Recent Keynotes of November 2023

30.11.2023 Elvan Galatalı
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International Agreements

  • The Resolution of the President dated 24.10.2023 and numbered 7731 on the Approval of the Protocol on Cooperation in the Field of Social Assistance and Social Services between the Government of the Republic of Türkiye and the Government of the Turkish Republic of Northern Cyprus was published in the Official Gazette dated 25.10.2023 and numbered 32350.
  • The Resolution of the President dated 24.10.2023 and numbered 7732 on the Approval of the Letter of Agreement between the Government of the Republic of Türkiye, Represented by the Ministry of Environment, Urbanization and Climate Change, and the United Nations, Represented by the United Nations Environment Program was published in the Official Gazette dated 25.10.2023 and numbered 32350.
  • The Resolution of the President dated 25.10.2023 and numbered 7740 on the Approval of the Grant Agreement between the Republic of Türkiye and the International Bank for Reconstruction and Development on the European Union Instrument for Pre-Accession Assistance (IPA) Energy Sector Program Phase IV - Offshore Wind Energy Support Project was published in the Official Gazette dated 26.10.2023 and numbered 32351.
  • The Resolution of the President dated 01.11.2023 and numbered 7746 on the Approval of the Annexed Agreement between the Republic of Türkiye and the European Union on the Participation of the Republic of Türkiye in the Union Program Digital Europe Program (2021-2027) signed on behalf of the Republic of Türkiye in Ankara on 31.07.2023 to be Effective as of 1 January 2023 was published in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7465 on the Approval of the Ratification, with Notes, of the Protocol on the Amendment to the Air Services Agreement signed between the Government of the Republic of Türkiye and the Government of the Kyrgyz Republic on 14.10.1994 entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7466 on the Approval of the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Senegal for the Avoidance of Double Taxation of Taxes on Income and Prevention of Tax Evasion and the Protocol on the Amendment to the Agreement, together with the Notes on the Amendment to the Agreement entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7467 on the Approval of the Ratification of the Agreement between the Republic of Türkiye and the Democratic Republic of the Congo for the Avoidance of Double Taxation on Income Taxes and the Prevention of Tax Evasion and Tax Avoidance entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7468 on the Approval of the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Democratic Socialist Republic of Sri Lanka for the Avoidance of Double Taxation in Taxes on Income and Prevention of Tax Evasion and Tax Avoidance and the Additional Protocol entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7469 on the Approval of the Ratification of the Agreement between the Government of the Republic of Türkiye and the Government of the Kingdom of Cambodia for the Avoidance of Double Taxation and Prevention of Tax Evasion in Taxes on Income, together with the Notes entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Law numbered 7470 on the Approval of the Ratification of the Agreement on the Establishment of the Turkish Investment Fund entered into force through publication in the Official Gazette dated 11.11.2023 and numbered 32366.
  • The Resolution of the President dated 17.11.2023 and numbered 7791 on the Approval of the Protocol on the Amendment to the Marrakesh Agreement Establishing the World Trade Organization and the Agreement on Fisheries Subsidies Annexed to the Protocol was published in the Official Gazette dated 18.11.2023 and numbered 32373.

Resolutions of the President

  • The Resolution of the President dated 25.10.2023 and numbered 7739 on the Approval of the Presidential Annual Program for 2024 was published in the Official Gazette dated 25.10.2023 and bis numbered 32350.
  • The Resolution of the President dated 25.10.2023 and numbered 7741 on the Amendment to the Resolution on Agricultural Subsidies in 2023 and Support for the Use of Certified Seeds in 2024 was published in the Official Gazette dated 26.10.2023 and numbered 32351. This Resolution entered into force through publication, effective as of 01.01.2023.
  • The Resolution of the President dated 27.10.2023 and numbered 7742 on the Repeal of the Radiation Safety Regulation was published in the Official Gazette dated 28.10.2023 and numbered 32353.
  • The Resolution of the President dated 13.11.2023 and numbered 7782 on the Determination of the Delay Increase Rate in the First Paragraph of Article 51 of the Law No. 6183 on the Procedure for Collection of Public Receivables as 3,5% to be Applied Separately for Each Month was published in the Official Gazette dated 14.11.2023 and numbered 32369.
  • The Resolution of the President dated 17.11.2023 and numbered 7803 on the Redetermination of the Special Consumption Tax Bases Based on the Special Consumption Tax Rates of Certain Goods in the List No. (II) Attached to the Special Consumption Tax Law No. 4760 was published in the Official Gazette dated 18.11.2023 and numbered 32373.

Legislation

  • The Regulation on the Procedures and Principles to be Applied in Railway Passenger Transportation Public Service Obligation Contracts entered into force through publication in the Official Gazette dated 21.10.2023 and numbered 32346.
  • The Code of Civil Procedure Expense Advance Tariff entered into force through publication in the Official Gazette dated 24.10.2023 and numbered 32349.
  • The Code of Civil Procedure Arbitrator Fee Tariff entered into force through publication in the Official Gazette dated 24.10.2023 and numbered 32349.
  • The Code of Civil Procedure Witness Fee Tariff entered into force through publication in the Official Gazette dated 24.10.2023 and numbered 32349.
  • The Tariff of the Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2020/5) was published in the Official Gazette dated 24.10.2023 and numbered 32349. This Communiqué enters into force on the thirtieth day following the date of publication.
  • The Regulation on the Amendment to the Regulation on Electronic Tender Implementation entered into force through publication in the Official Gazette dated 27.10.2023 and numbered 32352.
  • The Regulation on the Amendment to the Implementing Regulation on Service Procurement Tenders entered into force through publication in the Official Gazette dated 27.10.2023 and numbered 32352.
  • The Regulation on the Amendment to the Implementing Regulation on Procurement of Goods Tenders entered into force through publication in the Official Gazette dated 27.10.2023 and numbered 32352.
  • The Communiqué on the Amendment to the Communiqué on Securities Registration (No: 2023/29) entered into force through publication in the Official Gazette dated 27.10.2023 and numbered 32352.
  • The Regulation on the Amendment to the Radiation Safety Regulation entered into force through publication in the Official Gazette dated 28.10.2023 and numbered 32353.
  • The Regulation on Authorizations Regarding Radiation Facilities and Radiation Applications entered into force through publication in the Official Gazette dated 28.10.2023 and numbered 32353.
  • The Communiqué on the Amendment to the Communiqué on the Procedures and Principles Regarding the Abandonment of Energy Consumption Fees under the State of Emergency entered into force through publication in the Official Gazette dated 28.10.2023 and numbered 32353.
  • The Communiqué on the Implementation of Surveillance in Imports (No: 2023/10) was published in the Official Gazette dated 28.10.2023 and numbered 32353. This Communiqué enters into force on the thirtieth day following the date of publication.
  • The Communiqué on the Amendment to the Communiqué on National Occupational Standards (No: 2023/19) entered into force through publication in the Official Gazette dated 30.10.2023 and numbered 32354.
  • The Communiqué (No: 2023/20) on the Amendment to the Communiqué on National Occupational Standards (Communiqué No: 2016/12) entered into force through publication in the Official Gazette dated 30.10.2023 and numbered 32354.
  • The Communiqué on the Amendment to the Communiqué on National Occupational Standards (No: 2023/21) entered into force through publication in the Official Gazette dated 30.10.2023 and numbered 32354.
  • The Communiqué (No: 2023/23) on the Amendment to the Communiqué on National Occupational Standards (Communiqué No: 2014/1) entered into force through publication in the Official Gazette dated 30.10.2023 and numbered 32354.
  • The Communiqué on the Amendment to the Communiqué on National Occupational Standards (No: 2023/25) entered into force through publication in the Official Gazette dated 30.10.2023 and numbered 32354.
  • The Communiqué on the Amendment to the Communiqué on the Procedures and Principles Regarding the Implementation of Article 376 of the Turkish Commercial Code No. 6102 entered into force through publication in the Official Gazette dated 31.10.2023 and numbered 32355.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/29) entered into force through publication in the Official Gazette dated 31.10.2023 and numbered 32355.
  • The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/31) entered into force through publication in the Official Gazette dated 31.10.2023 and numbered 32355.
  • The Determination of Interest Rates to be Applied in Rediscount and Advance Transactions entered into force through publication in the Official Gazette dated 01.11.2023 and numbered 32356.
  • The Law numbered 7464 on the Leasing of Houses for Tourism Purposes and Amendments to Certain Laws was published in the Official Gazette dated 02.11.2023 and numbered 32357. The articles of this Law enter into force on different dates.
  • The Communiqué on the Amendment to the General Communiqué on the Implementation of Product Monitoring System for Tobacco Products, Macarons, Leaf Cigarette Paper and Alcoholic Beverages (Serial No: 1) entered into force through publication in the Official Gazette dated 02.11.2023 and numbered 32357.
  • The Communiqué (Serial No: 2023/30) on the Amendment to the Communiqué on Reserve Requirements (No: 2013/15) was published in the Official Gazette dated 02.11.2023 and numbered 32357. The articles of this Communiqué enter into force on different dates.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles Regarding the Production and Trade of Macarons was published in the Official Gazette dated 03.11.2023 and numbered 32358. The articles of this Regulation enter into force on different dates.
  • The Communiqué on Safeguard Measures in Imports (No: 2023/6) entered into force through publication in the Official Gazette dated 03.11.2023 and numbered 32358.
  • The Communiqué on the Amendment to the Communiqué on Blending Ethanol into Gasoline Types was published in the Official Gazette dated 03.11.2023 and numbered 32358. This Communiqué enters into force on 01.01.2024.
  • The Communiqué on the Amendment to the Communiqué on Blending Biodiesel into Diesel Types entered into force through publication in the Official Gazette dated 03.11.2023 and numbered 32358.
  • The Regulation on the Amendment to the Regulation on Distance Contracts was published in the Official Gazette dated 04.11.2023 and numbered 32359. This Regulation enters into force on 01.01.2024.
  • The Communiqué on National Occupational Standards (No: 2023/22) entered into force through publication in the Official Gazette dated 05.11.2023 and numbered 32360.
  • The Communiqué on the Amendment to the Communiqué on National Occupational Standards (No: 2023/24) entered into force through publication in the Official Gazette dated 05.11.2023 and numbered 32360.
  • The Regulation on Radioactive Waste and Spent Fuel Management entered into force through publication in the Official Gazette dated 07.11.2023 and numbered 32362.
  • The Regulation on the Amendment to the Regulation on the Procedures and Principles Regarding the Monitoring of Transactions Affecting the Foreign Exchange Position by the Central Bank of the Republic of Türkiye was published in the Official Gazette dated 08.11.2023 and numbered 32363. This Regulation enters into force on 01.01.2024.
  • The Law numbered 7471 on the Amendment of the Law on the Transformation of Areas under Disaster Risk and Certain Laws and the Decree Law No. 375 was published in the Official Gazette dated 09.11.2023 and numbered 32364. The articles of this Law enter into force on different dates.
  • The Regulation on the Amendment to the Electricity Market Connection and System Utilization Regulation entered into force through publication in the Official Gazette dated 09.11.2023 and numbered 32364.
  • The Communiqué on the Determination of the Procedures and Principles Regarding the Implementation of the General Investment and Financing Program for 2024 was published in the Official Gazette dated 09.11.2023 and numbered 32364. The articles of this Communiqué enter into force on different dates.
  • The Regulation on Wastewater Treatment Plant Energy Incentive entered into force through publication in the Official Gazette dated 11.11.2023 and numbered 32366.
  • The Regulation on the Amendment to the Regulation on the Principles of Testing and Inspection of Agricultural Machinery and Agricultural Technology Vehicles entered into force through publication in the Official Gazette dated 14.11.2023 and numbered 32369.
  • The General Communiqué on Collection (Serial: C, No:7) entered into force through publication in the Official Gazette dated 14.11.2023 and numbered 32369.
  • The Regulation on the Amendment to the Regulation on Supporting the Cinema Sector entered into force through publication in the Official Gazette dated 17.11.2023 and numbered 32372.
  • The Regulation on the Amendment to the Regulation on Private Hospitals entered into force through publication in the Official Gazette dated 17.11.2023 and numbered 32372.
  • The Regulation on the Inspection of Private Health Facilities entered into force through publication in the Official Gazette dated 17.11.2023 and numbered 32372.
  • The Regulation on the Amendment to the Implementing Regulation on Technology Development Zones entered into force through publication in the Official Gazette dated 18.11.2023 and numbered 32373.
  • The Regulation on the Issuance of Green Port Certificate to Coastal Facilities entered into force through publication in the Official Gazette dated 18.11.2023 and numbered 32373.

Competition Board Decisions

  • The Competition Board (“Board”) decided that the privatization of Akbulut Tekstil Commercial and Economic Integrity through the transfer of assets is not subject to preliminary notification since the turnover threshold stipulated in Article 3 of the Communiqué No. 2013/2 on the Procedures and Principles to be Followed in the Preliminary Notifications and Permission Applications to be Made to the Competition Authority for the Acquisitions through Privatization to Gain Legal Validity has not been exceeded. Therefore, the transaction in question is not subject to a final notification under the current conditions pursuant to Article 5 of the Communiqué. (26.10.2023, 23-50/957-342)

Mergers and Acquisitions

  • The Board decided that the acquisition of certain shares of Ahmet Yaşar AYDIN in T.O.M. Katılım Bankası AŞ, T.O.M. Pay Elektronik Para ve Ödeme Hizmetleri AŞ and T.O.M. Finansman AŞ by Dubai Islamic Bank PJSC through Star Digital Investments SPV Limited is not within the scope of the transaction. (26.10.2023, 23-50/983-BD)
  • The Board authorized the acquisition of sole control of Inofab Sağlık Teknolojileri Anonim Şirketi (Inofab) by Clario Holding Inc. (Clario) through its subsidiary eResearchTechnology GmbH. (26.10.2023, 23-50/969-351)
  • The Board authorized the indirect acquisition of the sole control of Esinti Enerji Üretim Ticaret ve Sanayi AŞ by Entek Elektrik Üretimi AŞ. (26.10.2023, 23-50/969-351)
  • The Board authorized the acquisition of a portion of the shares, and therefore joint control, of PT Rafflesia Investasi Indonesia, currently under the sole control of Indonesia Investment Authority, by APG Asset Management N.V. (through its wholly owned subsidiary Kurito Investments Holding B.V.) and Platinum Compass B 2018 RSC Limited (26.10.2023, 23-50/956-341)
  • The Board authorized the acquisition of a certain percentage of the shares and joint control of So.Fi.M.A. Società Finanziaria Macchine Automatiche S.p.A. by BDT Capital Partners, LLC. (26.10.2023, 23-50/954-340)
  • The Board decided that the transfer of the starch production facility of Maren Maraş Elektrik Üretim AŞ, together with its buildings, facilities, machinery and equipment, vehicles and fixtures, to Batı Kipaş Kağıt Sanayi ve Ticaret AŞ, in which Maren Maraş Elektrik Üretim AŞ holds all of the shares, is not within the scope of the transaction. (02.11.2023, 23-51/989-BD)
  • The Board authorized the acquisition of sole control of H3C Technologies Co., Ltd. by Unisplendour International Technology Limited through share purchase (02.11.2023, 23-51/985-359)

Energy

  • The decision of the Energy Market Regulatory Authority ("EMRA") dated 19.10.2023 and numbered 12145 was published in the Official Gazette dated 21.10.2023 and numbered 32346.
  • The Decision of EMRA dated 19.10.2023 and numbered 12138 was published in the Official Gazette dated 24.10.2023 and numbered 32349.
  • The Decisions of EMRA dated 26.10.2023 and numbered 12153-1, 12153-2, 12156, 12157 and 12158 were published in the Official Gazette dated 28.10.2023 and numbered 32353.
  • The Decision of EMRA dated 09.11.2023 and numbered 12186 was published in the Official Gazette dated 10.11.2023 and numbered 32365.
  • The Decision of EMRA dated 09.11.2023 and numbered 12178 was published in the Official Gazette dated 11.11.2023 and numbered 32366.
  • The Decision of EMRA dated 09.11.2023 and numbered 12179 was published in the Official Gazette dated 11.11.2023 and numbered 32366.

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Have Form Requirements been brought for Engagements?
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United States Economic Sanctions Regime: Iran
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Regulation on Pilotage and Towage Services
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Approach to Trust Law from a Civil Law Perspective
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Operation of Economic Enterprises by Foundations
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Operation of Economic Enterprises by Foundations

Pursuant to Art. 101 of the Turkish Civil Code (“CC”) No. 4721, foundations are an ensemble of assets that have legal personality, which comprises of sufficient assets and rights that are allocated by real and legal persons for a determined and perpetual objective. Foundations are legal persons that have “ideal...

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Industry 4.0 and Its Impact in the Legal World
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Turkish Wealth Fund
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Turkish Wealth Fund
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