Official Gazette: October 28 – November 3

I am sharing a summary of developments from the laws, decrees, regulations, circulars, and other legislation issued by the Grand National Assembly of Turkey (TBMM), the President, Ministries, and public legal entities published in the Official Gazette between October 28 and November 3.

The Law on Amendments to the Law on the Protection of the Consumer and Certain Other Laws has been published. Consumer credit agreements and housing finance agreements have been made valid even when established remotely. Direct sales have been regulated in detail, but these regulations will enter into force on July 30, 2025. Lower and upper limits have been set for administrative fines to be imposed in case of violations of regulations regarding commercial advertisements. The administrative fine has been changed to a minimum of 60,000 TL and a maximum of 22,100,000 TL.

The Advertising Board will be able to impose fines between 60,000 TL and 22 million TL and will be able to increase the fine up to 10 times in case of recurrence of the violation within 1 year. It will also be possible to apply for a settlement with the Ministry against the administrative fines of the Advertising Board. The Law on the Regulation of Electronic Commerce has also been amended to increase the competitiveness of domestic marketplaces against foreign-origin marketplaces and to increase employment levels and exports by changing the calculation of license fees.

The Regulation on Market Surveillance and Inspection of Products Offered to the Market via Remote Communication Tools has been published by the Ministry of Trade. According to the regulation, sales carried out through any tool or environment that allows for the establishment of a contract without physical face-to-face contact, such as letters, catalogs, telephone, fax, radio, television, e-mail messages, text messages, and the internet are subject to this regulation. This regulation, which will enter into force on April 1, 2025, grants a 6-month compliance period to those selling in these environments. From now on, economic operators are responsible for ensuring that products offered to the market or made available on the market via remote communication tools comply with safety and technical regulations. These products continue to be subject to the Law on Product Safety and Technical Regulations and the General Product Safety Regulation. In cases where there is no manufacturer or importer established in Turkey, the name, trade name, brand, and full address of the authorized representative must be added to the product, its packaging, or the document accompanying the product. The Service Provider will be considered a distributor in cases where it does not affect product safety and is not considered a manufacturer, importer, or authorized representative. If it adds its own brand and name to the product, makes changes that affect the conformity of the product, or performs an operation that affects product safety, it will be considered a manufacturer. Intermediary Service Providers are responsible for product safety. These responsibilities include ensuring that end-users have access to product safety contact points and removing access to the product in the event that an unsafe product is detected.

With Presidential Decree No. 9071, the Decision on Amending the Statute of the Union of Payment and Electronic Money Institutions of Turkey was published in the Official Gazette. With the amendment, the General Assembly of the Union of Payment and Electronic Money Institutions of Turkey has been granted the authority to decide on the establishment of an economic enterprise or the closure of established economic enterprises.

With Presidential Decree No. 9072, the Decision on Determining Quotas for Hemp Cultivation for the Purpose of Producing Pharmaceutical Active Ingredients has been published. Accordingly, the total national quota is limited to 120,000 plants per year in a cultivation area of 5,000 square meters, and the quota requirement will not be sought for scientific research and R&D studies in universities and authorized institutions.

With Presidential Decree No. 9073, the Regulation on Amending the Family Medicine Contract and Payment Regulation was published in the Official Gazette. With the new regulation, postpartum follow-ups have been included among the criteria that family physicians must closely monitor, just like pregnancy, infant, and child follow-ups. Changes were made to the criteria determining monthly payments. The opening of new family medicine units was regulated. Regulations were made to increase chronic disease screenings, ensure the earliest possible diagnosis and treatment of chronic diseases, encourage rational drug use, and prevent unnecessary applications to secondary and tertiary hospitals. By reducing the number of patients per physician, it is aimed to effectively carry out screenings and follow-ups for chronic diseases and cancers. Hekimsen has filed a cancellation lawsuit before the Council of State against 4 different articles of the published regulation. In the lawsuit filed, it was requested from the Court to apply to the Constitutional Court (within the scope of concrete norm review through the objection path) for the cancellation of a total of 6 regulations mentioned in 2 separate laws in addition to these 4 articles.

The Regulation on Amending the Regulation on Higher Education Private Housing Services was published by the Ministry of Youth and Sports. This regulation is critical for student safety, such as fire and electrical installations of private dormitories, as well as the safety of elevators, heating systems, water, and gas installations. Private dormitories are required to certify the durability of their buildings against earthquakes and fires. While the regulation was normally scheduled to enter into force on August 1, 2024, the scope of the regulation was postponed to August 1, 2026, with this amendment published in the Official Gazette.

With Presidential Decree No. 9074, it was decided to approve the 426-page 2025 Presidential Annual Program prepared by the Ministry of Treasury and Finance and the Presidency of Strategy and Budget. The decision was published in the Repeated Official Gazette dated October 30, 2024.

The Communiqué on Amending the Value Added Tax General Application Communiqué No. 52 was published by the Ministry of Treasury and Finance. The lower limit for VAT refund transactions to be made without seeking a Tax Inspection Report, YMM Report, and collateral has been increased from 10,000 TL to 50,000 TL. It was clarified that the receipts of the KTVÜs (Value Added Tax Refund Units) should also be issued to the party that loses the case. Generally speaking, many areas have emerged in tax legislation that can change according to gray and subjective evaluation. It is not difficult for Tax Offices to carry out penalty assessments according to the taxpayer.

With Presidential Decree No. 9075, a regulation was made regarding withholdings in the Income Tax Law. Income tax rates calculated on interest obtained from Turkish Lira deposit accounts and profit shares paid by participation banks after November 1, 2024, have been redetermined. For interest to be paid on accounts opened until January 31, 2025, the income tax rate was set at 10% for demand and notified accounts and accounts with a maturity of up to 6 months (including 6 months), 7.5% for accounts with a maturity of 1 year, 5% for accounts with a maturity of longer than 1 year, and 0% for accounts with a maturity of longer than 1 year where a variable interest rate is applied depending on the inflation rate.

The Agreement between the Government of the Republic of Turkey and the Cabinet of Ministers of the Kyrgyz Republic on the Establishment and Operation of Cultural Centers has entered into force.

With Presidential Decree No. 9076, it was decided to approve the Host Country Agreement between the Government of the Republic of Turkey and the Turkish Investment Fund. This agreement is important for the Turkish Investment Fund to fulfill its responsibilities and achieve its goals. The agreement, which will enable the Fund to perform its duties, is complementary to the provisions of the existing Fund Establishment Agreement.

With Presidential Decree No. 9077, the effective dates of international agreements made by Turkey with various countries were decided. Accordingly, the “Agreement on the Prevention of Illicit Traffic in Cultural Property” signed between Turkey and Ecuador on April 26, 2022, will enter into force on October 4, 2024. The “Agreement on Cooperation in the Fields of Health and Medical Sciences” signed between Turkey and the TRNC on December 20, 2022, will be valid as of September 25, 2024. The “Agreement on the Avoidance of Double Taxation” signed between Turkey and Argentina on December 1, 2018, will enter into force on September 13, 2024. The “Agreement on the Mutual Recognition of Driving Licenses” made between Turkey and Albania on February 12, 2020, will enter into force on June 28, 2024. Finally, the protocol amending the “Agreement on Scientific and Technological Cooperation” signed between Turkey and Slovenia on August 10, 2022, enters into force as of June 16, 2023.

With Presidential Decree No. 9079, the Presidential Decree on the Implementation of Additional Financial Liability on the Import of Certain Products was published. Accordingly, it was decided to apply a 10 percent additional financial liability on various passenger cars originating from Mexico and the Republic of South Africa, and to apply it to conventional, hybrid, and electric passenger cars to be imported via the EU accompanied by an A.TR Movement Certificate originating from Vietnam, Japan, and Canada. The regulation will enter into force in 30 days.

With Presidential Decree No. 9080, the “Memorandum of Understanding on Cooperation in Financial Intelligence Exchange Regarding Money Laundering, Associated Predicate Offenses, and Terrorist Financing between the Financial Crimes Investigation Board (MASAK) of the Ministry of Treasury and Finance of the Republic of Turkey and the Financial Reporting Center (FRC) of the Federal Republic of Somalia” has entered into force.

With Presidential Decree No. 9081, the boundaries of the Tekirdağ Çamlıköy Nature Park were changed.

With Presidential Decree No. 9082, the boundaries of the Sivas Divriği National Park were changed.

With Presidential Decree No. 9083, it was decided to carry out land consolidation and in-field development in 12 villages in Biga, Çanakkale.

With Presidential Decree No. 9084, it was decided to urgently expropriate some immovable properties in the Kale and Yemişlik neighborhoods of Arhavi, Artvin, for the Arhavi Organized Industrial Zone.

With Presidential Decree No. 9085, an urgent expropriation decision was made for the natural gas pipeline project in the Tirebolu and Görele districts.

With Presidential Decree No. 9086, an urgent expropriation decision was made for 24 energy transmission lines to be opened in Ankara, Hatay, Kastamonu, Konya, Mersin, Sivas, Yozgat, and Zonguldak.

With Presidential Decree No. 9087, an urgent expropriation decision was made for the Karatay-Hotanış Energy Transmission Line Project belonging to TEDAŞ.

With Presidential Decree No. 9088, it was decided to urgently expropriate 58 parcels in the Örentaht neighborhood of Bozdoğan, Aydın, for the Lignite Mine located in Kavaklıdere, Muğla.

With Presidential Decree No. 9089, it was decided to urgently expropriate a parcel within the borders of the Tahtalı neighborhood for the construction of the station needed to bring natural gas to the Güroymak district of Bitlis.

With Presidential Decree No. 9090, it was decided to urgently expropriate an immovable property located in the Odabaşı neighborhood of Mamak, Ankara, for the construction of the BİL-2 SPP (Solar Power Plant) electricity generation facility.

With Presidential Decree No. 9091, it was decided to urgently expropriate many parcels in the Güneyköy Nohutyeri and Cırlavuk locations of Gazipaşa, Antalya, for the landscaping of the Antiocheia Ad Cragum Ancient City within the scope of the Future Heritage Project.