Recent Keynotes of March 2022

March 2022 Merve Demirkaya
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International Agreements

  • The Resolution of the President dated 23.02.2022 and numbered 5201 regarding the Ratification of the Letters Exchanged between the Republic of Turkey and European Commission pertaining to the Modification of the Financing Agreement for Cross Border Cooperation Programme “Black Sea Basin” (2014-2020) was published in the Official Gazette dated 24.02.2022 and numbered 31760.
  • The Resolution of the President dated 24.02.2022 and numbered 5232 regarding the Ratification of the Protocol of 1998 Relating to the International Convention for the Safety Life at Sea, 1974 was published in the Official Gazette dated 25.02.2022 and numbered 31761.
  • The Resolution of the President dated 24.02.2022 and numbered 5234 regarding the Ratification of the Memorandum of Understanding Between the Government of the Republic of Turkey and the Government of the Republic of Haiti on Technical Cooperation was published in the Official Gazette dated 25.02.2022 and numbered 31761.

Resolutions of the President

  • The Resolution of the President dated 23.02.2022 and numbered 5208 on the Amendment of the Decision Regarding the Economic Support for Covering the Increased Costs in Underground Mining Operations entered into force through publication in the Official Gazette dated 24.02.2021 and numbered 31760.
  • The Resolution of the President dated 23.02.2022 and numbered 5207 on the Amendment of the Decision on the Implementation of Additional Customs Duty on Imports entered into force through publication in the Official Gazette dated 24.02.2021 and numbered 31760.
  • The Resolution of the President dated 23.02.2022 and numbered 5206 Regarding the Support of Deposit and Participation Accounts Against the Increases in the Exchange Rate was published in the Official Gazette dated 24.02.2021 and numbered 31760. The Resolution entered into force on the date of its publication retroactively from 21.12.2021.
  • The Resolution of the President dated 24.02.2022 and numbered 5235 Regarding the Determination of the Enforcement Date of the United Nations Convention on International Settlement Agreements Resulting from Mediation as April 11, 2022 was published in the Official Gazette dated 25.02.2021 and numbered 31761.
  • The Resolution of the President dated 28.02.2022 and numbered 5249 on the Amendment of the Resolution on the Determination of Value Added Tax Rates to be Applied to Goods and Services entered into force through publication in the Official Gazette dated 01.03.2022 and numbered 31765.
  • The Resolution of the President dated 03.03.2022 and numbered 5253 Regarding the Amendment of the Resolution on the Import Regime entered into force through publication in the Official Gazette dated 04.03.2022 and numbered 31768.
  • The Resolution of the President dated 14.03.2022 and numbered 5303 Regarding the Amendment of the Resolution on the Application of Certain Provisions of the Customs Law numbered 4458 was published in the Official Gazette dated 15.03.2022 and numbered 31779. The Resolution enters into force on 01.05.2022.
  • The Resolution of the President dated 17.03.2022 and numbered 5315 Regarding the Enforcement of the Regulation Amending the Regulation on the Definition, Qualifications, and Classification of Small and Medium Enterprises entered into force through publication in the Official Gazette dated 18.03.2022 and numbered 31782.

Legislation

  • The Communiqué (No: 2022/7) on the Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 23.02.2022 and numbered 31759.
  • The Communiqué (No:2022/1) on the Amendment of the Communiqué on the Application of the Decision Regarding the State-Aids for Investments (No: 2012/1) entered into force through publication in the Official Gazette dated 24.02.2022 and numbered 31760.
  • The Regulation on the Amendment of the Electricity Market Balancing and Settlement Regulation entered into force through publication in the Official Gazette dated 24.02.2022 and numbered 31760.
  • The Communiqué on the International Arbitrational Fee Tariff was published in the Official Gazette dated 25.02.2022 and numbered 31761. The Communiqué enters into force on 15.03.2022.
  • The Communiqué on the Amendment of the Communiqué on the Implementation of Surveillance in Imports (No: 2022/1) entered into force through publication in the Official Gazette dated 26.02.2022 and numbered 31762.
  • The Regulation on the Amendment of the Regulation on the Certification and Support of Renewable Energy Resources entered into force through publication in the Official Gazette dated 01.03.2022 and numbered 31765.
  • The Regulation on the Amendment of the Mining Regulation entered into force through publication in the Official Gazette dated 01.03.2022 and numbered 31765.
  • The Communiqué (No: VII-128.7.e) on the Amendment of the Communiqué on the  Principles Regarding Licensing And Recordkeeping For Those Engaged In Capital Market Activities (No: VII-128.7) entered into force through publication in the Official Gazette dated 02.03.2022 and numbered 31766.
  • The Communiqué (No: 2022/2) on the Amendment of the Communiqué on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board (No: 2010/4) was published in the Official Gazette dated 04.03.2022 and numbered 31768. The Communiqué enters into force on 04.05.2022.
  • The Communiqué on the Prevention of Unfair Competition in Imports (No: 2022/8) entered into force through publication in the Official Gazette dated 06.03.2022 and numbered 31770.
  • The Communiqué (No: 2022/9) on the Amendment of the Communiqué on Supporting the Conversion to Turkish Lira Deposit and Participation Accounts (No: 2021/14) entered into force through publication in the Official Gazette dated 07.03.2022 and numbered 31771.
  • The Communiqué (No: 2022/10) on the Amendment of the Communiqué on Supporting the Conversion to Turkish Lira Deposit and Participation Accounts from Gold Accounts (No: 2021/16) entered into force through publication in the Official Gazette dated 07.03.2022 and numbered 31771.
  • The Regulation on the Procedure of the Sales to be made Electronically Pursuant to the Enforcement and Bankruptcy Law entered into force through publication in the Official Gazette dated 08.03.2022 and numbered 31772.
  • The Regulation on the Amendment of the Enforcement and Bankruptcy Regulation entered into force through publication in the Official Gazette dated 08.03.2022 and numbered 31772.
  • The Nuclear Regulation Law numbered 7381 entered into force through publication in the Official Gazette dated 08.03.2022 and numbered 31772.
  • The Regulation on the Amendment of the Electricity Market Licensing Regulation entered into force through publication in the Official Gazette dated 10.03.2022 and numbered 31774.
  • The Communiqué (No: 2022/3) on the Amendment of the Communiqué Regarding the Goods whose Export are Subjected to the Record (Export: 2006/7) entered into force through its publication in the Official Gazette dated 11.03.2022 and numbered 31775.
  • The Communiqué (No: 2022/12) on the Amendment of the Communiqué on Supporting the Conversion to Turkish Lira Deposit and Participation Accounts from Gold Accounts (No: 2021/16) entered into force through publication in the Official Gazette dated 14.03.2022 and numbered 31778.
  • The Regulation on the Amendment of the Regulation Regarding the Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position entered into force through publication in the Official Gazette dated 18.03.2022 and numbered 31782.

Mergers and Acquisitions

  • The Competition Board (“Board”) authorized the indirect acquisition of joint control of WCX Asset Hold Trust, WCX AHT Pty Ltd., WCX Project Hold Trust and WCX PHT Pty Ltd. by Tawreed Investments Limited through Sydney Transport Partners consortium. (24.02.2022, 22-10/146-61)
  • The Board authorized the acquisition of the sole control of Sisal S.p.A by Flutter Entertainment plc. (24.02.2022, 22-10/145-60)
  • The Board authorized the indirect acquisition of the sole control of Ferro Corporation by American Securities LLC through ASP Prince Holdings Inc. (24.02.2022, 22-10/145-59)
  • The Board authorized the establishment of joint control through economic units controlled by Trilantic Europe VI GP S.à.r.l., Girasol Investments, S.A. and Global Aduar, S.L, upon the acquisition of total shares of Grupo Gransolar S.L and a transaction by some of the sellers (Re-Investor) reinvesting with a portion of equity interest in Global Aduar, S.L. (24.02.2022, 22-10/145-58)
  • The Board authorized the indirect acquisition of the sole control of LSFX Flavum Topco, S.L. by The Carlyle Group Inc. (24.02.2022, 22-10/145-57)
  • The Board authorized the establishment of indirect joint control on CyrusOne, Inc by KKR & Co. Inc. and Global Infrastructure Management LLC. (24.02.2022, 22-10/145-56)
  • The Board authorized the acquisition of the sole control of Multi Trabzon Emlak Geliştirme ve Yatırım A.Ş by Avrupakent Gayrimenkul Geliştirme A.Ş. (03.03.2022, 22-11/171-70)
  • The Board authorized the acquisition of the sole control and total shares of HES Elektrik Üretim AŞ by Makyol İnşaat Sanayi Turizm ve Ticaret AŞ, through Makyol International Project Investments Holding B.V. (03.03.2022, 22-11/171-64)
  • The Board decided that the acquisition of certain shares of Ova Un Fabrikası A.Ş. by Büyük Hekimoğulları Gıda Sanayi ve Ticaret A.Ş. is not within the scope. (10.03.2022, 22-12/188-BD)
  • The Board authorized the acquisition of the sole control of Greif Flexibles Asset Holding B.V. and Greif Flexibles Trading Holding B.V. by Gulf Refined Packaging for Industrial Packaging Company Ltd. (10.03.2022, 22-12/198-83)
  • The Board authorized the indirect acquisition of the sole control of Accell Group N.V.by KKR & Co. Inc. through Sprint BidCo. (10.03.2022, 22-12/197-82)
  • The Board authorized the establishment of a full-function joint venture entitled SNTNL LLC upon the acquisition of the joint control of SNTNL by ADT LLC and Ford Next LLC. (10.03.2022, 22-12/196-81)
  • The Board authorized the establishment of a joint venture by Rönesans REY Endüstriyel Yatırımları A.Ş. and Stolthaven Terminals B.V. to engage in the construction and operation of liquid cargo storage terminal and associated piers. (10.03.2022, 22-12/195-80)
  • The Board authorized the sole control of the assets belonging to Safran Aerosystems Arresting Systems line of business by Curtiss-Wright Corporation through Curtiss-Wright Corporation and an undertaking that is originated in France and to be newly established. (10.03.2022, 22-12/183-77)
  • The Board authorized the establishment of a full-function joint venture by Saudi Arabian Industrial Investments Company and SeAH Changwon Integrated Special Steel Corporation (10.03.2022, 22-12/182-76)
  • The Board authorized the acquisition of the sole control of Hella GmbH & Co, KGaA MBCC Group by Sika AG through Sika International AG. (10.03.2022, 22-12/180-75)
  • The Board authorized the indirect acquisition of the joint control of the FutureLife a.s by CVC Capital Partners SICAV-FIS S.A. and Hartenberg Holding s.r.o. (10.03.2022, 22-12/179-74)
  • The Board authorized the acquisition of the sole control of Ekaterra B.V. by CVC Capital Partners SICAV-FIS S.A. (10.03.2022, 22-12/178-73)
  • The Board authorized the establishment of a joint venture between A4nXT GmbH that is an indirect affiliate of Volkswagen Group and that is under the sole control of Porsche Automobil Holding SE, Stuttgart and Lufthansa Industry Solutions AS GmbH that is under the sole control of the Lufthansa Group to operate in the field of information technology consultancy and information technology ancillary services in the European Economic Zone (10.03.2022, 22-12/177-72)

Energy

  • The decisions of the Energy Market Regulatory Authority (“EMRA”) dated 24.02.2022 and numbered 10811, 10812, and 10814 were published in the Official Gazette dated 24.02.2022 and numbered 31762.
  • The decision of the EMRA dated 24.02.2022 and numbered 10817 was published in the Official Gazette dated 01.03.2022 and numbered 31765.
  • The decisions of the EMRA dated 28.02.2022 and numbered 10818, 10819, and 10820 were published in the Official Gazette dated 01.03.2022 and numbered 31765.
  • The decisions of the EMRA dated 03.03.2022 and numbered 10826 and 10827 were published in the Official Gazette dated 05.03.2022 and numbered 31769.
  • The decisions of the EMRA dated 24.02.2022 and numbered 10806 and 10807 were published in the Official Gazette dated 11.03.2022 and numbered 31775.
  • The decisions of the EMRA dated 10.03.2022 and numbered 10832, 10834, 10841, and 10842 were published in the Official Gazette dated 12.03.2022 and numbered 31776.
  • The decisions of the EMRA dated 17.03.2022 and numbered 10847-1, 10847-2, and 10866 were published in the Official Gazette dated 18.03.2022 and numbered 31782.
  • The decisions of the EMRA dated 17.03.2022 and numbered 10859 and 10861 were published in the Official Gazette dated 19.03.2022 and numbered 31783.


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