331 / 473
NEWSLETTER 2013
318
has been maintained. However, as the actual percentage is below forty
percent, this percentage would not cause a tax loss, on the contrary, it
would be preferable in order to provide an assurance to investors.
Employment of Foreign Personnel
A petroleum right holder may employ foreign personnel who are
required for the performance of the petroleum transaction for a period of
at most six months. To do so, they must obtain a certificate of residence
for employment purposes, to be issued by the Ministry of Internal
Affairs upon the favorable opinion of the Ministry of Energy and Natural
Resources. The conditions imposed are that the provisions of the special
laws are reserved and the employer fulfills the liabilities arising from
other laws. At this point, the provisions of the Law on Employment
Permits for Foreigners No. 4817 shall not be applied. In the event the
employment period exceeds six months, the permit will be obtained in
accordance with the provisions of the relevant law.
Prohibitions and Special Provisions
Pursuant to Article 22/12 of the Turkish Petroleum Law, on the basis
of the whole crude oil and natural gas produced by petroleum right holders
in petroleum fields they discovered after January 1, 1980, petroleum right
holders will be entitled to export 35 percent in onshore fields and 45
percent in offshore fields, in the form of crude petroleum or finished
product. The remaining part and the whole of the crude petroleum and
natural gas produced from the fields discovered before the date of January
1, 1980 and the petroleum products derived therefrom shall be set aside
for country requirements. The power to re-determine these ratios and
to specify the principles and procedures in this regard shall lie with the
Council of Ministers.
Incentives
Pursuant to Article 26 of the Turkish Petroleum Law, the incentives
that will be given for the investments that will be realized by petroleum
right holders shall be determined by the Council of Ministers. This
provision is a new provision, which did not exist in the Petroleum Law