Recent Keynotes of December 2022
International Agreements
- The Resolution of the President dated 23.11.2022 and numbered 6416 on the Approval of the Economic and Financial Cooperation Agreement - Additional Agreement - signed between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus on 14.04.2022 was published in the Official Gazette dated 24.11.2022 and numbered 32023.
- The Resolution of the President dated 12.12.2022 and numbered 6535 on the Approval of the Agreement on Reciprocal Promotion and Protection of Investments between the Government of the Republic of Turkey and the Government of the Republic of Belarus was published in the Official Gazette dated 13.12.2022 and numbered 32042.
- The Resolution of the President dated 12.12.2022 and numbered 6534 on the Approval of the Memorandum of Understanding on Cooperation in the Field of Energy between the Government of the Republic of Turkey and the Government of the United Arab Emirates was published in the Official Gazette dated 13.12.2022 and numbered 32042.
- The Resolution of the President dated 14.12.2022 and numbered 6557 on the Approval of the Administrative Agreement on the Enforcement of the Social Security Agreement between the Government of the Republic of Turkey and the Government of the Islamic Republic of Iran was published in the Official Gazette dated 15.12.2022 and numbered 32044.
Resolutions of the President
- The Resolution of the President dated 23.11.2022 and numbered 6417 on the Re-Determination of the Special Consumption Tax Bases to which the Special Consumption Tax Rates of Certain Goods in List No. (II) Annexed to the Special Consumption Tax Law No. 4760 Will Be Applied entered into force through publication in the Official Gazette dated 24.11.2022 and numbered 32023.
- The Resolution of the President dated 29.11.2022 and numbered 6435 on the Amendment to the Resolution on State Aids in Investments entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029. Article 3 of the Resolution entered into force to be effective as of 28.07.2021.
- The Resolution of the President dated 29.11.2022 and numbered 6434 on the Determination of Companies Subject to Independent Audit was published in the Official Gazette dated 30.11.2022 and numbered 32029. The Resolution enters into force on 01.01.2023.
- The Resolution of the President dated 12.12.2022 and numbered 6539 on the Amendment to the Import Regime Resolution entered into force through publication in the Official Gazette dated 13.12.2022 and numbered 32042.
- The Resolution of the President dated 13.12.2022 and numbered 6542 on the Amendment to the Resolution on the Pricing of Medicinal Products for Human Use entered into force through publication in the Official Gazette dated 14.12.2022 and numbered 32043.
- The Resolution of the President dated 14.12.2022 and numbered 6561 Regarding the Determination of the Effective Dates of Certain Agreements was published in the Official Gazette dated 15.12.2022 and numbered 32044.
- The Resolution of the President dated 16.12.2022 and numbered 6563 on the Amendment to the Resolution Regarding the Support of Deposit and Participation Accounts against Exchange Rate Increases entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
- The Resolution of the President dated 16.12.2022 and numbered 6564 on the Amendment to the Resolution on the Support of Investments under the Incentive Centers Program entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
Legislation
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/35) entered into force through publication in the Official Gazette dated 23.11.2022 and numbered 32022.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/33) entered into force through publication in the Official Gazette dated 24.11.2022 and numbered 32023.
- The General Communiqué on Tax Procedure Law (No: 542) was published in the Official Gazette dated 24.11.2022 and numbered 32023.
- The Regulation on the Amendment of the Regulation on the General Principles of Waste Pretreatment and Recovery Facilities entered into force through publication in the Official Gazette dated 24.11.2022 and numbered 32023.
- The Communiqué on the Amendment of the Communiqué on Mandatory Earthquake Insurance Tariff and Instruction entered into force through publication in the Official Gazette dated 25.11.2022 and numbered 32024.
- The Communiqué on the Amendment of the Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services entered into force through publication in the Official Gazette dated 25.11.2022 and numbered 32024.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/34) entered into force through publication in the Official Gazette dated 25.11.2022 and numbered 32024.
- The Regulation on the Amendment of the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers entered into force through publication in the Official Gazette dated 25.11.2022 and numbered 32024.
- The Communiqué on the Amendment of the Communiqué on Prevention of Unfair Competition in Imports (No: 2022/21) entered into force through publication in the Official Gazette dated 26.11.2022 and numbered 32025.
- The Law numbered 7421 on the Amendment of the Tax Procedure Law and Certain Laws entered into force through publication in the Official Gazette dated 26.11.2022 and numbered 32025.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/36) entered into force through publication in the Official Gazette dated 29.11.2022 and numbered 32028.
- The Communiqué on the Amendment of the Communiqué on Prevention of Unfair Competition in Imports (Communiqué No: 2022/33) entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029.
- The Communiqué on Turkish Food Codex Fermented Dairy Products (No: 2022/44) entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029.
- The Regulation on the Duties, Powers and Liabilities and Operating Procedures and Principles of the National Control Laboratory of the Turkish Medicines and Medical Devices Agency entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029.
- The Regulation on the Amendment of the Regulation on the Transportation of Dangerous Goods by Sea and Safe Embarkment entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029.
- The Regulation on Environmental Noise Control entered into force through publication in the Official Gazette dated 30.11.2022 and numbered 32029.
- The Regulation on Organizational Structure and Staff in Nuclear Facilities entered into force through publication in the Official Gazette dated 01.12.2022 and numbered 32030.
- The Communiqué (Generalized System of Preferences) (No: 7) on the Amendment of the Communiqué on Customs General (Generalized System of Preferences) (No: 2) was published in the Official Gazette dated 03.12.2022 and numbered 32032. This Communiqué enters into force on the date of its publication, effective as of 01.11.2022.
- The Communiqué (No: 543) on the Amendment of the General Communiqué on the Tax Procedure Law (Sequence No: 396) was published in the Official Gazette dated 03.12.2022 and numbered 32032. This Communiqué enters into force on the date of its publication to be applied to the notification forms to be submitted for the notification period following the date of its publication.
- The Regulation on the Amendment of the Regulation on the Principles and Rules to be Implemented in Retail Trade entered into force through publication in the Official Gazette dated 07.12.2022 and numbered 32036.
- The Regulation on the Environmental Management of Shipyards, Boat Manufacturing and Dockyards entered into force through publication in the Official Gazette dated 07.12.2022 and numbered 32036.
- The Regulation on Organ Transplantation Services entered into force through publication in the Official Gazette dated 09.10.2022 and numbered 32038.
- The Communiqué on the Amendment of the Communiqué on Prevention of Unfair Competition in Imports (No: 2022/36) was published in the Official Gazette dated 10.10.2022 and numbered 32039. This Communiqué enters into force on the date of its publication, effective as of 29.11.2022.
- The Communiqué on the Amendment of the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2018/2) was published in the Official Gazette dated 10.10.2022 and numbered 32039. This Communiqué enters into force on the 15th day following its publication.
- The Regulation on the Amendment to the Regulation on the Calculation and Implementation of the Foreign Currency Net General Position / Equity Standard Ratio by Banks on Consolidated and Unconsolidated Basis was published in the Official Gazette dated 10.10.2022 and numbered 32039. The provisions of this Regulation enter into force on different dates.
- The Regulation on the Amendment of the Regulation on Dialysis Centers entered into force through publication in the Official Gazette dated 10.12.2022 and numbered 32039.
- The Regulation on the Amendment of the Regulation on the Qualifications of Tourism Facilities entered into force through publication in the Official Gazette dated 10.12.2022 and numbered 32039.
- Law numbered 7423 on the Amendment of the Law on the Regulation of Tobacco, Tobacco Products and Alcohol Market and Certain Laws was published in the Official Gazette dated 10.12.2022 and numbered 32039. The provisions of this Law enter into force on different dates.
- The Mining Regulation entered into force through publication in the Official Gazette dated 11.12.2022 and numbered 32040.
- The Regulation Amending the Regulation on the Procedures and Principles Regarding the Registered Electronic Mail System entered into force through publication in the Official Gazette dated 13.12.2022 and numbered 32042.
- The Communiqué on the Implementation of Surveillance in Imports (No: 2022/3) was published in the Official Gazette dated 14.12.2022 and numbered 32043. This Communiqué enters into force on the 30th day following the date of publication.
- The General Communiqué on Accommodation Tax Implementation was published in the Official Gazette dated 14.12.2022 and numbered 32043. This Communiqué enters into force on 01.01.2023.
- The Communiqué on the Minimum Fee Tariff for Expert Witnesses for the Year 2023 was published in the Official Gazette dated 14.12.2022 and numbered 32043. This Communiqué enters into force on 01.01.2023.
- The Regulation Amending the Regulation on Licensing of Medicinal Products for Human Use was published in the Official Gazette dated 14.12.2022 and numbered 32043. This Regulation entered into force on the date of publication, effective as of 11.12.2022.
- The Regulation on the Procedures and Principles Amending the Procedures and Principles on Internal Control and Preliminary Financial Control entered into force through publication in the Official Gazette dated 14.12.2022 and numbered 32043.
- The Communiqué on the Amendment to the Communiqué on Administrative Procedures of Regulation on Water Pollution Control entered into force through publication in the Official Gazette dated 16.12.2022 and numbered 32045.
- The Communiqué on the Amendment to the Communiqué on Sampling and Analysis Methods of Regulation on Water Pollution Control entered into force through publication in the Official Gazette dated 16.12.2022 and numbered 32045.
- The Communiqué on Increasing the Monetary Limits in Articles 68 of Consumer Protection Law numbered 6502 and Article 6 of the Regulation on Consumer Arbitration Committees was published in the Official Gazette dated 16.12.2022 and numbered 32045. This Communiqué enters into force on 01.01.2023.
- The Communiqué on Administrative Fines to be Imposed in 2023 Pursuant to Article 77 of the Consumer Protection Law numbered 6502 was published in the Official Gazette dated 16.12.2022 and numbered 32045. This Communiqué enters into force on 01.01.2023.
- The Regulation on the Amendment to the Regulation on Water Pollution Control entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
- The Regulation on the Amendment to the Regulation on Private Healthcare Institutions Providing Outpatient Diagnosis and Treatment entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
- The Regulation on the Amendment to the Regulation on Private Hospitals entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
- The Regulation on the Amendment to the Regulation on Independent Audit entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
- The General Communiqué on Customs (Customs Transactions) (Serial No: 189) was published in the Official Gazette dated 17.12.2022 and numbered 32046. This Communiqué enters into force on 01.01.2023.
- The Communiqué on the Implementation of Surveillance in Imports (No: 2022/4) was published in the Official Gazette dated 17.12.2022 and numbered 32046. This Communiqué enters into force on the thirtieth day following the date of publication.
- The Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2022/2) was published in the Official Gazette dated 17.12.2022 and numbered 32046. This Communiqué enters into force on the date of its publication, effective as of 24.11.2022.
- The Communiqué on Safeguard Measures in Imports (No: 2022/4) entered into force through publication in the Official Gazette dated 17.12.2022 and numbered 32046.
Competition Board Decisions
- The Competition Board (“Board”) decided that no action is required regarding the allegation that Martı İleri Teknoloji A.Ş. and Mobilite Teknoloji Çözümleri A.Ş. breached the notification obligation under Law numbered 4054 by causing an unauthorized concentration transaction. (05.12.2022, 22-33/527-214)
- In a decision dated 14.04.2022 and numbered 22-17/285-M, the Board decided that Martı İleri Teknoloji A.Ş. had provided a false/misleading response to the information request made under Article 14 within the scope of a preliminary investigation, and therefore imposed an administrative fine pursuant to subparagraph (c) of the first paragraph of Article 16 of Law numbered 4054. (05.12.2022, 22-33/527-213)
Mergers and Acquisitions
- The Board authorized the acquisition of sole control of C.B.K. Soft Yazılım Donanım Elektronik ve Bilgisayar Sistemleri Sanayi Ticaret A.Ş. by Iron Mountain Incorporated through Information Fort LLC, which already has joint control over it. (23.11.2022, 22-52/788-324)
- The Board authorized the acquisition of certain shares of Asta Cennetköy Turizm ve İşletmecilik Anonim Şirketi by PD Turizm ve Gayrimenkul Anonim Şirketi (23.11.2022, 22-52/780-322)
- The Board authorized the acquisition of sole control of Pharmalex Holding GmbH by AmerisourceBergen Corporation (23.11.2022, 22-52/775-319)
- The Board decided that the acquisition of some shares of Birleşik Ödeme Hizmetleri ve Elektronik Para A.Ş. by Re-Pie Portföy Yönetimi A.Ş. Fibabanka Yıldız Girişim Sermayesi Yatırım Fonu is not subject to authorization. (01.12.2022, 22-53/818-BD)
- The Board authorized the acquisition of a number of shares of Vepara Elektronik Para ve Ödeme Hizmetleri A.Ş. by Hedef Holding A.Ş. and its subsidiary Hedef Girişim Sermayesi Yatırım Ortaklığı AŞ. (01.12.2022, 22-53/816-335)
- The Board authorized the acquisition of sole control of Cigna Sağlık Hayat ve Emeklilik AŞ by QNB Finansbank AŞ. (01.12.2022, 22-53/812-334)
- The Board authorized the establishment of a full-function joint venture between Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft in München and Assicurazioni Generali S.p.A. on Saxon Land B.V. (01.12.2022, 22-53/800-328)
- The Board authorized the acquisition of the sole negative control of HERE International B.V. by Mitsubishi Corporation. (1.12.2022, 22-53/796-326)
- The Board authorized the establishment of a full-functional joint venture, titled AHEAD GmbH, through the transfer of shares by ZF Friedrichshafen AG, HELLA GmbH & Co. KGaA, NGK SPARK PLUG EUROPE GmbH and Clarios Germany GmbH & Co. KG. (08.12.2022, 22-54/843-348)
- The Board authorized the acquisition of a number of shares of Hızlıpara Ödeme Hizmetleri ve Elektronik Para A.Ş. through capital increase by venture capital investment funds established and managed by Re-Pie Portföy Yönetimi A.Ş. (08.12.2022, 22-54/842-347)
- The Board authorized the acquisition of all shares of TEB Finansman A.Ş. by Türk Ekonomi Bankası AŞ. (08.12.2022, 22-54/830-340)
- The Board authorized the acquisition of sole control of UNIPER SE by the German Federal Ministry of Finance (Bundesministerium der Finanzen). (08.12.2022, 22-54/824-337)
- The Board authorized the acquisition of the joint control of Ace Academy Teknoloji A.Ş. by Playtika Holding Corp. through Playtika UK-House of Fun Limited. (08.12.2022, 22-54/824-337)
- The Board decided that the acquisition of all shares of Zigana Enerji ve Yatırım AŞ by Makyol İnşaat Sanayi Turizm ve Ticaret A.Ş. is not subject to authorization. (15.12.2022, 22-55/859-BD)
- The Board authorized the acquisition of a certain percentage of the shares of Defacto Perakende Ticaret Anonim Şirketi by the European Bank for Reconstruction and Development. (15.12.2022, 22-55/872-359)
- The Board authorized the acquisition of sole control of Altra Industrial Motion Corp. by Regal Rexnord Corporation. (15.12.2022, 22-55/858-356)
- The Board authorized the establishment of a full-functional joint venture between Itochu International Inc., Tokyo Century (USA) Inc. and Hitachi Construction Machinery Americas Inc. (15.12.2022, 22-55/857-355)
- The Board authorized the acquisition of shares giving Mitsubishi Corporation control rights in Good Life Design Co. Ltd, which is jointly controlled by Toyota Motor Corporation and Mitsubishi Corporation, by Toyota Tsusho Corporation. (15.12.2022, 22-55/855-354)
Energy
- The Decisions of the Energy Market Regulatory Authority (“EMRA”) dated 17.11.2022 and numbered 11410 was published in the Official Gazette dated 22.11.2022 and numbered 32021.
- The Decisions of EMRA dated 24.11.2022 and numbered 11412/1-2 were published in the Official Gazette dated 25.11.2022 and numbered 32024.
- The Decisions of EMRA dated 08.12.2022 and numbered 11435, 11436-1, 11436-2, 11436-3, 11437, 11438, 11439 entered into force through publication in the Official Gazette dated 13.12.2022 and numbered 32042.
- The Decisions of EMRA dated 15.12.2022 and numbered 11456, 11458, 11459, 11460, 11461, 11462, 11463, 11464, 11465 were published in the Official Gazette dated 17.12.2022 and numbered 32046. These Decisions enter into force on different dates.
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