Recent Keynotes of August 2022

Resolutions of the President

• 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 in the Official Gazette dated 21.07.2022 and numbered 31899.
• “The Resolution of the President dated 20.07.2022 and numbered 5806 on the Implementation of the Rate Determined in Terms of Periods Spent Outside the Technology Development Zones and R&D or Design Centers, to be Applied to the Total Number of Personnel Working in These Zones or the Total Working Periods Subject to Incentives as Seventy-Five Percent until 31.12.2023, and on the Abolishment of the Resolution of the President dated 16.10.2021 and numbered 4625, was published in the Official Gazette dated 21.07.2022 and numbered 31899. This Resolution is within the scope of the Income Tax Withholding Incentive contained in the Third Paragraph of Provisional Article 2 of Technology Development Zones Law numbered 4691 and the Second Paragraph of Article 3 of the Law numbered 5746 on Supporting Research, Development and Design Activities.”
• The Resolution of the President dated 21.07.2022 and numbered 5848 on the Amendment to the Import Regime Decree entered into force through its publication in the Official Gazette dated 22.07.2022 and numbered 31900.
• The Resolution of the President dated 26.07.2022 and numbered 5872 on the Application of the Exemption Stipulated under the Fourth Paragraph of Provisional Article 14 of Corporate Tax Law numbered 5520 to the Foreign Currencies in the Balance Sheets dated 30.06.2022 of the Institutions was published in the Official Gazette dated 27.07.2022 and numbered 31905.
• The Resolution of the President dated 27.07.2022 and numbered 5902 on the Amendment to the Resolution on the Application of Additional Customs Duty on Imports entered into force through its publication in the Official Gazette dated 28.07.2022 and numbered 31906.
• The Resolution dated 17.08.2022 and numbered 5973 on Export Aids entered into force through its publication in the Official Gazette dated 18.08.2022 and numbered 31927.

Legislation

• General Communiqué on Collection (Serial: C Sequence No: 6) entered into force through its publication in the Official Gazette dated 21.07.2022 and numbered 31899.
• General Communiqué on Collection (Serial: B Sequence No: 13) entered into force through its publication in the Official Gazette dated 21.07.2022 and numbered 31899.
• General Communiqué on Collection (Serial: B Sequence No: 14) entered into force through its publication in the Official Gazette dated 21.07.2022 and numbered 31899.
• General Communiqué on Tax Procedural Law (Serial No: 539) entered into force through its publication in the Official Gazette dated 23.07.2022 and numbered 31901.
• The Communiqué (Sequence No: 540) on the Amendment to the General Communiqué on Tax Procedural Law (Sequence No: 459) entered into force through its publication in the Official Gazette dated 23.07.2022 and numbered 31901.
• The Communiqué on the Procedures and Principles Regarding the Minimum Content of the Articles of Association, Shareholding Structure, Shareholding, Capital and Bodies of Sports Joint Stock Companies entered into force through its publication in the Official Gazette dated 26.07.2022 and numbered 31904.
• The Communiqué (Serial No: 10) on the Amendment to the Special Consumption Tax List numbered (II) Implementation General Communiqué entered into force through its publication in the Official Gazette dated 26.07.2022 and numbered 31904.
• The Communiqué on Safeguarding Measures in Imports (No: 2022/2) entered into force through publication in the Official Gazette dated 27.07.2022 and numbered 31905.
• The Regulation on the Amendment to the Regulation on the Petroleum Market License entered into force through its publication in the Official Gazette dated 28.07.2022 and numbered 31906.
• The Regulation on the Amendment to the Regulation on Liquefied Petroleum Gases (LPG) Market Licenses entered into force through its publication in the Official Gazette dated 28.07.2022 and numbered 31906.
• The Regulation on Environmental Impact Assessment entered into force through its publication in the Official Gazette dated 29.07.2022 and numbered 31907.
• The Regulation on the Amendment to the Regulation on Medical Devices for In Vitro Diagnostic Purposes was published in the Official Gazette dated 29.07.2022 and numbered 31907. The provisions of the Regulation will enter into force on different dates.
• The Regulation on the Amendment to the Regulation on Medical Devices entered into force through its publication in the Official Gazette dated 29.07.2022 and numbered 31907.
• The Communiqué on the Amendment to the Communiqué on the Evaluation and Ordering of Applications for Construction Inspection Permit Certificates entered into force through its publication in the Official Gazette dated 30.07.2022 and numbered 31908.
• The Regulation on the Amendment to the Reconciliation Regulation entered into force through its publication in the Official Gazette dated 04.08.2022 and numbered 31913.
• The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/22) entered into force through its publication in the Official Gazette dated 04.08.2022 and numbered 31913.
• The General Communiqué on the Recovery of Certain Assets to the Economy (Serial No: 1) entered into force through its publication in the Official Gazette dated 09.08.2022 and numbered 31918.
• The Regulation on the Amendment to the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through its publication in the Official Gazette dated 11.08.2022 and numbered 31920.
• The Communiqué on the Amendment to the Communiqué on Compliance with Interest-Free Banking Principles and Standards entered into force through its publication in the Official Gazette dated 13.08.2022 and numbered 31922.
• The Regulation on the Amendment to the Regulation on the Trade of Second-Hand Motor Vehicles entered into force through its publication in the Official Gazette dated 16.08.2022 and numbered 31925.
• The Regulation on the Amendment to the Regulation on the Control of Medical Waste entered into force through its publication in the Official Gazette dated 18.08.2022 and numbered 31927.
• The Regulation on the Amendment to the Regulation on Shopping Centers entered into force through its publication in the Official Gazette dated 18.08.2022 and numbered 31927.
• The Regulation on the Amendment to the Regulation on the Principles and Rules Applicable to Retail Trade entered into force through its publication in the Official Gazette dated 18.08.2022 and numbered 31927.
• The Regulation on the Amendment to the Regulation on Installment Sales Agreements was published in the Official Gazette dated 18.08.2022 and numbered 31927. The Communiqué will enter into force on 01.10.2022.
• The Communiqué on the Amendment to the Communiqué on the Procedures and Principles for Informing Customers and the Public within the Scope of Interest-Free Banking Principles and Standards entered into force through its publication in the Official Gazette dated 18.08.2022 and numbered 31927.
• The Regulation on the Amendment to the Regulation on Conciliation Before Assessment entered into force through its publication in the Official Gazette dated 20.08.2022 and numbered 31929.
• The Communiqué (No: 2022/23) on the Amendment to the Communiqué (No: 2022/20) on Securities Maintenance of Turkish Lira-Denominated Securities for Foreign Currency Liabilities entered into force through its publication in the Official Gazette dated 20.08.2022 and numbered 31929.
• The Communiqué (No: 2022/24) on the Amendment to the Communiqué on Required Reserves (No: 2013/15) was published in the Official Gazette dated 20.08.2022 and numbered 31929. The Communiqué will enter into force on 16.09.2022.

Competition Board Decisions

• The Competition Board (“Board") issued a negative clearance certificate for the agreement between Doğuş Otomotiv Servis ve Ticaret A.Ş. and ADP Oto Sanayi ve Ticaret Ltd. Şti. regarding consultancy services for spare parts, market research, and maintenance and repair market research, pursuant to Article 8 of Law numbered 4054. (21.07.2022, 22-33/525-211)

Mergers and Acquisitions

• The Board authorized the acquisition of Kayseri Cement Plant, Niğde Cement Plant, Ankara Grinding Plant, equipment and machinery at Malatya Packaging Plant and assets of Ambar, Nevşehir, Aksaray, Kahramanmaraş, Ereğli, Başakpınar and Cırgalan Ready-Mixed Concrete Plants of Çimsa Çimento San. ve Tic. A.Ş. by Ferpa İnşaat Sanayi Petrol Ürünleri Tic. ve Paz. Ltd. Şti. (21.07.2022, 22-33/537-216)
• The Board decided that the possible acquisition to be carried out by the bidders Doruk Madencilik Sanayii ve Ticaret A.Ş. and Cengiz Enerji Sanayii ve Ticaret A.Ş. regarding the privatization to be realized by transferring Adularya Energy Production Commercial and Economic Entity and the movable and immovable properties, licenses and permits used by this economic entity, is an acquisition within the scope of Article 7 of Law numbered 4054; however, this transaction is not subject to the authorization of the Competition Board since the turnover thresholds defined in Communiqué numbered 2010/3 on the Procedures and Principles to be Pursued in Pre-Notifications and Authorization Applications to be Filed with the Competition Authority in order for Acquisitions through Privatization to Become Legally Valid were not exceeded. (21.07.2022, 22-33/538-217)

Energy

• The Decisions of the Energy Market Regulatory Authority (“EMRA”) dated 21.07.2022 and numbered 11075, 11076, 11077 were published in the Official Gazette dated 23.07.2022 and numbered 31901.
• The decisions of EMRA dated 28.07.2022 and numbered 11082, 11083, 11090 and 11095 were published in the Official Gazette dated 29.07.2022 and numbered 31907. These decisions enter into force on different dates.
• The decision of EMRA dated 04.08.2022 and numbered 11108 was published in the Official Gazette dated 06.08.2022 and numbered 31915.
• The decision of EMRA dated 08.08.2022 and numbered 11114 was published in the Official Gazette dated 09.08.2022 and numbered 31918.
• The decision of EMRA dated 04.08.2022 and numbered 11098 was published in the Official Gazette dated 11.08.2022 and numbered 31920.
• The decision of EMRA dated 11.08.2022 and numbered 11119 entered into force through publication in the Official Gazette dated 13.08.2022 and numbered 31922.
• The decision of EMRA dated 18.08.2022 and numbered 11128 was published in the Official Gazette dated 19.08.2022 and numbered 31928.