Recent Keynotes of October 2017

October 2017
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International Agreements

  • The Resolution of Council of Ministers dated 15.08.2017 and numbered 2017/10741 on the Ratification of the Memorandum of Understanding between the Ministry of Justice of the Republic of Turkey and Ministry of Justice of the Republic of Portugal was published in the Official Gazette dated 20.09.2017 and numbered 30186.
  • The Resolution of Council of Ministers dated 15.08.2017 and 2017/10730 on the Ratification of the Air Services Agreement between the Government of the Republic of Turkey and the Government of the Kingdom of Cambodia was published in the Official Gazette dated 22.09.2017 and numbered 30188.
  • The Resolution of Council of Ministers dated 15.08.2017 and numbered 2017/10749 on the Ratification of the Memorandum of Understanding on Turkey-Qatar Economic and Technical Cooperation Mixed Committee 6th Term Meeting was published in the Official Gazette dated 25.09.2017 and numbered 30192.
  • The Resolution of Council of Ministers dated 03.07.2017 and numbered 2017/10677 on the Ratification of the Turkish-Hungarian Mixed Economic Commission 5th Term Meeting Protocol was published in the Official Gazette dated 28.09.2017 and numbered 30194 (bis.).
  • The Resolution of Council of Ministers dated 03.07.2017 and numbered 2017/10686 on the Ratification of the Memorandum of Understanding on the Development of Labor Force between the Government of the Turkish Republic and Government of the Republic of Indonesia was published in the Official Gazette dated 28.09.2017 and numbered 30194 (bis.).
  • The Resolution of Council of Ministers dated 03.07.2017 and 2017/10685 on the Ratification of the Agreement on Commercial and Economic Cooperation between the Government of the Republic of Turkey and the Government of the Republic of Honduras was published in the Official Gazette dated 28.09.2017 and numbered 30194 (bis.).
  • The Resolution of Council of Ministers dated 03.07.2017 and 2017/10679 on the Ratification of the Social Security Agreement between the Government of the Republic of Turkey and the Government of the Kingdom of Belgium was published in the Official Gazette dated 28.09.2017 and numbered 30194 (bis.).
  • The Resolution of Council of Ministers dated 03.07.2017 and 2017/10680 on the Ratification of the Agreement on Information Exchange Regarding Tax Matters between the Government of the Republic of Turkey and the Government of Gibraltar was published in the Official Gazette dated 28.09.2017 and numbered 30194 (bis.).
  • The Resolution of Council of Ministers dated 11.09.2017 and 2017/10812 on the Ratification of the Grant Agreement between the Government of the Republic of Turkey and the Government of Federal Republic of Somalia was published in the Official Gazette dated 29.09.2017 and numbered 30195.
  • The Resolution of Council of Ministers dated 15.08.2017 and numbered 2017/10763 on the Ratification of the Cooperation Protocol between the Ministry of Justice of the Republic of Turkey and Ministry of Justice of the Hellenic Republic was published in the Official Gazette dated 02.10.2017 and numbered 30198 (bis.).
  • The Resolution of Council of Ministers dated 15.08.2017 and numbered 2017/10761 on the Ratification of the Changes in the Kyoto Protocol, made at the Doha Conference was published in the Official Gazette dated 02.10.2017 and numbered 30198 (bis.).

Council of Ministers Resolutions

  • The Resolution of Council of Ministers dated 11.09.2017 and numbered 2017/10818 regarding the Amendment on the Principals on the Employment of the Contract Employee was published in the Official Gazette dated 30.09.2017 and numbered 30196.
  • The Resolution of Council of Ministers dated 22.09.2017 and numbered 2017/10841 regarding the Redetermination of the Net Borrowing Limitation for 2017 Considering the Needs and Development of Debt Management was published in the Official Gazette dated 07.10.2017 and numbered 30203.
  • The Resolution of Council of Ministers dated 17.10.2017 and numbered 1165 regarding the Extension of the State of Emergency was published in the Official Gazette dated 18.10.2017 and numbered 30214 (bis.).

Legislation

  • The Mine Regulation entered into force through publication in the Official Gazette dated 21.09.2017 and numbered 30187.
  • The Mine Sites Tender Regulation entered into force through publication in the Official Gazette dated 21.09.2017 and numbered 30187.
  • The Regulation regarding the Amendment to the Application Regulation on the Turkish Petrol Law entered into force through publication in the Official Gazette dated 22.09.2017 and numbered 30188.
  • The Regulation regarding the Amendment to the Application Regulation on Organized Industrial Zones entered into force through publication in the Official Gazette dated 26.09.2017 and numbered 30192.
  • The General Communiqué on Double Taxation Agreements (Serial no: 4) entered into force through publication in the Official Gazette dated 26.09.2017 and numbered 30192.
  • The Communiqué regarding the Amendment to the General Application Communiqué on the Value-added Tax (Serial no: 14) was published in the Official Gazette dated 27.09.2017 and numbered 30195. This Communiqué enters into force at the beginning of the month that follows the date of its publication.
  • The Regulation on the Invention of Employees, the Inventions that are made in Higher Education Institutions and the Inventions that are made in the State-funded Projects entered into force through publication in the Official Gazette dated 29.09.2017 and numbered 30195.
  • The Regulation on the Determination of the Preferential Origin of Goods in Commerce within the framework of the Turkey-Singapore Free Trade Agreement entered into force through publication in the Official Gazette dated 01.10.2017 and numbered 30197.
  • The Regulation regarding the Amendment to the Regulation on the Procedures and Principles to be applied to the Factoring Transactions entered into force through publication in the Official Gazette dated 06.10.2017 and numbered 30202.
  • The Regulation on the Abrogation of the General Regulation regarding the Establishment and Rules of Procedure of the Precious Metal Stock Exchange entered into force through publication in the Official Gazette dated 07.10.2017 and numbered 30203.
  • The Customs General Communiqué regarding the Turkey-European Union Instrument for Pre-accession Assistance (IPA II) Framework Agreement (Serial no: 1) entered into force through publication in the Official Gazette dated 07.10.2017 and numbered 30203.
  • The Regulation regarding the Amendment to the Regulation on the Directorate General of Electricity Generation Corporation Sales of Goods and Services and Equipment Lease entered into force through publication in the Official Gazette dated 11.10.2017 and numbered 30207.
  • The Regulation regarding the Amendment to the Regulation on the Facilitation of the Customs Transactions was published in the Official Gazette dated 13.10.2017 and numbered 30209. Various provisions of this Regulation enter into force on different dates.
  • The Regulation on the Accounting of the Transactions regarding the Private Accounts that belong to the Public Administrations, valid as of 01.01.2017, was published in the Official Gazette dated 17.10.2017 and numbered 30203.
  • The Regulation regarding the Amendment to the Regulation on the Waste Reception from the Vessels and Waste Control entered into force through publication in the Official Gazette dated 17.10.2017 and numbered 30213.
  • The Communiqué (Communiqué No: 2017/25) on the Prevention of Unfair Competition in Importation entered into force through publication in the Official Gazette dated 17.10.2017 and numbered 30213.
  • The Communiqué (Communiqué No: 2017/12) on the Application of Import Survey entered into force through publication in the Official Gazette dated 17.10.2017 and numbered 30213.
  • The Communiqué on the Determination of the Distribution Connection Prices in Electricity Market entered into force through publication in the Official Gazette dated 18.10.2017 and numbered 30214.

Competition Board Decisions

  • The Competition Board (“Board”) held that the Pre-paid Calling Card Service Protocol that is concluded between the Work Dorm Directorate of the Open Penal Institution of the Ministry of Justice and Türk Telekomünikasyon A.Ş. benefits from the group exemption. (27.09.2017, 17-30/490-212)
  • The Board granted two years of individual exemption to “Traffic Insurance Reference Scoring Project” of the Turkish Insurance, Reassurance and Retirement Corporations Union. (27.09.2017, 17-30/500-219)

Mergers and Acquisitions

  • The Board authorized the indirect acquisition of the joint control of PharMerica Corporation by KKR & Co. L.P and the portfolio companies controlled by the latter and by Walgreens Boots Alliance, Inc and its affiliates. (27.09.2017, 17-30/491-213)
  • The Board authorized the acquisition of the sole control of Zodiac Aerospace S.A. by Safran S.A. (27.09.2017, 17-30/486-210)
  • The Board decided that the merger of Yazıcılar Holding A.Ş., Anadolu Endüstri Holding A.Ş. ve Özilhan Sınai Yatırım A.Ş. under Yazıcılar Holding and, thus, the establishment of Birleşik Yazıcılar Holding A.Ş., and that all companies of Anadolu Group gathered under this structure are not within the scope of an application.( 27.09.2017, 17-30/503-BD)
  • The Board authorized the acquisition of the shares of Mefro Wheels GmbH by Accuride Corporation. (27.09.2017, 17-30/499-218)
  • The Board authorized the acquisition of the Body Control Systems-BCS branch of TRW Automotive Inc. by Luxshare Limited. (27.09.2017, 17-30/498-217)
  • The Board authorized the acquisition of the fixed assets of the 20 stores that are included in the stores to be sold off (free of all incumbrances) within the scope of the Board’s Decision dated 09.02.2017 and numbered 17-06/56-22, where the Board authorized the acquisition of a number of shares of Tesco Kipa Kitle Pazarlama Ticaret Lojistik ve Gıda San. A.Ş. by Migros Ticaret A.Ş., and the acquisition of the contracts in relation to the stores by CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. (27.09.2017, 17-30/493-215)
  • The Board authorized the acquisition of Üç Yapraklar Tea Factory in Of/ Trabzon of Enfesler Gıda Pazarlama A.Ş. and the assets that belong to this Factory by Çay İşletmeleri Genel Müdürlüğü through purchase. (27.09.2017, 17-30/492-214)
  • The Board authorized the acquisition of the shares and the joint control of ENGIE E&P International S.A. by Carlyle Group, CVC Capital Partners SICAV-FIS S.A. and China Investment Corporation. (10.10.2017, 17-31/521-225)
  • The Board authorized the merger of Linde Aktiengesellschaft and Praxair, Inc. under the newly established Holding Linde PLC. (10.10.2017, 17-31/520-224)

Energy

  • The Energy Market Regulation Authority (“EMRA”), announced the release of the Petroleum Market Sector Report of July, 2017, the Natural Gas Market Sector Report of July, 2017, the Electricity Market Sector Report of July, 2017, and the Liquidated Petroleum Gas Market Sector Report of July, 2017, on 28.09.2017.
  • The Resolution of the Energy Market Regulatory Board (“EMRB”), dated 21.09.2017 and numbered 7296 on Rules and Procedures regarding the Amendment to the Rules and Procedures in relation to the Distribution System Investments in Electricity was published in the Official Gazette dated 30.09.2017 and numbered 30196.
  • The Resolution of the EMRB on Rules and Procedures regarding the Obligatory Petroleum Stock Coupon System and the Resolution of the EMRB on Rules and Procedures regarding Obligatory Petroleum Stock and Income Share Obligations entered into force through publication in the Official Gazette dated 10.10.2017 and numbered 30206.
  • The Regulation regarding the Amendment to the Regulation on the Liquidated Petroleum Gas Market License was published in the Official Gazette dated 19.10.2017 and numbered 30215.

Constitutional Court Decision

  • The Constitutional Court Decision dated 26.07.2017 and numbered E:2016/191, K:2017/131 that annuls the expression “accrued interest as of the legal submission date according to the date of issuance written on the cheque, which is to be calculated on the basis of interest of commercial default rate pursuant to the Law numbered 3095” in the 2nd sentence of Article 5 of the Law of Cheques numbered 5941, was published in the Official Gazette dated 10.10.2017 and numbered 30206.

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