Recent Keynotes of June 2022

30.06.2022 Zeynep Nazlı Tosyalı
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International Agreements

  • The Resolution of the President dated 23.05.2022 and numbered 5596 on the Ratification of the Economic and Financial Cooperation Agreement between the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus was published in the Official Gazette dated 24.05.2022 and numbered 31845.
  • The Resolution of the President dated 25.05.2022 and numbered 5606 on the Ratification of the Agreement on the Reciprocal Promotion and Protection of Investments between the Government of the Republic of Turkey and the Government of the Kingdom of Cambodia was published in the Official Gazette dated 26.05.2022 and numbered 31847.

Resolutions of the President

  • The Resolution of the President dated 26.05.2022 and numbered 5614 on the Redetermination of the Minimum Lump Sum and Lump Sum Tax Amounts Applied to Certain Goods in Schedules (A) and (B) of List (III) Annexed to the Special Consumption Tax Law No. 4760 and the Non-Application of the Provision of Paragraph (3) of Article 12 of the aforementioned Law for the Period of July-December 2022 for Certain Goods entered into force through publication in the Official Gazette dated 27.05.2022 and numbered 31848.
  • The Resolution of the President dated 10.06.2022 and numbered 5729 on the Amendment to the Resolution Annexed to the Decision of the Council of Ministers dated 28.08.1998 and numbered 98/11591 Regarding Determination of Tax Rates of Banking and Insurance Transactions Under Article 33 of Expenditure Tax Law No. 6802 entered into force through publication in the Official Gazette dated 11.06.2022 and numbered 31863.

Legislation

  • The Regulation on the Amendment to the Regulation Regarding Accounting Practices and Financial Statements of Financial Leasing, Factoring, Financing and Savings Finance Companies entered into force through publication in the Official Gazette dated 24.05.2022 and numbered 31845.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles Regarding the Classification of Loans and the Provisions to be Set Aside entered into force through publication in the Official Gazette dated 24.05.2022 and numbered 31845.
  • The Regulation on the Amendment to the Customs Regulation was published in the Official Gazette dated 25.05.2022 and numbered 31846. The provisions of this Regulation enter into force on different dates.
  • The Regulation on the Amendment to the Regulation Regarding Independent Audit of Banks entered into force through publication in the Official Gazette dated 25.05.2022 and numbered 31846.
  • Income Tax General Communiqué (Serial No: 320) entered into force through publication in the Official Gazette dated 26.05.2022 and numbered 31847.
  • The Regulation on Combined Transportation entered into force through publication in the Official Gazette dated 27.05.2022 and numbered 31848.
  • The Law dated 26.05.2022 and numbered 7407 on the Amendment to the Banking Law and Certain Laws and the Decree Law numbered 655 was published in the Official Gazette dated 28.05.2022 and numbered 31849. The provisions of this Law enter into force on different dates.
  • The Regulation on the Authorization of Debtors for Sales Pursuant to the Enforcement and Bankruptcy Law entered into force through publication in the Official Gazette dated 28.05.2022 and numbered 31849.
  • The Communiqué on the Amendment to the Value Added Tax General Application Communiqué (Serial No: 42) was published in the Official Gazette dated 28.05.2022 and numbered 31849. The provisions of this Communiqué enter into force on different dates.
  • The Communiqué (Serial No: 104) on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 182) entered into force through publication in the Official Gazette dated 28.05.2022 and numbered 31849.
  • The Regulation on the Amendment to the Regulation Regarding the Principles and Procedures to be Applied in Consultancy Services Tenders within the Scope of Law No. 4046 entered into force through publication in the Official Gazette dated 29.05.2022 and numbered 31850.
  • The Regulation on the Amendment to the Regulation Regarding the Privatization Fund entered into force through publication in the Official Gazette dated 29.05.2022 and numbered 31850.
  • The Regulation on the Amendment to the Regulation on Value Determination and Tender in Privatization Practices entered into force through publication in the Official Gazette dated 29.05.2022 and numbered 31850.
  • The Communiqué (Sequence No: 7) on the Amendment to the Customs General Communiqué (Sequence No: 1) on Approved Person Status was published in the Official Gazette dated 30.05.2022 and numbered 31851. The provisions of this Communiqué enter into force on different dates.
  • The General Communiqué on Tax Procedure Law (Sequence No: 538) entered into force through publication in the Official Gazette dated 31.05.2022 and numbered 31852.
  • The Communiqué on the Prevention of Unfair Competition in Imports (No: 2022/15) entered into force through publication in the Official Gazette dated 09.06.2022 and numbered 31861.
  • The Communiqué on the Prevention of Unfair Competition in Imports (No: 2022/18) entered into force through publication in the Official Gazette dated 10.06.2022 and numbered 31862.
  • The Communiqué on Securities in Turkish Lira for Foreign Currency Liabilities (No: 2022/20) was published in the Official Gazette dated 10.06.2022 and numbered 31862. The provisions of this Communiqué enter into force on 24.06.2022.
  • The Law dated 08.06.2022 and numbered 7409 on the Amendment to the Attorney’s Act and to the Turkish Code of Obligations entered into force through publication in the Official Gazette dated 11.06.2022 and numbered 31863.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/17) entered into force through publication in the Official Gazette dated 14.06.2022 and numbered 31866.
  • The Regulation on the Amendment to the Electricity Market Balancing and Settlement Regulation entered into force through publication in the Official Gazette dated 15.06.2022 and numbered 31867.
  • The Regulation on the Amendment to the Regulation on Fines to be Imposed in Cases of Agreements, Concerted Actions and Decisions Limiting Competition and Abuse of Dominant Position entered into force through publication in the Official Gazette dated 15.06.2022 and numbered 31867.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/16) entered into force through publication in the Official Gazette dated 15.06.2022 and numbered 31867.
  • The Communiqué (Sequence No: 2) on the Amendment to the General Communiqué on Tax Identification Numbers (Sequence No: 5) entered into force through publication in the Official Gazette dated 16.06.2022 and numbered 31868.
  • The Communiqué on the Amendment to the Customs General Communiqué (Generalized System of Preferences) (Serial No: 5) (Generalized System of Preferences) (Serial No: 6) entered into force through publication in the Official Gazette dated 16.06.2022 and numbered 31868.
  • The Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2018/6) was published in the Official Gazette dated 16.06.2022 and numbered 31868. The provisions of this Communiqué enter into force on the 15th day of publication.
  • The Concordat Expense Advance Tariff entered into force through publication in the Official Gazette dated 17.06.2022 and numbered 31869.
  • The Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2020/1) entered into force through publication in the Official Gazette dated 18.06.2022 and numbered 31870.
  • The Communiqué on the Repeal of the Communiqué Regarding the Implementation of Surveillance in Imports (Communiqué No: 2010/7) entered into force through publication in the Official Gazette dated 18.06.2022 and numbered 31870.

Competition Board Decisions

  • The Competition Board (“Board”) granted block exemption to the sales agreements signed/to be signed between Roche Diagnostics Turkey A.Ş. ("Roche") and pharmaceutical warehouses regarding the sale of blood glucose meters imported by Roche and the strips used in these devices by Roche to pharmaceutical warehouses within the scope of the Group Exemption Communiqué on Vertical Agreements" numbered 2002/2. (16.06.2022, 22-27/432-177)

Mergers and Acquisitions

  • The Board decided that the acquisition of indirect joint control over Nielsen Holdings plc by the funds and/or investment instruments managed by Elliott Investment Management L.P. and the subsidiaries of Brookfield Private Equity Holdings LLC, an indirectly controlled subsidiary of Brookfield Asset Management Inc. is not subject to authorization. (26.05.2022, 22-24/395-BD)
  • The Board decided that the acquisition of joint control over Theramex Healthcare Topco Limited and its directly and indirectly wholly-owned subsidiaries by the funds managed by PAI Partners S.à.r.l. and CEP V Participations S.à.r.l. SICAR is not subject to authorization. (26.5.2022, 22-24/387-BD)
  • The Board authorized the acquisition of sole control over LeasePlan Corporation N.V. by ALD Automotive S.A. (26.05.2022, 22-24/394-163)
  • The Board decided that the acquisition of the shares of Albis Plastik TR Sanayi ve Ticaret Ltd. Şti. by Albis Distribution GmbH & Co. KG from Otto Krahn Group GmbH and Krahn Verwaltungs GmbH, the current shareholders of the undertaking, is not subject to authorization. (02.06.2022, 22-25/405-BD)
  • The Board authorized the acquisition of sole control over Voestalpine Texas Holding LLC by ArcelorMittal Texas Holdings LLC. (02.06.2022, 22-25/409-169)
  • The Board authorized the acquisition of sole control over Maysan Mando Otomotiv Parçaları Sanayi Ticaret A.Ş. by Halla Holdings Group through Mando Corporation. (02.06.2022, 22-25/404-168)
  • The Board authorized the acquisition of sole control over Airties Kablosuz İletişim San. ve Dış Tic. A.Ş. by Providence Managing Member LLC through P8 Holding 2 S.àr.l. (02.06.2022, 22-25/403-167)
  • The Board authorized the acquisition of sole control over GEFCO S.A and its subsidiaries by CMA CGM S.A. (02.06.2022, 22-25/402-166)
  • The Board authorized the acquisition of sole control over Corden Pharma Holding S.E. and Corden Pharma US Holdings Inc. by Astorg VIII SCSp, managed by Astorg Asset Management S.à.r.l., through Cougar BidCo S.à r.l. and Pacific BidCo Inc. (02.06.2022, 22-25/398-164)
  • The Board decided that the acquisition of sole control over Noksel Çelik Boru Sanayi Anonim Şirketi by Tersan Tersanecilik Sanayi ve Ticaret Anonim Şirketi is not subject to authorization. (09.06.2022, 22-26/420-BD)
  • The Board authorized the acquisition of sole control over Mandiant, Inc. by Google LLC controlled by Alphabet, Inc. (09.06.2022, 22-26/425-174)
  • The Board authorized the acquisition of joint control over ADIT GROUP by Sagard SAS and Bpifrance Investissement. (16.06.2022, 22-27/441-179)
  • The Board authorized the acquisition of joint control over Isuzu Leasing Services Limited, Isuzu UMAX Corporation and UD Financial Services Corporation by Itochu Corporation and Isuzu Motors Limited. (16.06.2022, 22-27/435-178)
  • The Board authorized the acquisition of sole control over Affidea Group B.V. and its subsidiaries by Groupe Bruxelles Lambert SA. (16.06.2022, 22-27/431-176)

Energy

  • The Decision of the Energy Market Regulatory Authority (“EMRA”) dated 26.05.2022 and numbered 10990 entered into force through publication in the Official Gazette dated 27.05.2022 and numbered 31848.
  • The Decision of the EMRA dated 26.05.2022 and numbered 10984 was published in the Official Gazette dated 28.05.2022 and numbered 31849. This Decision enters into force on 01.06.2022.
  • The Decision of the EMRA dated 26.05.2022 and numbered 10988 was published in the Official Gazette dated 28.05.2022 and numbered 31849.
  • The Decision of the EMRA dated 31.05.2022 and numbered 10997 was published in the Official Gazette dated 01.06.2022 and numbered 31853.
  • The Decision of the EMRA dated 02.06.2022 and numbered 11001 was published in the Official Gazette dated 03.06.2022 and numbered 31855.
  • The Decision of the EMRA dated 09.06.2022 and numbered 11013 was published in the Official Gazette dated 11.06.2022 and numbered 31863.
  • The Decision of the EMRA dated 09.06.2022 and numbered 11008 was published in the Official Gazette dated 15.06.2022 and numbered 31867. The provisions of this Decision enter into force on different dates.
  • The Decision of the EMRA dated 15.06.2022 and numbered 11023 entered into force through publication in the Official Gazette dated 17.06.2022 and numbered 31869.

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