Recent Keynotes of December 2019

December 2019
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International Agreements

  • The Resolution on the Approval of Memorandum of Understanding regarding the Limitations on Marine Jurisdictional Area in the Mediterranean Sea between Turkish Government and the Libyan Government (Resolution No:1815) was published in the Official Gazette dated 07.12.2019 and numbered 30971.
  • The Resolution on the Approval of the Amendment Protocol Signed by Exchange of Letters on Renewal of the Termination Dates of Six Finance Agreements from 2008-2010 Signed Under an Instrument for Pre-Accession Assistance (IPA) between the Turkish Government and the European Commission (Resolution No: 1828) was published in the Official Gazette dated 13.12.2019 and numbered 30977.

Resolutions of the Parliament

  • The Resolution on Condemnation, Rejection and Declaration to render the Resolution of the Senate of the USA Null and Void was published in the Official Gazette dated 14.12.2019 and numbered 30978.

Resolutions of the President

  • The Resolution of the President dated 03.12.2019 and numbered 1814 on Transfer of Türkiye Vakıflar Bankası Türk Anonim Ortaklığı Shares Managed and Represented by the General Directorate for Foundations, Excluding Other Appendant Foundations to the Treasury entered into force through publication in the Official Gazette dated 04.12.2019 and numbered 30968.
  • The Resolution of the President dated 11.12.2019 and numbered 1821 on Amendment to the Resolution regarding the Application of Tariff Quota on the Import of Certain Agricultural Products from Bosnia-Herzegovina entered into force through publication in the Official Gazette dated 12.12.2019 and numbered 30976.
  • The Resolution of the President dated 11.12.2019 and numbered 1822 on Additional Resolution of the Import Regime Resolution entered into force through publication in the Official Gazette dated 12.12.2019 and numbered 30976.
  • The Resolution of the President dated 14.12.2019 and numbered 1835 on Amendment to the Resolution on the Application of Tariff Quota on the Import of Legumes and Grains entered into force through publication in the Official Gazette dated 15.12.2019 and numbered 30979.

Legislation

  • The Communiqué on Application of Supervision of Imports (No: 2019/8) was published in the Official Gazette dated 21.11.2019 and numbered 30955. The Communiqué enters into force on the thirtieth day from its publication.
  • The Communiqué on Application of Supervision of Imports (No: 2019/9) was published in the Official Gazette dated 22.11.2019 and numbered 30956. The Communiqué enters into force on the thirtieth day from its publication.
  • The Law on the Amendment to the Law on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions and Various Other Laws entered into force through publication in the Official Gazette dated 22.11.2019 and numbered 30956.
  • The Regulation on the Amendment to the Regulation on Highways Transportation entered into force through publication in the Official Gazette dated 23.11.2019 and numbered 30957.
  • The Regulation on Marine Accidents and Inspecting these Incidents entered into force through publication in the Official Gazette dated 27.11.2019 and numbered 30961.
  • The Regulation on the Amendment to the Regulation on Leasing, Factoring and Accounting Applications and Financial Tables of Financial Institutions entered into force through publication in the Official Gazette dated 27.11.2019 and numbered 30961. The Regulation enters into force on 19.07.2019.
  • The Regulation on the Amendment to the Regulation on Principles and Procedures of Classification of Loans and Considerations was published in the Official Gazette dated 27.11.2019 and numbered 30961. The Regulation entered into force as of 19.07.2019.
  • The Communiqué on the Application of the Regulation on the Qualifications of Tourism Facilities (Communiqué No: 2019/1) entered into force through publication in the Official Gazette dated 27.11.2019 and numbered 30961.
  • The Regulation on the Amendment to the Regulation on Environmental Impact Assessment entered into force through publication in the Official Gazette dated 28.11.2019 and numbered 30962.
  • The Communiqué on the Competence for Environmental Impact Assessment entered into force through publication in the Official Gazette dated 29.11.2019 and numbered 30963.
  • The Regulation on the Amendment to the Regulation on Principles and Procedures of Authorization and Activities of Rating Agencies entered into force through publication in the Official Gazette dated 03.12.2019 and numbered 30967.
  • The General Communiqué on the Income Tax (Serial No: 309) entered into force through publication in the Official Gazette dated 03.12.2019 and numbered 30967.
  • The Communiqué on the Application of Support Management System of Ministry of Commerce (Export: 2019/7) entered into force through publication in the Official Gazette dated 03.12.2019 and numbered 30967.
  • The 2019 October List of Investment Incentive Documents, the 2019 October List of Investment Incentive Documents Having Completion Visa and the List of Cancelled Investment Incentive Documents were published in the Official Gazette dated 04.12.2019 and numbered 30968.
  • The Regulation on the Amendment to the General Regulation on Foundation and Working Principles of the Central Barter Institution entered into force through publication in the Official Gazette dated 05.12.2019 and numbered 30969. Article 9 of the Regulation enters into force on 30.06.2020.
  • The Law on the Amendment to the Law on Digital Service Tax and Various Laws and Statutory Decree numbered 375 was published in the Official Gazette dated 07.12.2019 and numbered 30971. The provisions of the Law enter into force on different dates pursuant to Article 52 of the Law.
  • Tariff on the Amendment to the Minimum Attorney Fee Tariff entered into force through publication in the Official Gazette dated 07.12.2019 and numbered 30971.
  • The Communiqué on the Amendment to the Communiqué (Numbered: 2013/15) Mandatory Considerations (Numbered: 2019/19) was published in the Official Gazette dated 09.12.2019 and numbered 30973. The Communiqué entered into force as of 29.11.2019.
  • The Communiqué regarding the Periodic Disqualification of International Supervision Company was published in the Official Gazette dated 10.12.2019 and numbered 30974. The Communiqué enters into force on the fifteenth day from its publication.
  • The Regulation on the Amendment to the Regulation on the Approval of Electricity Plants entered into force through publication in the Official Gazette dated 11.12.2019 and numbered 30975.
  • The Regulation on the Amendment of the Regulation on Determination of the Alternative Origin under the Pan-European Mediterranean System of Cumulation of Origin was published in the Official Gazette dated 11.12.2019 and numbered 30975. This Regulation entered into force as of 01.12.2019.
  • The Regulation on the Amendment of the Regulation on Determination of the Origin of Goods Under the Scope of Pan-European Mediterranean Regional Convention on Alternative Origin Rules was published in the Official Gazette dated 11.12.2019 and numbered 30975. The Regulation entered into force as of 01.12.2019.
  • The Regulation on the Amendment to the Regulation on Immovable Commerce was published in the Official Gazette dated 11.12.2019 and numbered 30975. The Regulation entered into force as of 05.12.2019.
  • The Regulation on the Amendment to the Regulation of the Trade Registry entered into force through publication in the Official Gazette dated 12.12.2019 and numbered 30976.
  • The Regulation on the Amendment to the Regulation of Natural Gas Market Certificates entered into force through publication in the Official Gazette dated 13.12.2019 and numbered 30977.
  • The Regulation on the Amendment to the Regulation on the Principles and Procedures Regarding Transactions of Directorate of the Land Registry on Immovables Registered in their Jurisdictions was published in the Official Gazette dated 14.12.2019 and numbered 30978. The Regulation enters into force in 01.01.2020.
  • The Communiqué on the Amendment to the Communiqué on Market Business Income entered into force through publication in the Official Gazette dated 15.12.2019 and numbered 30979.

Protection of Personal Data Board Decision

  • The Protection of Personal Data Board decided that usage of software/program/applications enabling the inquiry of ID numbers and contact information of persons by certain attorneys/legal offices, and certain persons and institutions active in the finance, real estate consultancy, insurance, etc. markets qualifies as a breach of legislation regarding protection of personal data.

Competition Board Decisions

  • The Competition Board (“Board”) decided that Authorized Dealership Contract for Paşabahçe Cam San. Ve Tic. A.Ş. for the distribution of glass/porcelain household items line benefits from the block exemption under the Block Exemption Communiqué on Vertical Agreements (Communiqué No: 2002/2) for porcelain household/table goods, decided to grant individual exemption to the Authorized Dealership Contract regarding glass household goods, pursuant to Article 5 of the Law numbered 4054 since it meets the listed criteria and granted a maximum three years’ exemption for the Contract, including the first year if renewed under the same conditions. (12.12.2019, 19-44/737-314)
  • The Board decided that “Agency Contract for Non-Life Insurance” signed between HDI Sigorta A.Ş. and Alternatif Bank A.Ş. and Alternatif Finansal Kiralama A.Ş. benefits from the block exemption under the Block Exemption Communiqué on Vertical Agreements (Communiqué No: 2002/2).(22.11.2019, 19-41/682-295)

Mergers & Acquisitions

  • The Board authorized the establishment of a joint venture through transfer of eResearch Technology Inc.’s shares to Astorg Asset Management S.a.r.l. (12.12.2019, 19-44/730-310)
  • The Board authorized the acquisition of the sole control of Artı Seyahat Acentası Tekstil Sanayi ve Ticaret A.Ş. by Borlease Otomotiv A.Ş. (12.12.2019, 19-44/733-313)
  • The Board authorized the acquisition of the sole control of Yalçın Tekstil Boya ve Apre Sanayi ve Ticaret A.Ş. by Aster Tekstil Sanayi ve Dış Ticaret A.Ş. (12.12.2019, 19-44/738-315)
  • The Board authorized the acquisition of the joint control of Steel Center Europe S.R.O. by Bamesa Aceros S.L. (12.12.2019, 19-44/739-316)
  • The Board authorized the establishment of the joint control of Sanovel İlaç San. ve Tic. A.Ş. and its subsidiaries by Yamma Investments, Ahmet Toksöz and Zafer Toksöz. (12.12.2019, 19-44/743-317)
  • The Board authorized the acquisition of the sole control of Ekin Kimya Ticaret A.Ş. by Azelis S.A. (05.12.2019, 19-43/713-306)
  • The Board authorized the establishment of the joint control of Öztiryakiler Madeni Eşya Sanayi ve Ticaret A.Ş. by Hoshizaki Europe Holdings B.V., which is a subsidiary of Hoshizaki Corporation and Yusuf Kenan Öztiryaki, Tahsin Öztiryaki and Atakan Öztiryaki. (05.12.2019, 19-43/717-307)
  • The Board authorized the establishment of the joint control of SKC Co. Ltd.’s certain shares of its South Korean-origined chemical business line by Petrochemical Industries Company K.S.C and SKC Co., Ltd. through acquisition by Petrochemical Industries Company K.S.C. (29.11.2019, 19-42/669-298)
  • The Board authorized the transfer of the sole control of JMB Solar Nogara SAS and Quadran Nogara SAS, formerly acquired by Total Quadran S.A.S., to La Caisse des Dépôts et Consignations. (29.11.2019, 19-42/700-299)
  • The Board authorized the acquisition of the sole control of Turkaş Gıda Hizmet ve İşletmecilik A.Ş. by Sofra Yemek Üretim ve Hizmet A.Ş. (29.11.2019, 19-42/702-300)
  • The Board authorized the acquisition of Merve Optik San. ve Tic. A.Ş. by the Demirel Family, pursuant to the Board’s conditional approval decision dated 01.10.2018 and numbered 18-36/585-286, regarding the merger of Essilor International S.A. and Luxottica Group S.p.A. (29.11.2019, 19-42/703-301)
  • The Board authorized the acquisition of the sole control of certain assets of Takeda Pharmaceuticals International AG and its subsidiaries by Acino International AG. (29.11.2019, 19-42/704-302)
  • The Board authorized the indirect acquisition of the sole control of Vetrerie Riunite S.p.A. by Sun Capital Partners, Inc. (29.11.2019, 19-42/707-305)
  • The Board authorized the acquisition of the sole control of Ingersoll-Rand U.S. HoldCo, Inc. by Gardner Denver Holdings, Inc. (22.11.2019, 19-41/672-289)
  • The Board authorized the acquisition of the sole control of Primetals Technologies Limited by Mitsubishi Heavy Industries Ltd., which jointly controlled Primetals Technologies Limited, through its subsidiary Mitsubishi-Hitachi Metals Machinery, Inc. (22.11.2019, 19-41/673-290)
  • The Board authorized the ultimate acquisition of the joint control of H.L. Barentz B.V., indirectly, by Cinven Capital Management (VI) General Partner Limited and Stichting Barentz Beheer. (22.11.2019, 19-41/676-291)
  • The Board authorized the ultimate acquisition of the sole control of Johnson Controls Autobatterie GmbH & Co. KGaA by Brookfield Asset Management Inc. (22.11.2019, 19-41/679-293)
  • The Board decided that the acquisition of the sole control of Azur Havacılık A.Ş. by ATG Yönetim Danışmanlığı Organizasyon Turizm İnşaat Taşımacılık San. ve Tic. A.Ş. is not subject to authorization. (22.11.2019, 19-41/691-BD)

Energy

  • Announcement on the progress reports to be submitted was published on the official website of the Energy Market Regulatory Authority on 12.2019.

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