ERDEM-NEWSLETTER-2018-metin

246 NEWSLETTER 2018 contracts to which seamen are parties have been removed from the scope of the ban. The exception regarding the employment contracts to which Turkish residents who are not Turkish residents are parties, has not been amended by the Amending Communiqué. Service Contracts Service contracts of Turkish residents entered into amongst them- selves, starting in Turkey and ending abroad, starting abroad and end- ing in Turkey, or starting and ending abroad, have been removed from the scope of the restriction. According to the previous version of the Communiqué, only those service contracts concerning electronic com- munications, which starting in Turkey and ending abroad or starting abroad and ending in Turkey were excluded from the foreign currency payment ban. On the other hand the exceptions regulated under the Commu- niqué related with service contracts (such as service contracts made within the scope of export, transit trade, sales and deliveries that qual- ify as exports and foreign currency generating services and activities, service contracts made within the scope of Turkish resident’ activities conducted abroad and contracts to Turkish residents who are not Turk- ish citizens are parties) has not been amended under the Amending Communiqué. Exception Regarding Employment and Service Contracts On the other hand, the Amending Communiqué states that the employment and service contracts to which branches, offices, rep- resentative offices and liaison offices of foreign companies that are located in Turkey, companies located in Turkey in which foreigners have a 50% or more direct or indirect shareholding, and in respect of their free zone activities, and companies located within free zones, shall not be subjected to the restriction, only if these parties hold the title of “employer and service receiver.” Additionally, pursuant to this amendment, companies that are under the control and/or joint control of foreign companies are included within the scope of exemption pur- suant to this amendment.