Recent Keynotes of January 2021
International Agreements
- The Resolution of the President dated 25.12.2020 and numbered 3339 on the Approval of the 2019 Amendments to the Annexes of the European Agreement Concerning the International Carriage of Dangerous Goods by Road Prepared under the United Nations Economic Commission for Europe, was published in the Official Gazette dated 26.12.2020 and numbered 31346.
- The Resolution of the President dated 28.12.2020 and numbered 3338 on the Approval of the Air Services Agreement between the Government of the Republic of Turkey and the Government of the Republic of Madagascar, was published in the Official Gazette dated 29.12.2020 and numbered 31349.
- The Resolution of the President dated 30.12.2020 and numbered 3346 on the Approval of the Amendment Protocol to the Annual Action Program for 2016 Concerning the Financing Agreement between the Government of the Republic of Turkey and the European Commission Signed through Exchange of Letters, was published in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Resolution of the President dated 18.01.2021 and numbered 3429 on the Approval of the Preferential Trade Agreement between the Government of the Republic of Turkey and the Government of the Republic of Azerbaijan, was published in the Official Gazette dated 19.01.2021 and numbered 31369.
Resolutions of the President
- The Resolution of the President dated 22.12.2020 and numbered 3318 on the Amendment to the Decree Regarding the Determination of the Value Added Tax Rates that will be Applied to Goods and Services, was published in the Official Gazette dated 23.12.2020 and numbered 31343. Various provisions of this Resolution enter into force on different dates.
- The Resolution of the President dated 22.12.2020 and numbered 3319 on the Amendment to the Additional Resolution of the Resolution of the Council of Ministers dated 12.01.2009 and numbered 2009/14592 on the Stoppage Rates in Article 67 of Income Tax Law No. 193 and Additional Resolution of the Resolution of the Council of Ministers dated 12.01.2009 and numbered 2009/14594 on Withholding Rates in Article 15 of Corporate Income Tax Law No. 5520 was published in the Official Gazette dated 23.12.2020 and numbered 31343. This Resolution enters into force on 01.01.2021.
- The Resolution of the President dated 22.12.2020 and numbered 3320 on Stoppage Rates in Provisional Article 67 of Income Tax Law No. 193 was published in the Official Gazette dated 23.12.2020 and numbered 31343. Various provisions of this Resolution enter into force on different dates.
- The Resolution dated 22.12.2020 and numbered 3322 on the Amendment to the Additional Decision of the Decision on the Import Regime entered into force through publication in the Official Gazette dated 23.12.2020 and numbered 31343.
- The Resolution of the President dated 22.12.2020 and numbered 3323 on Support for Tradesmen and Craftsmen and Natural Person Traders due to the Coronavirus Outbreak entered into force through publication in the Official Gazette dated 23.12.2020 and numbered 31343.
- The Resolution of the President on Re-determination of Special Consumption Tax Ratio to be Applied to Some Goods and those not to be Implemented Provision of Clause (3) of Article 12 of Special Consumption Tax Law No. 4760 to these Goods for the January-June Period of 2021 entered into force through publication in the Official Gazette dated 25.12.2020 and numbered 31345.
Legislation
- The Regulation on the Amendment to the Regulation on the Principles Regarding the Establishment and Activities of Pension Mutual Funds entered into force through publication in the Official Gazette dated 23.12.2020 and numbered 31343.
- The General Communiqué on National Estate (Order No: 401) entered into force through publication in the Official Gazette dated 23.12.2020 and numbered 31343.
- The Communiqué (III-52.1.d) on the Amendment to the Communiqué on the Principles regarding Investment Funds (III-52.1) entered into force through publication in the Official Gazette dated 23.12.2020 and numbered 31343.
- The Resolution on Extending the Scope of the Operation License of N Kolay Ödeme Kuruluşu A.Ş. was published in the Official Gazette dated 24.12.2020 and numbered 31344.
- The Resolution on Granting an Operation License to Hızlıöde Elektronik Para ve Ödeme Hizmetleri A.Ş. to Operate as an Electronic Money Institution was published in the Official Gazette dated 24.12.2020 and numbered 31344.
- The Resolution on Granting an Operation License to Paybull Ödeme Hizmetleri A.Ş. to Operate as a Payment Institution was published in the Official Gazette dated 24.12.2020 and numbered 31344.
- The Regulation on the Amendment to the Regulation on Electricity Market Licensing entered into force through publication in the Official Gazette dated 25.12.2020 and numbered 31345.
- The Communiqué on Supervision in Imports (No: 2020/9) entered into force through publication in the Official Gazette dated 25.12.2020 and numbered 31345.
- The 2021 Minimum Expert Fee Tariff was published in the Official Gazette dated 26.12.2020 and numbered 31346. This Tariff enters into force on 01.01.2021.
- The Communiqué on the Amendment to the Communiqué on the Rules and Procedures Regarding the Implementation of Article 376 of Turkish Commercial Code No. 6102 entered into force through publication in the Official Gazette dated 26.12.2020 and numbered 31346.
- The Communiqué on the Amendment to the Communiqué on Increasing the Monetary Limits in Article 68 of Law on the Protection of the Consumer No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees entered into force through publication in the Official Gazette dated 26.12.2020 and numbered 31346.
- The Communiqué (Export: 2020/17) on the Amendment to the Communiqué on Export, Transit Trade, Sales and Deliveries Regarded as Export, and Exemptions from Tax, Duties and Fees in Foreign Exchange Earning Services and Activities (Export: 2017/4) entered into force through publication in the Official Gazette dated 26.12.2020 and numbered 31346.
- The Regulation on Distribution and Retail Sales Activities in the Electricity Market was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This Regulation entered into force on 01.01.2021
- The Communiqué on the Amendment to the General Communiqué on Special Income Tax List Number (II) (Serial No: 8) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This Communiqué entered into force on 01.01.2021.
- The General Communiqué on Special Consumption Tax (Serial No: 19) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The Communiqué (Serial No: 33) on the Amendment to the Communiqué on Value Added Tax General Application was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This Communiqué entered into force on 01.01.2021.
- The General Communiqué on Inheritance and Succession Tax Law (Serial No: 52) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on the Law on Municipal Revenues (Serial No: 53) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on the Stamp Tax Law (Serial No: 65) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on Real Estate Tax Law (Serial No: 78) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on Law of Fees (Serial No: 86) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on Law of Fees (Serial No: 87) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on Income Tax (Serial No: 313) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The General Communiqué on Tax Procedure Law (Serial No: 522) was published in the Official Gazette dated 29.12.2020 and numbered 31349 (bis). This General Communiqué entered into force on 01.01.2021.
- The Law on the Establishment of Turkey Environmental Agency and the Amendment to the Law on Social Services and Certain Laws entered into force through publication in the Official Gazette dated 30.12.2020 and numbered 31350.
- The Communiqué on Administration of Quotas and Tariff Quota in Imports (No: 2021/1) was published in the Official Gazette dated 30.12.2020 and numbered 31350. This Communiqué entered into force on 01.01.2021.
- The Communiqué on Administration of Quotas and Tariff Quota in Imports (No: 2021/2) was published in the Official Gazette dated 30.12.2020 and numbered 31350. This Communiqué entered into force on 01.01.2021.
- The Regulation on Transfer of the Share Determined from Income Tax Received by Withholding from Athlete Wages to Special Account, Use and Control was published in the Official Gazette dated 31.12.2020 and numbered 31351. This Regulation entered into force on 01.01.2021.
- The Regulation on the Amendment to the Regulation on the Rules and Procedures Regarding the Production and Trade of Tobacco Products entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Regulation on the Amendment to the Regulation on the Rules and Procedures Regarding the Tobacco Production, Processing, Domestic and Foreign Trade entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Regulation on the Amendment to the Regulation on the Electronic Product Bond entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Communiqué (Order: 2020/18) on the Amendment to the Communiqué on the Rules and Procedures Regarding on the Fees that Can be Charged from Commercial Customers by Banks (Order: 2020/7) entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Communiqué (Order: 2020/19) on the Amendment to the Communiqué on the Rules and Procedures Regarding on Fees to be Received from Financial Consumers (Order: 2020/4) entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Communiqué on the Right of Squeeze Out and Sell Out (II-27.3) entered into force through publication in the Official Gazette dated 31.12.2020 and numbered 31351.
- The Communiqué on the Default Interest Rate to be Applied in Late Payments in the Supply of Goods and Services and the Minimum Expense Amount that may be Requested for the Collection of Receivables was published in the Official Gazette dated 02.01.2021 and numbered 31352. This Communiqué entered into force on 01.01.2021.
- The Regulation on the Amendment to the Regulation on the High Council and Regional Boards for the Protection of Cultural Heritage entered into force through publication in the Official Gazette dated 06.01.2021 and numbered 31356.
- The General Communiqué on National Estate (Order No: 402) was published in the Official Gazette dated 06.01.2021 and numbered 31356. This General Communiqué entered into force on 15.01.2021.
- The Communiqué on Supervision in Imports (No: 2006/11) entered into force through publication in the Official Gazette dated 07.01.2021 and numbered 31357.
- The Communiqué (No: 2021/1) on Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 09.01.2021 and numbered 31359.
- The Communiqué (No: 2021/4) on Prevention of Unfair Competition in Imports entered into force through publication in the Official Gazette dated 09.01.2021 and numbered 31359.
- The Regulation on the Amendment to the Regulation on the Organized Wholesale Natural Gas Sales Market entered into force through publication in the Official Gazette dated 12.01.2021 and numbered 31362.
- The Regulation on the Amendment to the Communiqué on the Rules and Procedures Regarding on Banderole Practice entered into force through publication in the Official Gazette dated 14.01.2021 and numbered 31364.
- The General Communiqué on Valuable Housing Tax entered into force through publication in the Official Gazette dated 15.01.2021 and numbered 31365.
- The Communiqué on Supervision in Imports (No: 2021/1) entered into force through publication in the Official Gazette dated 16.01.2021 and numbered 31366.
- The Regulation on the Amendment to the Regulation on Stock Exchange Transactions entered into force through publication in the Official Gazette dated 20.01.2021 and numbered 31369.
- The Regulation on the Amendment to the Regulation on Chamber Transactions entered into force through publication in the Official Gazette dated 20.01.2021 and numbered 31369.
Competition Board Decisions
- The Competition Board (“Board”) granted individual exemption for a period of three years from the notification of the reasoned decision to the practice that forms the cooperation for receiving payments by sharing open card information between banks without requesting open card information from consumers that allows payment with cardholder's Turkish ID number, along with the first six and last four digits of the card to be paid in not-on-us transactions within the infrastructure developed for the insurance sector. (24.12.2020, 20-55/769-341)
- The Board granted individual exemption for a period of 1 (one) year conditionally within the framework of Article 5 of the Law No.4054 to TekCep Account Activity Automation (TekCep) application developed by Softtech Yazılım Teknolojileri Araştırma Geliştirme ve Pazarlama Ticaret A.Ş. and offered to Türkiye İş Bankası A.Ş.'s corporate customers through İş Cep application and commercial internet banking. (24.12.2020, 20-55/767-340)
Mergers and Acquisitions
- The Board decided that the acquisition of the sole control of Pabalk Maden Sanayi ve Ticaret A.Ş by Ömer Faruk NASIROĞLU is not subject to authorization. (24.12.2020, 20-55/776-BD)
- The Board authorized the acquisition of the sole control of Hyundai Assan Otomotiv Sanayi ve Ticaret A.Ş. by Hyundai Motor Company. (24.12.2020, 20-55/774-344)
- The Board authorized the merger of Process + Lab Devices Online GmbH and Automation24 GmbH under Automation24 GmbH, followed by the establishment of joint control over Automation24 GmbH by Ifm Electronic GmbH and Endress + Hauser Group Services AG. (24.12.2020, 20-55/771-343)
- The Board authorized the indirect acquisition of the sole control of Vantage Group Holdings Ltd. by Hellman & Friedman LLC and The Carlyle Group Inc. (24.12.2020, 20-55/770-342)
- The Board decided that the acquisition of the sole control of Körfez Petrokimya Depolama Ticaret A.Ş. by MHM Invest Yönetim Danışmanlığı A.Ş is not subject to authorization. (30.12.2020, 20-57/788-BD)
- The Board authorized the planned merger through the acquisition of Peugeot S.A. and Fiat Chrysler Automobiles N.V. by Fiat Chrysler Automobiles N.V. (30.12.2020, 20-57/794-354)
- The Board authorized the establishment of a joint venture by Daimler AG and Aktiebolaget Volvo (via its subsidiaries) to develop, manufacture, sell and provide after-sales services for heavy-duty truck fuel cells. (30.12.2020, 20-57/793-353)
- The Board authorized the acquisition of the sole control of G4S plc by Allied Universal Topco LLC, jointly controlled by Warburg Pincus LLC and Caisse de Dépôt et Placement du Québec. (30.12.2020, 20-57/792-352)
- The Board authorized the indirect acquisition of certain assets of the Pester Marketing Company and its subsidiaries by Fortress Investment Group LLC, of which Phillips 66 Company and SoftBank Group Corporation indirectly owns a majority. (30.12.2020, 20-57/790-350)
- The Board authorized the acquisition of the sole control of Thrace Basin Natural Gas (Turkey) Corporation and Corporate Resources B.V. by TBNG Limited. (30.12.2020, 20-57/789-349)
- The Board authorized the acquisition of the sole control of Ejder Kimya İlaç Danışmanlık Sanayi ve Ticaret A.Ş. by IMCD N.V. through IMCD Ticaret Pazarlama ve Danışmanlık Ltd. Şti. (30.12.2020, 20-57/787-348)
- The Board authorized the acquisition of the sole control of heart valve industry of LivaNova Plc by Gyrus Capital S.A. (30.12.2020, 20-57/786-347)
- The Board authorized the direct acquisition of the sole control of Baymina Enerji A.Ş., Engie Yönetim Enerji Hizmetleri ve Ticaret A.Ş. and Gazko Enerji Ticaret A.Ş.; the indirect acquisition of the sole control of İzgaz İzmit Gaz Dağıtım Sanayi ve Ticaret A.Ş. by Palmet Enerji A.Ş. (30.12.2020, 20-57/784-345)
- The Board authorized the transfer of Gebze Terminal, operating under Samsun Akaryakıt Depolama A.Ş., to proprietor Güzel Enerji Akaryakıt A.Ş., at the end of the lease term. (30.12.2020, 20-57/781-356)
- The Board authorized the acquisition of the joint control of Viking Holdings Ltd. by Viking Capital Limited, the current majority shareholder of Viking Holdings Ltd., together with Canada Pension Plan Investment Board and TPG Capital. (07.01.2021, 21-01/10-7)
- The Board authorized the acquisition of the sole control of Flender Beteiligungen GmbH & Co. KG by The Carlyle Group Inc. via Zephyr German BidCo GmbH. (07.01.2021, 21-01/6-5)
- The Board authorized the acquisition of the joint control of Miller Insurance Services LLP by Cinven Strategic Financial Funds and Raffles Private Holdings Ltd. (07.01.2021, 21-01/5-4)
- The Board authorized the acquisition of joint control of Honshu Chemical Industry Co., Ltd. by Mitsui & Co. Ltd. and Mitsui Chemicals, Inc. (07.01.2021, 21-01/4-3)
- The Board authorized the acquisition of Innovera Bilişim Teknolojileri A.Ş. by FTA Bilişim Hizmetleri A.Ş., which is under the joint control of Taxim Capital Partners I LP and Rahmi Faruk ECZACIBAŞI. (07.01.2021, 21-01/1-1)
Energy
- The Energy Market Regulatory Authority (“EMRA”) Decisions dated 17.12.2020 and numbered 9814, 9818, 9820, 9821, 9822, 9825, 9834, 9835, 9836, 9837, 9839, 9841, 9842, 9843, 9844, 9845, 9846, 9847 and 9848, were published in the Official Gazette dated 22.12.2020 numbered 31342.
- The EMRA Decisions dated 17.12.2020 and numbered 9849 and 9850 were published in the Official Gazette dated 23.12.2020 numbered 31343.
- The EMRA Decision dated 24.12.2020 and numbered 9859 was published in the Official Gazette dated 26.12.2020 numbered 31346.
- The EMRA Decisions dated 14.12.2020 and numbered 9804, 9805, 9806 and 9807 were published in the Official Gazette dated 29.12.2020 numbered 31349 (bis).
- The Announcement in the publication of the Sectoral Reports for October, 2020 was published on the official website of the EMRA on 29.12.2020.
- The EMRA Decisions dated 14.01.2021 and numbered 9971, 9974, 9978, 9979 and 9980 were published in the Official Gazette dated 16.01.2021 numbered 31366.
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