Recent Keynotes of March 2023
International Agreements
- The Resolution of the President dated 08.03.2023 and numbered 6913 on the Ratification of the Agreement between the Republic of Turkey and the European Union on the Participation of the Republic of Turkey in the Union Program on Cooperation in the Customs Area, ‘Customs’, effective from 1 January 2021 was published in the Official Gazette dated 09.03.2023 and bis numbered 32127.
- The Resolution of the President dated 08.03.2023 and numbered 6914 on the Approval of the Decision of the Joint Committee of EU-Joint Transit Countries dated 29/9/2022 and numbered 3/2022 on the Amendment to Annex III of the “Convention on the Common Transit Regime” dated 20/5/1987 to be Effective as of 1/10/2022 was published in the Official Gazette dated 09.03.2023 and bis numbered 32127.
Resolution of the President
- The Presidential Decree on the Measures Taken in the Field of Labor and Social Security under the State of Emergency (Decree Number: 125) entered into force through publication in the Official Gazette dated 22.02.2023 and numbered 32112.
- The Resolution of the President dated 22.02.2023 and numbered 6829 on the Increase of the Monetary Thresholds specified in Annex 2, Annex 3 and Annex 4 of the Law No. 6563 on the Regulation of Electronic Commerce by Half entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Resolution of the President dated 22.02.2023 and numbered 6830 on the Amendment to the Resolution on the Determination of Value Added Tax Rates Applicable to Goods and Services entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Resolution of the President dated 22.02.2023 and numbered 6831 on the Redetermination of the Installment Payment Periods in the Law No. 7256 on the Restructuring of Certain Receivables and Amendments to Certain Laws and the Law No. 7326 on the Restructuring of Certain Receivables and Amendments to Certain Laws, in accordance with the Force Majeure Occurring in Adana, Adıyaman, Diyarbakır, Elazığ, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa Provinces and Gürün District of Sivas Province due to the Earthquakes Occurring in Kahramanmaraş Province on 6/2/2023. The Presidential Decree dated 02.02.2023 and numbered 6831 entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Resolution of the President dated 22.02.2023 and numbered 6833 on the Amendment to the Resolution No. 32 on the Protection of the Value of Turkish Currency was published in the Official Gazette dated 23.02.2023 and numbered 6831. The provisions of this Resolution enter into force on different dates.
- The Presidential Decree on Settlement and Construction within the State of Emergency (Decree Number: 126) entered into force through publication in the Official Gazette dated 24.02.2023 and numbered 32114.
- The Resolution of the President dated 25.02.2023 and numbered 6872 on the Amendment of the Resolution on the Amendment of the Import Regime Decree Enacted by the Presidential Decree dated 27/1/2023 and numbered 6776 entered into force through publication in the Official Gazette dated 26.02.2023 and numbered 32116.
- The Resolution of the President dated 02.03.2023 and numbered 6885 on the Redetermination of the Special Consumption Tax Bases Based on the Special Consumption Tax Rates of Certain Goods in the List No. (II) annexed to the Special Consumption Tax Law No. 4760 entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The Resolution of the President on the Amendment to the Resolution on Treasury Support Provided to Credit Guarantee Institutions entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The Resolution of the President dated 02.03.2023 and numbered 6886 on the Amendment to the Resolution on the Implementation of Additional Customs Duty on Imports entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The Resolution of the President dated 06.03.2023 and numbered 6902 on the Principles Amending the Principles Regarding the Price Differential to be Applied in Goods Procurements Tendered in accordance with the Public Procurement Law No. 4734 and the Principles Amending the Principles Regarding the Price Differential to be Applied in Service Procurements Tendered in accordance with the Public Procurement Law No. 4734 were published in the Official Gazette dated 07.03.2023 and numbered 32125. These Principles enter into force ten days after the date of publication.
- The Resolution of the President dated 09.03.2023 and numbered 6921 on the Amendment to the Import Regime Decree entered into force through publication in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Resolution of the President dated 09.03.2023 and numbered 6922 on the Amendment to the Resolution on the Implementation of Additional Customs Duty on Imports entered into force through publication in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Resolution of the President dated 09.03.2023 and numbered 6923 on the Amendment to the Resolution on State Aids in Investments entered into force through publication in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Presidential Decree on the Measures Taken Regarding Regional Development and Investment Incentives under the State of Emergency (Decree Number: 134) entered into force after being published in the Official Gazette dated 12.03.2023 and numbered 32130.
- The Resolution of the President dated 13.03.2023 and numbered 6932 on the Amendment to the Resolution on the Pricing of Medicinal Products for Human Use entered into force through publication in the Official Gazette dated 14.03.2023 and numbered 32132.
Legislation
- The Regulation on the Amendment to the Regulation on Workplace Opening and Working Licenses entered into force through publication in the Official Gazette dated 22.02.2023 and numbered 32112.
- The Regulation Amending the General Lighting Regulation was published in the Official Gazette dated 22.02.2023 and numbered 32112. The provisions of this Regulation enter into force on different dates.
- The Regulation Amending the Regulation on the Procedures and Principles Regarding the Sale and Presentation of Tobacco Products and Alcoholic Beverages entered into force through publication in the Official Gazette dated 22.02.2023 and numbered 32112.
- The Regulation Amending the Regulation on the Operating Principles of Precious Metals Exchange Intermediary Institutions and the Establishment of Precious Metals Intermediary Institutions entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Regulation Amending the Regulation on the Fees to be Charged under the Law No. 1567 on the Protection of the Value of Turkish Currency entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Regulation Amending the Regulation on Principles and Rules to be Applied in Retail Trade entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Communiqué (No: 2023-32/67) Amending the Communiqué on Resolution No: 32 on the Protection of the Value of the Turkish Currency (Communiqué No: 2008-32/34) entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The Communiqué on the Implementation of Surveillance in Imports (No: 2023/6) was published in the Official Gazette dated 23.02.2023 and numbered 32113. The provisions of this Communiqué enter into force on the thirtieth day following its publication.
- The Communiqué on the Amendment to the Value Added Tax General Implementation Communiqué (Serial No: 45) entered into force through publication in the Official Gazette dated 25.02.2023 and numbered 32115.
- The Regulation Amending the Environmental Permit and License Regulation entered into force through publication in the Official Gazette dated 23.02.2023 and numbered 32113.
- The General Communiqué on Collection (Serial: B Sequence No: 17) entered into force through publication in the Official Gazette dated 25.02.2023 and numbered 32115.
- The Communiqué on the Implementation of Surveillance on Imports (No: 2023/5) was published in the Official Gazette dated 25.02.2023 and numbered 32115. The provisions of this Communiqué enter into force on the thirtieth day following the publication.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/7) entered into force through publication in the Official Gazette dated 25.02.2023 and numbered 32115.
- The Regulation Amending the Regulation on Payment Services and Electronic Money Issuance and Payment Service Providers entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Regulation Amending the Electricity Market Balancing and Settlement Regulation entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Regulation Amending the Regulation on Official Announcements and Advertisements entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Communiqué (Export: 2023/3) on the Amendment to the Communiqué on Exports, Transit Trade, Sales and Deliveries Considered as Exports, and Exemption of Taxes, Duties and Fees in Foreign Currency Earning Services and Activities (Export: 2017/4) entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Communiqué Amending the Communiqué on the Implementation of Surveillance on Imports (Communiqué No: 2016/4) was published in the Official Gazette dated 28.02.2023 and numbered 32118. The provisions of this Communiqué enter into force on the thirtieth day following its publication.
- The Communiqué Amending the Communiqué on the Implementation of Surveillance on Imports (Communiqué No: 2020/6) was published in the Official Gazette dated 28.02.2023 and numbered 32118. The provisions of this Communiqué enter into force on the thirtieth day following its publication.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/8) entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2023/9) entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Communiqué Amending the Communiqué on Information Systems of Payment and Electronic Money Institutions and Data Sharing Services of Payment Service Providers in the Field of Payment Services entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- The Communiqué Amending the Communiqué on the Increase of the Monetary Limits in the Twelfth and Fifteenth Paragraphs of Article 30 of the Insurance Law entered into force through publication in the Official Gazette dated 28.02.2023 and numbered 32118.
- Communiqué (Serial No: 21) Amending the General Communiqué on Corporate Tax (Serial No: 1) entered into force through publication in the Official Gazette dated 01.03.2023 and numbered 32119.
- The Regulation Amending the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 02.03.2023 and numbered 32120.
- Law No. 7438 on the Amendment of the Social Security and General Health Insurance Law and the Decree Law No. 375 entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The Communiqué on the Procedures and Principles Regarding the Implementation of Provisional Article 3 of the Law No. 7420 on the Amendment of the Income Tax Law and Certain Laws and Decree Laws entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The List of 2023 Investment Incentive Certificates for January 2023 entered into force through publication in the Official Gazette dated 06.03.2023 and numbered 32124.
- The Regulation Amending the Regulation on the Principles and Procedures Regarding the Follow-up and Collection of Receivables of the Savings Deposit Insurance Fund entered into force through publication in the Official Gazette dated 09.03.2023 and numbered 32127.
- The Communiqué Amending the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2020/9) entered into force through publication in the Official Gazette dated 09.03.2023 and numbered 32127.
- The General Communiqué on National Real Estate (Sequence No: 414) entered into force through publication in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Communiqué (No: 2023-32/68) on the Amendment to the Communiqué (Communiqué No: 2008-32/34) on the Decree No: 32 on the Protection of the Value of the Turkish Currency (Communiqué No: 2023-32/68) was published in the Official Gazette dated 10.03.2023 and numbered 32128 and entered into force to be effective as of 23.02.2023.
- The Communiqué (Serial No: 37) Amending the Customs General Communiqué (Tariff-Classification Decisions) (Serial No: 18) entered into force through publication in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Regulation Amending the Regulation on Informing Consumers on Fuel Economy and CO2 Emissions of New Passenger Cars was published in the Official Gazette dated 11.03.2023 and numbered 32129. The provisions of this Regulation enter into force on 01.06.2023.
- The Regulation Amending the Regulation of the Press Announcement Agency was published in the Official Gazette dated 11.03.2023 and numbered 32129 and entered into force as of 01.03.2023.
- The Communiqué on International Arbitration Fee Schedule was published in the Official Gazette dated 11.03.2023 and numbered 32129. The provisions of this Communiqué shall enter into force on 15.03.2023.
- Law No. 7440 on the Restructuring of Certain Receivables and Amendments to Certain Laws was published in the Official Gazette dated 12.03.2023 and numbered 32130. The provisions of this Law enter into force on different dates.
- The Communiqué on the Procedures and Principles of Auditing the Activities of Building Inspection Organizations, Imposing Administrative Sanctions and Collecting Administrative Fines entered into force through publication in the Official Gazette dated 14.03.2023 and numbered 32132.
- The Regulation Amending the Unfair Price Evaluation Board Regulation entered into force through publication in the Official Gazette dated 15.03.2023 and numbered 32133.
- The Principles Amending the Principles on the Employment of Contracted Personnel entered into force through publication in the Official Gazette dated 16.03.2023 and numbered 32124.
- The Regulation Amending the Regulation on the Allocation of Public Immovables to Tourism Investments entered into force through publication in the Official Gazette dated 17.03.2023 and numbered 32135.
- The Decree on Foreign Trade Capital Companies entered into force through publication in the Official Gazette dated 18.03.2023 and numbered 32136.
Mergers and Acquisitions
- Turkish Competition Board (“Board”) decided that the sale of Şanlıurfa Zümrüt Tekstil Commercial and Economic Integrity by Savings Deposit Insurance Board to Aydınlı Moda Tekstil Sanayi ve Ticaret AŞ is not a takeover transaction within the scope of Article 7 of the Law No. 4054 and Communiqué No. 2010/4 and Communiqué No. 2013/2 issued based on the said article. (02.03.2023, 23-12/190-64)
- The Board authorized the joint control of Potaş Akdeniz Akaryakıt Dağıtım Anonim Şirketi by Petrol Ofisi Anonim Şirketi and TAV Antalya Akaryakıt Dağıtım Anonim Şirketi and the participation of Petrol Ofisi Anonim Şirketi in a certain portion of the capital of Potaş Akdeniz Akaryakıt Dağıtım Anonim Şirketi through a cash capital increase. (23.02.2023, 23-10/158-49)
- The Board authorized the acquisition of joint control of the Quaternary Ammonium Compounds business line by Clariant AG and Wilmar International Limited. (23.02.2023, 23-10/152-46)
- The Board authorized the acquisition by Novartis AG, through its subsidiary Sandoz AG, of the global rights and assets, including licenses, patents, trademarks, domain names, know-how and all other intellectual property rights, medical information, marketing authorizations, marketable inventories and related data and information already generated and commercialized by Astellas Pharma Inc. for the medicinal products for human use Mycamine and Funguard and all other medicinal products based on the active substance “micafungin”. (23.02.2023, 23-10/150-45)
- The Board authorized the acquisition of joint control of Gürolteks Tekstil Turizm Ticaret AŞ by Fun&Sun Hotels Otel İşletmeciliği Turizm AŞ and Taff Investment Turizm AŞ. (02.03.2023, 23-12/192-65)
- The Board authorized the acquisition of sole control of Alvogen Malta (Out-Licensing) Holding Ltd. by Letterone Investment Holdings S.A. through L1 Health GP S.à r.l. (02.03.2023, 23-12/184-60)
- The Board authorized the acquisition of joint control of Fitzroy QLD Resources Ltd (UK) by AMCI Group LLC and ITOCHU Corporation (02.03.2023, 23-12/183-59)
- The Board authorized the acquisition of a certain portion of the shares of Lider Petfood Yem Sanayi ve Ticaret AŞ by UNITED Petfood Producers N.V. from existing shareholders Özgür ULUSOY, Özge ULUSOY TARHAN, Şerife ULUSOY ÇANTUŞ, Suat AVCI and Murat AVCI in a way that will provide joint control rights. (02.03.2023, 23-12/182-58)
- The Board authorized the acquisition of joint control of Archipels SAS by Caisse des Dépôts et Consignations, La Poste S.A., Électricité de France S.A., ENGIE S.A. and Imprimerie Nationale S.A. (02.03.2023, 23-12/179-55)
Energy
- The Decision of the Energy Market Regulatory Authority (EMRA) dated 16.02.2023 and numbered 11662 entered into force after being published in the Official Gazette dated 21.02.2023 and numbered 32111.
- The Decision of EMRA dated 23.02.2023 and numbered 11669 entered into force after being published in the Official Gazette numbered 32118.
- The Decision of the EMRA dated 28.02.2023 and numbered 11682 entered into force after being published in the Official Gazette dated 01.03.2023 and numbered 32119.
- The Decisions of the EMRA dated 02.03.2023 and numbered 11685, 11691, 11694 entered into force through publication in the Official Gazette dated 03.03.2023 and numbered 32121.
- The Decision of the EMRA dated 09.03.2023 and numbered 11698 entered into force after being published in the Official Gazette dated 10.03.2023 and numbered 32128.
- The Decisions of the EMRA dated 09.03.2023 and numbered 11708, 11709, 11710, 11711, 11712, 11713 entered into force through publication in the Official Gazette dated 11.03.2023 and numbered 32129.
- The Decisions of the EMRA dated 16.03.2023 and numbered 11727, 11728 entered into force through publication in the Official Gazette dated 17.03.2023 and numbered 32135.
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