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ENERGY LAW

315

stock corporations, including publicly traded companies, and to private

law legal entities having the quality of a stock corporation in accordance

with foreign legislation. Said legal entities could be granted a license by

the Council of Ministers where it was deemed to be in accordance with the

national interests. In other words, private companies were able to obtain

a license with a decision of the Council of Ministers, differently from

TPAO. On the other hand, the Turkish Petroleum Law does not contain

such a provision related to the approval of the Council of Ministers.

Pursuant to Article 18 of the Turkish Petroleum Law, individuals who

claim rights as per the relevant law are under obligation to provide an

address in Turkey. An investigation permit, exploration license or operating

license shall not be granted to those who do not provide an address.

Pursuant to Article 19 of the Turkish Petroleum Law, the petroleum

right holder is obligated to provide, to the General Directorate of

Petroleum Affairs, all records, accounts, information, documents and

samples related to the petroleum transaction.

Exploration License

Pursuant to Article 6/5 of the Turkish Petroleum Law, the term of the

exploration license is five years on land and eight years in seas. The license

period may be extended for two years and for up to three years in seas,

with the condition that the license holder submit the work and investment

program which includes at least the performance of one drilling, as well

as providing the corresponding two percent collateral. Additionally,

the term of the exploration license of a petroleum right holder who has

fulfilled their drilling program within the first extension period may be

extended for up to two years on land and for up to three years in seas with

the condition that they submit a new drilling and investment program,

and provide the corresponding two percent collateral.

The period of the exploration license may not be more than nine years

in onshore regions and fourteen years in intra-territorial waters, including

the extensions made after the first effective date. However, an additional

period of up to two years can be granted so that commercial evaluations

can be made regarding a petroleum discovery made in the explored areas

upon the expiry of the term of the exploration license.