Recent Keynotes of February 2019

International Agreements

  • The Resolution (No: 744) on Approval of the Turkish-Ukraine Land Transportation Joint Commission Meeting Protocol was published in the Official Gazette dated 07.02.2019 and numbered 30679 (bis).

Resolutions of the President

  • The Resolution of the President on the Amendment to the Resolution (No: 681) on the Treasury Support Provided for Credit Guarantee Corporations entered into force through publication in the Official Gazette dated 30.01.2019 and numbered 30671.
  • The Resolution (No: 702) of the President on Determination of Sugar Quotas for the 2019/2020 Marketing Year entered into force through publication in the Official Gazette dated 05.02.2019 and numbered 30677.

Legislation

  • The Communiqué (Export: 2019/1) on the Amendment to the Inward Processing Regime Communiqué (Export: 2006/12) entered into force through publication in the Official Gazette dated 22.01.2019 and numbered 30663.
  • The Customs General Communiqué (Pre-arrival Customs Transactions) (No: 1) was published in the Official Gazette dated 23.01.2019 and numbered 30664. This Communiqué enters into force on the 90th day following its publication.
  • The Regulation on Amendment to the Regulation on Loan Transactions of Banks was published in the Official Gazette dated 25.01.2019 and numbered 30666. Various provisions of this Regulation enter into force on different dates.
  • The Regulation on the Amendment to the Regulation on Establishment and Operation Principles of Financial Leasing, Factoring and Financing Companies entered into force through publication in the Official Gazette dated 25.01.2019 and numbered 30666.
  • The Communiqué on the Amendment to the General Communiqué on Special Income Tax List Number (I) (Serial Number: 5) entered into force through publication in the Official Gazette dated 25.01.2019 and numbered 30666.
  • The Communiqué (II-16.2.a) on the Amendment to the Communiqué (II-16.2) on Principles Regarding Joint Stock Companies with the Majority of the Shares that belong to Cooperative and Cooperative Associations entered into force through publication in the Official Gazette dated 25.01.2019 and numbered 30666.
  • The Public Procurement Communiqué (No:2019/1) was published in the Official Gazette dated 25.01.2019 and numbered 30666. This Communiqué enters into force on 01.02.2019.
  • The Communiqué on Tariff Quota Application of Some Imported Products entered into force through publication in the Official Gazette dated 29.01.2019 and numbered 30670.
  • The Law on Amendment to Income Tax Law and Certain Laws was published in the Official Gazette dated 30.01.2019 and numbered 30671. Various provisions of this Law enter into force on different dates.
  • The Regulation Concordat Commissar and Board of Creditors entered into force through publication in the Official Gazette dated 30.01.2019 and numbered 30671.
  • The Regulation on the Documents to be Added to Concordat Request entered into force through publication in the Official Gazette dated 30.01.2019 and numbered 30671.
  • The Communiqué on the Amendment to the Communiqué regarding the Uniform Accounting Plan and Offering Circular to be Applied by Financial Leasing, Factoring and Financing Companies entered into force through publication in the Official Gazette dated 01.02.2019 and numbered 30673.
  • The Tax Procedure Law General Communiqué (Serial No:505) entered into force through publication in the Official Gazette dated 02.02.2019 and numbered 30674.
  • The Regulation on the Amendment to the Regulation on Distance Selling Contracts entered into force through publication in the Official Gazette dated 09.02.2019 and numbered 30681.
  • The Regulation on Amendment to the Regulation on Loan Transaction of Banks entered into force through publication in the Official Gazette dated 10.02.2019 and numbered 30682.
  • The Regulation on the Amendment to the Regulation on Establishment and Operation Principles of Financial Leasing, Factoring and Financing Companies entered into force through publication in the Official Gazette dated 10.02.2019 and numbered 30682.
  • The Regulation on the Amendment to the Regulation related to Indirect Shareholding of Banks and Transactions of Banks subject to Permission was published on the Official Gazette dated 13.02.2019 and numbered 30685. Various provisions of this Law enter into force on different dates.
  • The Decision dated 30.01.2019 and numbered 3 of the Coordination Council for the Determination of Industrialists and Traders, Merchants and Craftsmen were published in the Official Gazette dated 13.02.2019 and numbered 30685.
  • The Regulation on the Amendment to the Regulation regarding Service Providers in Electronic Commerce and Mediator Service Providers entered into force through publication in the Official Gazette dated 15.02.2019 and numbered 30687.
  • The Communiqué (Serial No: 17) on the Amendment to the General Communiqué (Serial No: 1) on Corporate Income Tax entered into force through publication in the Official Gazette dated 15.02.2019 and numbered 30687.
  • The Communiqué (Serial No: 23) on the Amendment to the Communiqué on Value Added Tax General Application entered into force through publication in the Official Gazette dated 15.02.2019 and numbered 30687.
  • The Communiqué on the Amendment to the Communiqué on the Electronic Commerce System and Notification Obligations entered into force through publication in the Official Gazette dated 15.02.2019 and numbered 30687.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the Procurement Depository Agreement signed separately between Takeda İlaç Sağlık Sanayi Ticaret Ltd. Şti., Aksel Ecza Deposu Ticaret A.Ş. and Gül Ecza Deposu Sanayi ve Ticaret A.Ş., as all conditions under Article 5 of Law numbered 4054 have been satisfied. (19-06/57-21, 07.02.2019)
  • From amongst the agreements titled “Frame Agreement” and “Tobacco Leaf Supply Agreement,” which are signed between JTI Yaprak Tütün Sanayi ve Ticaret A.Ş., Prestij Tütün Sanayi ve Ticaret A.Ş. and İsmet ÇAKIN, the Board decided that the “Tobacco Leaf Supply Agreement” benefits from a block exemption within the scope of Block Exemption Communiqué No. 2002/2, and granted individual exemption to the “Frame Agreement,” as all conditions under Article 5 of Law numbered 4054 have been satisfied. (19-07/81-33, 13.2.2019)

Mergers and Acquisitions

  • The Board decided that the acquisition of certain shares of Zetaş Zemin Teknolojisi A.Ş. by Soletanche Freyssinet SA that holds the majority of the company’s shares is not subject to authorization. (19-05/44-BD, 28.01.2019)
  • The Board authorized the acquisition of certain shares of ETA Turizm Yatırım ve İşletmeleri A.Ş. by Robinson Club GmbH. (19-06/67-30, 07.02.2019)
  • The Board authorized the establishment of a joint venture between Limak Bandırma Çimento Sanayi ve Ticaret A.Ş. by Limak Çimento San. ve Tic. A.Ş. and Altıntaş Kardeşler Beton Kömür Nak. İnş. Mal. Akar. Turz. Mad. San. ve Tic. Ltd. Şti., by establishing share control. (19-06/66-29, 07.02.2019)
  • The Board authorized the establishment of two joint ventures in Bulgaria, titled Gestamp Etem Automotive Bulgaria S.A. and Etem Gestamp Aluminum Extrusions S.A. by Gestamp North Europe Service S.L. ile Etem Bulgaria S.A. and, afterwards, the establishment of a subsidiary of Gestamp Etem Automotive Bulgaria S.A. in the United Kingdom as being in sole control. (19-06/65-28, 07.02.2019)
  • The Board authorized the acquisition of the share control over Mobility Trader Holding GmbH together with Volkswagen AG, through the acquisition of Mobility Trader Holding GmbH’s certain shares, which are indirectly under the sole control of Volkswagen AG by Daimler AG through its subsidiary, Leonie FS DVB GmbH. (19-06/61-25, 07.02.2019)
  • The Board authorized the establishment of a fully effective joint venture between Stena Rederi AB and Glovis Europe GmbH. (19-06/60-24, 07.02.2019)
  • The Board authorized the establishment of a joint venture through the acquisition of the share control of the newly established BG Saxo Socieata Intermedazione Mobiliare S.p.A, between Banca Generali S.p.A and Saxo Bank A/S. (19-06/59-23, 07.02.2019)
  • The Board authorized the acquisition of the sole control of the business regarding commercial marine products, systems and after-sales services, performed by Rolls-Royce Plc.’s subsidiaries, by Kongsberg Gruppen ASA. (19-06/58-22, 07.02.2019)
  • The Board decided that the acquisition of the trademark of “Tekel Birası” and the registered form by Anadolu Efes Biracılık ve Malt Sanayii A.Ş. is not subject to authorization since the turnover thresholds are not exceeded. (19-06/54-20, 07.02.2019)
  • The Board authorized the acquisition of the management rights of Abraaj Investment Management Limited, Riyada Managers B.V., Aureos South-East Asia Managers II Limited and Aureos Africa Managers Limited regarding Abraaj Africa Fund III, Abraaj Private Equity Fund IV, Abraaj North Africa Fund II, Aureos South-East Asia Fund II ve Aureos Africa Fund, by Actis Group. (19-06/50-17, 07.02.2019)
  • The Board authorized the establishment of a joint venture over Glocal BV, which is already included in Doğan Holding, between The Goldman Sachs Group, Inc. and Doğan Şirketler Grubu Holding A.Ş. (19-06/46-15, 07.02.2019)
  • The Board authorized the acquisition of all outstanding capital stocks of Amer Sports Oyj by ANTA Sports Products Limited and FountainVest China Capital Partners GP3 Ltd. (19-07/85-35, 13.2.2019)
  • The Board authorized the acquisition of the sole control of Modanisa Elektronik Mağazacılık ve Tic. A.Ş. by GLQ Holdings (UK) Ltd., which is under the control of Goldman Sachs Group Inc. (19-07/84-34, 13.2.2019)
  • The Board authorized the acquisition of the control of AGT Food and Ingredients Inc. by Fairfax Financial Holdings Limited or (19-07/80-32, 13.2.2019)
  • The Board authorized the acquisition of some production plants of Gürsüt San. ve Tic. A.Ş. and Progıda Gıda ve Yan Mamulleri San. ve Tic. A.Ş., by Ak Gıda San. ve Tic. A.Ş. (19-07/79-31, 13.2.2019)

Energy

  • The 2018 November Monthly Sector Report was published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 30.01.2019.
  • The EMRA Decisions dated 24.01.2019 and numbered 8391, 8392-1, 8392-2, 8393, 8394 were published in the Official Gazette dated 01.2019 and numbered 30667.
  • The EMRA Decisions dated 31.01.2019 and numbered 8402 and 8407-3 were published in the Official Gazette dated 02.2019 and numbered 30674.
  • The EMRA Decisions dated 31.01.2019 and numbered 8409, 8410, 8411, 8412 were published in the Official Gazette dated 02.2019 and numbered 30674.