Recent Keynotes of July 2018

July 2018
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International Agreements

  • The Resolution of Council of Ministers dated 30.04.2018 and numbered 2018/11687 on the on the Amendment to the Resolution on the Principles on the Application of the Customs Union that was Formed Between the European Community and Turkey was published in the Official Gazette dated 23.06.2018 and numbered 30457 (bis).
  • The Resolution of Council of Ministers dated 04.06.2018 and numbered 2018/11945 on the Ratification of the Security Agreement on the Protection of the Confidential Information with respect to Defense between the Government of the Republic of Turkey and the Government of the United Kingdom of the Great Britain and Northern Ireland was published in the Official Gazette dated 26.06.2018 and numbered 30460 (bis).
  • The Resolution of Council of Ministers dated 30.04.2018 and numbered 2018/11748 on the Ratification of the Annex No. 2 together with the Accompanying Notes to the Financing Agreement Regarding the 2011 Turkey National Program within the Framework of the IPA Transition Phase Support and Institutional Structuring Component - Part 2 between the Government of the Republic of Turkey and European Commission was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 30.04.2018 and numbered 2018/11763 on the Ratification of the Minutes of the 3rd Term Meeting of the Turkey - Mali Commercial, Economic and Technical Cooperation Joint Committee was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 04.06.2018 and numbered 2018/11914 on the Ratification Defense Industry Cooperation Agreement between the Government of the Republic of Turkey and the Republic of Niger was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 14.05.2018 and numbered 2018/11785 on the Ratification of the Turkish - Spanish Land Transportation Joint Commission Meeting Protocol was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 04.06.2018 and numbered 2018/11949 on the Ratification of the Defense Industry Cooperation Agreement between the Government of the Republic of Turkey and the Government of the Republic of Rwanda was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 04.06.2018 and numbered 2018/11950 on the Ratification of the Agreement and Notes Regarding International Transport of Passenger and Carriage of Goods through Land Transport between the Government of the Republic of Turkey and the Council of Ministers of Bosnia-Herzegovina was published in the Official Gazette dated 27.06.2018 and numbered 30461 (bis).
  • The Resolution of Council of Ministers dated 12.06.2018 and numbered 2018/11982 on the Ratification of the Strategic Partnership and Friendship Agreement between the Republic of Turkey and Islamic Republic of Afghanistan was published in the Official Gazette dated 30.06.2018 and numbered 30464.
  • The Resolution of Council of Ministers dated 12.06.2018 and numbered 2018/11990 on the Ratification of the Military Cooperation Framework Agreement between the Government of the Republic of Turkey and the Government of the United Kingdom of Great Britain and Northern Ireland was published in the Official Gazette dated 30.06.2018 and numbered 30464.

Resolution of Council of Ministers

  • Resolution of Council of Ministers dated 14.05.2018 and numbered 2018/11816 on Amendment to the Resolution on State Aid in Investments was published in the Official Gazette dated 22.06.2018 and numbered 30456.
  • Resolution of Council of Ministers dated 04.06.2018 and numbered 2018/11892 Regarding the Operation of the State Funded System that Involves Procurement of Commercial Receivable Insurance Regarding Small and Medium-Sized Enterprises, was published in the Official Gazette dated 22.06.2018 and numbered 30456.
  • Resolution of Council of Ministers dated 30.04.2018 and numbered 2018/11714 on Amendment to the Resolution Regarding Providing Project-Based State Aid to Investments was published in the Official Gazette dated 23.06.2018 and numbered 30457.
  • Resolution of Council of Ministers dated 21.06.2018 and numbered 2018/11991 on the Amendment to the 2018 General Investment and Financing Program of the Public Economic Enterprises and their Affiliated Companies was published in the Official Gazette dated 30.06.2018 and numbered 30464.

Legislation

  • The Regulation on the Amendment to the Regulation on the Tariff Application Principles with regard to Compulsory Automobile Liability Insurance entered into force through publication in the Official Gazette dated 22.06.2018 and numbered 30456.
  • The Regulation on the Amendment to the Regulation on the Organized Industrial Zones entered into force through publication in the Official Gazette dated 23.06.2018 and numbered 30457.
  • The Regulation on the Determination of the Origin of the Good that will Benefit from the Preferential Regime Application Unilaterally Recognized by Turkey was published in the Official Gazette dated 23.06.2018 and numbered 3457. Various provision of this Regulation enters into force in different dates (bis).
  • The Regulation on the Amendment to the Regulation on the Definition, Qualification and Classification of Small and Medium Sized Enterprises entered into force through publication in the Official Gazette dated 24.06.2018 and numbered 30458.
  • Memorandum (No: 2018/3) on Amendment to the Memorandum of the Central Bank of the Turkish Republic numbered I-M Regarding the Decision numbered 32 on Protection of the Value of Turkish Currency and Communiqué of Prime Ministry Undersecretariat of Treasury numbered 2008-32/34 entered into force through publication in the Official Gazette dated 29.06.2018 and numbered 30463.
  • Communiqué on Determination of the Discount Interests Rates that shall Apply to Rediscount Operations entered into force through publication in the Official Gazette dated 29.06.2018 and numbered 30463.
  • Communiqué (No: 2018/4) on Amendment to the Communiqué (No: 2016/8) Regarding the Highest Interest Rates that shall apply to Credit Card Transactions was published in the Official Gazette dated 30.06.2018 and numbered 30464. This Communiqué entered into force on 01.07.2018.
  • Communiqué (III-52.3.c) on Amendment to the Communiqué (III-52.3) on Principles Regarding the Real Estate Investment Funds entered into force through publication in the Official Gazette dated 30.06.2018 and numbered 30464.
  • The Statutory Decree on the Amendment to Certain Laws by Law numbered 477 entered into force through publication in the Official Gazette dated 04.07.2018 and numbered 30468.
  • The Regulation on the Amendment to the Regulation on Banks and Credit Cards entered into force through publication in the Official Gazette dated 06.07.2018 and numbered 30470.
  • The Presidential Decree (Decree Number: 4) on the Organization of the Institutions and Organizations Affiliated with Ministries and other Institutions and Organizations entered into force through publication in the Official Gazette dated 15.07.2018 and numbered 30479.
  • The Presidential Decree (Decree Number: 9) on the Principles and Procedures regarding the Ratification of International Agreements entered into force through publication in the Official Gazette dated 15.07.2018 and numbered 30479.

Competition Board Decisions

  • The Competition Board (“Board”) decided that the provisions regarding the conduct of spare parts and maintenance services of the Dacia trademark according to the quantitative distribution system of the “Spare Part Distribution and Authorized Service Agreement” that is planned to be concluded between MAİS Motorlu Araçlar İmal ve Satış A.Ş. and authorized services, shall not be able to benefit from the group exemption provided by the Communique on the Group Exemption Regarding Vertical Agreements in Motorized Vehicles Sector numbered 2017/3. The board held that individual exemption shall not be granted to the Agreement as the said provisions do not fulfill the requirements under Article 5 of Law numbered 4054. The Board held that the said provisions shall benefit from the group exemption within the scope of the Communique on Group Exemptions Regarding Vertical Agreements in Motorized Vehicles Sector numbered 2017/3, provided that they exclude the Dacia trademark. (21.06.2018, 18-20/354-175)
  • The Board granted individual exemption during the operating period (25 years), for the Agreement concluded amongst Cengiz İnşaat Sanayi ve Ticaret A.Ş., Mapa İnşaat ve Ticaret A.Ş., Limak İnşaat Sanayi ve Ticaret A.Ş., Kolin İnşaat Turizm Sanayi ve Ticaret A.Ş. and Kalyon Havacılık ve İnşaat A.Ş., in order to establish CMLKK Bilişim Teknolojileri Hizmetleri A.Ş. (05.07.2018, 18-22/376-184)
  • The Board decided to grant a negative clearance document within the framework of Article 8 of Law numbered 4054 to the application in order to share the list of “Certified Firm Success Performance Evaluation” on the website of Başkent Doğal Gaz Dağıtım Gayrimenkul Yatırım Ortaklığı A.Ş. (05.07.2018, 18-22/374-182)

Mergers and Acquisitions

  • The Board authorized the acquisition of the sole control of the UBM ICC Fuarcılık ve Organizasyon Ticaret A.Ş., UBM İstanbul Fuarcılık ve Gösteri Hizmetleri A.Ş. and UBM NTSR Fuar ve Gösteri Hizmetleri A.Ş., by UBM Plc, which is the majority shareholder of the companies. (21.06.2018, 18-20/354-175)
  • The Board authorized the acquisition of the shares of SA-BA Endüstriyel Ürünler İmalat ve Ticaret A.Ş by VarrocCorp Holding B.V. (21.06.2018, 18-20/352-173)
  • The Board authorized the foundation of a joint venture company between Toyota Motor Corporation and Conversions and Accessories Holding Company Limited for the purpose of developing, manufacturing, installation, and procurement of accessories for vehicles with the trademarks of Toyota and Lexus. (21.06.2018, 18-20/351-172)
  • The Board authorized the acquisition of the shares of Baracuda Su Ürünleri Sanayi ve Ticaret A.Ş. by Gümüşdoğa Su Ürünleri Üretim İhracat ve İthalat A.Ş. (21.06.2018, 18-20/350-171)
  • The Board authorized the acquisition of the sole control of OMV Samsun Elektrik Üretim Sanayi ve Ticaret A.Ş. by Yapısan Elektrik Üretim A.Ş. (21.06.2018, 18-20/348-170)
  • The Board authorized the acquisition of the sole control of Ravaber Yapı Ürünleri San. ve Tic. A.Ş. that is under the joint control of Ravago Petrokimya Üretim A.Ş. and Beşler Tekstil San. ve Tic. A.Ş., by Ravago Petrokimya Üretim A.Ş. (28.06.2018, 18-21/366-181)
  • The Board authorized the foundation of a joint venture named Adient Aerospace, LLC between Adient US LLC, the subsidiary of Adient plc that owns all of its shares, and The Boeing Company. (28.06.2018, 18-21/364-180)
  • The Board authorized the acquisition of the sole control of XL Group Ltd. by AXA S.A. (28.06.2018, 18-21/362-179)
  • The Board authorized the acquisition of the sole control of Federal Mogul LLC by Tenneco Inc. (28.06.2018, 18-21/361-178)
  • The Board decided that the acquisition of all of the shares of TRY Grup Yönetim Hizmetleri A.Ş., and subsidiaries that are controlled by Trenkwalder Eurasia & Middle East Holding GmbH, by Ahmet NURDAĞ is not subject to authorization. (05.07.2018, 18-22/392-BD)
  • The Board authorized the acquisition of movables, the structure ensemble comprised of the commercial zone, hotel building and Gebze Center Shopping Center that are owned by Doğuş Gayrimenkul Yatırım Ortaklığı A.Ş. by Seyir Gayrimenkul Yatırım A.Ş. (05.07.2018, 18-22/385-189)
  • The Board authorized the foundation of a joint venture by Bayerische Motoren Werke Aktiengesellschaft and Daimler AG in order to manage five joint ventures comprised of automobile-sharing services, travel-sharing services, parking services, charging services, and other services upon request, and related trademarks, and to conduct licensing activities. (05.07.2018, 18-22/380-187)
  • The Board authorized the establishment of the joint control over Global Logic Holdings Limited by Partners Group AG and Canadian Pension Plan Investment Board. (05.07.2018, 18-22/375-183)

Energy

  • The 2018 April Natural Gas Market Sector Report, LPG Market Sector Report, Electricity Market Sector Report, and Petrol Market Sector Report were published on the website of the Energy Market Regulatory Authority (“EMRA”) on 28.06.2018.
  • The Regulation on the Supervision of Energy Efficiency entered into force through publication in the Official Gazette dated 06.07.2018 and numbered 30470.
  • The Regulation on the Amendment to Electricity Market License Regulation entered into force through publication in the Official Gazette dated 09.07.2018 and numbered 30473.

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