Recent Keynotes of October 2016

International Agreements

• The Resolution of the Council of Ministers dated 09.2016 and numbered 2016/9211 on the Ratification of the Grant Agreement regarding the Catastrophe Containment and Relief Trust Fund (CCR) between the Republic of Turkey and the International Monetary Fund (IMF) entered into force through publication in the Official Gazette dated 04.10.2016 and numbered 29847.
• The Resolution of the Council of Ministers dated 19.09.2016 and numbered 2016/9197 on the Ratification of the Eighth Additional Protocol to the Constitution of the Universal Postal Union entered into force through publication in the Official Gazette dated 05.10.2016 and numbered 29848.
• The Resolution of the Council of Ministers dated 19.09.2016 and numbered 2016/9214 on the Ratification of the Protocol Amending the Agreement Signed in Ankara on 02.06.1987 between the Republic of Turkey and the Kingdom of Belgium for the Avoidance of Double Taxation with Respect to Taxes on Income entered into force through publication in the Official Gazette dated 05.10.2016 and numbered 29848.
• The Resolution of the Council of Ministers dated 19.09.2016 and numbered 2016/9218 on the Ratification of the Memorandum of Understanding on Industrial Cooperation between the Republic of Turkey and the Hashemite Kingdom of Jordan entered into force through publication in the Official Gazette dated 05.10.2016 and numbered 29848.
• The Resolution of the Council of Ministers dated 19.09.2016 and numbered 2016/9219 on the Ratification of the Protocol of Cooperation in Trade Remedies between the Republic of Turkey and the Hashemite Kingdom of Jordan entered into force through publication in the Official Gazette dated 05.10.2016 and numbered 29848.

Resolutions of the Council of Ministers

• The Resolution of the Council of Ministers dated 07.09.2016 and numbered 2016/9139 on the Amendment to the Resolution on State Aid for Investments entered into force through publication in the Official Gazette dated 05.10.2016 and numbered 29848.
• The Resolution of the Council of Ministers dated 07.09.2016 and numbered 2016/9300 on the Ratification of the Medium Term Program (2017-2019) entered into force through publication in the Official Gazette dated 06.10.2016 and numbered 29849 (bis).
• The Communiqué (Serial No: 2) on the Amendment to the General Communiqué on the Application of the Special Consumption Tax List numbered (II) entered into force through publication in the Official Gazette dated 13.10.2016 and numbered 29856.

Legislation

• The Communiqué on the Prevention of Unfair Competition in Importation (No: 2016/38) entered into force through publication in the Official Gazette dated 09.2016 and numbered 29837.
• The Regulation on the Amendment to the Regulation on Bank Debit and Credit Cards entered into force through publication in the Official Gazette dated 27.09.2016 and numbered 29840.
• The Customs General Communiqué (End-Use) (Serial No: 1) entered into force through publication in the Official Gazette dated 29.09.2016 and numbered 29842.
• The Stamp Tax Law General Communiqué (Serial No: 60) entered into force through publication in the Official Gazette dated 29.09.2016 and numbered 29842.
• The Real Estate Tax Law General Communiqué (Serial No: 69) entered into force through publication in the Official Gazette dated 29.09.2016 and numbered 29842.
• The Communiqué (Importation: 2016/3) regarding the Works on the Annex Resolution to the Resolution on the Import Regime for the year 2017 entered into force through publication in the Official Gazette dated 30.09.2016 and numbered 29843.
• The Fees Law General Communiqué (Serial No: 77) entered into force through publication in the Official Gazette dated 04.10.2016 and numbered 29847.
• The Communiqué on the Amendment to the General Implementation Communiqué on the Value Added Tax (Serial No: 7) entered into force through publication in the Official Gazette dated 04.10.2016 and numbered 29847.
• The Resolution on the Selection of Members for the Board of Personal Data Protection entered into force through publication in the Official Gazette dated 07.10.2016 and numbered 29850.
• The National Estate General Communiqué (Serial No: 373) entered into force through publication in the Official Gazette dated 08.10.2016 and numbered 29851.
• The Regulation on the Amendment to the Customs Regulation entered into force through publication in the Official Gazette dated 07.10.2016 and numbered 29850.
• The Communiqué (Serial No: 374) on the Amendment to the National Estate General Communiqué (Serial No: 336) entered into force through publication in the Official Gazette dated 08.10.2016 and numbered 29851.
• The Regulation on Renewable Energy Resource Areas entered into force through publication in the Official Gazette dated 09.10.2016 and numbered 29852.
• The Regulation on Private Employment Agencies entered into force through publication in the Official Gazette dated 11.10.2016 and numbered 29854.
• The Decision of the Grand National Assembly of Turkey dated 11.10.2016 and numbered 1130 on the Extension of the State of Emergency entered into force through publication in the Official Gazette dated 13.10.2016 and numbered 29856.
• The Communiqué on the Prevention of Unfair Competition in Importation (No: 2016/39) entered into force through publication in the Official Gazette dated 13.10.2016 and numbered 29856.
• The Regulation on the Processing and Protection of Personal Health Data entered into force through publication in the Official Gazette dated 20.10.2016 and numbered 29863.
• The Regulation on the Amendment to the Regulation on Electricity Market Consumer Services entered into force through publication in the Official Gazette dated 20.10.2016 and numbered 29863.

Competition Board Decisions

• The Competition Board (“Board”) decided that the Exclusive Procurement Depository Agreement (“Agreement”) executed on 30.03.2016 between Roche Müstahzarları Sanayii A.Ş. and MTS İlaç Dağıtım Ticaret A.Ş. is within the scope of Article 4 of Law No. 4054 because of its competition restrictive covenants. Article 11.2. of the Agreement shall be reformulated, and the non-compete clause may only bind MTS İlaç Dağıtım Ticaret A.Ş. and the persons with significant control over the company, and the Article should prohibit MTS İlaç Dağıtım Ticaret A.Ş. from participating in the relevant tenders with competitive products. Within these perimeters, the Agreement shall be granted an individual exemption. (13.10.2016; 16-33/569-247)

Mergers and Acquisitions

• The Board authorized the establishment of the joint control on Bunge Indo-China Holdings Pte Ltd. and its subsidiary Bunge Vietnam Limited, by Siteki Investments Pte Ltd., a subsidiary of Wilmar International Limited, and Bunge Agribusiness Singapore Pte Ltd., a subsidiary of Bunge Limited. (05.10.2016; 16-32/545-239)
• The Board authorized the merger of Hewlett Packard Enterprise Services and Computer Sciences Corporation. (05.10.2016; 16-32/544-238)
• The Board decided that the establishment of a fully functioning joint venture by Limar Liman ve Gemi İşletmeleri A.Ş. and Duisburger Hafen AG is not subject to authorization. (13.10.2016; 16-33/583-BD)
• The Board authorized the acquisition of the sole control of United Arab Shipping Company S.A.G by Hapag-Lloyd AG. (13.10.2016; 16-33/574-250)
• The Board authorized the acquisition of the Clondalkin Group Holdings B.V. by CAMAC B.V. controlled by Egeria Industrials AG. (13.10.2016; 16-33/568-246)
• The Board authorized the establishment of a joint venture by the acquisition of a certain amount of shares of Glencore Agriculture Limited, under the sole control of Glencore plc, by the Canada Pension Plan Investment Board. (13.10.2016; 16-33/567-245)
• The Board authorized the acquisition of 100% of the shares of LEDVANCE GmbH and LEDVANCE LLC held by Osram Licht AG, by He Xie Zhuo Rui (Zhuhai) Investment Management Co. Ltd., held by IDG Capital Partners. (13.10.2016; 16-33/560-241)
• The Board authorized the acquisition of the sole control of Emerson Network Power from Emerson Electric Co., by Platinum Equity Group. (13.10.2016; 16-33/559-240)

Energy

• The Articles of Association of the Turkish Electricity Trading and Contracting Company entered into force through publication in the Official Gazette dated 22.09.2016 and numbered 29835.
• The Energy Market Regulatory Authority (“EMRA”) published the Natural Gas Market Sector Report of July 2016 on 26.09.2016.
• The EMRA published the Petroleum Market Sector Report of July 2016 on 27.09.2016.
• The EMRA published the Liquefied Petroleum Gas (LPG) Market Sector Report of July 2016 on 28.09.2016.
• The EMRA published the Electricity Market Sector Report of July 2016 on 29.09.2016.
• The EMRA Decision dated 29.09.2016 numbered 6505 entered into force through publication in the Official Gazette dated 01.10.2016 and numbered 29844.
• The EMRA Decision dated 29.09.2016 numbered 6506 entered into force through publication in the Official Gazette dated 01.10.2016 and numbered 29844.
• The Regulation on Natural Gas Market Tariffs entered into force through publication in the Official Gazette dated 13.10.2016 and numbered 29856.
• The Regulation on the Amendment to the Regulation on the Liquified Petroleum Gas (LPG) Market License entered into force through publication in the Official Gazette dated 14.10.2016 and numbered 29857.
• The EMRA published the Liquified Petroleum Gas (LPG) Market Sector Report of August 2016 on 19.10.2016.
• The EMRA published the Electricity Market Sector Report of August 2016 on 20.10.2016.