of the sole control of the Augusta refinery and the accessory assets of Esso Italiana S.r.I., which was a subsidiary of Exxon Mobil Corporation by SONATRACH. (18 -30/507-246, 6.9.2018)
  • The Board authorized the acquisition of the shares of Bütangaz A.Ş. that belongs to Total Turkey Pazarlama A.Ş., by İpragaz A.Ş. (18 -30/508-247, 6.9.2018)
  • The Board authorized the acquisition of the joint control of LCY Chemicals Corp., which had been controlled by Kartlon Group, by KKR & Co. Inc. (18 -30/510-249, 6.9.2018)
  • The Board authorized the acquisition of 55% of the shares of the Financial and Risk Business of Thomson Reuters Corporation by the Consortium under the leadership of the Blackstone Group L.P. (18 -30/511-250, 6.9.2018)
  • The Board authorized the acquisition of the sole control of Recordati Industria Chimica e Farmaceutica S.p.A., of and by itself, by CVC Capital Partners SICAV-FIS S.A. via some CVC Funds. (18 -30/513-252, 6.9.2018)
  • The Board authorized the merger of Suzano Papel e Celulose S.A. and Fibria Celulose S.A. (18 -30/514-253, 6.9.2018)
  • The Board authorized the acquisition of the sole control of Gist-Broacades International B.V. and DSM Sinochem Pharmaceuticals Pte Ltd. via the funds managed by Bain Capital Investors, LLC. (18 -30/515-254, 6.9.2018)
  • The Board authorized the acquisition of the sole control of Elif Holding A.Ş. by Alpha Flexibles B.V. (18 -30/516-255, 6.9.2018)
  • The Board authorized the acquisition of the sole control of Shire Plc. by Takeda Pharmaceutical Company Limited. (18 -30/517-256, 6.9.2018)
  • The Board authorized the acquisition of the sole control of Antelope Topco S.C.A. and subsidiaries by Akita Bidco S.â.r.l. (18-29/477-231, 27.8.2018)
  • The Board authorized the acquisition of the sole control of Schenectady International Group by Addivant USA Holdings Corp. (18-29/479-232, 27.8.2018)
  • The Board authorized the acquisition of the sole control of LR Global Holding GmbH which was under the shared control of Quadriga Capital Private Equity Fund IV, L.P. and The Bregal Fund III L.P.by Quadriga Capital Private Equity Fund IV, L.P. (18-29/481-233, 27.8.2018)
  • The Board authorized the transfer of the sole control of SOCAR Turkey LNG Satış A.Ş. from SOCAR Turkey Petrol Enerji Dağıtım A.Ş. to the shared control of Reysaş Yatırım Holding A.Ş. and SOCAR Turkey Petrol Enerji Dağıtım A.Ş. (18-29/482-234, 27.8.2018)
  • The Board authorized the acquisition of the control of Megadyne S.p.A by Partners Group AG. (18-29/483-235, 27.8.2018)
  • The Board authorized the acquisition of the sole control of Demirer Kablo Tesisleri San. ve Tic. A.Ş. by Jiangsu Zhongtian Technology Co. Ltd. (18-29/485-236, 27.8.2018)
  • The Board authorized the acquisition of the sole control of Gemalto N.V. by Thales S.A. (18-29/486-237, 27.8.2018)
  • The Board authorized the acquisition of the sole control of KLX Inc. by The Boeing Company. (18-29/493-244, 27.8.2018)

Energy

  • Announcement Regarding the Amendment to the Electric Market Balance and Conciliation Regulation was published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 11.09.2018.
  • Announcement Regarding the Amendment to the Principles of Collateral Procedure was published on the official website of the EMRA on 11.09.2018.