Recent Keynotes of January 2017

January 2017
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International Agreements

  • The Resolution of the Council of Ministers dated 28.11.2016 and numbered 2016/9586 on the Ratification of the Cooperation Agreement in the Field of Labor, Social Security and Employment concluded between the Governments of Republic of Turkey and Georgia was published in the Official Gazette dated 21.12.2016 and numbered 29925.
  • The Resolution of the Council of Ministers dated 20.12.2016 and numbered 2016/9646 on the Ratification of the Turkish Stream Natural Gas Pipeline Project Intergovernmental Agreement concluded between the Republic of Turkey and the Russian Federation was published in the Official Gazette dated 24.12.2016 and numbered 29928.
  • The Resolution of the Council of Ministers dated 12.12.2016 and numbered 2016/9656 on the Ratification of Agreement on Trade and Economic Cooperation concluded between the Republic of Turkey and the Union of Myanmar was published in the Official Gazette dated 13.01.2017 and numbered 29947.
  • The Resolution of the Council of Ministers dated 27.12.2016 and numbered 2016/9685 on the Ratification of Complementary Agreement concluded between the Ministry of Energy and Natural Resources of the Republic of Turkey and the Ministry of the Popular Power for Petroleum of the Bolivarian Republic of Venezuela was published in the Official Gazette dated 13.01.2017 and numbered 29947.

Council of Ministers Resolutions

  • The Resolution of the Council of Ministers dated 12.12.2016 and numbered 2016/9608 regarding the Extension of Certain Time Limits Stated under Article 7 of the Law concerning the Reconstruction of Certain Receivables was published in the Official Gazette dated 30.12.2016 and numbered 29934.
  • The Resolution of the Council of Ministers dated 12.12.2016 and numbered 2016/9616 on the Amendment to the Resolution on the Implementation of Certain Provisions of Customs Law No. 4458 was published in the Official Gazette dated 31.12.2016 and numbered 29935 (ter).
  • The Resolution of Council of Ministers dated 12.12.2016 and numbered 2016/9619 regarding Provision of Support to Travel Agencies in Group A Bringing Tourists to Turkey, was published in the Official Gazette dated 31.12.2016 and numbered 29935 (ter).
  • The Resolution of Council of Ministers dated 12.12.2016 and numbered 2016/9621 on the Ratification of the Official Statistics Program (2017-2021) was published in the Official Gazette dated 31.12.2016 and numbered 29935 (ter).
  • The Statutory Decree on Taking Precautions regarding the State of Emergency dated 02.01.2017 and numbered KHK/679 was published in the repeated Official Gazette dated 06.01.2017 and numbered 29940. Various provisions of the Statutory Decree enter into force on different dates.
  • The Statutory Decree on Making Adjustments regarding the State of Emergency dated 02.01.2017 and numbered KHK/680 was published in the repeated Official Gazette dated 06.01.2017 and numbered 29940. Various provisions of the Statutory Decree enter into force on different dates.
  • The Statutory Decree on Making Adjustments regarding National Defense under the State of Emergency dated 02.01.2017 and numbered KHK/681 was published in the repeated Official Gazette dated 06.01.2017 and numbered 29940. Various provisions of the Statutory Decree enter into force on different dates.
  • The Resolution of the Council of Ministers dated 28.11.2016 and numbered 2016/9596 on the Procedures and Principles of the Attraction Centers Program was published in the Official Gazette dated 11.01.2017 and numbered 29945.

Legislation

  • The Communiqué on the Amendment to the Communiqué pertaining to the Uniform Chart of Accounts and Offering Circular Applied by Participation Banks was published in the Official Gazette dated 22.12.2016 and 29926. This Communiqué enters into force on 01.06.2017.
  • The Communiqué on the Amendment to the Communiqué pertaining to the Uniform Chart of Accounts and Offering Circular was published in the Official Gazette dated 22.12.2016 and 29926. This Communiqué enters into force on 01.06.2017.
  • The General Communiqué on Income Tax (Serial Number: 295) was published in the Official Gazette dated 23.12.2016 and numbered 29927. Various provisions of the Communiqué enter into force on different dates.
  • The Communiqué on the Procedures and Principles to be Complied with in the Claims for Foreign Notification and Judicial Assistance was published in the Official Gazette dated 24.12.2016 and numbered 29928. This Communiqué enters into force on 01.01.2017.
  • The Communiqué Pertaining to the Administrative Monetary Fines Regulated in the Environmental Law No. 2872 (Communiqué No: 2017/1) entered into force through publication in the Official Gazette dated 27.12.2016 and numbered 29931. The Communiqué on the Amendment of the Communiqué on the Implementation of Supervision in Importation (Communiqué No: 2009/8) entered into force through publication in the Official Gazette dated 28.12.2016 and numbered 29932.
  • The Communiqué on the Classification of the Goods and Services regarding Trademark Registration Applications (TPE: 2016/2) was published in the Official Gazette dated 30.12.2016 and numbered 29934. This Communiqué enters into force on 01.01.2017.
  • The Communiqué on Cheques with Barcodes was published in the Official Gazette dated 31.12.2016 and numbered 29935 (quater). Various provisions of the Communiqué enter into force on different dates.
  • The Regulation on Pledged Movables Registry was published in the Official Gazette dated 31.12.2016 and numbered 29935 (quater). This Regulation enters into force on 01.01.2017.
  • The Regulation on Establishment of Pledge and Exercise of Rights in the Event of Default in Commercial Transactions was published in the Official Gazette dated 31.12.2016 and numbered 29935 (quater). This Regulation enters into force on 01.01.2017.
  • The Regulation on the Valuation of Movables in Commercial Transactions was published in the Official Gazette dated 31.12.2016 and numbered 29935 (quater). This Regulation enters into force on 01.01.2017.
  • The Communiqué on the Fee Tariff of 2017, which will be Applied by the Turkish Patent Institute (BIK/TPI: 2017/1), was published in the Official Gazette dated 31.12.2016 and numbered 29935 (quater). This Communiqué enters into force on 01.01.2017.
  • The National Estate General Communiqué (Serial No: 377) was published in the Official Gazette dated 02.01.2017 and numbered 29936. This Communiqué enters into force on 15.01.2017.
  • The Regulation on the Procedures and Principles regarding Automatic Enrollment of Employees to the Private Pension System entered into force through publication in the Official Gazette dated 02.01.2017 and numbered 29936.
  • The Regulation on the Amendment to the Regulation regarding the Workplace Opening and Operation Licenses entered into force through publication in the Official Gazette dated 03.01.2017 and numbered 29937.
  • The Regulation on the Amendment to the Regulation regarding Commercial Advertisement and Unfair Trade Practices entered into force through publication in the Official Gazette dated 04.01.2017 and numbered 29938.
  • The Decision of the Grand National Assembly of Turkey dated 03.01.2017 and numbered 1134 on the Extension of the State of Emergency entered into force through publication in the Official Gazette dated 05.01.2017 and numbered 29939.
  • The Law on Industrial Property No. 6769 was published in the Official Gazette dated 10.01.2017 and numbered 29944. Various provisions of the Law enter into force on different dates.
  • The Regulation on the Amendment to the Regulation on the Implementation of the Turkish Citizenship Law entered into force through publication in the Official Gazette dated 12.01.2017 and numbered 29946.
  • The Regulation on the Amendment to the Customs Regulation was published in the Official Gazette dated 12.01.2017 and numbered 29946. Various provisions of the Regulation enter into force on different dates.
  • The Regulation on the Appraisal Service for Banks and Authorization and Operations of Appraisal Agencies for the Banks entered into force through publication in the Official Gazette dated 12.01.2017 and numbered 29946.
  • The Communiqué (III-48.1b) on the Amendment to the Communiqué on Principles of Real Estate Investment Companies (III-48.1) entered into force through publication in the Official Gazette dated 17.01.2017 and 29951.
  • The Communiqué (III-55.1c) on the Amendment to the Communiqué on Portfolio Management Companies and Activities Of Such Companies (III-55.1) entered into force through publication in the Official Gazette dated 17.01.2017 and 29951.
  • The Regulation on the Authorized Establishments for Ships entered into force through publication in the Official Gazette dated 18.01.2017 and numbered 29952.
  • The Communiqué (Serial No: 55) on the Turkish Financial Reporting Standards regarding Financial Instrument Standards (TFRS 9) entered into force through publication in the Official Gazette dated 19.01.2017 and numbered 29953 (bis).

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the “Bonus Credit Card Program Sharing Agreement” signed by and between Türkiye Garanti Bankası A.Ş. and Şekerbank T.A.Ş. (28.12.2016, 16-45/723-326)
  • The Board granted negative clearance to the “Guide to Occupational Health and Safety Rules in Subcontractor and Contractor Work in the Cement Sector” drafted by the Labor Health and Safety Committee of the Cement Industry Employers' Union. (05.01.2017, 17-01/3-3)

Mergers and Acquisitions

  • The Board decided that the formation of a joint venture between KSPG (China) Investment Co. Ltd. and Zhejiang YinLun Machinery Co. Ltd. was not subject to the authorization. (28.12.2016, 16-45/730-BD)
  • The Board decided that the merger of Uyum Gıda İhtiyaç Maddeleri San. ve Tic. A.Ş. owned by Makro Market A.Ş and Makro Market A.Ş. by way of termination of Uyum Gıda İhtiyaç Maddeleri San. ve Tic. A.Ş.’s legal entity under the joint control of Makro Market A.Ş was not subject to authorization. (24.12.2015, 15-45/762-BD)
  • The Board authorized the acquisition of a certain number of shares of İstanbul PPP Sağlık Yatırım A.Ş by Sojitz Hospital PPP Investment B.V from Rönesans Sağlık Yatırım A.Ş. (28.12.2016, 16-45/720-325)
  • The Board authorized the acquisition of a certain number of shares of OEP Turkey Tech. B.V. at Netaş Telekomünikasyon A.Ş. by ZTE Cooperatief U.A. (28.12.2016, 16-45/718-324)
  • The Board authorized the acquisition of “Technology Solutions” line of work of Avnet by Tech Data Corporation. (28.12.2016, 16-45/716-322)
  • The Board authorized the acquisition of sole control over Uluğ Enerji Dağıtım ve Perakende Satış Hizmetleri A.Ş. which is under joint control of Limak Holding A.Ş., Cengiz Holding A.Ş. and Kolin İnşaat Turizm Sanayi ve Ticaret A.Ş. by Limak Yatırım Enerji Üretim İşletme Hizmetleri A.Ş. (28.12.2016, 16-45/714-32)
  • The Board authorized the acquisition by way of selling shares of Baki Elektrik Üretim Ltd. Şti., Deniz Elektrik Üretim Ltd. Şti., Ayres Ayvacık Rüzgâr Enerjisinden Elektrik Üretim Santrali Ltd. Şti., Kapıdağ Rüzgâr Enerjisi Elektrik Üretim Sanayi ve Ticaret A.Ş. and Atik RES which is under control of AKSA Enerji Üretimi A.Ş. and its subsidiaries by Güriş Group Companies; 1 G Enerji Üretim A.Ş., 2 G Enerji Üretim A.Ş., Notos Elektrik Üretim A.Ş., Anzer Elektrik Üretim A.Ş. and 3 G Elektrik Üretim A.Ş. (05.01.2017, 17-01/13-5)
  • The Board authorized the merger of Munksjö Oyj and Ahlstrom Corporation. (05.01.2017, 17-01/2-2)
  • The Board authorized the acquisition of a certain number of shares of KLK Enerji Üretim A.Ş. owned by Kolin İnşaat Turizm Sanayi ve Ticaret A.Ş. by Kalyon Yatırım Holding A.Ş. (05.01.2017, 17-01/1-1)
  • The Board authorized the acquisition of Mas Deha Büro Sistemleri Bilişim San. ve Tic. A.Ş. by Canon Eurasia Görüntüleme ve Ofis Sistemleri A.Ş. (11.01.2017, 17-02/16-7)
  • The Board authorized the acquisition of all the shares of Osmangazi Elektrik Dağıtım A.Ş. and Osmangazi Elektrik Perakende Satış A.Ş. which are under control of Dedeli Yatırım İnşaat Taahhüt Elektrik Dağıtım Sanayi Ticaret A.Ş. by Zorlu Osmangazi Enerji Sanayi ve Ticaret A.Ş. which is under control of Zorlu Holding A.Ş. (11.01.2017, 17-02/15-6)

Energy

  • The Energy Market Regulation Authority (“EMRA”) published the Electricity Market Sector Report of October 2016, on 21.12.2016.
  • The EMRA published the Draft of the Regulation Amending the Regulation on the Documentation and Support of the Renewable Energy Resources on 21.12.2016.
  • The EMRA published the Minimum Capital Amounts to be Implemented in 2017 in Natural Gas Market on 12.2016.
  • The EMRA published the Petroleum Market Sector Report of October 2016, on 27.12.2016.
  • The EMRA Decision on Procedures and Principles on Connection and Service Charges in Natural Gas Distribution Sector dated 26.12.2016 and numbered 6807 was published in the Official Gazette dated 12.2016 and numbered 29933.
  • The EMRA published the Natural Gas Market Sector Report of October 2016, on 29.12.2016.
  • The EMRA published the Liquidated Petroleum Gas (“LPG”) Market Sector Report of October 2016, on 30.12.2016.
  • The EMRA Decision dated 29.12.2016 and numbered 6815-5 regarding the Amendments on EMRA Decisions numbered 3763/3 on the Information and Documents Requested in the Application of the Amendment and Time Extension of Petrol Market License, was published in the Official Gazette dated 01.2017 and numbered 29937.
  • The Regulation on the Amendment to the Regulation regarding Principles and Procedures to be Followed in the Audits and Preliminary Investigations and Investigations to be Made in the Electricity Market entered into force through publication in the Official Gazette dated 04.01.2017 and 29938.
  • The Regulation on the Amendment to the Regulation regarding Principles and Procedures to be Followed in the Audits and Preliminary Investigations and Investigations to be Made in the Natural Gas Market entered into force through publication in the Official Gazette dated 04.01.2017 and 29938.
  • The Regulation on the Amendment to the Regulation regarding Principles and Procedures to be Followed in the Audits and Preliminary Investigations and Investigations to be Made in the LPG Market entered into force through publication in the Official Gazette dated 04.01.2017 and 29938.
  • The Communiqué on the Amendment to the Communiqué regarding Principles and Procedures for the Supply of Petroleum Products Except the Fuel Oil from Domestic and Foreign Sources entered into force through publication in the Official Gazette dated 05.01.2017 and 29939.
  • The Communiqué on the Amendment to the Communiqué regarding Arrangement of Distribution System Revenue entered into force through publication in the Official Gazette dated 05.01.2017 and 29939.
  • The Communiqué on the Amendment to the Communiqué regarding Retail Energy Sale Prices was published in the Official Gazette dated 05.01.2017 and numbered 29939.
  • The Regulation on the Amendment to the Natural Gas Market Certificate Regulation entered into force through publication in the Official Gazette dated 07.01.2017 and numbered 29941.
  • The Regulation on the Amendment to the Regulation regarding Principles and Procedures to be Followed in the Audits and Preliminary Investigations and Investigations to be Made in the Natural Gas Market entered into force through publication in the Official Gazette dated 07.01.2017 and 29941.
  • The Regulation on the Amendment to the Regulation Pertaining to the Electricity Market Balancing and Reconciliation entered into force through publication in the Official Gazette dated 14.01.2017 and numbered 29948.
  • The EMRA published the Draft of the Regulation Amending the Regulation on the Distribution and Customer Services in the Natural Gas Market on 19.01.2017.
  • The EMRA published the Natural Gas Market Sector Report of November 2016, on 01.2017.
  • The EMRA published the Electricity Market Sector Report of November 2016, on 01.2017.

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