Recent Keynotes of December 2018

International Agreements

• The Resolution of the President dated 19.11.2018 and numbered 2018/352 on Approval of the Annexed Financing Agreement of the IPA II 2017 Annual Action Program for Turkey signed in Ankara on 12.10.2018 with Notes was published in the Official Gazette dated 20.11.2018 and numbered 30601.
• The Resolution of the President dated 27.11.2018 and numbered 2018/386 on Approval of the Protocol on Cooperation Concerning Fields of Education and Training between the Gendarmerie General Command on behalf of the Government of the Republic of Turkey and Internal Troops on behalf of the Government of Mongolia was published in the Official Gazette dated 28.11.2018 and numbered 30609.
• The Resolution of the President dated 19.12.2018 and numbered 2018/480 on Approval of Amendment No. 1 to the Financing Agreement on the Annual Action Programme for Turkey for the Year 2015 was published in the Official Gazette dated 20.12.2018 and numbered 30631.

Resolutions of the President

• The Resolution of the President dated 18.12.2018 and numbered 2018/476 on the Amendment to the Resolutions of the Council of Ministers numbered 2009/14592, 2009/14593 and 2009/14594 on Inclusion of Certain Services in the Scope of Tax Deductions as per the Seventh Subparagraph of Article 11 of Tax Procedure Law No. 213, and Tax Deduction Rates in Article 94 of Income Tax Law No. 193, and Articles 15 and 30 of Corporate Income Tax Law No. 5520, was published in the Official Gazette dated 19.12.2018 and numbered 30630.

Legislation

• The Regulation on the Amendment to the Regulation for the Restructuring of Debts Owed to the Financial Sector entered into force through publication in the Official Gazette dated 21.11.2018 and numbered 30601.
• The Regulation on the Amendment to the Regulation Regarding Bank Cards and Credit Cards entered into force through publication in the Official Gazette dated 27.11.2018 and numbered 30608.
• The Regulation on the Amendment to the Regulation on Credit Transactions of Banks entered into force through publication in the Official Gazette dated 27.11.2018 and numbered 30608.
• 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 27.11.2018 and numbered 30608.
• The Tax Procedure Law General Communiqué (No:503) entered into force through publication in the Official Gazette dated 30.11.2018 and numbered 30611.
• The Regulation on the Determination of Investment Areas entered into force through publication in the Official Gazette dated 01.12.2018 and numbered 30611.
• The Regulation on the Amendment to the Regulation on State Contribution in the Individual Annuity Insurance Areas entered into force through publication in the Official Gazette dated 05.12.2018 and numbered 30616.
• The Law on the Amendment to the Certain Laws and Statutory Decrees on Healthcare entered into force through publication in the Official Gazette dated 05.12.2018 and numbered 30616, with the exception of Article 13, as it will enter into force on 01.04.2019.
• The Electronic Notification Regulation entered into force through publication in the Official Gazette dated 06.12.2018 and numbered 30617.
• The Law on the Amendment to the Environmental Law and Certain Laws entered into force through publication in the Official Gazette dated 10.12.2018 and numbered 30621.
• The Law on the Starting Procedure of the Legal Proceedings on the Pecuniary Claims Arising from Subscription Contracts was published in the Official Gazette dated 19.12.2018 and numbered 30630. Articles 10, 20 and 21 will enter into force on 01.01.2019, Articles 1 to 9, Provisional Article 1, and Articles 18 and 19, will enter into force on 01.06.2019.
• The Communiqué (III-52.3.ç) on the Amendment to the Communiqué (III-52.3) on the Principles Regarding Real Estate Investment Funds (III-52.3) entered into force through publication in the Official Gazette dated 20.12.2018 and numbered 30631.

Competition Board Decisions

• The Competition Board (“Board”) decided that the agreement on the products of Supradyn, Redoxon and Bepanthol to be signed between Bayer Türk Kimya Sanayi ve Ticaret Ltd. Şti. and the pharmacies shall be able to benefit from the group exemption within the scope of the Communique on the Group Exemption Regarding Vertical Agreements numbered 2002/2. (13.12.2018, 18-47/738-357)

Mergers and Acquisitions

• The Board decided that the acquisition of the entire shares of COPA Isı Sistemleri Sanayi ve Ticaret A.Ş. within the structure of the Coşkunöz Holding A.Ş., through “partial division” by Nuran BESLER, who is in the same economic integration, is not subject to authorization. (22.11.2018, 18-44/701-BD)
• The Board authorized the acquisition of the sole control over Apollo Aviation Holdings, which is a holding company of Apollo Aviation Group, by TC Group LLC, which is an indirect subsidiary of the Carlyle Group LP. (22.11.2018, 18-44/697-341)
• The Board authorized the acquisition of the hotels of Magic Life Water World Imperial, in Antalya, TUI Blue Marmaris and Bodrum Imperial, in Muğla, and Alaçatı Beach Resort, in İzmir, for leasing and operating by MP Hotel Management Turizm İnşaat Yatırım Ticaret A.Ş. (22.11.2018, 18-44/699-343)
• The Board authorized the acquisition of the entire shares of, and the sole control over, CastFutura Holdings S.p.A. by Robertshaw S.R.L. that is under the control of One Rock Capital Partners. (29.11.2018, 18-45/704-346)
• The Board authorized the acquisition of the entire shares of Peruni Holding GmbH at Comparex AG by SoftwareONE Holding AG that is under the control of KKR & Co. Inc. (06.12.2018, 18-46/714-348)
• The Board authorized the acquisition of the sole control of Eurasia Invest Holding AG by Mayr-Melnhof Packaging International GmbH. (06.12.2018, 18-46/715-349)
• The Board authorized the acquisition of certain shares of Tekno Maccaferri Çevre Teknolojileri Mühendislik San. ve Tic. A.Ş. by Officine Maccaferri S.P.A. (06.12.2018, 18-46/718-351)
• The Board authorized the formation of a joint venture of Essar Steel India Ltd. by ArcelorMittal S.A. and Nippon Steel & Sumitomo Metal Corporation. (06.12.2018,18-46/719-352)
• The Board authorized the acquisition of the entire shares of APM Terminalleri Liman İşletmeciliği A.Ş., which is held by APM Terminals Turkey Holding A.Ş., by Socar Turkey Enerji A.Ş. (06.12.2018, 18-46/727-353)
• The Board authorized the establishment of the joint control of Siam Mitsui PTA Company Limited and Thai PET Resin Company Ltd., which is already under the joint control of Mitsui Chemicals Inc. and SCG Chemicals Co. Ltd., by PTT Global Chemical Public Company Limited and its subsidiary, TOC Glycol Company Limited, together with Mitsui Chemicals Inc. (13.12.2018, 18-47/729-354)
• The Board authorized the acquisition of four stores of Makro Market A.Ş. located in Ankara, Amasya and Samsun by Migros Ticaret A.Ş. via the transfer of lease contracts. (13.12.2018, 18-47/736-356)

Energy

• Announcement on the cost of YEKDEM foreseen in 2019 per unit energy was published on the official website of the Energy Market Regulatory Authority (“EMRA”) on 13.12.2018.
• Announcement regarding the progress reports to be submitted to the Authority was published on the official website of EMRA on 19.12.2018.