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1  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Re: Special Provincial Administration Act - No:5302 on: September 15, 2010, 02:50:10 AM
   Inapplicable provisions
   Article 70 — As regards the duties and services to which the special provincial administration is assigned, in the case of discrepancies between this Act and the General Public Health Law No. 1593 of 24.4.1930, Law No. 2559 on the Duties and Powers of the Police dated 4.7.1934, Provincial Administration Act No. 5442 dated 10.6.1949, Law on Charges No. 492 dated 2.7.1964, Public Servants Act No. 657 dated 14.7.1965, Reconstruction Law No. 3194 dated 3.5.1985, Law No. 3572 on Amendment and Adoption of the Decree on Licenses for Opening Workplaces and Working Licenses dated 3.5.1985, Law No. 5179 on Amendment and Adoption of the Decree on Production, Consumption and Inspection of Foodstuff dated 27.5.2004 and the Highway Transportation Law No. 4925 dated 10.7.2003, provisions of this Act shall prevail.
   Repealed provisions
   Article 71 — The Special Provincial Administration Act of 13 March 1329 and the annexes and amendments to this Law shall be repealed.
   Provisional Article 1 — Election of presidential board of the assembly to be made in accordance with Article 11 of this Act shall be made within one month at the latest from the publication of this Act.
   The existing provincial council shall continue to serve until a council in accordance with Article 25 of this Act is set up.
   Provincial Article 2 — Creation and cancellation of officer seats/offices until the norm staffing is introduced in special provincial administrations and affiliated organizations as well as local administrative bodies shall be made upon a Council of Ministers Resolution in consultation with the Ministry of Finance and State Personnel Department and upon a proposal from the Ministry of Internal Affairs. Permanent worker offices and temporary worker positions shall be subject to the endorsement of the Ministry of Internal Affairs within this period.
   Provisional Article 3 — The six-month period for the development of strategic plans provided for in Article 31 of this Act shall be applied as one year for initial strategic plans that are required to be developed following the entry into force of this Act.
   Entry into force
   Article 72 — This Act shall enter into force on the date of its publication.
   Enforcement
   Article 73 — Provisions of this Act shall be enforced by the Council of Ministers.
2  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Special Provincial Administration Act - No:5302 on: September 15, 2010, 02:47:12 AM
SPECIAL PROVINCIAL ADMINISTRATION ACT
 
Act No.   : 5302
Adopted on    : 22.2.2005
Official Gazette   : 04/03/2005 - 25745

SECTION ONE
General Provisions
PART ONE
Purpose, Scope and Definitions
   Purpose
   Article 1 — The purpose of this Act is to lay down incorporation, branches, management, duties, powers and responsibilities as well as the procedures and rules applicable to the functioning of the special provincial administration.
   Scope
   Article 2 — This Act applies to the special provincial administration.
   Definitions
   Article 3 — For the purposes of this Act,
   a) ‘special provincial administration’ shall mean the public entity enjoying administrative and financial autonomy, which is set up to meet the local and common needs of the people dwelling in the province, and whose decision-making branch is elected and made up by electors,
   b) ‘branches of special provincial administration’ shall mean the general provincial assembly, the provincial council and the governor.

PART TWO
Incorporation and Boundaries of Special Provincial Administration
   Incorporation
   Article 4 — Special provincial administration shall be incorporated through the act on the incorporation of the province, and its legal nature shall come to en end upon the termination of the province.
   Jurisdiction of the special provincial administration
   Article 5 — The jurisdiction of the special provincial administration shall include the provincial boundaries.

PART THREE
Duties, Powers and Responsibilities of the Special Provincial Administration
   Duties and responsibilities of the special provincial administration
   Article 6 — The special provincial administration shall have the duty and entitlement to do the following, provided that they are of a local and common nature:
   a) Within provincial boundaries: services relating to health, agriculture, industry and trade; environmental arrangement plan of the province, public works and housing, protection of soil, prevention of erosion, social services and assistance, granting micro loans to the poor, nurseries and orphanages; procurement of plots of lands for primary and secondary education schools, and the meeting of their needs for the construction, maintenance and repairs of their schools,
   b) Outside provincial boundaries: services relating to reconstruction, roads, water, sewage, solid wastes, environment, emergency assistance and rescue, culture, tourism, youth and sports affairs; supporting forest villages, afforestation, and establishment of parks and gardens.
   Environmental arrangement plan of the province shall be performed under the coordination of the governor, and in cooperation with metropolitan municipalities in metropolises, and with the provincial municipality and special provincial administration in other provinces. Environmental arrangement plan of the province shall be approved by the municipal assembly and the general provincial assembly.
   The order of priority to be followed in providing the services shall be determined in view of the financial status of the special provincial administration, the urgency of the service concerned and the level of development of the locality.
   Services of the special provincial administration shall be provided in the places nearest to the citizens and through the most appropriate methods. In the provision of services, methods responsive to the status of the disabled, the elderly, the poor and the people with limited incomes shall be applied.
   Coordination aimed at an integral and coherent provision of services between other local administrations and public institutions shall be ensured by the governor of that particular province.
   Powers and responsibilities vested in the Ministry of Industry and Trade and organized industrial zones by the Organized Industrial Zones Act No. 4562 are not subject to this Act.
   Powers and privileges of the special provincial administration
   Article 7 — Powers and privileges of the special provincial administration are:
   a) Carrying out any activities to fulfill the duties and services assigned to it by laws, and issuing and supervising the authorizations and licenses specified in laws for the activities of natural and legal persons.
   b) Issuing regulations, issuing orders, introducing and implementing prohibitions and imposing the punishments set out in laws within the framework of the power vested in the special provincial administration by relevant laws.
   c) Purchasing, selling, renting and renting out, exchanging or establishing limited rights in kind on real properties and chattels, with a view to providing the services.
   d) Borrowing and accepting donations.
   e) Deciding on the settlement of litigated disputes up to twenty five billion Turkish Liras, insofar as they are excluded from taxes, levies and charges.
   f) Imposing, assessing and collecting taxes, levies and charges of the special provincial administration in pursuance of special legislation.
   g) Licensing and supervising the non-sanitary institutions as well as public refreshment and recreational facilities.
   Special provincial administration may organize public opinion polls and research with a view to identify the opinions and thoughts of the people.
   Those who perpetrate offences to the detriment of the properties of the special provincial administration shall be deemed to have perpetrated those offences against the State-owned properties.
   Revenues of the special provincial administration, generated by way of borrowing in consideration of projects, its taxes, levies and charges, conditional donations and its properties used directly for public services may not be seized.
   Exemptions granted to the special provincial administration
   Article 8 ­ — All non-profit-oriented real properties of the special provincial administration, which are allotted for public use or open to public benefit, and their construction and use shall be exempt from any taxes, levies, charges and contributions and participation shares.

SECTION TWO
Branches of the Special Provincial Administration
PART ONE
General Provincial Assembly
   General provincial assembly
   Article 9 — The general provincial assembly is the decision-making branch of the special provincial administration and is composed of the members elected by the electors in accordance with the rules and procedures specified in the relevant legislation.
   Duties and powers of general provincial assembly
   Article 10 — Duties and powers of the general provincial assembly are:
   a) Discussing and deciding on strategic plans and investment and work programs, activities of the special provincial administration and the performance criteria for its personnel.
   b) Accepting the budget and the final account, making transfers in the budget between the units for which institutional coding is made and the initial levels of the functional classification.
   c) Discussing and deciding on the environmental arrangement plan of the province as well as the development (reconstruction) plans of the areas outside the municipal boundaries.
   d) Deciding on borrowings.
   e) Deciding on the establishment of partnerships subject to the Turkish Commercial Code with the establishments under the budget, or the termination of such partnerships, and on capital increases and establishment of real property investment partnerships.
   f) Allowing purchase, sale, exchange, allotment, and modification of the manner of allotment of real properties or conversion of an allotted real property into leased accommodation; deciding on the renting of the same for more than three years and establishment of rights in kind on such property, provided that they do not exceed twenty five years.
   g) Accepting conditional donations.
   h) Deciding on the agreed settlement of disputed special provincial administration receivables from five billion to twenty five billion Turkish Liras, which are excluded from taxes, levies or charges.
   i) Deciding on the award of concessions on behalf of the special provincial administration and performance of the special provincial administration investments on build & operate, or build, operate & transfer bases, and the privatization of companies, establishments and participations of the special provincial administration.
   j) Selecting members of the council as well as members of the specialization commissions.
   k) Adopting the resolutions to be issued by the special provincial administration.
   l) Deciding on the development, cancellation and change of the seats of the special provincial administration and its affiliated organizations within the framework of the standard staffing procedure.
   m) Deciding on mutual cooperation with local or foreign local administrations and unions of local administrations.
   n) Deciding on the establishment of unions with other local administrations, participating in or leaving already-established unions.
   o) Determining the price tariff to be applied to services subject to the discretion of the relevant parties, which are not included in the duties and services entrusted to the special provincial administration by the laws.
   Presidential board of the assembly
   Article 11 — General provincial assembly shall convene spontaneously on the fifth day following the announcement of the election results. This meeting shall be presided over by the oldest member. The Assembly shall elect the president of the assembly and second vice-presidents, and four clerk members, two of them being alternate members, in such meeting for two years among from its members and through secret ballot. The presidential board to be elected following the first two years shall continue to serve until the first local administration elections.
   Election of the presidential board of the assembly shall be completed within three days.
   Where the seat of the president of the assembly or the presidential board is vacant, such vacant seat shall be filled to complete the remaining term of office.
   The general provincial assembly shall be chaired by the president of the assembly, or the first vice-president, in his/her absence, or the second vice-president in the latter’s absence.
   President of the assembly shall be required to ensure the order in the studies of the assembly.
   Rules and procedures to apply to the operations of the general provincial assembly shall be laid down in a regulation to be issued by the Ministry of Internal Affairs.
   Assembly’s meetings
   Article 12 — The general provincial assembly shall convene in the customary place of meeting on a date set by the general provincial assembly in the first week of every month, except the one-month holiday to be determined by the assembly. The meeting of November shall be the opening meeting of the term.
   Duration of the meeting coinciding with the budget negotiations shall be twenty days at most, and other shall last five days at most.
   Where convention at a place other the customary one proves obligatory, meeting shall be held at a place to be selected by the president of the assembly, provided that members and the governor is informed in advance. Furthermore, the place and date of the meeting shall be made public through customary methods.
   Meetings of the general provincial assembly shall be open. Upon a reasoned proposal of the president or any member of the assembly, closed session may be agreed by the absolute majority of the attendants of the meeting. Absolute majority shall mean the majority which is no less than half of a certain number.
   Meetings of the general provincial assembly shall be recorded by the officials in minutes, which is to be signed by the president and clerk members. Meetings may be recorded by means of audio or visual devices upon the decision of the assembly.
   Staff of the special administration or the chief officers of the public institutions and organizations in the province may be invited to meetings of the assembly, in regard to the issues on the agenda, and their opinions may be obtained.
   Agenda
   Article 13 — The agenda shall be set out by the president of the assembly and be communicated to members in advance of at least three days. Matters proposed by the governor shall be placed on the agenda. The agenda shall be made public via various means.
   Members of the general provincial assembly may propose the placement of issues concerning works of the special provincial administration on the agenda. Such proposal shall be placed on the agenda, if it is accepted by the absolute majority of attendants of the meeting.
   Quorum for meeting and decision
   Article 14 — The general provincial assembly shall convene with the absolute majority of the whole number of members and take its decisions by the absolute majority of the attendants. However, the quorum for decision may not be less than one-fourth of the whole number of members. In case of equality of votes, the party for which the president of the assembly votes shall be deemed as the majority. In case of equality of votes in secret ballots, voting shall be repeated, and lots shall be drawn by the president of the assembly in case the equality is maintained.
   If the majority of whole number of members is not attained in the meetings of the assembly, the president shall adjourn the assembly, setting the date and time of the next meeting to be held within three days at the latest. The next meeting shall be held by a number of members which is no less than one fourth of the whole number of members.
   If during the meeting it is found that the quorum for decision is not attained in a counting to be made upon the request of the president or members, provisions of paragraph two shall apply.
   Members shall cast their votes in person. Members who are physically disabled to cast secret votes may cast their votes by the hand of persons they will designate.
   Voting shall be made either secretly, or by signs or by reading names. Voting shall be accepting,
rejecting or abstaining.
   Decisions shall be signed by the president and clerk members of the assembly, and be distributed to members in the following meeting.
   Finalization of assembly decisions
   Article 15 — Full texts of the decisions taken by the general provincial assembly shall be forwarded to the governor within five days at the latest. The governor shall be entitled to return the decisions s/he finds contrary to the law to the general provincial assembly within seven days, stating the grounds therefor, so that they are discussed again. Assembly decisions not submitted to the governor shall not enter into force.
   Decisions not desired to be discussed again and those which are desired to be discussed again but are insisted on by the absolute majority of the whole number of members of the general provincial assembly shall finalize.
   The governor shall be entitled to contest the decisions finalized through the insistence of the assembly in administrative courts.
   Summaries of the decisions taken by the general provincial assembly shall be made public through various ways within seven days subsequent to the meeting at the latest.
   Specialization commissions
   Article 16 — During each opening meeting, the general provincial assembly may set up specialization commissions to comprise minimum three and maximum five persons to be selected from among the members. Planning and Budgeting, and Reconstruction and Public Works commissions may comprise seven persons at most.
   Specialization commissions shall be composed by way of proportioning the number of members of each political party group and independent members in the general provincial assembly to the whole number of the assembly. It is obligatory to set up the education, culture and social services commission, the reconstruction and public works commission, the environment and health commission and the planning and budgeting commission.
   Working times of the commissions other than the reconstruction and public works commission shall be limited to the duration of meeting of the assembly. Following the assembly meeting, the reconstruction and public works commission shall convene for maximum ten working days, and other commissions shall convene for maximum five working days, and they shall conclude the works entrusted to them. If the report is not submitted to the assembly at the end of this period, the issue shall be directly put on the agenda of the assembly by the president.
   District administrators and the chief officers of the public organizations in the province and the professional organizations in the capacity of public institutions, universities and labor unions as well as quarter and village administrators, and non-governmental organizations may participate in and express their opinions to the meetings of specialization commissions where issues falling under their jurisdiction and scope of activity are discussed, but they shall not have the right to vote.
   Works falling under the jurisdiction of specializations commissions shall be discussed in these commissions and they shall be concluded in the general provincial assembly.
   The commission may utilize experts in its studies.
   Commission reports shall be accessible, be made public via various means and may be provided to those who request them in return for a price to be fixed by the general provincial assembly.
   Supervision commission
   Article 17 — During the meeting held in January of every year, the general provincial assembly shall set up a supervision commission with minimum three and maximum five members from among its own members to be selected through secret ballot with a view to the supervision/ auditing of income and expenditure as well as accounts and transactions of the special provincial administration. The commission shall be composed by way of proportioning the number of members of each political party group and independent members in the general provincial assembly to the whole number of the assembly
   The commission shall carry out its activities in a place determined by the governor within the special provincial administration’s building, may utilize expert persons and organizations and also the staff of public institutions upon the approval of the governor. Information and documentation requested by the commission must be provided on condition that they are returned.
   The commission shall complete its studies until the end of February and submit its relevant report to the president of the assembly until the fifteenth day of the succeeding month.
   As regard the issues constituting offences, the presidency of the assembly shall indict before competent authorities.
   Procedure followed by the assembly to gather information and conduct supervision
   Article 18 — The general provincial assembly shall exercise its power to information and supervision by means of questions, general meeting and assessment of activity reports.
   Assembly members may ask verbal or written questions for issues regarding the activities of the special provincial administration, making motions to the presidency of the assembly. The question shall be responded to by the governor or a person to be designated by him/her verbally or in writing.
   At least one third of the general provincial assembly may file a request with the presidency of the assembly to hold a general meeting for a matter regarding the activities of the special provincial administration. Such request shall be placed on the agenda, only if it is accepted by the assembly.
   During the March meeting, the governor shall submit the activity report of the preceding year to the assembly.
   If the explanations in the activity report are not satisfactory to three-fourths of the whole number of members of the assembly, the minutes including the lack of quorum and the discussions made shall be sent by the President of the Assembly to the Ministry of Internal Affairs, so that the required action is taken.
   Meetings closed to the attendance by the president and members of the assembly
   Article 19 — The president and members of the general provincial assembly may not attend the meetings in which issues relating exclusively to them or their blood relatives, including the second degree, and relatives-in-law.
   Obligations of members of the assembly
   Article 20 — Members of the general provincial assembly may not undertake commitments, be involved in brokerage and representation works for the special provincial administration and its affiliated organizations during their term of office and for two years after their term of office expires.
   Expiry of term of office as a member of the assembly
   Article 21 — Membership in the general provincial assembly shall be automatically expire upon death and resignation.
   For members who attend three consecutive meetings or half of the meetings held in a year without an excuse or leave, the absolute majority of members may decide on the termination of their membership after taking their defense is heard.
   Where eligibility to be selected as a member of the general provincial assembly is somehow lost, the Council of State may decide on the termination of the membership upon the notification of the governor.
   Dissolution of the assembly
   Article 22 — The general provincial assembly shall be dissolved by a Council of State decision upon the notification of the Ministry of Internal Affairs if:
   a) it neglects the duties entrusted to it within the due time and this causes delays in the works of the special provincial administration,
   b) it takes decisions on political issues that are not relevant to the duties entrusted to the special provincial administration.
   Where the Ministry of Internal Affairs deems necessary, it may request that meetings of the assembly are postponed until a decision is taken, along with its notification on the dissolution of the assembly. Council of State shall decide on the postponement of meetings within one month at the latest.
   The assembly to succeed the dissolved assembly shall complete the remaining term of office.
   Performance of the duties of the vacant assembly
   Article 23 — Where
   a) The general provincial assembly is dissolved by the Council of State or its meetings are postponed,
   b) Its number of members is less than the whole number of members even after alternate members are brought,
   c) It is temporarily suspended,
   d) More than half of the whole number of the assembly is arrested,
   functions of the general provincial assembly shall be fulfilled by the incumbent members of the council, until the assembly restores to its former operable condition or the new assembly is elected.
   Attendance fees and other social rights of members of the assembly
   Article 24 — For each day of attendance in assembly meetings, the president of the general provincial assembly shall be paid an attendance fee to be found by multiplying the indicator 2600 by the coefficient applied to public servant salaries; and other members of the assembly shall be paid an attendance fee to be found by multiplying the indicator 2200 by the same coefficient.
   Members of the general provincial assembly shall be deemed on leave while they are sick. Furthermore, they may be given leaves not exceeding the half of the meetings held within a year, provided that they have reasonable excuses.

PART TWO
Provincial Council
   Provincial council
   Article 25 — The provincial council shall be chaired by the governor and comprise five members to be elected by the general provincial assembly every year from among its own members for one year through secret ballot and five members to be selected by the governor every year from among the chief officers, one being a chief officer of the financial services unit.
   Meetings of the council not attended by the governor shall be chaired by the secretary general.
   As regards the issues on the agenda, concerned chief officers may be invited to the meetings of the council by the governor, for their consultation and without any right to vote.
   Duties and powers of the council
   Article 26 — Duties and powers of the council are:
   a) Reviewing strategic plans and the annual work program as well as the budget and the final accounts, and declaring its opinion to the general provincial assembly.
   b) Taking and implementing the expropriation decisions regarding the works included in the annual work program.
   c) Determining the places of expenditure under the appropriation allotted for unforeseen costs.
   d) Making transfers between the second levels of the functional classification in the budget.
   e) Imposing the penalties foreseen in laws.
   f) Deciding on the amicable settlement of disputes up to five billion Turkish Liras, which are excluded from taxes, levies and charges.
   g) Implementing the decisions on the sale, exchange and allocation of real properties, and deciding on their renting provided that the duration is no more than three years.
   h) Determining opening and closing hours of public places outside the municipal boundaries.
   i) Declaring  opinions on the issues referred by the governor.
   j) Fulfilling other duties assigned by laws.

   Meetings of the council
   Article 27 — The council shall convene at the pre-specified place and time for at least once a week. The president may call the council for meeting in urgent situations.
   The council shall convene with the absolute majority of the whole number of members and take decisions by absolute majority of attendants. In case of equality of votes, the party for which the president votes shall be deemed the majority. No abstentious votes may be cast.
   Agenda of the council shall be prepared by the governor. Members of the council may propose items for the agenda.
   The council shall discuss and agree on the items of the agenda within one week at most.
   Decisions taken shall be signed by the president and attendants of the meeting. Those who object to decisions shall explain the reasons for such objections.
   The governor may request that the council decisions s/he founds contrary to regulations and the general provincial assembly’s decisions are revised. If the council persists in its decision, the decision finalizes. In this case, the governor shall suspend the implementation of the council decisions and shall file a claim to suspend the execution with the administrative courts within ten days. Such contest shall be decided on by the Council of State within sixty days at the latest.
   The president and members of the council may not attend the meetings in which issues relating exclusively to them or their blood relatives, including the second degree, and relatives-in-law.
   Payments to members of the council
   Article 28 — The president of the council shall be paid a monthly fee to be found by multiplying the indicator 14000 by the monthly coefficient specified for Public servants; and members of the assembly shall be paid a monthly fee to be found by multiplying the indicator 12000 by the same coefficient. Incumbent members of the council shall be paid the half of the indicator specified for council members.

PART THREE
Governor
   Governor
   Article 29 — The governor shall be the chief of the special provincial administration and the representative of its legal personality.
   Duties and powers of the governor
   Article 30 — Duties and powers of the governor are:
   a) As the highest ranking chief of the special provincial administration, steering and managing the special provincial administration, and protecting the rights and interests of the special provincial administration.
   b) Managing the special provincial administration in line with the strategic plan; developing institutional strategies of the special provincial administration; developing and implementing, monitoring and assessing the budget, performance criteria for the activities and staff of the special provincial administration in accordance with such strategies; submitting reports in this regard to the assembly.
   c) Representing the special provincial administration in Public departments and ceremonies, or representing it as a defendant or claimant at law or designating attorneys.
   d) Presiding over the provincial council.
   e) Managing the real properties and chattels of the special provincial administration.
   f) Follow up and collect the incomes and receivables of the special provincial administration.
   g) Making contracts on condition that agreement of competent authorities is obtained.
   h) Implementing the decisions taken by the general provincial assembly and the council.
   i) Implementing the budget, and making the transfers in the budget, which are not subject to the jurisdiction of the assembly and the council.
   j) Appointing the staff of the special provincial administration.
   k) Supervising the special provincial administration, its affiliated organizations and establishments
   l) Accepting unconditional donations.
   m) Taking necessary measures required for the peace, well-being, health and happiness of the people of the province.
   n) Using the appropriation allotted for the poor and dependants in the budget.
   o) Fulfilling the tasks and using the powers vested by laws in the special provincial administration, which do not require a decision by the general provincial assembly or the provincial council.
   Strategic plan and performance plan
   Article 31 — Within six months as from the general elections for local administrations, the Governor shall prepare development plans and programs, and strategic plans, in line with the regional plans, if any, and develop a yearly performance plan prior to the beginning of the relevant year, and submit them to the general provincial assembly.
   The strategic plan shall be developed in consultation with universities and chambers of profession, if any, and non-governmental organizations concerned with the issue; it shall take effect after being adopted at the general provincial assembly.
   Development of the budget shall be based on the strategic plan and the performance plan. The strategic plan and the performance plan shall be discussed and adopted in the general provincial assembly before the budget.
   Assignment of powers
   Article 32 — The governor may assign some of his/her duties and powers to the officials of the special provincial administration, who are in the capacity of a manager/director, or to district administrator in districts, wherever s/he may deem necessary.
   Assignment of representative powers in case of dispute
   Article 33 — Where first- and second-degree blood relatives or relatives-in-law of the governor are in dispute with the special provincial administration, initiation of legal proceedings and representation of the special provincial administration in such legal proceedings shall be undertaken by the president of the assembly, and in his/her absence, by the vice-president and the persons to be designated by them.
PART FOUR
Common Provisions for Branches
   Suspension from office
   Article 34 — Branches of the special provincial administration against which investigations or prosecution has been initiated due to an offence relating to their duties, or members of such branches may be suspended from their offices as an interim measure until the final order.
   The suspension from office shall be reviewed every two months. Suspension from office whose continuation is not considered conducive to public benefit shall be cancelled.
   Suspension from office of the branches of the special provincial administration or members of such branches, due to investigations or prosecutions, shall be repealed where investigation is not allowed under the Law No. 4483 on Trial of Public Servants and Other Public Officers, where proceedings are dismissed, public action is rejected or a verdict of acquittal is rendered; where proceedings are lifted due to amnesty or in case of a conviction not necessitating suspension from office.

SECTION THREE
Organizational Structure of the Special Provincial Administration
   Organizational Structure of the Special Provincial Administration
   Article 35 — Organizational Structure of the Special Provincial Administration shall consist of the general secretariat, financial affairs, health, agriculture, reconstruction, human resources, legal affairs departments. Establishment, abolition or combination of other departments according to the norm staffing system and existing needs shall be made upon a decision of the general provincial assembly, in regard to the population, physical and geographical nature, economic, social, cultural characteristics as well as the potential development of the province.
   Secretary general shall organize and provide the services of the general provincial assembly on behalf of the governor and in line with his/her commands, in accordance with legislative provisions, the decisions of the general provincial assembly, the purpose and policies of the special provincial administration, the strategic plan and the annual work program. To this end, s/he shall issue the relevant commands to the organizations of the special provincial administration, and supervise and ensure their implementation.
   Secretary general shall be answerable against the governor for the provision of the above services.
   In provinces with a total population of up to 3.000.000, maximum two assistant secretary generals may be appointed; and in provinces with a population of more than the above, maximum four assistant secretary generals may be appointed.
   In districts, special district administration to act under the district administrator may be established to carry out the procedures of the special administration.
   Norm Staffing and employment of the staff
   Article 36 — Principles and standards for norm staffing shall be jointly specified by the Ministry of Internal Affairs and Presidency of Public Personnel. Norm staffing works shall be undertaken by or delegated to others by the special provincial administration within the framework of these principles and standards.
   Staff of the special provincial administration shall be appointed by the governor, and this shall be submitted for the information of the general provincial assembly in the first meeting.
   Special provincial administrations may employ on contracts experts and technical staff they need, such as physicians, specialist physicians, veterinaries, lawyers, engineers, analyzers and software developers, architects, midwives, nurses, technicians, etc. involved in environment, health, veterinary medicine, technical, social and economic fields, culture and arts, information and communication, planning, research and development, training and consulting, insofar as the number and positions under the norm staffing system allows such employments. Those who will be employed on contracts in this way shall be obliged to fulfill the qualifications as required for the services they are to provide. No further appointments shall be made to the vacant seats or offices regarding services provided through contractual staff.
   Amount of wages of those who are to be employed in accordance with paragraph three shall be determined by the general provincial assembly respecting the limits specified by the Council of ministers, provided that it does not exceed the ceiling wages to be fixed in the Budget Law. Those who are to be employed in this way shall in no way be paid a wage under whatever name other than the contractual wage or not be given an interest in cash or in kind as a wage. Provisions on those who are employed under paragraph (B) of Article 4 of the Public Servants Act No. 657 dated 14.7.1965, excluding endorsement requirements, shall apply to said staff, where this Act does not have any provision applicable thereto.
   Those who are appointed to the Secretariat general shall enjoy exactly the same rights granted to directors general in ministries, included in the general administrative services class, in provinces with metropolitan municipalities, and the rights granted to exclusive chief officers, included in the general administrative services class, in other provinces. They shall be appointed upon proposal of the governor and approval of the Minister of Internal Affairs.
   Public servants employed at public institutions and organizations may be appointed department director or top managers of special provincial administrations upon their request and the agreement of their institutions. Where such appointments are concerned, the requirements laid down in point (B) of Article 68 of the Public Servants Act No. 657 shall be taken into consideration. Those members of staff of public institutions and organizations who are thus employed in special provincial administrations shall be considered on leave from their institutions. During the period of time for which those members of staff are appointed, all financial rights belonging to the office they are appointed to as well as social security costs and other similar rights required to be met by their institutions shall be covered by the special provincial administration. The period of time during which they are on leave shall be taken into account in their promotions and retirement procedures; and those who are entitled to promotions shall be promoted without any further formality. Those who are appointed in this way shall be reappointed to their positions/ offices within maximum one month provided that they file an application with their previous institutions; or to other appropriate positions/ offices, if the previous positions/ offices have been lifted or indispensable appointments have been made to them.
   As regards local administrators appointed as a secretary general, the period of time they spend in this duty shall be considered to have been spent in their professional ranking. Those who are appointed in this way shall be appointed to duties appropriate to their professional ranking by the Ministry of Internal Affairs within one month following the expiry of their office.
   Officers of the special provincial administration, except the employees working on a contractual basis and workers, may be paid maximum two bonuses a year according to their status of achievement upon a council decision, which shall not exceed the amount to be found after multiplying the salary coefficient applied to Public servants by the indicator number 20000, in proportion to their periods of service (excluding sick and annual leaves), provided that it does not exceed 10% of the total number of officers. The above number shall be applied as 30000 where metropolitan municipalities exist.

SECTION FOUR
Inspection of Special Provincial Administrations
   Purpose of inspection
   Article 37 — Purpose of inspection of special provincial administrations is to analyze, compare and appraise impartially processes and outcomes of services with regard to their accordance with the legislation, preset goals and objectives, performance criteria and quality standards, evaluate them on concrete evidence and report attained results to the concerned authorities, with a view to assisting in the prevention of failures in their activities and operations, and guiding the special provincial administration organization through its development process and evolution of its management and control systems into a valid, reliable and consistent status.
   Scope and types of inspection
   Article 38 — Internal and external inspection shall be carried out in special provincial administrations. Inspection shall encompass inspections for the accordance of works and operations with the law, financial and performance inspections.
   Internal and external inspections shall be performed in accordance with the provisions of the Law No. 5018 on Public Financial Management Control.
   Furthermore, administrative acts/ operations of the special provincial administration other than financial ones shall be inspected by the Ministry of Internal Affairs, the governor or officers to be delegated by them in regard to their compatibility with the integrity of the administration and development plans and strategies.
   Organizations and establishments affiliated to special provincial administrations shall be inspected in accordance with the above rules.
   Results of inspections shall be announced to public and submitted for the attention of the assembly.
   Activity report
   Article 39 — The Governor shall develop an activity report to describe the activities performed according to strategic plans and performance goals, realization of goals according to the set performance criteria and reasons for occurring deviations, as specified under paragraph four of Article 41 of the Law on Public Financial Management and Control.
   The activity report shall be submitted by the governor or the secretary general to the assembly in the meeting in March. A copy of the report shall be sent to the Ministry of Internal Affairs and be made public.
   Impediment of services
   Article 40 — If upon a request of the relevant ministry the competent judge in a court of peace finds that services of the special provincial administration is seriously impeded and this fact leads to vitally adverse effects on the health, peace and well-being of the people,
   Then the Ministry of Internal Affairs shall:
   a) Request the special provincial administration to correct the impediments taking place in services within a reasonable period of time, depending on the nature of the concerned service.
   b) Request the governor of the province to fulfill the concerned service, if impediments are not corrected. In this case, the governor shall in the first place correct the impediments by means of the equipment, tools, staff and other resources of the special provincial administration. Where this is not a viable alternative, s/he may make use of the facilities of other public institutions and organizations. Any cost to be incurred accordingly shall be communicated by the governor to the Bank of Provinces; and the Bank of Provinces shall, in turn, appropriate a share from the allotments of the special provincial administration over the total collection of general tax revenues of the special provincial administration of the concerned province for the following month, and send such appropriation to the governor.
   Other provisions on inspection
   Article 41 — Where this Act does not have any provision for the performance of inspections and development of activity reports, Law No. 5018 on Public Financial Management Control and provisions of other laws shall be applicable.

SECTION FIVE
Financial Provisions and Penalties
PART ONE
Revenues and Expenditure of the Special Provincial Administration
   
   Revenues of the special provincial administration
   Article 42 — Revenues of the special provincial administration are as follows:
   a) Taxes, levies, charges and participation shares of the special provincial administration as specified in laws.
   b) Shares from the tax revenues allotted in the general budget.
   c) Payments from administrations with private and general budget.
   d) Revenues to be generated from the rental, sale and otherwise evaluation of real properties and chattels.
   e) Fees in consideration of services, which are to be collected in accordance with the tariffs to be determined by the general provincial assembly.
   f) Interest and penalty revenues.
   g) Donations.
   h) Revenues in return for any undertaking, participation and activities.
   i) Other revenues.
   Expenditure of the special provincial administration
   Article 43 — Items of expenditure of the special provincial administration are as follows:
   a) Costs incurred for the supply, construction, maintenance and repair of the buildings, facilities as well as vehicles and materials of the special provincial administration.
   b) Wages, fees, payments, attendance fees, travel allowances, training expenses paid to the staff of the special provincial administration and members of its elected bodies, and other costs.
   c) Any costs for infrastructure, construction, repair and maintenance.
   d) Costs to be incurred due to the follow-up and collection of taxes, levies, charges, participation shares, fees in consideration of services and other revenues.
   e) Aids to the villages and unions of villages within the framework of the principles to be set out by the general provincial assembly.
   f) Partnership shares, membership payment costs regarding the companies, corporations and unions to which the special provincial administration participates.
   g) Interests, other payments incurred for borrowing and insurance costs.
   h) Social services and assistance for the poor, the needy, the homeless and the disabled.
   i) Legal proceedings and executive costs.
   j) Costs for representations, celebrations, hosting and demonstration.
   k) Payments in consideration of the services of legal representation, consultancy, and inspection.
   l) Costs resulting from joint services conducted with public and private and non-governmental organizations both in Turkey and abroad, and other projects.
   m) Costs incurred for socio-cultural and scientific activities.
   n) Costs for public opinion polls and inquiries in regard to services of the special provincial administration.
   o) Natural disaster costs.
   p) Other costs incurred for the fulfillment of tasks and services entrusted by the law.

PART TWO
Special Provincial Administration Budget
   Special Provincial Administration Budget
   Article 44 — The budget developed in accordance with the strategic plan of the province shall indicate the revenues and expenditure estimations for the fiscal year and following two years; it shall authorize collection of revenues and expending of costs.
   The budget shall be attached detailed spending schedules and financing schedules.
   The budgetary years shall be the same as the State’s fiscal year.
   No expenditures may be made out of the budget.
   The governor and other officials entitled to expend shall be accountable for efficient, economical and proper expending of budget appropriations.
   Development and adoption of the budget
   Article 45 — The governor shall prepare the budget and submit it to the provincial council at the beginning of September. The Council shall review the budget and submit it to the general provincial assembly before the first day of November as accompanied by its opinion thereon.
   The general provincial assembly shall adopt the draft budget exactly the same or with alternations before the new year. Notwithstanding, the assembly may not make alterations, which may upset the budget’s equilibrium, and thus increase expenditure and decrease revenues.
   Officials entitled to expend
   Article 46 — The highest ranking administrator of each expenditure department for which an appropriation is allotted in the special provincial administration budget shall be entitled to make expenditure. This entitlement shall be enjoyed by the district administrator in districts.
   Appropriations to be sent to districts should be endorsed by the financial controller of the special provincial administration. In the course of expending such appropriations, no further controlling shall be made prior to the expending.
   Final accounts
   Article 47 — Final accounts of the budget of each year shall be submitted by the governor to the council within March following the end of the accounting term. Final account shall be discussed and concluded in the meeting of the general provincial assembly in March.
   Budgetary provisions shall apply to the discussion and conclusion of the final account.
   Budget
   Article 48 — Rules and procedures applicable to the budget and accounting operations of the special provincial administration shall be set out in a regulation to be issued by the Ministry of Internal Affairs in consultation with the Ministry of Finance.
   Continuity of the past year’s budget
   Article 49 — Where the budget of the new year is not finalized for any reason whatsoever, the past year’s budget shall be implemented until the new budget is finalized.
   Operations performed until the adoption of the budget shall be considered to have been performed according to the new year’s budget.
   Service commitments involving future years
   Article 50 — Maintenance of parks, gardens and pools, car rents, controlling, cleaning and catering services, maintenance and repair of vehicles, computers, fax devices, photocopiers and other technological products may be assigned to third parties by way of contracting, upon decision of the general provincial assembly in special provincial administrations, or the decision of the competent body in organizations affiliated to special provincial administrations, provide that its duration does not go beyond the end of the third day following the first general elections for local administrations. ,

PART THREE
Borrowing and Economic Engagements
   Borrowing
   Article 51 — The special provincial administration may borrow funds or issue bonds in accordance with the following procedures and rules with a view to meeting the costs necessitated by its duties and services:
   a) External borrowing may be made within the framework of the Law No. 4749 on Public Financing and Debt Management, only if it serves the purpose of financing the projects included in the investment program of the special provincial administration.
   b) Using investment loans and loan in cash from the Bank of Provinces, the special provincial administration must present its repayment plan to this bank. If the Bank of Provinces does not find the repayment plan satisfactory, it shall reject the loan demand of the special provincial administration.
   c) Issuance of bonds shall serve the purpose of financing the projects included in the investment program and be in accordance with the relevant legislation.
   d) Internal and external debt stock, including interests, of the special provincial administration and its affiliated organizations as well as the companies in which they hold more than 50% of the total shares may not be more than the last finalized budget revenues, as increased by the revaluation rate specified in the Tax Procedures Act No. 213. This amount shall be applied after it is multiplied by one and a half, for special provincial administrations of the provinces having a metropolitan municipality.
   e) The special provincial administration and its affiliated organizations as well as the companies in which they hold more than 50% of the total shares may undertake an internal borrowing not exceeding 10%, in total, of their last finalized budget revenues, as increased by the revaluation rate specified in the Tax Procedures Act No. 213, upon a general provincial assembly decision, and where this amount exceeds 10%, upon decision of the absolute majority of the whole number of members of the assembly and approval of the Ministry of Internal Affairs.
   f) For those infrastructural investments of special provincial administrations which necessitate advanced technology and a large amount of funds, borrowings to be accepted by the Council of Ministers upon the proposal of the Undersecretariat for State Planning Organization shall not be taken into account in the calculation of the amount referred to in the point (d). For projects necessitating external funds, the Undersecretariat of Treasury shall be consulted.
   For officials of special provincial administrations who incur debt in contradiction with the procedures and rules above, Article 240 of the Turkish Penal Code shall apply, where their acts does not require a heavier penalty.
   The special provincial administration shall submit its financial statements including detailed illustrations of its assets and liabilities to the ministries of Internal Affairs and Finance as well as the State Planning Organization and the Undersecretariat of Treasury on a quarterly basis.
   Incorporation of a company
   Article 52 — The special provincial administration may incorporate capital stock companies in the filed of activities and duties assigned to it, in accordance with the procedures laid down in the applicable legislation.
   Establishments
   Article 53 — The special provincial administration may conduct its services, which brings special revenues or costs, by setting up establishments under the budget appropriations with the authorization of the Ministry of Internal Affairs.
   Such establishments shall be inspected in accordance with the procedure applicable to the special provincial administration.
   Exchanging and offsetting debts and receivables
   Article 54 — Except the Treasury receivables under the Law No. 4749, receivables and debts of the special provincial administration, subject to private law or public law, against the general-budget organizations, social security organizations, local administrations and other public institutions and organizations shall be exchanged and offset. Adequate and necessary appropriations shall be included in the budgets of these institutions and organizations.
   Rules and procedures applicable to exchange and offset transactions under this article shall be laid down in regulation to be issued by the Ministry of Finance, obtaining the affirmative opinion of the Ministry of Internal Affairs.

PART FOUR
Penalties
   Penalties
   Article 55 — Those who act in contradiction with the decisions taken and duly announced by the general provincial assembly under the authority granted by laws, for the issues falling under the jurisdiction of the special provincial administration, shall be sentenced to a monetary penalty of up to three hundred million Turkish Liras, where legislation does not provide for any other penalty. Where the offence is perpetrated on behalf of any corporation, the penalty shall be doubled.
   Where the offences referred to in paragraph one above are perpetrated by those who are involved in trade, arts and professions regarding certain needs such as eating, drinking, entertainment, resting, sleeping, care and cleaning, the workplace shall be closed for three to seven days as an additional penalty.
   If the facilities under the jurisdiction and responsibility of the special provincial administration are damaged howsoever, the costs incurred by the special provincial administration to restore them to their previous conditions shall be collected from the damager with a 30% excess.
   Power to impose penalties
   Article 56 — Penalties envisaged in Article 55 shall be imposed by the provincial council. However, where the governor or the district administrator identifies the perpetration of an offence, s/he may impose a penalty of up to one hundred million Turkish Liras and close down the workplace for up to three days.
   Issuance of a fact sheet
   Article 57 — Authorized personnel of the special provincial administration shall draw up a fact sheet for those who commit acts and actions that necessitate penalties. The sheet shall indicate the place, time and quality of the act or action committed against the prohibition; it shall also indicate the breached legislative provision. The sheet shall be drawn up in the place where the act and action was committed, be signed by parties and one copy of it shall be given to the concerned person and the other copy shall be delivered to the special provincial administration within ten days. Where the concerned person refrains from signing or receiving the sheet, this shall be recorded in the sheet. In this case, the fact sheet shall be delivered to the relevant village/ quarter administrator, and thus be considered to have been made to the concerned person.
      Objection to the fact sheet and conclusion
   Article 58 — Those for whom a fact sheet has been issued may file an objection with the special provincial administration within fifteen days following the date notification. Objections may be made through the agency of district administrators in districts. Objections filed with district administrators shall be forwarded to the special provincial administration within seven days.
   Contested or non-contested fact sheets shall be concluded by the provincial council within fifteen days.
   Notification of decisions and objections
   Article 59 — Decisions of penalty under this Act shall be notified in accordance with the Notifications Law No. 7201 of 11.2.1959.
   Application to administrative judicial authorities shall not suspend implementation of monetary penalties.
   Implementation of penalties
   Article 60 — If monetary penalties are not deposited in the account of the special provincial administration within thirty days following the date of notification, they shall be collected in accordance with the procedures of the Law No. 6183 on the Procedures for Collection of Public Claims.
   The penalty to close down the workplace shall be implemented by sealing the workplace during term of penalty.
   Withdrawal and disposal
   Article 61 — Without prejudice to the provisions of the General Public Health Law No. 1593, materials prohibited for use and sale by the special provincial administration shall be withdrawn. Those materials which are found harmful to health as a result of examinations and analyses shall be disposed of. Others shall be delivered to their owner. Goods not received by their owners within thirty days shall be treated properly by the special provincial administration.

SECTION SIX
Miscellaneous and Final Provisions
PART ONE
Miscellaneous Provisions
   Foreign Relations
   Article 62 — The special provincial administration may be a founder member or an ordinary member of international organizations and institutions acting in fields relating to its scope of activity, subject to the general provincial assembly decision.
   The special provincial administration may undertake activity and service projects in conjunction with such organizations and institutions.
   The activities to be performed under paragraph one and two must be conducted in accordance with the foreign policy and international agreements, and prior consent of the Ministry of Internal Affairs must be obtained.
   Tasks and supplementary payments of district administrators
   Article 63 — District administrators shall be obliged to fulfill the tasks of the special provincial administration assigned by the governor and answerable against the governor for such fulfillment. In consideration of the fulfilled tasks, district administrators shall be paid a monthly payment to be found by multiplying the indicator 12000 by the salary coefficient applied to Public servants.
   Provisions of paragraph (c) of Article 5 of the Law No. 4505 on Making Amendments to Certain Laws Concerning Social Security and on Payment of Representation Security as well as the Decree No. 631 on Making Amendments to Regulations on Financial and Social Rights of Public Servants and other Public Officers and Certain Laws and Decrees shall not apply to the disbursement of the payments specified in this Article and Article 28.
   Relations with other organizations
   Article 64 — For issues falling under the jurisdiction and scope of activity of the special provincial administration in accordance with the agreement to be made upon a decision of the general provincial assembly, the special provincial administration may:
   a) undertake, in return for a fee or free of charge, construction, maintenance, repair and transportation works of other public institutions and organizations or perform joint service projects with these organizations and carry out necessary fund transfers to this end. In such a case, the work shall be completed in accordance with the legislative provisions applicable to the organization undertaking the performance of the work.
   b) may meet the needs for buildings, facilities, plots of land and needs in kind, or employ vehicles and personnel temporarily, with a view to the fulfillment of principal duties and services of the central administration.
   c) may undertake joint service projects in cooperation with professional organizations, associations, foundations, serving as a public institution, and chamber of profession falling under the Law No. 507 on Tradesmen and Craftsmen.
   d) may allocate their own real properties to other public institutions and organizations so that they are used in their principal duties and services, provided that duration of such allocations does not last more than twenty five years. If such real properties are used out of their intended use, the allocation shall be cancelled. At the end of the allocation, reallocation on the same terms shall be possible. Such properties may be rented out to the same institutions.
   Real properties afforded or allocated by special provincial administrations in accordance with points (b) and (d) may not be used as a public residence and social facility.
   Voluntary participation in the services of the special provincial administration
   Article 65 — The special provincial administration shall implement programs intended for the participation of volunteers for the purpose of ensuring solidarity and participation in the provision of health, educational, sports, environmental, traffic and cultural services as well as services toward the elderly, the women and children, the disabled, the poor, etc. and increasing the effectiveness, savings and efficiency in such services.
   Qualification of volunteers and the rules and procedures applicable to their employment shall be laid down in a regulation to be issued by the Ministry of Internal Affairs.
   Communication
   Article 66 — The special provincial administration may communicate directly to public institutions and organizations.
   Disbursement of counseling fees
   Article 67 — Provisions of the Law No. 1389 on the Counseling Fees to
be Awarded to Attorneys-at-Law Representing the State Before the Courts dated 2.2.1929 shall apply to disbursement of counseling fees collected from the opposing party due to the cases and attachment prosecutions resulted in favor of the special provincial administration to the attorneys-at-law holding an office and the officers serving at the legal office
   Implementation of the revaluation rate
   Article 68 — The monetary amounts in this Act, except fees, attendance fees and bonus payments, shall be increased every year according to the revaluation rate to be specified in accordance with the Tax Procedures Law No. 213.
   Emergency planning
   Article 69 — The special provincial administration shall develop necessary disaster and emergency plans and prepare required teams and equipment in order to guard against fire, industrial accidents, earthquakes and other natural disasters or mitigate their effects, considering the characteristics of the province.
   During the development of emergency plans, coordination with other provincial emergency plans, if any, shall be ensured and relevant ministries, public institutions, professional organizations as well as universities and other local administrative bodies shall be consulted.
   After taking necessary measures toward the training of the people in line with plans, programs may be made in collaboration with the administrative bodies, institutions and organizations referred to in paragraph two.
   In the event of fires and natural disasters outside the province, the special provincial administration may provide aid and support to such regions.
                                                                         ./..
3  Turkish law forums / TURKISH MARITIME LAW / Act On Fee Of Sanitation For Ships - Law no: 2548 on: September 15, 2010, 02:45:07 AM
ACT ON FEE OF SANITATION FOR SHIPS
 
          Law No                  : 2548
          Adopted on      : 6/11/1981
          Published in the Official Gazette dated: 10/11/1981   Numbered: 17510
         
                                                                              *
                                                                            * *
             Scope:
             Article 1 – (Amended: 19/10/1983-2928/Art.1)
             This Law applies to ships navigating among Turkish ports, to ships navigating from foreign ports to Turkish ports, , to ships navigating from Turkish ports to foreign ports  or to ships navigating through the Turkish Straits under transit passage.
             Article 2 – (Repealed: 19/10/1983-2928/Art. 6)
            Sanitation fee
             Article 3 – (Amended: 19/10/1983-2928/Art. 2)
             The sanitation fee to be charged in Turkish ports, for each net ton of the ships falling under Article 1 , shall be subject to a tariff to be prepared by the Ministry of Health and Social Assistance in consultation with the ministries of Foreign Affairs and Finance and shall be put into effect at the beginning of every fiscal year.
   Such sanitation fee shall apply with a special discount to be specified in the same tariff to the ships with the right of coastal trading, private yachts calling at Turkish ports, tourist ships carrying tourists and not engaged in any other commercial activities and  ships conducting scientific research.
   Ships navigating among Turkish ports and ships departing from Turkish ports shall pay such sanitation fee in the port of first departure, and those coming from foreign countries shall pay the same in the first port of call.
   The sanitation fee to be collected from ships passing through the Straits shall be subject to the provisions of Montreaux Convention. 
             Exceptions:
             Article 4 – (Amended: 19/10/1983-2928/Art. 3)
   Sanitation fee shall not be charged to war ships,  ships making an official visit and the ships entering Turkish ports due to a force majeure and not conducting commercial activities as well as those ships weighing no more than fifty tons.
5396
 
   No additional sanitation fee shall be charged from ships navigating through the Turkish Straits under transit passage and those ships which are obliged to pay sanitation fee in accordance to the provisions of the Montreaux Convention, on calling to and departing from Turkish ports.   
             Ship sanitation certificate:
             Article 5 – The ships up to 250 tons operating among Turkish ports and enjoying cabotage rights shall be given an annual certificate of sanitation in return for the non-discounted sanitation fee amount. However, this amount may in no case be less than the amount to be paid by a ship of 100 tons.
             Prohibitions and penalties:
             Article 6 – The following activities are prohibited:
             a) Departing from ports without completing sanitation procedures.
             b) Failing to stay in front of sanitation centers or the places indicated by such centers for the sanitation procedures.
             c) (Amended: 19/10/1983-2928/Art. 4) For a ship coming from a foreign port, receiving any materials or loading and unloading passengers without obtaining a free pratique after the sanitation inspection at the port.
             d) Providing a false sanitary declaration.
             e) Failing to make a timely application to the relevant authorities for the purpose of receiving services for the fight against microbes, insects and mice, where necessary.
             f)The coming alongside a dock of a ship that comes from an epidemic port and whose sanitary examination has been complete but has not yet received a sanitation certificate or the failing of a ship which has received a sanitation certificate after a sanitary examination and admitted to come alongside a dock under certain conditions, to not live up to these conditions
             g) The calling at a port of an epidemic ship whose sanitary examination has been complete but which has not yet received a sanitation certificate or the hindering and causing obstructions in the way of the complete execution of sanitary precautions and the departure without the reception of a sanitation certificate, of an epidemic ship.
             h) Where necessary, failing to have in place a yellow quarantine flag on the foremast in the daytime and failing to  have a red flash light at the top and a white flash light at the bottom in the nighttime.
             (Amended: 19/10/1983-2928/Art. 4) Masters of ships in breach of the above prohibitions shall be charged with a monetary penalty equal to twenty five percent of the sanitation fee required to be paid by the ship. However, in determining the amount of the penalty, the discounts mentioned in paragraph two of Article 3 shall not be taken into consideration and the penalty may not be less than the sanitation fee required to be collected from a ship with a net weight of a thousand tons. The penalty may be contested before the Directorate General of Health for Borders and Coasts.
             Relevant budget :
             Article 7 – The sanitation fee, the amount of the annual sanitation certificate  and associated penalties provided for in this Law shall be recorded as revenue in the budget of the Directorate General of Health for Borders and Coasts.
             Regulation:
             Article 8 – (Amended : 19/10/1983-2928/Art. 5)
   Implementing rules and procedures for this Law shall be set out in a Regulation to be issued by the Ministry of Health and Social Assistance within six months following the entry into force of this Law and shall be published in the Official Gazette.             
5397
 
             Repealed provisions:
             Article 9 – Law No. 500 of 21/4/1340, Law No. 3057 of 31/7/1936, Law of 31/7/1936, and Law No. 5115 of 18/6/1947 shall be repealed.
             Provisional Article 1 – (It is the unnumbered provisional article of the Law No. 2548, and numbered for succession purposes)
   Until the regulation envisaged herein enters into force, those effective provisions of the General Regulation that are not inconsistent with this Law shall continue to be applicable.
                                                                       Entry into force:
             Article 10 – This Law shall enter into force on 1/1/1982.
             Enforcement:
             Article 11 – This Law shall be enforced by the Ministers of finance, Health and Social Assistance.
5398

5399
 
 
THE LIST INDICATING THE LAWS AND PROVISIONS
REPEALED BY THE LEGISLATION PROVIDING FOR ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Repealed Laws or Law Provisions
Date
Number
Article
Article 2 of the Law No. 2548 on Ship Sanitation fee
19/10/1983
2928
6

5400
 
 
THE LIST INDICATING DATE OF ENTRY INTO FORCE OF THE LEGISLATION INTRODUCING ANNEXES TO AND AMENDMENTS IN THE LAW NO. 2548
 

Repealed Legislation’s
Date of Entry Into Force
Articles entering into force on different dates
2928
22/10/1983

-

4  Turkish law forums / TURKISH MARITIME LAW / The Code Pertaining To The Principles To Be Applied To The Explosives - 4536 on: September 15, 2010, 02:43:21 AM
(UZ) CODE FOR EXPLOSIVES AND DUBIUOS SUBSTANCES


THE CODE PERTAINING TO THE PRINCIPLES TO BE APPLIED
TO THE EXPLOSIVES AND DUBIOUS SUBSTANCES THAT
ARE DETECTED ON THE SEAS AND ON LAND

The number of the code      : 4536
Date of passage         : 24.02.2000
The Official Gazette, in which
the code is published         : Date: 27.02.2000 Number: 23977
The collection            : Compilation 5,   Volume 39, page

SECTION ONE
The Purpose, Scope and Definitions

The Purpose
ARTICLE 1. – The purpose of this Code is to provide for and arrange the principles and procedures pertaining to the examination and rendering harmless of.explosives and dubious substances

The Scope:
ARTICLE 2. – This Code covers the explosives and all kinds of dubious substances that will be detected or secured on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law as well as the duties and responsibilities of the public and private institutions and the related and legal persons that will take part on these activities.
The Definitions
ARTICLE 3. – The following terms used in this Code have the following meanings:
a)The explosive: Covers all explosives used for the purpose of war, the guiding systems of weapons, the military equipment containing explosives, nuclear weapons and chemical substances, aircraft bombs, warheads, guided and ballistic missiles, hand grenades, rockets, ammunition for heavy weapons, mines, hand made explosives, torpedos, water bombs, pyrotechnic materials, interceptives and guides, electronic explosives and similar materials that will cause death and injury of persons and damage to the equipment and buildings by way of detonation,
b)The dubious substance: The substances, of which it will be presumed that they contain explosives, which create a threat for the environment or of which the nature is unknown.
c)Rendering harmless: The elimination of the threat created by an explosive or any dubious substance.




SECTION TWO
The substance detected on the seas, coasts and on land
The substance detected on sea
ARTICLE 4. – The ships, all kinds of sea and air vehicles moving on or at places that could affect our inland rivers and lakes, within our territorial waters, on the seas that are under our sovereignty and supervision according to the international law will notify immediately using the means of communication and if this is not possible as soon they arrive at a place where this is possible the closest units attached to the Navy Command Center or the Coast Guard Command or the other military units or the regional directorates or the Port Directorates of the Undersecretariat of Maritime Affairs or the administrative bodies, if there are no regional directorates or port directorates, of the location and the direction of the movement of the explosives as well as the necessary information such as the colour, form, quantity and the similar information on every kind of explosives and dubious substances they detect .
The institutions that are notified of the location, the probable direction of movement of the explosives and dubious substances will immediately notify the seamen, the naval units, the Office of Naval Traffic Hydrography and Oceanography. The security measures to be taken related to these places will immediately be determined and implemented by the military institutions.
The substances detected at our coasts
Article 5. – The persons, who detect or find the explosives or dubious substances at our coasts, will inform either personally or by means of communication the closest military unit or the administrative bodies if there are no military units in the vicinity. In the case that the administrative bodies other than the military institutions have been notified, the closest military unit will immediately be notified of the situation by the mentioned administrative body. The explosives and dubious substances that have been detected or found will be examined by the authorised teams of the Naval Command and will be rendered harmless.
The substances that are seen or detected on land throughout the country
ARTICLE 6. – The persons who have found or seen the explosives, dubious substances detected or seen on land throughout the country will immediately notify personally or by means of communication the closest administrative body. The explosives and dubious substances that have been notified will be examined by the teams of the Interior Ministry and rendered harmless.

SECTION THREE
The intervention, giving technical assistance and information
The Intervention
ARTICLE 7. – The authorised teams of the related commands will deal with the explosives and dubious substances found at the facilities belonging to the Land Forces, Naval and Airforce Command and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the related command will deal with the explosives and dubious substances found at the facilities belonging to the General Command of Gendarmerie and on the grounds and the shooting fields under the responsibility of the same commands.
The authorised teams of the General Directorate of Law Enforcement will deal with the explosives and dubious substances found at the facilities belonging to the General Directorate of Law Enforcement and on the grounds and the shooting fields under the responsibility of the same commands.
The necessary security measures for the preservation of the explosives and dubious substances in the form they were found will be taken by the military units and administrative bodies that were informed at first during the time until the authorised units have arrived to deal with the situation .

Technical Assistance
ARTICLE 8. – In the case that the need to obtain assistance arises as the activities for dealing with and rendering harmless the explosives and dubious substances are being carried out, the Land Forces, Navy and Air Force Commands, the Coast Guard Command, General Directorate of Law Enforcement and the other public bodies and institutions will cooperate to provide the vehicles, tools, documents, personnel and technical information.

Giving Information
ARTICLE 9. – The Headquarters of the General Staff will be informed as soon as possible on the substances that have been found at the settlement areas or outside the settlement areas and have been rendered harmless and that could serve as a source of intelligence and as a sample in order to obtain technical intelligence information and to be able to take the necessary precautionary steps.
The samples and technical information obtained from the hand made bombs or explosives and explosives manufactured in factories that do not have the nature of a bomb will also be sent to the General Directorate of Law Enforcement to be examined, to be compared with others used in the event and to be evaluated.
SECTION FOUR
The Supply
Supplying the vehicles, tools and personnel
ARTICLE 10. – The military and administrative bodies and institutions are responsible for supplying the required vehicles, tools, personnel as well as for meeting the needs and taking over the expenses of the personnel in order to determine, transport, examine, preserve or render harmless the explosives and dubious substances.
Making use of the vehicles and tools belonging to real and legal persons
ARTICLE 11. – In the case that the vehicles belonging to the military and administrative institutions are not available for any reason, the highest administrative authority of the region will make use of the vehicles and tools belonging to real and legal persons. The rental fee and the daily fee for the persons, of whom the service has been accepted, will be determined by way of bargaining in accordance with the regional conditions and paid at the latest within 90 days.
In the case that there is nobody willing to give service, the required vehicles will be confiscated temporarily by the highest-ranking administrative authority and delivered to the personnel on duty. The amounts for hiring the vehicles or the fee for the owners of these vehicles will be determined according to the regional conditions by way of bargaining or will be determined by the commission to be established pursuant to the article below and paid to the entitled persons at the latest within 90 days.
The indemnification sum to be paid for the vehicles that will be damaged or lost during the service will be determined by a committee to be established within thirty days by the administrative body that has given the duty and will be paid at the latest within ninety days. The highest ranking tax officer of the region or an authorised person to be appointed by the same and one representative each of the province traffic commission and the chamber of commerce will be the members of this committee.



The owners of the vehicles and tools who are not satisfied with the amount to be paid have the right to file a suit.
The assistance of experts may be requested to this end if necessary.

SECTION FIVE
The Financial Provisions
Injury, Disability and Death as a Result of the Duty
ARTICLE 12. – The provisions of the Code on Payment of Pecuniary Compensation and Monthly Wage dated 3.11.1980 with the number 2330 will be applied to the public servants and persons who are not public servants injured or disabled and the legal heirs of those persons who have died while carrying out the work related to determining, transporting, examining, preserving or rendering harmless of the explosives and dubious substances, provided that it can be officially documented that the authorised bodies gave these persons the mentioned duty. The rights of these persons indicated in other codes are reserved.
The related institutions will have the persons who are injured, disabled or of whom the health is jeopardised, treated both in the country and abroad, if necessary.
The Reward
ARTICLE 13. –The persons, who have seen and found the explosives and dubious substances, after they have determined the exact position and have placed the necessary warning signals and notified the related institutions, will be rewarded upon the proposal of the Headquarters of the General Staff from the budget of the Ministry of Defence by taking into consideration the benefit provided for the homeland defence with the help of the technical intelligence regarding this explosive or dubious substance, whereby the reward cannot exceed the highest monthly wage (including the additional indicator) of the public servants indicated in the Code on the Wages of the Public Servants dated 14.7.1965 with the number 657.
The Expenses
ARTICLE 14. – All kinds of expenses, the fees, travel funds and compensation to be paid for the determination, transport, destruction, rendering harmless or examination of the explosive or the dubious substance will be paid from the budget of the Ministry of Defence and Interior Ministry.
SECTION SIX
The Penalties
ARTICLE 15. – The persons, who refrain without an acceptable reason from giving the vehicles and tools that are needed to be used for the purpose of the examination or rendering harmless of the explosives and dubious substances will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The public institutions and bodies have the obligation to give the vehicles and tools belonging to them on demand to the related persons. The public servant, who refrains from fulfilling this obligation, even if the act constitutes another offence, will be punished with the proposal of the commander of the military unit or the chief of the authorised team attached to the Interior Ministry by the highest ranking administrative officer of the region with a pecuniary penalty in the amount obtained by multiplying the wage coefficient indicated every year in the Budget Code with 5000.
The persons, who do not notify the related authorities of the explosives and dubious substances in the scope of this code, although they have seen them, will be punished with the decision of the highest ranking administrative authority with a pecuniary penalty in the amount that will be obtained by multiplying the wage coefficient indicated every year in the budget code with 5000.
The decisions regarding the penalties will be served with the related persons in accordance with the provisions of the Code on Notices dated 11.2.1959 with the number 7201. Objection can be filed within 7 days against these penalties with the authorised court. The objection will not stop the execution of the penalty. The decision made as a result of the objection is final. The objection will be dealt with within the shortest period by examining on the documents if there is no absolute necessity. The pecuniary penalties awarded pursuant to this code will be collected according to the provisions of the Code on the Collection of the Public Receivables number 6183.
SECTION SEVEN
The Miscellaneous Provisions
The provision that is no longer in force
ARTICLE 16. – The Code on the Elimination of the Freely Moving Mines, Explosives and Dubious Substances to Be Seen at Sea and Coasts dated 17.5.1948 with the number 5202 is no longer in force.
The Regulation
ARTICLE 17. – The principles and procedures pertaining to the implementation of this Code will be arranged with a regulation to be prepared by the Ministry of National Defence within 6 months of the effective date of this Code after the opinion of the Interior Ministry and the Undersecretariat of Maritime Affairs.
ARTICLE 18. – This Code will be in force as of the date of its publishing.
ARTICLE 18. – The provisions of this Code will be implemented by the Council of Ministers.
5  Turkish law forums / TURKISH MARITIME LAW / Law On The Protection Of Life And Property At Sea - Law no: 4922 on: September 15, 2010, 02:29:21 AM
LAW ON THE PROTECTION OF LIFE AND PROPERTY AT SEA

Number of the Law      : 4922
Date of Adoption      : 10/6/1946
Published in the Official Gazette   : Dated : 14/6/1946   Number : 6333
Published in the Law Collection    : Series : 3      Volume : 27      

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* *
For the rules related with this law, please see the numeric index of the “Complete Rules” arranged according to the laws
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SECTION ONE
Tariffs and technical characteristics of commercial vessels

Article 1 - For the implementation of this law:
A) "Vessel" means any vehicle able to navigate at sea except for craft under oars, regardless of its name, tonnage and purpose of use;
B) "Commercial vessel" means any vessel operated at sea for profit;
C) "Passenger vessel" means any commercial vessel carrying more than twelve passengers;
D) “Passenger” means any person other than the captain and other seamen, the spouse, children and servants of the ship owner and the ship operator, the personnel designated by the ship owner and the ship operator, the representatives and clerks of the ship owner and the ship operator, the shepherds of the livestock carried and the persons who have been admitted to the vessel for life saving purposes at sea, who are carried with or without freight cost
.

Article 2 - (Amended : 4/7/1988 - Statutory Decree - Art. 336/1 ; Adopted without amendment : 7/2/1990 - Art. 3612/22)
A commercial vessel which is determined upon the opinion of the Ministry of Transportat and other related agencies as not capable of bearing the normal risks of voyage in terms of :
A) Her main components and parts such as the hull, general equipment, engine, boiler, etc.,
B) Loading conditions,
C) Sufficient fuel and supplies,
D) Sufficient number and qualifications of the seamen
shall not be considered to be seaworthy and shall not be allowed to sail.



Article 3 - Commercial vessels shall be inspected at least once  a year with respect to the conditions of the hull, engine, boiler, general equipment, life saving equipment, fire protection and fire fighting equipment and other equipment which they must posses pursuant to their  statute, for the duties they are assigned and the voyages they make. However, underwater inspections of  commercial vessels other than passenger vessels may be performed in every two years.

Article 4 - Commercials vessels which are found to be compatible with their statutes upon inspection shall be issued “seaworthiness certificate” for a definite term. The commercial vessels which do not have the said certificate or certificates  which have expired shall not be allowed to navigate and the certificates of  vessels which  no longer meet the conditions laid down in the related statutes shall be cancelled.
   A commercial vessel whose seaworthiness certificate expires during her voyage shall be obliged to return to the port where she would be inspected upon completion of the voyage in the event that the voyage ends in a Turkish port. Such a commercial vessel may perform commercial transactions as if she holds a seaworthiness certificate until she reaches the port of inspection.
   A commercial vessel which ceases to be compatible with the  related statute during the term of the certificate, for any reason, may call at the nearest port for repair without any further commercial transaction.

Article 5 - (Amended : 5/5/1981 - Art. 2459/1)
 Vessels with valid certificates issued by national or international classification societies shall be granted seaworthiness certificates for the duration and task stated in the certificates without a separate inspection. However, the parts excluded from inspection by the rules of such societies shall be inspected pursuant to the provisions hereof.

Article 6 - All commercial vessels which have seaworthiness certificates and which would  at sea beyond port boundaries shall be inspected before travel, in terms of life-saving, fire-fighting, fire protection and navigation equipment, seamen, supplies and fuel, number of passengers, type of the cargo, stacking and loading mark and any commercial vessels which do not comply with the statute shall not be permitted to navigate.
    Commercial vessels, which operate within the boundaries of the port, shall be inspected time from time to time in accordance to the provisions of this article.

Article 7 - The tonnages of the commercial vessels to be used as basis of collection of various charges and fees shall be measured pursuant to the statute.





SECTION TWO
Safety of Navigation at Sea

Article 8 - The lights and signs to be carried and exhibited, sonar fog and maneuver signs to be given and the navigation and operation rules to be observed by Turkish vessels and the foreign vessels navigating at Turkish ports and territorial waters and the signs they would make to ask help in case of danger shall be indicated in the rules.
Every Turkish vessel shall have a copy of “Statute for the Prevention of Collision at Sea.” This statute which will be distributed to the vessels free of charge is considered as one of the main documents of the vessels.

Article 9 - In case of fatalities and damage of property caused by non-compliance with the Statute for the Prevention of Collision at Sea, the captain who was on shift during the accident or the officer on duty according to the relevant legislation shall be held liable unless it is determined by the court that the circumstances had required a deviation from the rules.

Article 10 - Captains of colliding vessels shall provide every assistance to prevent or mitigate any damage to the vessels and passengers caused by collision, without endangering their own vessels, crew and passengers. Thus, captains of colliding vessels shall keep their vessel at the site of incidence until they are convinced that they do not need each other’s assistance.
    Captains of colliding vessels shall notify the captains of other vessels, of the title of their vessels, identification sign and the names of the ports of berthing, origin and destination before they resume journey, without endangering their vessels, crew and passengers, if possible.
   Captains of colliding vessels, if possible, shall record the causes and circumstances of the incidence in their ship logs just after the incidence. This entry in the ship log shall be jointly undersigned by the captain, first mate and one of the crew  members.

Article 11 - The location of the loading (free-board) marking to be placed along two sides and under the deck lines according to the fresh and saline water regions, seasons and timber loads of the commercial vessels carrying passengers or commodities shall be determined in accordance with the statute.
   Commercial vessels without loading markings shall not be allowed to carry passengers or cargo, and commercial vessels that are loaded in excess of the loading lines in their markings shall not be allowed to navigate.
   Commercial vessels under 150 gross tons may be excluded from the scope of  the provisions of this article depending on the maritime zone they navigate and the jobs they perform.

Article 12 - The following substances are deemed as “dangerous goods”  according to this law :
A) Substances which are dangerous in terms of explosion :
1 - Explosives, especially shooting materials;
(substances which are not suitable for assault and shooting purposes, which can not be exploded by flame and which are not more sensitive to friction than dinitrobenzol shall not be considered as explosives).
2 - Ammunition,
3 - Ignition materials, fireworks and similar substances,
4 - Compressed or liquidified gases,
5 - Substances which burn or emit gases that facilitate combustion upon contact with water,
B) Self-flammable substances,
C) Flammable liquids and easily flammable solids,
D) Poisonous substances,
E) Burning substances,
F) Other substances which are similar to those listed above in terms of their physical or chemical properties,
G) Cargoes which are dangerous for stowing, such as livestock, timber and grains.   
   The transportation of aforementioned goods by commercial vessels shall be performed in accordance with the relevant statute.

Article 13 - (Amended : 29/6/1956-6763/43-a)
   Every captain who is obliged to obtain a maritime report from a court with jurisdiction, pursuant to articles 982 and 984 of Turkish Commercial Code shall submit a certified copy of such report to the port administration at the first port of call with a port administration office.

SECTION THREE
Life Saving at Sea

Article 14 - Every captain is obliged to provide every assistance to people whose lives are in danger he encounters at sea, even if they are enemies, without endangering his own vessels, crew and passengers.

Article 15 - The captain of a vessel that receives a mayday sign from another vessel is obliged to go to the assistance to people in danger as soon as possible. However, in the event that the captain considers such an act impossible or not reasonable or useful due to the prevailing conditions or is exempt from such an obligation pursuant to articles 17 and 18, he may refrain from assistance, but he must notify the captain of the vessel demanding help and must record the reasons thereof in the ship log.

Article 16 - The captain of a vessel in danger shall make as many consultations as possible with the captains who have responded to his call and shall be entitled to ask help from one or several of such vessels which he deems fit and the captain(s) who are called for help shall be obliged to assist the people in danger as soon as possible.

Article 17 - In the event that a captain who receives a mayday sign is informed by the captain(s) of any other vessel(s) responding to the same call that the latter would help the vessel asking for assistance, he shall be released of the obligation under article 15.

Article 18 - In the event that a captain is informed by the captain of another vessel which has come to the assistance of the people in danger that his help is no longer required, he shall be released of the obligation under article 15 and if he has not been asked for assistance, he shall be released of the obligation under article 16.

Article 19 - Every captain who is aware of any dangerous iceberg, tropic storms, winds of 10 Beufort or over or any other hazards that endanger the safety of the journey shall notify the same to all vessels nearby and the authorities at the first coastal point that he can communicate, by using all means of communication and in accordance with the relevant rules.

SECTION FOUR
Penal Provisions

Article 20 - The private ship owner who operates and the captain who directs a commercial vessel :
A) which is not permitted to navigate,
B) which has not been granted a seaworthiness certificate,
C) with a certificate  which has been cancelled,
D) with a certificate  which has  expired
shall be sentenced to imprisonment for three months to one year. In addition, the ship owner shall be sentenced to a fine of TL 100 to TL 1000. The sentence shall be doubled in case of repetition of the offense.

Article 21 - A captain who carries passengers with a commercial vessel not allowed to carry passengers or who navigates with a load exceeding the loading limit lines on the loading mark referred to in article 11 hereof shall be sentenced to imprisonment for one month to three months and shall be prohibited from working at sea for a period of six months to one year.

   Those who modify the location of the loading mark shall be sentenced to imprisonment for three months to six months.

   Having obeyed the illegal orders of the ship owner does not release the captain of responsibility.
Article 22 - Those who do not comply with the provisions concerning the transportation of dangerous goods listed in article 12 shall be sentenced to a fine of TL 50 to TL 250.

Article 23 - Those who fail to duly utilize help signs indicated in the statue and who violate paragraphs 2 and 3 of article 10 of this law and articles 13 and 20 of this law shall be sentenced to a fine of TL 50 to TL 250.

Article 24 - Captains who violate paragraph 1 of article 10, article 14, paragraph 1 of article 15 and article 16 of the this law shall be prohibited from working at sea for a period of three months to six months or shall be sentenced to imprisonment for one month to three months. Both penalties shall be applied in serious cases.

Article 25 - In case of collisions between war ships or auxiliary ships of the Turkish navy and Turkish commercial vessels, Military Courts Procedure Law and Military Penal Law shall be applied in legal actions against military personnel

SECTION FIVE
Miscellaneous Provisions

Article 26 - Article 8 hereof shall be applied to war ships or auxiliary ships of the Turkish navy and the provisions of articles 6, 8, 9, 11 and 12 hereof shall be applied to foreign vessels calling or departing from Turkish ports and navigating in Turkish territorial waters.

Article 27 - (Amended : 29/6/1956 - Art. 6763/43-b)
The provisions of sections of “Collision” and “Rescue and Help”  of the Turkish Commercial Law on maritime accidents and the provisions of paragraph 9 article 15 of the Municipalities Law and the provisions of the Public Health Law on sanitary inspection of the vessels are reserved.

Article 28 - Articles 9 and 10 of Maritime Lines Operating Law No. 2239 and the “Rules for Prevention of Collision at Sea” dated April 22, 1301 are repealed.

   Provisional Article 1- The statutes referred to herein shall enter into force within maximum one year after the effective date hereof and the current legislation shall be applicable until that date.

Article 29 - This law shall enter into force on the date of its promulgation.

Article 30 - This law shall be executed by the Council of Ministers.






LIST OF THE LAWS AND PROVISIONS REPEALED BY THE LEGISLATION MAKING AMENDMENTS IN AND ADDITIONS TO THE LAW NO 4922
                           
Repealed Legislation
       
     Repealed Laws or Provisions
Of Laws               Date        No       Article
-------------------------------------------    ------------    ---------        ----------   
Articles 9 and 10 of Maritime Lines
Operating Law           10/6/194        4922           28
No 2239    

Article 291 of Civil Courts
Procedure Law         4/7/1956        6763           47


THE LIST OF EFFECTIVE DATES OF THE LEGISLATION MAKING AMENDMENTS IN AND ADDITIONS TO THE LAW NO. 4922

Law No                                                                                                                                  Articles with different effective dates      Effective date
-------------    --------------------------------------------       -------------
6763            ---             1/1/1957
2459            ---             8/5/1981
KHK/336            ---              5/8/1988
6  Turkish law forums / TURKISH MARITIME LAW / Law on Improvement of Maritime Trade Fleet & Promotion of Ship Building Facility on: September 15, 2010, 02:26:47 AM
PRIME MINISTRY-UNDERSECRETARIAT FOR MARITIME AFFAIRS

LAW ON IMPROVEMENT OF MARITIME TRADE FLEET AND PROMOTION OF SHIP BUILDING FACILITIES
 
          Law No                   : 2581
          Adopted on         : 14/1/1982
          Published in the Official Gazette Dated 21/1/1982   Numbered: 17581
           Code of Publication        : Order: 5  Volume: 21  Page: 166
 
   Article 1 - Ships, which are either purchased from abroad as constructed or readymade and ships (including floating docks) built, modified or repaired in Turkey as well as machinery, equipment and fixtures used in the equipping and navigation of such ships as well as machinery, equipment and fixtures used in construction, modification, expansion and repairs of ship production facilities shall be exempt from customs duties and other taxes and levies (including stamp tax), provided that competent authorities agree thereto. (1)
             Repealed provisions:
             Article 2 – Law No. 3339 dated 21/3/1938 shall be repealed.
             Entry into force:
             Article 3 – This Law shall enter into force on the date of its publication.
             Enforcement:
             Article 4 – This Law shall be enforced by the Council of Ministers.
 
 
 
 
 
 
 
 
 
 
 
 
——————————
(1)    Any provisions for exemption from taxes, duties and levies charged during importation has been repealed by Article 1 of the Law No. 3283 dated 6/5/1986.
7  Turkish law forums / TURKISH MARITIME LAW / Law On The Food Allowance For The Navy Personnel - Law no: 2852 on: September 15, 2010, 02:24:26 AM
LAW ON THE FOOD ALLOWANCE FOR THE NAVY PERSONNEL

Law No               : 2852
Date of Acceptance            : 27/11/1935
Date of Publication in the Official Gazette   : 03/12/1935
Number of the Official Gazette      : 3172

Article 1 – (Amended Article: 26/06/1973-1777/Art. 1)

The food allowance of the officers and non-commissioned officers assigned for ships of the Turkish Armed Forces, listed below, shall be paid in addition to the monthly salary. The payments related with the 12th month shall be made at the end of this month.

Navy Commander: 300
Fleet Commanders, equivalent afloat unit commanders and navy command chief of staff : 250
Division commanders and unit commanders, fleet and division command Chief Engineers: 200
Ship commanders and ship Chief Engineers: 175
Officers: 150
Non-commissioned officers: 100

Article 2- Those assigned as deputies due to inappropriateness of the rank shall be paid the food allowances mentioned in article one.

Article 3- (Amended article: 26/06/1973-1777/Art. 1)

No food allowances shall be paid for periods during which the ships are under factory or dock maintenance.

Article 4- (Repealed:26/06/1973-1777/Art.2)
Article 5- (Repealed:26/06/1973-1777/Art.2)
Article 6- (Repealed:26/06/1973-1777/Art.2)
Article 7- (Repealed:26/06/1973-1777/Art.2)

Article 8- No food allowance shall be paid for any reason to those not actually existed in the ship.

Article 9- (Amended article:26/06/1973-1777/Art.1)

The food allowance shall be paid in double for the period the ships stay in the harbors of the foreign countries.

Article 10- The course food allowance shall be paid during the courses.

Article 11- No food allowances from two sources shall be paid. Payment shall be made for the higher amount.

Article 12- Food allowance for those in another ship for maneuvers and any exercise, shall be paid in the amount allocated for their post, and if not available, the food allowance allocated for ship officers shall be given. (The second sentence has been repealed: 26/06/1973-1777/Art.2).

Article 13- No food allowance shall be paid to those assigned with duties in ships and in courses shall not be paid the travel or residence.

Article 14- (Amended article:26/06/1973-1777/Art.1)

There shall be no deductions on the food allowance as it is exempt from any tax.

Article 15- The law No 659 and the related law No 2022 has been repealed.

Article 16- The method for the implementation of this Law shall be defined by a regulation.

Article 17- This law shall come into effect by the start of the month following the date of its publication.

Article 18- (Amended article:26/06/1973-1777/Art.1)

This Law shall be executed by the Ministry of Defense, Ministry of Interior and Ministry of Finance.

Provisional Article-1
Non-commissioned officers, who are still working in the warships and auxiliary ships, to be eliminated shall be paid the food allowance allocated for the sixth class and lower military civilian officers until the date they are eliminated.
8  Turkish law forums / TURKISH ACCIDENT AND INJURY LAW / The Environment Code - Law no: 2872 on: September 15, 2010, 02:21:08 AM
THE ENVIRONMENT CODE

LAW NO      :   2872
DATE PASSED   :   9.8.1983
PROMULGATION   :   Official Gazette no. 18132, 11.8.1983

The Pollution Prohibition

ARTICLE 8 : It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in a way directly or indirectly in contradiction with the standards and methods specified in the pertinent regulations, or to engage in similar activities.

In situations where there is a possibility of pollution, the parties involved are required to prevent that pollution; in situations where pollution is created; the polluter is required to take the measures necessary to stop the pollution or to eliminate or reduce its effects.

Fines on Ships

ARTICLE 22 : The following fines shall be imposed on ships and marine craft which infringe the pollution prohibition contained in paragraph 1 of Article 8 of this Law along any of Turkey's coasts, or in her territorial waters including the Sea of Marmara, the Bosphorus and the Dardanelles, or in her ports and harbours or in her natural and man-made lakes:

a) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On tankers that dump ballast, five million liras on those up to 1000 (inclusive) gross tons, ten million liras on those between 1000 and 5000 (inclusive) gross tons and fifty million liras on those over 5000 gross tons.

b) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On other ships, tankers included, which dump any kind of discharge or waste or which discharge bilge water, five million liras on those between 18 (inclusive) and 1000 (inclusive) gross tons, and ten million liras on those over 1000 gross tons;

c) (Amended on 4 June 1986 by Article 4 of Law no. 3301) On ships up to 18 (exclusive) gross tons and on other marine craft not conforming to the definition of a ship (excluding exhaust pollution caused by motorboats with two-stroke outboard motors operating on a mixture of gasoline and oil), which pollute the sea or discharge bilge water, three hundred thousand liras.

Repeated Violations

ARTICLE 23 : If the acts specified in Articles 20, 21 and 22 of this Law are repeated, the fines shall be doubled.

Authority regarding Fines Administrative in Nature

ARTICLE 24 : (Amended on 4 June 1986 by Article 5 of Law no. 3301) The fines specified in the above Articles shall be imposed directly by the highest official of the local administration. Those fines shall be collected by the office of finance in accordance with the provisions of Law no. 6183 Concerning the Procedure for Collecting Public Debts. However, the fines specified in Article 22;

a) Shall be imposed by the Mayors of the Large Municipalities in  the lakes, rivers, shores, straits, harbors and bays that lie within the boundaries of the Large Municipalities. Ships and other marine craft which are unable to provide guarantees or surety on this point, shall be prohibited from operating.

If the fine is not paid, it shall be collected in accordance with the Provisions of Law no. 6183 Concerning the Procedure for Collecting Public Debts.

The fines imposed by Large Municipalities shall be collected in return for a receipt and deposited with the highest financial office of the district. 20 % of the fine so deposited shall be transferred to the Municipality and 80 % to Environmental Pollution Prevention Fund. Up to 50%  of the sum transferred to this Fund shall be used for the improvement of environmental health with the approval of the Ministry of Health and Social Welfare.

b) Outside the boundaries of the Large Municipalities, fines shall be collected directly by the commanders of Coast Guard boats. Ships and other marine craft which do not pay the fine immediately and in a lump sum shall be taken to the nearest and most convenient port and turned over to the prosecutor, and the provision specified in paragraph (a) above shall be applied in reference to them.

In the case of seagoing vessels which are not self-propelled, a report of the situation shall be made in writing and submitted to the prosecutor of the nearest coastal provincial or sub-provincial center.

c) In the case of pollution in areas outside the boundaries of the Large Municipalities, or pollution of seas, harbors, rivers, and lakes, the civil authorities shall be authorized to impose fines.

Such fines shall be collected in return for a receipt and deposited with the highest financial office of the district.

The principle to be followed in the determination of fault in the case of fines imposed in ships and marine craft, the methods of imposing such fines, and the form, distribution and control of the receipts to be used in implementing the fines shall be made explicit in special regulations.

Objections to Fines Administrative in Nature

ARTICLE 25 : Objection to administrative fines may be made to the authorized administrative court within a maximum of seven days from the date of issue of the fine.

An objection shall not block the execution of the penalty.

Unless there is a necessity to do otherwise, an objection shall be handled in document form in the shortest time possible.

Fines imposed over objections shall be final.

Polluter's Responsibility

ARTICLE 28 : (Amended on 3 March 1988 by Article 88 of Law no. 3416) Polluters of the environment and those who cause damage to the environment are responsible, regardless of degree of fault, for the damage arising from the pollution and destruction they cause.

The polluter shall be required to pay compensation for the resulting damage according to the general provisions.
9  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Act On The Procedures For Appointment In Ministries And Affiliated Organizations on: September 15, 2010, 02:13:34 AM
ACT ON THE PROCEDURES FOR APPOINTMENT IN MINISTRIES AND AFFILIATED ORGANIZATIONS

Act No   : 2451
Adopted on   : 23/04/1981
Date of Official Gazette    :25/04/1981
Official Gazette Number   : 17321
Article 1 – Appointments and transfers within prime ministry and other ministries as well as the organizations affiliated thereto shall be governed by the procedures laid down in this Act, with no regard to the existence of any organizational law.
As regards Turkish Armed Forces (including the Gendarme Command) and the Ministry of National Defense as well as other public institutions not subject to paragraph one, provisions on appointment and transfer set out in their private legislation shall remain applicable.
Article 2 – Appointments to the duties holding the titles indicated in schedule (1) annexed to this Act shall be made upon a Council of Ministers resolution, and appointments to those indicated in the schedule (2) shall be made upon a joint resolution.
Appointments and dismissal of them shall be made in accordance with the same procedure.
Where delays are considered conducive to problems, the Minister of Foreign Affairs may appoint diplomats to permanent duties and transfer them from the foreign organization to the center, from the center to the foreign organization and from one country to the other in the foreign organization, provided that s/he obtains the verbal consent of the Prime Minister and the President. The decree concerning them shall be forthwith sent to the Prime Ministry. 
Article 3 – For appointments and transfers to offices and duties holding titles not included in the schedules annexed to this Act, provisions in the organizational legislation or private legislation of the organizations falling under the scope of this Act shall remain applicable. However, those who are foreseen to be appointed through a Council of Ministers resolution prior to the entry into force of this Act shall be appointed upon a joint resolution, and those who are foreseen to be appointed upon a joint resolution shall be appointed upon the approval of the Minister.
Ministers may assign their power to appointment to lower ranks in accordance with the rules to be laid down in the regulations to be issued to this effect.
Article 4 – Appointments to permanent foreign missions of ministries shall be made upon a joint resolution. Joint resolutions of other ministries shall include the signature of the Minister of Foreign Affairs together with the relevant minister.
Article 5 – The provisions in the organizational laws and private laws of the organizations falling under the scope of this Act, which regard notification, election, consultation and appointment qualifications, shall remain without prejudice.
Article 6 ­– This Act shall enter into force on the date of its publication.
Article 7 – This Act shall be enforced by the Council of Ministers.
Supplementary Article 1 – (Supplementary article: 25/07/1996 – 4158 / Art.1)
If the Council of Ministers is composed of more than one political party, the joint resolution to be taken under this Act shall also be signed by the Deputy Prime Minister, who is a member to the other ruling party that has the greatest number of deputies in the Parliament, apart from the Prime Minister.
The above paragraph shall also apply to appointments, transfers and dismissals envisaged to be made upon the signature of the Prime Ministry under other laws.
Provisional Article 1 – Those who are still holding the seat of “Chief Assistant” shall continue to serve under this title. Appointments to vacant chief assistant seats shall be made under the title of “Assistant”.

Schedule 1
Governors;
Embassies, Permanent Representatives, Permanent Delegates;
President of Religious Affairs and Members of the Higher Board of Religion;
Chairman and members of the Higher Board of Supervision;
Schedule 2
The Undersecretary and his/her assistants (including Secretary General for the Ministry of Foreign Affairs and his/her Assistants);
Director General and his/her Assistants (including Secretary General for Foreign Trade of Ministry of Trade and his/her Assistant, Director General of the Treasury, and Secretary General of the Organization for International Economic Cooperation and his/her Assistant, President and Vice-President of Civil Defense Administration of the Ministry of Internal Affairs),
Secretary General and of the State Planning Organization and Head of Departments, Planning Expert of the State Planning Organization,
- The Scientific and Technical Research Council of Turkey and its Secretary General,
- Chairman and Members of the Administrative Assembly of Directorate General for Foundations,
- President of State Statistics Institute,
- President of State Personnel Affairs
- Secretary General of Nuclear Energy Commission,
- Chairmen and Members of Boards in Ministries,
Ministry Inspectors (including Accounting Experts of Ministry of Finance and Certified Auditors of Banks) and Labor Inspectors of the Ministry of Labor and Social Security
- Ministry Consultants,
- First Legal Consultant,
- Heads of Departments within the Ministry,
- Branch Chiefs of Provincial Administrations,
- Regional Directors and Chief Directors,
Deputy Governor, District Governor, Provincial Director for Legal Affairs, President of the Police Academy, Provincial Director of Security Forces, (...)
10  Turkish law forums / TURKISH MARITIME LAW / The Code On Sea Labor - Law no:854 on: September 15, 2010, 02:07:39 AM
THE CODE ON SEA LABOR


Number of the Code      : 854
Passed on         : 20/4/1967
Published in
the Official Gazette      : Date: 29.04.1967 : Number: 12586
Published in collection      : Compilation: 5, Volume: 6, Page: 1849

The Scope of the Code:

Article 1 – This Code will be applied to the seamen who work under contract in the ships carrying the Turkish flag and sailing on the seas, lakes and rivers and weighing 100 gross tons and over and to the employers of the seamen.
In the case that the total weight of the ships belonging to the same employer is 100 tons or in excess of this weight or if the total number of the seamen working for the same employer is 5 or more, the provision in the paragraph will be applied.

The vessels such as boats, barges, flat-bottomed boats, small lighters will also be considered as ships.

The Council of Ministers is authorized, with respect to the economical and social requirements, to apply the provisions of this Code fully or partially to the vessels that are not included in the scope of the vehicles as well as the seamen and their employers stipulated above.

The objections that could be filed as a result of the inclusion of the above mentioned vehicles in the scope of this Code will be settled subject to the examination carried out by the Ministry of Labor. These objections will not inhibit the execution of this Code. 

The definition of the employer, seaman, captain and representative of the employer:

Article 2 – With respect to the execution of this Code;

A)The owner of the ship or the person operating a ship that does not belong to him/her in his/her name will be called the “employer”,
B)The captain, officer and the sailors as well as the other persons working in the ship under a labour contract will be called “seaman”,
C)The person who commands and conducts the ship or the person representing the commander when the commander cannot perform his duty due to compelling reasons will be called the “captain”,
D)The person authorized to act in the name of the captain or the employer will be called the “representative of the employer”.
The employer is directly responsible for the treatment by and the obligations of the representative of the employer vis-à-vis the seamen.

The provisions that are maintained:

Article 3 – The provisions in the fourth book of the Turkish Trade Law on the sea trade pertaining to the relationship between the captain and the employer maintain their validity.

The foreign seamen:

Article 4 – The provisions of this Code will be applied to the seamen who work on the ships that are included in the scope of this Code and are the citizens of the countries, which according to the principle of reciprocity grant the rights of the same nature to the Turkish seamen.

The contract in writing:

Article 5 – The labour contract will be executed in written form in two copies between the employer or the representative of the employer and the seaman and each of the parties receives one copy.

The form of the contract in writing:

Article 6 – The following issues must be addressed in the contracts in written form executed according to this Code:

1.The name and the surname of the employer as well as the address of the residence,
2.The name, surname, date and place of birth, the registration number and the address of the residence of the seaman
3.The name, registration number, gross weight of the ship and the registration office where the ship is registered (In the case that there is the possibility for the seaman to work on various ships of the same employer, this will be mentioned in the labour contract).
4.The date and place of the contract,
5.The task to be performed by the seaman,
6.The date and place for the seaman to start working,
7.It must be specified whether or not the labour contract covers a certain period and length of the period if the contract covers a certain period and the voyage must be specified if the contract covers a certain voyage,
8.The basis, on which the wage is founded and the amount of the wage,
9.The time and place of the payment of the wage
10.The conditions of the advance payment
11.The other conditions of work
12.The summary of the contract approved by the Code dated 25.5.1959 with the number 7292 for the labour contracts to be concluded with the tirimciler and stokers

The contracted executed for a certain period or voyage:

Article 7 – The labour contract can be executed for a certain period or voyage or for an indefinite period

I – The labour contract executed for a certain period will be terminated at the end of this period. In the case that the labour contract ends during a voyage, the contract will be maintained until the ship embarks on the first port and is secured.

II – The labour contract executed for a certain voyage will end after the ship has unloaded the cargo upon arrival at the port following the voyage indicated in the contract.

Extension of the period of the contract:

Article 8 – In the case that the seaman continues to work with the consent of the employer or the representative of the employer after the end of the labour contract executed for a certain period and the ship starts with a new voyage, the labour contract will be deemed to have been extended for the period of this voyage.
In the case that the seaman continues to work with the consent of the employer or the representative of the employer after the end of the labour contract, the labour contract will be deemed to have been prolonged.

The exemption from levy and duty:

Article 9 – The labour contracts executed between the seaman and the employer or the representative of the employer is exempt from all kinds of levy and duty.

The probation period:

Article 10 – The maximum probation period for the labour contracts with an indefinite period will be 1 month. The parties to the contract can terminate the contract without notice period and indemnification or severance pay during this period. However, the right of fee for the working days of the seaman is preserved.

The work and identification card:

Article 11 – The employer or the representative of the employer has the obligation to give a work and identification card within 15 days to every seaman who has been recruited. The mentioned 15-day period for the seamen subject to a probation period starts with the end of the probation period.
This card will be issued as a standard type and given against payment to the employers only by the Labor and Labourer Recruitment Institution.

The work card:

Article 12 -

A document indicating the art and period of the job will be given by the employer or the representative of the employer to the seaman who quits his job. The status and the behaviour of the seaman as well as how he has worked will be written in this document if the seaman wishes to have it that way. The signature of the employer or the representative of the employer will be certified by the harbourmaster of the port of registration upon the request of the seaman.
The provision related to the certification mentioned above will not be applied to the documents given to the seamen quitting the job on the ships that are attached to the administrations giving public service or the associations serving public interest.

In the case that the employer or the representative of the employer insists on refraining from giving the document requested by the seaman or writes anything about the seaman that does not conform to the truth, a document prepared following an examination carried out by the harbourmaster of the registration port will be given to the seaman or the new employer upon the request of the seaman or the new employer. This examination must be completed within one week.

In the case that authorised persons refrain from giving such document to a seaman who has quit his job on a ship attached to administrations giving public service or anything that does not reflect the truth will be written on the document, an application for the necessary examination to be carried out will be filed with the office that is in charge with regard to the ship.

The seaman harmed by the delay in giving the document or because of untrue statements on the document or the new employer who has recruited the seaman may request indemnification.

These documents are exempt from all kinds of duty and levy.

Recruiting disabled persons or former convicts:

Article 13 – The employers or the representatives of the employers within the scope of this Code have the obligation to recruit seaman who are disabled and former convicts pursuant to the provisions, principles, measurements and conditions laid down in the Labor Code and the regulation related to this code.

Termination ad dissolution without notice:

Article 14 – The labour contract with an indefinite or without a certain period or based on voyage can be terminated:

I – by the employer or the representative of the employer if:
a)the seaman returns to ship at any port but does not start to work or does not return to the ship at all,
b)it will be impossible for the seaman to work on the ship due to arrest, imprisonment or prohibition of work on the ship,
c)the seaman acts vis-à-vis the employer or the representative of the employer in violation of the laws, the labour contracts and other work and labour conditions,
d)the seaman acts vis-à-vis the employer or the representative of the employer in violation of the maritime rules and practice or acts in contradiction to the ethical and moral rules

II – the seaman if;
a)the salary is not paid according to the provisions of law or the contract
b)the employer or the representative of the seaman violates vis-à-vis the seaman the laws, the labour contract or the other work conditions,
c)the employer or the representative of the employer violates the maritime rules and practice or the moral and ethical rules

III – by the employer, representative of the employer or the seaman if;
a)the voyage of the ship will be delayed or cancelled for a period longer than 30 days
b)the seaman falls for any reason prey to a disease or is disabled which would constitute an obstruction for continuous work on the ship.

IV – The labour contract will be automatically terminated due to the loss and abandonment of the ship, if the ship is declared to be booty of war or in the case that the ship renounces the Turkish flag.

The notice period for using the right of termination:

Article 15 – The right of the employer, representative of the employer or the seaman to terminate the contract mentioned in Article 14 cannot be used following six (6) work days after one of the parties has found out that the other party has acted accordingly and at any rate one year after the act has been carried out.

The party that has terminated the contract within the period of the contract based on such acts is also entitled to file a lawsuit with the request for indemnification.

The notice for cancellation of the contract:

Article 16 – A) Except for the situations indicated in Article 14, the labour contract with indefinite period cannot be cancelled before six months have passed after the date of recruitment of the seaman unless

B) The other party must be notified of the situation before a contract with indefinite period is cancelled.

The labour contract will be deemed to have been cancelled;
a)after two weeks beginning with the date of serving the notification with the other party for a seaman who has worked for six months,
b)after four weeks beginning with the date of serving the notice with the other party for a seaman who has worked between six months and a year and a half,
c)after six weeks beginning with the serving of the notice with the other party for a seaman who has worked between one and a half years and three years,
d)after eight weeks beginning with the date of serving the notice with the other party for the seaman who has worked longer than three years.

D) The notice periods indicated above are the minimum periods, which can be prolonged with a collective labour agreement or with a labour contract.

E) The party not complying with condition of notice will have the obligation to make the payments corresponding to the periods indicated above.

In other situations where the seaman will be sacked due to reasons such as the membership of the union or the filing of a complaint and in case of the abuse of the right of the cancellation of the labour contract, an indemnification sum will be paid that is three times as much as the payments indicated in paragraph “B”.

The parties have the right to request an indemnification apart from the above mentioned.

The commencement of the termination provision:

Article 17 – In case of a termination according to the articles 14 and 16, the date of the termination will be deemed to have been prolonged up to the time when the ship will be secured with the arrival at the designated port and in case of the change of the designated port, at the arrival of the first port, if the ship is on sea.

The notification of the termination:

Article 18 – In case of a termination of the labour contract by the employer or the representative of the employer, the seaman must be notified in writing of such termination together with the reasons. In the case that there is no possibility to notify the seaman, the situation will be recorded with a protocol.

The situation that does not cover the termination:

Article 19 – As long as the ship has the right to carry the Turkish flag, the transfer of the ownership of the ship in part or as a whole to another person does not constitute  a reason for the termination of the labour contract.

The severance pay:

Article 20 – (as amended: 17.10.1980 – article 2319/1)

In case of the termination of the labour contracts of the seaman subject to this Code;

1.by the employer for reasons other than the reasons indicated in paragraph  of the article 14 of this Code,
2.by the seaman according to the paragraphs II and III of this Code
3.as a result of the active army service,
4.with the aim of obtaining a monthly salary of retirement of disability or with the purpose of receiving a lump sum from the social security institution they are linked to

or in case of the end of the contract due to the death of the seaman or as a result of the paragraph 4 of the article 14;

the seaman will be entitled to a severance pay, which will be paid by the employer, amounting to the fee for thirty day of work for each full year from the date of the beginning of the recruitment of the seaman. For periods in excess of one year, a payment at the same rate will be made.

The seniority of the seaman will be calculated by taking into consideration the periods of work by the seaman on one or more ships of the same employer, regardless of whether the labour contract was continued or interrupted from time to time. In case of the transfer of the property of the ship from one employer to another, independent of the art of the transfer, the seniority of the seaman will be calculated by taking into consideration the sum of the work period in the work place or work places.

In case of a transfer or change of ownership in any way of the ship as of 12.7.1975, both employers will be responsible for the severance pay that has accrued. However, the responsibility of the employer who has transferred the work place is limited with the period the seaman has worked at the work place before the transfer and the wage he has received at the time of the transfer. (1)

For the seaman to be able to benefit from the provision in the subparagraph 4 of the paragraph one, the seaman must document that he is entitled to a monthly payment or a lump sum payment and that he has filed an application with the institution he is affiliated with respect to retirement and requested the payment of a monthly amount or a lump sum. It will not be necessary to meet this requirement in case of the death of the seaman.

The severance pay will be paid by the last public institution employer by adding the service periods and taking as the basis the sum of all service periods in all public institutions to the seaman, being subject to the Code on the Retirement Fonds of the Republic of Turkey and the Code on the Social Security or being subject only to the Code on Social Security, who is entitled according to the Code on the Social Security to a monthly payment or a lump sum due to old age retirement or disability by taking into consideration the service period in just one public institution or by adding the service periods in different public institutions.

In the case that the labour contract between the seaman and the above mentioned public institutions had come to an end in such a way that the payment of severance pay was previously not necessary pursuant to this provision, these service periods will not be taken into consideration for the calculation of the severance pay.

However, the amount of this severance pay that will be paid for the period, in which the work of the seaman was subject to the Retirement Fund of the Republic of Turkey, cannot be more than the amount foreseen for the retirement bonus according to the Code on the Retirement Fund of the Republic of Turkey at the beginning date of the monthly payment for the old age or disability retirement.

The term public institutions used in this provision covers the administrations with general, added and special budget as well as the institutions stipulated in the article 4 of the Code number 468.

One than one payment for severance payment or bonus will not be paid for the same service period.

The severance pay will be calculated by taking the last wage as the basis. In the cases where the wage is not fixed as payment for voyage, piece work, in a lump sum or in percentage, the average fee that will be calculated by adding the amount earned in one year and dividing it by the days of work during that period will be taken as the basis for the severance pay.

However, in the case that a wage increase has taken place in the last year, the wage as the basis of the severance pay will be calculated by dividing the wage a seaman has earned between the date the seaman has quit the job and the date of the last wage increase by the number of days the seaman has worked during that period.

In addition to the wage indicated in the first paragraph of the article 29, the amount of money provided to the seaman and the contractual benefits and the benefits resulting from code that can be measured in terms of money will be taken into account for the calculation of the indemnification sum mentioned in the paragraph (D) of the article 16 and the wage that will be taken as the basis for the severance pay mentioned in this article.

The severance pay pertaining to the 20 day period mentioned in this article can be altered in favour of the seaman with the labour contracts and collective labour agreement (as amended: 10.12.1982-art. 2762/2). However, the annual amount determined by using the collective labour agreements and labour contracts cannot exceed the maximum retirement bonus for one service year that will be paid to the highest ranking state employee subject to the Code on the State Employees according to the provisions of the Code on the Retirement Funds of the Republic of Turkey number 5434.

In case of the death of the seaman, the indemnification amount resulting from the provisions mentioned above will be paid to the legal heirs.

The employer cannot use private persons and insurance companies to insure the responsibility resulting from the severance pay.

A funds related to the severance pay will be established by the employer at a bank or an institution established with a code, of which more 50 % of the capital belongs to the State, under the responsibility of the employer and only peculiar to the old age, retirement, disability, death and lump sum payments.

The issues relating to the establishment of the funds will be arranged with a code.

In the case that the labour contract will be terminated according to paragraphs I, II, III and IV of the article 14 by the employer, the representative of the employer or the seaman in a foreign country, the employer or the representative of the employer has the obligation to return the seaman to the registration port of the ship and pay for expenses of the seaman related to returning the seaman such as the transport and food costs, and the unavoidable expenses.

However, if the labour contract has been terminated pursuant to the paragraph 1 or the subparagraphs (a) and (b) of the paragraph II of the article 14, the employer or the representative of the may request the reimbursement of the expenses for returning the seaman to the country from the seaman after he has returned to the country.

The return of the foreign seaman:

Article 22 – The employer or the representative of the employer has the obligation to return the foreign seaman to the port at the residence of the seaman if there is no separate provision in the contract concluded with the foreign seaman.

The obligation to return the seaman within the native country:

Article 23 – In case of the termination of the labour contract in any of the Turkish ports and if there is no contradiction provision in the labour contract, the seaman must be returned to the registration port of the ship within the limits indicated in the article 21 by the employer or the representative of the employer. However, the provision of this article will not be applied if the labour contract will be terminated pursuant to the paragraph 1 one of the article 14.

Non-compliance with the obligation of returning:

Article 24 – In case of non-compliance by the employer or the representative of the employer with the articles 21 and 23, the seaman may request from the employer or the representative of the employer the expenses he has incurred to return to his country and an indemnification amounting to 15 days wage.

The loss of the right of being returned:

Article 25 – In the case that a seaman, who will be dismissed in a foreign country or of whom the labour contract will be terminated in a foreign country, concludes a labour contract with another employer, regardless of this job being related to maritime business or not, the obligation of the former employer or the representative of the employer to return the seaman to his country will be abolished.

In the cases indicated in the articles 21, 22 and 23, if the seaman does not bring forward the request to be returned to his home country within one week after date of dismissal or the date of the termination of the contract, the employer or the representative of the employer cannot be obligated to return the seaman to his home country.

In the case that the situations mentioned in the subparagraph (b) of the paragraph (1) of the article 14 of this Code have to come being as a result of reasons, for which the seaman cannot be held responsible, or there were similar reasons such as sickness for the seaman, the one week period mentioned in the paragraph two of this article will start as of the day these obstacles are eliminated.

Work time:

Article 26 – The work time is generally eight hours per day and 48 hours per week. This length of time will be distributed evenly to the workdays of the week.

The work time is the period the seaman works or is in the shift. The employer or the representative of the employer must set out the shifts, the periods for meals and resting with a schedule and hang this schedule somewhere where the seamen can see it.

The exceptions:

Article 27 – The persons carrying out the following tasks are not subject to the work time stipulated by the provision related to the work time.

1.The first captain in the ships where there are more than one captain or the person representing him as indicated in the paragraph (C) of the article 2 (including the pilots)
2.The chief engineer where there are more than one engineer,
3.The doctor and the health personnel
4.The nurse and infirmary attendants
5.The seamen working on the ship, of which the main function is to rescue life, property and ships
6.The persons working o their own behalf on the ship

Working extra hours:

Article 28 – The work carried out by exceeding the work time laid down in this code will be considered as overtime. The fee to be paid for each extra hour of work cannot be less than the amount calculated by increasing the normal fee per hour by 25 %.

The work carried in the following situations will not be considered as overtime.

1.The tasks considered to be mandatory by the captain for the safety of the persons or the cargo of the ship
2.The additional work to be done as a result of customs, quarantine and other formalities pertaining to health issues,
3.The drills (for fire, abandoning the ship, conflict on sea, rescue of a man and defence) conducted on the ship while at sea or at the port. The employer or the representative of the employer must keep a separate book certified by the notary public for the documentation of extra work hours.

The rate of wage increase applied to the seamen, the days, on which extra work has been carried out and the number of hours and the overtime payment the seamen have earned will be written in this book. The fee for the overtime must be paid in full by the employer or the representative of the employer at the time, place and in the period set out for the payment of the wages.

The wage:

Article 29 – The wage is the amount paid in cash to the seaman by the employer or the representative of the employer for the work he has carried out. The wage must be paid in full at the time, place and in the period as indicated in the labour contract.

The payment period cannot exceed one month.

In case of the end of termination of the labour contract, the employer or the representative of the employer must immediately pay the wage of the seaman in full.

A seaman who refrains from carrying out his tasks without a justifiable reason will be deprived of the wage corresponding to this period by recording the incident in the log book and by preparing a protocol if there is no logbook. The employer is entitled to make a request for indemnification for the harm incurred as a result of this.

Advance payment:

Article 30 – The employer or the representative of the employer has the obligation to make an advance payment upon request pursuant to the provisions of the labour contract.

The wage book:

Article 31 – A wage payment book certified by the notary public will be kept on each ship. However, the wage book can be kept in the office of the employer for the ships working within the ports.

All kinds of payment to be made to the seamen according to the labour contracts must be recorded in these wage books and the records must be documented with a signature and receipt.

Upon request, a certified copy of these records will be given to the seamen. These transactions are exempt from all kinds tax.

The assertion of having made a payment that is not based on documents is not valid.

The guarded part of the wage:

Article 32 – 240 TL of the wage of the seamen cannot be attached or assigned or transferred to another person. However, the amount appreciated by the judge for taking care of the family members is not included in this amount. These constraints does not eliminate the rights of the alimony creditors.

Food supply on behalf of the employer:

Article 33 – It is obligatory to set up a food service on the ships that are subject to this code. The seamen will be supplied with food free of charge from the day they start to work on the ship up to the moment of exit from the service. In cases where the food supply cannot be implemented because of unavoidable reasons, the employer or the representative of the employer will provide some other way of appropriate food supply or will make payments in cash.

There is no obligation to establish a food supply system in the ships, barges, lighters that transport cargo or passengers within the ports, city lines, in the bays, on the lakes and rivers. In such cases, the employer or the representative of the employer will fulfil the requirement of food supply by making payments in cash.

Providing quarters:

Article 34 – Quarters in the ship suited to the rank, number and the size of the ship will be provided free of charge to the seamen for them and their belongings beginning with the day of recruitment up to the end of the recruitment.

Other means of accommodation will be provided by the employer or the representative of the employer if for any compelling reason quarters cannot be provided to the seamen in the ship.

About the quarters and food supply:

Article 33 – (as amended: 4.7.1988 – article KHK-336-1; passed exactly the way it was: art. 7.2.1990-53)

The quartes provided in these ships for accommodation, rest and meals as well as the medicines, medical tools and materials, and the necessary conditions of the infirmary and the amount and the nature of the food stuff to be provided to the seamen, which of these conditions and quality will be considered to be essential and first degree and which will be considered as second degree and what kind of committees will be established with regard to the food stuff and the duty and the powers of these committees will be laid down in a regulation to be drawn up jointly by the Ministry of Labour and Social Security, the Ministry of Health and Social Assistance and the Ministry of Transportation.

In the case that the food stuff to be provided by the employer or the representative of the employer is less than the quantities laid down in the mentioned regulation, the seaman is entitled to request the amount corresponding to the difference and to request the amount for the full price in the case that no food will be provided, to be reimbursed by the employer or the representative of the employer. However, the seaman must notify the employer or the representative of the employer of the captain of the assertion on the day the failure to provide the necessary food stuff and to fulfil the conditions has occurred.

Exception:

Article 36 – The provisions of the regulation mentioned in the articles 36 – 35 will not be applied for;

a)ships that are smaller than 500 grosstons
b)the fishing and similar ships,
c)for tugboats,
d)swimming cranes,

The minimum wage:

Article 37 – The minimum wage for the seamen will be determined pursuant to the related article of the Labour Code.

The wage deduction:

Article 38 – The employer or the representative of the employer cannot impose a penalty as deduction from the wages for reasons other than those indicated in the collective labour agreement and the labour contract.

The seaman must immediately notified of the deductions to be made from the wage. The deductions to be made as penalty cannot exceed three days wage per month.

The other provisions of the Labour Code pertaining to the issue will be applied to the penalties imposed in form of deduction from the wage.

The deduction for the loss:

Article 39 – The amount which the employer or the representative of the employer can detain temporarily for the indemnification in the labour contracts cannot exceed the sum of ten days wage that will be deducted in ten weeks in equal amounts. These deductions as compensation for the indemnification apply to the entire work period and when a part of this has been deducted, deduction can be made in the framework of the same principles.

The deductions for indemnification will be returned in full in cases where the seaman quits working without having caused a loss that would necessitate a deduction. In the case that it is necessary to make a deduction from the amount that has been detained temporarily for indemnification, the employer has the obligation to explain to the seaman upon request according to which principles the deduction has been made and show him the accounts and the invoices and other documents.

Deduction from the amount detained for indemnification can only be made for the loss that has been caused by that particular seaman.

The indemnification deductions will be deposited at a national bank at the latest within three months. The accrued interest together with the other revenues will be paid to the workers at the same as the deductions.

Annual paid vacation:

Article 40 – The seaman who has worked for the same employer or in the same ship within one calendar year or has worked for at least six months based on one or more labour contracts will be entitled to a paid annual vacation.

The vacation period cannot be less than 15 days for the seaman who has worked between six months and one year and less than one month for the seaman who has longer than one year.

The vacation will be at the time considered as appropriate by the employer. This right cannot be waived.

A vacation of one month can be divided into two by mutual consent of the parties, provided that the two parts will be in the same year.
The seaman cannot be forced to spend his vacation time in a foreign port or at any place other than the place where he has concluded the labour contract.

The seaman can ask for 7 days of unpaid leave for travelling related to the paid leave.

In the case that the labour contract of the seaman will be terminated pursuant to the paragraphs II, III and IV of the article 14 before he has had a chance take a paid leave, the employer or the representative of the employer has the obligation to make the payment related to the period of vacation.

Day off in the week:

Article 14 – Longer than six days of work in a week in the ships giving port service and working at the city lines is prohibited. The seamen who have to work on weekend, will have one day off in shifts during the week.

The payment for the day off of the week:

Article 42 – The employer or the representative of the employer will make to the seamen who have worked without interruption during the week before the day off in the ships that are subject to this Code for the day, on which the seamen do not work, a payment in the amount of one day’s wage that is not for a work that is carried out without looking at the art of payment.

Three days of leave for marriage, two days for the death of the mother, father, husband, wife, brother, sister and children that have to be given as well as the other permissions given by the employer that will not amount to more than one week and the resting and sickness leaves given with doctor’s certification will be accounted for as days, on which the seamen have actually worked.

In the case that work will be ceased by the employer or the representative of the employer on one or few days of the week without a compelling and economic reason, the days, on which work has not been carried out, will be counted as the days of the six work days, on which work has been carried out in order to be entitled to a paid non-working day in the week.

In cases where the work on the ship has to be interrupted for a period longer than a week due to compelling reasons, the weekend day during this period will be accounted for as a half day with regard to payment.

The employer or the representative of the employer will pay the seamen working on the ships that undertake short, medium and long voyages one day wage for each week the ship is on voyage without having to fulfil the requirement mentioned above and having to work for it.

The general vacation payment:

Article 43 – The seamen working on the ships included in the scope of this Code will be paid one day’s wage without having to work for it and without looking at the art of payment on the national holy days and on general holidays stipulated in the Code on National Holy Days and General Holidays number 2379 and the Codes number 3466 and 221 that are annexes to the mentioned Code.

The parts that are not included in the holiday payment:

Article 44 – The amounts and bonus earned for overtime and the amounts paid as social help will not be taken into consideration with regard to determining the amounts paid for the national holy days and general holidays.

Temporary unavailability for work:

Article 45 – The payments for the national holy days, the general holidays and the weekends corresponding to the times when temporary unavailability payments must be made to the seamen will be made by the funds and institutions that make payments in the same amount.

The authorised courts entrusted with the duty:

Article 46 – The provisions of the Code number 5521 will be applied to the conflicts between the seamen and the employers or the representatives of the employers arising from this code and the labour contracts.

The lawsuits will be dealt with by the courts that are authorised to handle the labour lawsuits at the registration ports of the ships.

The notices:

Article 47 – The notifications must be in writing and served with the related persons against signature. In the case that the notified person does not sign the notification, the situation will be specified with a protocol. However, the notification within the scope of the Code number 7201 will be carried out pursuant to the provisions of the mentioned code.

The reserved provisions:

Article 48 – The provisions of this code will not prejudice the more beneficial rights and benefits granted by the codes, the collective labour agreement, labour contract and the rights arising from traditions and customs. The obligations assumed by the employer as a result of the implementation of this code will not constitute a justification for the wages and the rights of the seamen to be reduced.

The supervision and inspection:

Article 49 – The necessary supervisions, inspections and monitoring in order to execute the provisions of this code will be carried out by the Ministry of Labour. The provisions of the Labour Code pertaining to the supervision and inspection of the business life and the penalty provisions of the same Code will be applied with respect to these issues.

The penalty provisions:

Article 50 – The Criminal Court of Settlement will impose pecuniary penalties not under 500 TL on those persons;

a)who do not execute a written contract with the seamen pursuant to the article 5 of the code,
b)who does not issue a work and identification card for the seaman pursuant to the article 11 of the code,
c)who does not give the seamen quitting the job a work document pursuant to the article 12 of the code
d)who does not comply with the provisions of the code and the regulation pertaining to the recruiting of disabled seamen and former convicts pursuant to the article 13 of the code

Article 51 – The employer or the representative of the employer who,

a)does not pay the severance pay of the seaman pursuant to the article 20 of the code,
b)who does not pay for overtime pursuant to the article 28 of the code,
c)who does not make the payments in full and due time pursuant to the article 29 of the code,
d)who does not comply with the obligation of providing food and making payments in cash pursuant to the article 33 of the code,
e)who pays less than the minimum payment mentioned in the article 37 of the code

will be punished with a payment not under 100 TL and twice as much as the amount he has not paid or the amount corresponding to the amount of the food stuff he should have provided for each seaman.

II – Pecuniary penalty not under 1000 TL will be imposed on the employer or the representative of the employer
a)who does not comply with the obligation to return the seaman to his country pursuant to the articles 21 and 23,
b)who does not comply with the work periods indicated in the article 26

In the case that the acts stipulated in paragraph 1 are carried out in a foreign country, the penalties to be imposed will not be less than twice.

(Annex: 17.10.1980-art. 2319-2) Imprisonment from 6 months to 2 years and pecuniary penalty between twenty thousand and fifty thousand TL will be imposed on the authorised responsible personnel such as members of the board of directors, general director, institution director, director of the accounting office of the private and public institutions and corporations who, by acting in violation of the provisions of the article 20, give orders and instructions to give severance pays that do not fall within the principles foreseen for the severance pay or by exceeding the amount or the ceiling that was determined related to the severance pay.

Article 52 – A pecuniary penalty not under 2000 TL will be imposed on the employer or the representative of the employer who does not observe quality and the conditions that have been indicated in the regulation mentioned in article 35 of this Code as pertaining to the merits and first degree,

A pecuniary penalty not under 250 TL will be imposed on the employer or the representative of the employer who does not observe the quality and conditions indicated in the same provision as second degree.

Article 53 – A pecuniary penalty not under 500 TL will be imposed on the employer or the representative of the employer,

a)who applies pecuniary penalties to the wages of the seamen that violate the principles indicated in the article 38
b)who makes the deductions for the losses indicated in the article 39 in violation with the mentioned provisions,
c)who does not give annual leave to the seamen pursuant to the article 40
d)who does not give weekly leave to the seamen pursuant to the article 41
e)who does not pay the amount related to the weekly leave pursuant to the article 42
f)who does not pay for the general holidays pursuant to the article 43

The lawsuits related to the offences arising from this code will be dealt with by the authorised courts of settlement at the ports of registration of the ships.

These lawsuits will be considered as urgent suits.

The codes that are no longer in effect:

Article 54 – The code dated 10.3.1954 with the number 6379 and the code dated 25.5.1959 with the number 7283 are no longer in effect.

The regulation:

Article 55 – The provisions of the “Regulation setting out the health, food and residence Conditions of the Seamen” pertaining to the same issues and put into effect by the Decree of the Council of Ministers dated 7.2.1958 with the number 4/9968 passed as based on the article 31 of the Code number 6379 that is no longer in effect as a result of this Code will be applied until the regulation mentioned in the article 35 of this Code is put into effect.

Temporary Article 1 – (This is the unnumbered temporary article of the Code dated 4.7.1975 with the number 1926 and a number has been assigned for concatenation.)

The severance pay will be paid directly by the employer until code pertaining to the funds, which is to be established pursuant to the last paragraph of the article 20, is passed.

The additional temporary article 2 - (This is the unnumbered temporary article of the Code dated 10.12.1982 with the number 2762 and a number has been assigned for concatenation.)

The highest amount of the severance pay to be paid for each year will be determined by adding one fourth of the difference between seventyfive thousand TL (75 000) the amount to be calculated by multiplying the 2500 indicator with the state employee monthly wage coefficient that will be determined with the budget codes to seventyfive thousand TL until the annual ceiling amount of the severance pay and the maximum retirement bonus payment to be paid for one year to the highest ranking state employee pursuant to the Code on the Retirement Funds of the Republic of Turkey with the number 5434 are equalised.

Article 56 – This Code will be in effect as of the publishing date.

Article 57 – The provisions of this Code will be executed by the Council of Ministers.
11  Turkish law forums / TURKISH MARITIME LAW / Act On Guidelines For Response To Emergencies And Compensation Of Losses In Case on: September 15, 2010, 02:04:34 AM
ACT ON GUIDELINES FOR RESPONSE TO EMERGENCIES AND COMPENSATION OF LOSSES IN CASE OF POLLUTION OF THE MARINE ENVIRONMENT FROM OIL AND OTHER HARMFUL SUBSTANCES


Official Gazette   :   11.3.2005 - 25752
   Act No. 5312   Adopted on: 3.3.2005
SECTION ONE
General Provisions
   Purpose
   ARTICLE 1. — The purpose of this Act is, taking into account rights and obligations emanating from international law and the domestic law on ensuring of marine safety and prevention of marine pollution; to establish;
   a) the guidelines for intervention and preparedness to be applied in emergency situations in order to eliminate the risk of pollution stemming from ships and facilities on the shore or to decrease, limit and remove pollution,
   b) the guidelines for the determination and compensation of losses resulting from the incident,
   c) the guidelines for the performance of international obligations,
   d) the powers, duties and responsibilities of the persons covered by the Act and of the authorities defined in the Act of the institutions, organisations, ships and facilities covered by the Act.
   Scope
   ARTICLE 2. — This Act covers the powers, duties and responsibilities of the authorities of the ships in the areas of application or who wish to enter the areas of application for any reason whatsoever, which have a capacity of five hundred gross tons or more, carrying oil or other harmful substances; of the authorities of shore facilities engaged in activities with oil or other harmful substances which might cause pollution; of ministries; and of public institutions and organisations.
   War ships and auxiliary war ships and ships belonging to any state or operated by the state and used for non-commercial activities are not covered by the Act.
   Definitions
   ARTICLE 3. — For the purposes of this Act;
   a) ‘Emergency response team’ shall mean the unit set up, authorised and equipped within the framework of the emergency response plans, in order to implement protective measures or to cause protective measures to be implemented, to prevent pollution or to cause pollution to be prevented, eradicate pollution or cause pollution to be eradicated, to extinguish fire should a fire break out or to cause the fire to be extinguished,
   b) ‘Emergency response plan’ shall mean national, regional or local level plans within the scope of intervention activities, covering organisation, powers, duties and responsibilities, actions to be taken, preparedness, intervention possibilities and capabilities and other issues,
   c) ‘Ministry’ shall mean the Ministry of Environment and Forestry,
   d) ‘Other harmful substances’ shall mean all substances except those listed in Appendices II and III of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) and except for those radioactive substances not limited to the ones which create pollution when mixed with the marine environment,
   e) ‘Guarantor’ shall mean, pursuant to the provisions stipulated in this Act; the person, organisation or state that undertakes liability for the compensation of losses apart from the liable party, on behalf of the liable party and that provides the liability certificate,
   f) ‘Preparedness’ shall mean the state of mobilisation of all the tools, devices, equipment, materials and trained human power able to respond in order to take urgent and effective measures in case of an incident and to minimise the loss that might be caused by the incident,
   g) ‘Shore facility’ shall mean a facility engaged in activities that may cause marine pollution from oil and other harmful substances on the shore or in areas near the shore, including open sea facilities and pipelines,
   h) ‘Pollution’ shall mean the release of oil and other harmful substances to the marine environment in a manner creating harmful effects such as harming living resources and marine life, jeopardising human health, hindering marine activities including fishing and the use of the sea for other legal purposes, altering seawater quality and upsetting the ecological balance, as a result of an incident,
   ı) ‘Protective measure’ shall mean measures taken in order to prevent or limit possible pollution that may occur after an incident,
   j) ‘Incident’ shall mean an event giving rise to pollution or damage or to a threat of pollution or damage emanating from ships or shore facilities due to reasons such as collision, breakage, fire, explosion or other reasons which necessitate implementation of emergency response plans or emergency response,
   k) ‘Response’ shall mean activities undertaken and the implementation of protective measures to decrease, remove, limit the damage which will be caused by pollution from an incident,
   l) ‘Undersecretariat’ shall mean the Undersecretariat for Maritime Affairs,
   m) ‘Oil’ shall mean substances listed in Appendix I of Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78)  and, crude oil, fuel oil, sludge, refined products and all kinds of liquid hydrocarbon compounds which naturally exist under soil, without limiting the generality of the foregoing,
   n) ‘Liable party’ shall mean the owners, operators, masters, administrators, lessees, possessors and guarantors of ships of five hundred gross tons or more carrying oil or other harmful substances and of shore facilities, to whom responsibility can be attributed regarding compensation of the damage and the financing of protective measures,
   o) ‘Claimant’ shall mean real and legal persons making a claim for compensation of a damage pursuant to the provisions of this Act,
   p) ‘Areas of application’ shall mean, for the purposes of implementation of this Act, Turkey’s inland waters, territorial waters, continental shelf and marine jurisdiction areas consisting of her exclusive economic region, and the open sea areas beyond the territorial waters in emergency cases provided for in this Act, limited with the purposes of response to such cases and compensation of losses, depending on the decision to be given after the opinions of the Undersecretariat, the Ministry, the Ministry of Foreign Affairs and other relevant public institutions and organisations,
   r) ‘Damage’ shall mean those losses specified in Article 6 of this Act and the costs for determination and compensation of the loss and for the settlement of disputes,
   s) ‘Innocent passage’ shall mean navigation in Turkish territorial waters for the purposes of travelling over territorial waters without entering Turkish inland waters or without calling at an anchorage or port facility out of inland waters, or in order to reach or leave Turkish inland waters, stop at or leave an achorage or facility outside inland waters
.
SECTION TWO
Powers, Duties and Responsibilities
   Powers, duties and responsibilities of organisations
   ARTICLE 4. — For the purposes of implementation of this Act, the Ministry has the overall coordination duty. The institutions and organisations powered with this Act are obliged to notify the Ministry of the information obtained and operations undertaken within the scope of this Act without delay.
   The powers, duties and responsibilities regarding drawing up of emergency response plans, implementation of emergency response plans in coastal areas, determination of the type and effects of pollution, determination of harms to the environment and rehabilitation of areas affected from pollution after the incident are vested in the Ministry; the executionary powers, duties and responsbilities regarding implementation of emergency response plans for prevention of marine pollution stemming from sea craft, preparedness, response to pollution, compensation of losses and notification of liability guarantees are vested in the Undersecretariat; and the powers, duties and responsibilities regarding public security and police duties are vested in the Coast Guard Command.
   Ensuring of navigational, life, property and environmental safety
   ARTICLE 5. — The responsible parties of all ships and shore facilities within the scope of this Act are obliged to take all measures regarding obligations stipulated by international law and required by navigational, life, property and environmental safety, including preparedness and protective measures, in order to prevent the occurence of the incident, and in cases where the incident has already occured, to mitigate, remedy and limit losses.
   Ships flying a foreign flag which are covered by this Act, carrying oil and/or other harmful substances, that cannot prove, with internationally recognised instruments, compliance with standards established by conventions to which Turkey is a party, regarding navigational, life, property and environmental safety or which have clear indications that the ship is not in compliance with the standards, are not permitted to Turkish territorial waters and inland waters for the purposes of calling at Turkish inland waters or an anchorage or port facilities out of inland waters, except for force majeure to arise out of life saving services; those which have already entered are forthwith expelled or given a maximum of thirty days to ensure compliance with the standards. Ships determined to be in non-compliance with the standards at the end of this period are immeadiately expelled out of territorial waters. Ships carrying Turkish flag covered by this Act which are in non-compliance, on the other hand, are fettered and are forbade to nagivate until compliance with the standards is ensured. In such cases, the load of the ship is transferred to another suitable ship which is in compliance with the standards by the ship’s or load’s proprietor and proper disposal of loads required to be disposed of pursuant to legislation is ensured.
   The ships covered by this Act must notify the Undersecretariat of the ship and load carried fortyeight hours before entry to Turkish territorial waters for the purposes of calling at Turkish inland waters or at an anchorage or port facilities out of inland waters; or in case of ships for which the navigation time between the port of departure and entry to Turkish territorial waters is less than fortyeight hours, right after setting off from the port of departure. Ships which do not meet this requirement are not permitted to Turkish territorial waters and inland waters; those which have already entered are forthwith expelled therefrom. The procedures and guidelines for notification are set out with a regulation.
   The measures taken to ensure navigational, life, property and environmental safety are inspected by competent organisations according to the procedures and guidelines set out in this Act, relevant legislation and international arrangements. The procedures and guidelines for notification are set out with a regulation.
   The procedures and guidelines for the staff, materials and equipment that the shore facilities must have in place in order to respond to possible pollution are set out with a regulation. Newly established shore facilities are not permitted to operate until the staff, materials and equipment that they must have in place are completed.
SECTION THREE
Compensation of Losses
   Liability due to loss
   ARTICLE 6. — The liable parties of ships and shore facilities covered by this Act are severally bound to compensate cleaning costs caused by pollution or threat of pollution due to an incident stemming from ships or shore facilities in the areas of application; costs associated with protective measures, damage done to living resources and marine life, costs for recreation of the deteriorated environment, handling and disposal of collected waste, damages to natural and living resources used for subsistence purposes, damages to private property, losses due to injury or death of persons, revenue losses, damages to revenue and income capacities and other public losses.
   The liability of the guarantor does not remove other liable parties’ liability. Losses not compensated by the guarantor are compensated by the other liable parties.
   In the event of a loss in an incident to which two or more ships are a party, the liable parties of all ships are jointly and severally liable.
   The right of recourse of the payers of the loss caused by the incident to the ones who caused the loss is reserved.
   Limitation of liability
   ARTICLE 7. — The provisions of international conventions to which Turkey is a party are reserved regarding total liable party liability per ship and maximum compensation amount to be borne by the liable party.
   Liability guarantees
   ARTICLE 8. — Ships carrying oil and/or other harmful substances which wish to enter the areas of application must, pursuant to international conventions to which Turkey is a party, have the liability certificates required from them, notify these to relevant authorities and show them when requested.
Ships flying a foreign flag which are covered by this Act, determined not to have liability guarantees provided for in the internationl conventions to which Turkey is a party, are not permitted to Turkish territorial waters and inland waters for the purposes of calling at Turkish inland waters or an anchorage or port facilities out of inland waters, except for force majeure to arise out of life saving services; those which have already entered are forthwith expelled or given a maximum of thirty days to ensure fulfilment of the requirements. Ships determined to be not fulfilling the requirements at the end of this period are immediately expelled out of territorial waters. Ships carrying Turkish flag covered by this Act which are in non-compliance, on the other hand, are fettered and are forbade to nagivate until compliance with the requirements is ensured. In such cases, the load of the ship is transferred to another suitable ship which fulfils the requirements by the ship’s or load’s proprietor and proper disposal of loads required to be disposed of pursuant to legislation is ensured.     .
   Shore facilities must take out insurance against losses covered by this Act. Shore facilities which do not fulfil the insurance requirement are not permitted to operate.
   The compulsory liability insurance provided for in the above paragraph must be made by insurance companies designated by the Undersecretariat of Treasury or a pool to be established by these companies.
   The Ministry, after obtaining the approval of the Undersecretariat of Treasury, can defer the requirement for shore facilities to take out liability insurance for a maximum of one year after entry into force of the general conditions, and tariffs and instructions regarding this insurance.
   The insurance general conditions regarding the liability insurance to be taken out by shore facilities are approved by the Undersecretariat of Treasury. Liability insurance tariffs and instructions are determined by the Minister to whom the Maritime Undersecretariat reports. The Minister to whom the Maritime Undersecretariat reports has the power to decontrol the tariff.
   Notification of liability guarantees
   ARTICLE 9. — The copies of the documents mentioned in Article 8 of the ships wishing to enter Turkish territorial waters for the purpose of reaching any Turkish port and which, pursuant to this Act, must have in place liability guarantees, must, before entry to Turkish territorial waters, be forwarded to the arrival port authority through an agency based in Turkey.
   The notification obligations for ships wishing to enter Turkish territorial waters for the purpose of transit passage from Turkish straits are determined with the Turkish Straits Maritime Traffic Regulations.
   Ships which will use Turkish territorial waters for innocent passage, must notify all kinds of communication devices and details of the liability certificates and the name of the ship, call name, flag, port of registration, name of the proprietor of the ship and place of the headquarters, the ship’s International Maritime Organisation number (IMO No), type of guarantee, validity period of the guarantee, name of the insurer and place of its headquarters, compensation limits and details about and documents of the load and amount of load of the ship, the type of the ship, and the ports of departure and arrival to the nearest port authority.
   Determination of losses
   ARTICLE 10. — Chaired by the representative of the Ministry; representatives of the Undersecretariat, Coast Guard Command, General Management of Coastal Safety and Salvage Administrations and relevant governorships and municipalities, set up a loss adjustment commission. The Commission may invite the representatives and experts of other relevant institutions and organisations if it deems necessary. The procedures and guidelines of the Commission’s activities are set out with a regulation.
   The Commission may have part of the whole of loss adjustment made by specialised Turkish or foreign persons and organisations. The amount of loss such adjusted is valid after approval by the commission.
   Claims for compensation and fee and payment thereof
   ARTICLE 11. — The compensation claims of those who suffer loss due to the incident and claims for fee of those who respond to or who dispose of the pollution are notified to the Undersecretariat. The Undersecretariat, depending on the adjustment of losses and settlement of disputes, ensures compensation of losses and payment of fees by the liable parties. In case of agreement by the parties on the amount of loss determined by the commission, the Undersecretariat is authorised to demand and collect the losses from the liable party or guarantor and to disburse these to those who suffer loss.
   In case the polluter cannot be identified, the Undersecretariat responds to or causes response to the pollution.
   The Undersecretariat, taking the opinions of the Ministry and the Ministry of Foreign Affairs, may request help from the flag states for the compensation of losses caused in Turkey by ships flying foreign flag, which cause pollution within the scope of this Act, but the responsible parties of which could not be found.
   Procedures and guidelines for compensation and payments are set out with a regulation.
   Limitation
   ARTICLE 12. — The limitation period for compensation claims due to incidents within the scope of this Act is, unless a longer period is stipulated in other acts, five years as of the loss is learned or the responsible party is identified, and in all cases, 10 years as of the date of occurrence of the incident (the last incident in case of a chain of incidents). Regarding the limitation period, the provisions of international conventions to which Turkey is a party are reserved.
SECTION FOUR
Response Guidelines
   Notification
   ARTICLE 13. — Everyone who is a party to the incident, who sees the incident, hears the incident or who has knowledge of the incident is obliged to notify the pollution or threat of pollution to the relavant authority or emergency response teams. The authorities to which notification is to be made and the procedures and guidelines for notification are set out with a regulation.
   Determination of pollution
   ARTICLE 14. — The Ministry undertakes or causes to be undertaken the necessary activities regarding the type of pollution occurred, scope, amount, spreading direction and speed, possible consequences and disposal methods and notifies these to the relevant emergency response team.
   Response
   ARTICLE 15. — The power to respond to pollution or pollution threat caused as a result of the incident is vested in the Undersecretariat. The Undersecretariat may have this duty performed by other public institutions and organisations and companies operating in this field or established for this purpose which are based in Turkey. This does not remove the Undersecretariat’s responsibility and does not give the authorised public institutions and organisations and companies to directly claim compensation from the responsible party. The rights of the General Management of Coastal Safety and Salvage Administrations regarding salvage and assistance are reserved.
   Powers specified in Paragraph 1 can be exercised by the Ministry when necessary.
   In pollution caused by ships or shore facilities, the ships which are parties to the incident, and ships nearby the incident and shore facilities nearby the incident, give the first limited response with their staff, equipment and materials they have, and comply with the instructions of the authorised emergency response team after the team’s response to the incident. The Undersecretariat notifes the Ministry of response activities performed.
   Pursuant to the provisions of international cooperation set out in conventions to which Turkey is a party and in emergency response plans drawn up within this framework, the Undersecretariat is powered to invite foreign emergency strike elements or send Turkish emergency response teams to foreign countries and to pay or claim associated expenses, taking the opinions of the Ministry and the Ministry of Foreign Affairs.
   The procedures and guidelines for the response power of private organisations and public institutions and organisations which will serve as emergency response teams and foreign country emergency strike elements invited within the framework of international cooperation are set out with a regulation.
   For the purpose of increasing the effectiveness of the response activities, the Undersecretariat can temporarily suspend or change sea traffic at the venue of the incident or in sea areas related with the incident which it deems appropriate.
   Handling and disposal of wastes   
   ARTICLE 16. — Transportation to and disposal at a suitable disposal facility of wastes collected from the venue of the incident are performed according to the guidelines set out in the emergency response plans.
   Determination and rehabilitation of areas affected by pollution
   ARTICLE 17. — After the response operations, monitoring programmes are carried out by the Ministry for determination and rehabilitation of areas affected by pollution and determination of the long term effects of pollution on human health, plant and animal existence and natural and historical assets.
   Emergency response plans
   ARTICLE 18. — The national emergency response plan incorporating activities for response and guidelines regarding international cooperation in emergencies of pollution of the marine environment from oil and other harmful substances is drawn up by the Ministry in coordination with the Undersecretariat taking the opinions of Turkey Emergency Management General Directorate and the relevant organisations. The procedures and guidelines for drawing up of the national emergency response plan and regional and local level emergency response plans are set out with a regulation.
   Coordination in the event of switching to emergency management
   ARTICLE 19. — In the event of switching to emergency management, upon the Ministry’s demand, due to an incident covered by this Act, pursuant to Article 11/A of Act No 3056 dated 10.10.1984, the emergency response team to be authorised within the scope of this Act  acts as an element of the centres to be set up.
   If, even though it does not require switching to emergency management, an incident within the scope of this Act affects the land as well, the emergency response team to be authorised within the scope of this Act acts as an element of the centres to be set up pursuant to the provisions of Paragraph 1.
   In cases provided for in Paragraphs 1 and 2, the representatives of Turkey Emergency Management General Directorate join the commission referred to in Article 10.
SECTION FIVE
Miscellaneous Provisions
   Designation of arbitrator for setttlement of disputes
   ARTICLE 20. — If the Undersecretariat and the liable party or the guarantor agree, an arbitrator or an arbitration committee may be designated for settlement of disputes to arise out of the implementation of this Act. Arbitrators designated apply Turkish law. The arbitration is, based on relevance, subject to the provisions of the Code of Civil Procedure No 1086 or International Arbitration Law No 4686.
   Acceptance of ships under threat to suitable and safe sea areas
   ARTICLE 21. — The Undersecretariat is powered to accept a ship under threat to suitable and safe sea areas, on demand by the ship. The procedures and guidelines for acceptance are set out with a regulation.
   Inspection of the ship and police duties
   ARTICLE 22. — Where there is serious doubt that a ship will cause an incident or pollution within the scope of this Act or it will pose such a risk, the Undersecretariat can subject the ship to inspection for final determination. The Undersecretariat may, in cases deemed necessary, devolve its power to relevant institutions and organisations.
   All public security and police duties regarding the enforcement of this Act are undertaken by the Coast Guard Command.
   Pollution resulting from ship fuels and loads
   ARTICLE 23. — The provisions of this Act are applicable except the third paragraph of Article 5 and Articles 8 and 9 in the event of an incident for response to pollution or a threat of pollution and determination and compensation of losses arising out of oil or oil derivatives carried as fuel by a ship regardless of the fact whether the ship is covered or not covered by this Act or out of other harmful substances/loads carried by a ship not covered by this Act. The provisions of international conventions to which Turkey is a party are reserved. 
   Regulations
   ARTICLE 24. — Regulations regarding the enforcement of this Act are drawn up jointly by the Ministry and the Undersecretariat, taking the opinions of the relevant ministries and organisations.
   Amended provisions
   ARTICLE 25. — The following Paragraph (j) has been added to Article 3 of the Public Procurement Law No 4734 dated 4.1.2002:
   j) Within the scope of the provisions of the Act on Guidelines for Response to Emergencies and Compensation of Losses in Case of Pollution of the Marine Environment from oil and Other Harmful Substances, drawing up of emergency response plans and response to pollution after an incident occurs and service procurement and tool, device and material procurement which may be urgently needed for the execution of emergency response plans,
   ARTICLE 26. — The following paragraph has been inserted after the last paragraph of Provisional Article 4 of Act No 4734:
   The guidelines and procedures regarding Paragraph (j) of Article 3 of this Act are set out with a regulation to be adopted by the Ministry of Environment and Forestry, taking the opinions of the Ministry of Finance, Public Procurement Authority and Undersecretariat for Maritime Affairs.
   PROVISIONAL ARTICLE 1. — The regulations which are provided for in this Act are drawn up in one year at the latest as of the date of entry into force of this Act; general conditions and tariffs and instructions regarding liability insurance are drawn up in six months at the latest as of the date of entry into force hereof and promulgated in the Official Journal.
   PROVISIONAL ARTICLE 2. — The activities of facilities which are active at the time of the entry into force of this Act and which cannot make good within the period defined in the regulation their shortcomings regarding staff, materials and equipment that they must have in place pursuant to the last paragraph of Article 5 of this Act are interrupted by the Ministry.
   Entry into Force
   ARTICLE 27. — This Act shall enter into force three months after the date of its publication.
   Enforcement
   ARTICLE 28. — The Council of Ministers shall enforce the provisions of this Act.
 
12  Turkish law forums / TURKISH ADMINISTRATIVE LAW / Act On Right Of Information Acquirement - Law no: 4982 on: September 15, 2010, 01:53:23 AM
ACT ON RIGHT OF INFORMATION ACQUIREMENT
 
Act No   : 4982           
Adopted on    : 9.10.2003       
 
SECTION ONE
Purpose, Scope and Definitions
Purpose
Article 1.- The purpose of this Act is to lay down the guidelines and procedures for individuals to exercise their right of information acquirement in accordance with the principles of equality, neutrality and openness which are the fundamentals of democratic and transparent administration.
Scope
Article 2.- This Act is applicable to the activities of public institutions and organisations, and professional organisations which have the capacity of a public institution.
The provisions of the Act on Exercising of the Right of Petition No 3071 of 1.11.1984 are reserved.
Definitions
Article 3.- For the purposes of this Act;
a) ‘Institution and organisation’ shall mean all agencies and authorities mentioned in Article 2 of this Act and to which an application to acquire information covered by this Act can be made,
b) ‘Applicant’ shall mean real and legal persons who exercise their right of information acquirement under this Act by applying to institutions and organisations,
c) ‘Information’ shall mean all kinds of data covered by this Act which are in the records of the institutions and organisations,
d) ‘Document’ shall mean written, printed or reproduced dossiers, papers, books, journals, brochures, studies, letters, programmes, instructions, sketches, plans, films, photographs, tape and video cassettes, maps, all kinds of electronically recorded information, news and data carriers which are the property of the institutions and organisations and which are covered by this Act,
e) ‘Access to information or document’ shall mean, depending on the nature of the information or document requested, the delivering of a copy of the information or document in question to the applicant by the institutions and organisations; and in cases where provision of a copy is not possible, permitting the applicant to review the original information or document, take notes or see or hear the contents thereof,
f) ‘Committee’ shall mean the Evaluation Committee for Acquiring Information.

SECTION TWO
Right of information acquirement and Obligation to Provide Information

Right to acquire information
Article 4.- Everyone has the right to acquire information.
Foreigners residing in Turkey and foreign legal persons operating in Turkey shall benefit from the provisions of this Act on the condition that the information to be requested relates to themselves or their line of business and within the framework of the principle of reciprocity.
Their rights and obligations arising out of the international conventions to which Turkey is a party are reserved.
Obligation to provide information
Article 5.- The institutions and organisations are obliged to take the necessary administrative and technical measures to make available to the applicants all kinds of information or documents, save for those exceptions included in this Act, and to complete applications to acquire information in an effective, swift and accurate manner.
As of the date of entry into force of this Act, the provisions of other acts contrary to the provisions of this Act are not applicable.
SECTION THREE
Application to Acquire Information
Application procedure
Article 6.- The application to acquire information shall be made to the institution or organisation where the requested information or document is kept, with a petition comprising the name of the applicant, signature, domicile or business address; and if the applicant is a legal person, comprising the title of the legal person, address, and the signature of the authorised person and the certificate of authority. This application can be made in electronic format or by other means of communication on the condition that other information to identify the person’s identity and signature or from whom the letter originates can be legally identified.
In the petition, the information or documents requested must be clearly indicated.

The nature of information or document to be requested
Article 7.- The application to acquire information must be relevant to information or documents which the institutions and organisations applied have or must have due to their line.
The institutions and organisations may decline applications for information or document which can be created by undertaking a special activity, research, review or analysis.
If the requested information or document is elsewhere than the institution and organisation applied for, the petition of application shall be sent to this institution and organisation and the applicant shall be notified of that in writing.

Information or documents published or made public
Article 8.- Information or documents published by the institutions and organisations or made public through publications, brochures, advertisements and similar methods may not be subject to applications to acquire information. However, the applicant shall be notified on how, when and where the information or documents published or made public are published or made public.   

Providing information or documents after extracting confidential information
Article 9.- If, in the information and documents requested, there is classifed information or information, disclosure of which is prohibited, together with information which can be disclosed, and if these can be extracted, the information or document in question shall be provided to the applicant after extraction of classified or disclosure-prohibited information. The reason for extraction shall be notified to the applicant in writing.

Access to information or documents
Article 10.- Institutions and organisations shall provide the applicant a certified copy of the document requested.
In cases where providing a copy of the information or document is not possible due to the nature of the information or document, or in cases where making a copy thereof will give harm to the original, the institutions and organisations make sure that the applicant;
a) Reviews the original of the document in question and takes notes, in the event of written or printed documents,
b) Listens the the information or documents in the form of audio recording,
c) Watches the information or documents in the form of visual recording.
If it is possible to acquire the information or documents in ways other than the above, this opportunity is provided on the condition that the document is not damaged.
The institution and organisation to which the application is made may collect a fee equal to the cost of access, from the applicant for the information or documents to which access is given, to be recorded as income in its budget.

Access times to information or documents
Article 11.- The institutions and organisations, upon application, provide access to the requested information or document in fifteen working days. However, in the event that the requested information or document is provided from another unit within the institution or organisation to which the application is made; the opinion of another institution and organisation needs to be taken regarding the application; or the content of the application relates to more than one institution and organisation, then access to the information or document is provided within thirty working days. In this case, the extension of the time and the reason therefor are notified to the applicant in writing and before the expiration of the period of fifteen working days.
Upon notification of the cost of access to information or documents mentioned in Article 10 by the administration to the applicant, the period of fifteeen working days is terminated. If the applicant does not pay the fee in fifteen working days, he is deemed to have waived his demand.

Answering of applications
Article 12.- Institutions and organisations notify their answers regarding applications to acquire information to the applicant in writing or in electronic format. In case the application is rejected, the grounds for rejection and ways of objection are indicated.   

Objection procedure
Article 13.- The applicant, whose request for acquiring information is rejected for reasons provided for in Articles 16 and 17, before resorting to court, may make an objection to the Committee within fifteen days as of the notification of the decision. The Committee makes a decision on this subject matter within thirty working days. The institutions and organisations are obliged to provide all kinds of information and documents requested by the Committee within fifteen working days.
Objection to the Committee halts the applicant’s resort period to the administrative court.
   
Evaluation Committee for Acquiring Information
Article 14.- The Evaluation Committee for Acquiring Information has been set up to consider decisions given based on the reasons provided for in Articles 16 and 17 upon objections regarding an application to acquire information, and to make decisions regarding the exercise of the right of information acquirement for institutions and organisations.
   The Committee comprises nine members; one from the Supreme Court of Appeal and the Council of State each from two candidates each, from their institutions, to be designated by the general assemblies thereof; one member from each of penal law, administrative law and consitutional law professors or associate professors; one from among two candidates to be designated by the Turkish Bars Association who are qualified enough to be elected as the chairman of the bar; two members who are serving at minimum general director level; and one from among judges working with the Ministry of Justice who have administrative duties within the Ministry, to be elected by the Council of Ministers, upon recommendation of the Minister of Justice.
The consent of the candidates recommended for Committee membership is sought.
   The Chairman of the Committee is elected by the members of the committee, from among themselves.
The Committee convenes at least once a month, or upon the call of the Chairman as and when necessary.
   The term of office of the committee members is four years. The members whose term of office expires can be re-elected. If a member leaves office before the expiry of his term of office, a member elected in place of the former member with the same procedure completes the term of office of the former. The former Committee stays until the newly elected Committee starts office.
The Committee members are paid per diem, the provisions of the Allowance Act No 6245 of 10.2.1954 being reserved, for each actual day of duty, to be calculated by multiplication with the civil servant monthly coefficient of indicator number 1000 for those who are public servants and of indicator number 2000 for non-public servants. No deduction is made in these payments, save for stamp duty.
The Committee may set up commissions and work groups on subject matters to be identified; in addition, if it deems necessary, it may invite representatives of the relavant ministry and other institutions and organisations and non-governmental organisations to the meetings to acquire information.
   The secretariat services of the Committee are performed by the Prime Ministry.
The guidelines and procedures for the duties and the activities of the Committee are regulated with a regulation to be drawn up and put into force by the Ministry.   

SECTION FOUR
Limits of the Right of information acquirement

Transactions which are not subject to jurisdictional audit
Article 15.- Of administrative transaction which are not subject to jurisdictional audit, those in a nature to affect the working life and professional dignity of the individual are covered by this Act. Right of information acquirement thus provided does not give rise to the transaction being subject to jurisdictional audit.
Information or documents on secrets of state
Article 16.- Information and documents which, if disclosed, will clearly prejudice the security of the State, foreign relations, national defence and national security and which are classified and State secrets by nature are not covered by the right of information acquirement.
Information or documents on the economic interests of the country
Article 17.- Information or documents which, if disclosed or prematurely disclosed, will prejudice the economic interests of the country or which will lead to unfair competition and gain are not covered by this Act.
Information or documents on intelligence
Article 18.- Information or documents on the duties and activities of civil and military intelligence units are not covered by this Act.
However, if these information and documents are in a nature to affect professional lives and professional dignity of people, information and documents on intelligence are covered by the right of information acquirement.
Information or documents on administrative investigation
Article 19.- Information or documents which are related to the administrative investigations carried out by the authorised units of institutions and organisations, and which, if disclosed or prematurely disclosed, will;
a)     give rise to explicitly unjust intervention to the private lives of people,
b) jeopardise the life or safety of people or those carrying out the investigation,
c) jeopardise the safety of the investigation,
d) cause disclosure of a source of information which must remain confidential and make difficult the supply of similar information and sources of information related with the investigation
are not covered by this Act.   
Information or documents on judicial inquiry and prosecution
Article 20.- Information or documents which, if disclosed or prematurely disclosed, will;
a) lead to committing of a crime,
b) jeopardise prevention and investigation of crimes or capturing and prosecution of offenders by lawful means,
c) prevent proper performance of the duty of judgement, 
d) breach the right of fair judgement of a person who is the defendant of a lawsuit, 
are not covered by this Act.
The provisions of the Code of Criminal Procedure No 1412 of 4.4.1929, the Code of Civil Procedure No 1086 of 18.6.1927, the Code of Administrative Proceedings No 2577 of 6.1.1982 and other special codes are reserved.
Privacy of private life
Article 21.- Information or documents, save for cases where permitted by the person, within the scope of the privacy of private life, which, if disclosed, will constitute unjust intervention to health details and private and family life, honour and dignity, professional and economic values of the person are not covered by the right of information acquirement.
In cases required for the public interest, personal information or documents may be disclosed by the institutions and organisations by acquiring written consent of the person with a seven-day prior notice.
Privacy of communication
Article 22.- Information and documents which breach the principle of privacy of communication are not covered by this Act.
Trade secrets
Article 23.- Information and documents which are defined as trade secrets in laws, and trade and financial information provided by institutions and organisations on the condition that the information is hold from real or legal persons, are not covered by this Act.
Intellectual and artistic works
Article 24.- The relevant provisions of law are applied in applications to acquire information to be made regarding intellectual and artistic works.
Intra-institutional arrangements
Article 25.- Information and documents on arrangements of institutions and organisations regarding intra-institutional practices which do not interest the public and which are solely relevant to their staff are not covered by the right of information acquirement. However, the right of information acquirement of the employees of the institution who are affected by the arrangement in question is reserved.
Intra-institutional opinions, memoranda and recommendations
Article 26.- Information or documents of institutions and organisations acquired for the carrying out of their activities, which are in nature of opinions, memoranda, proposals or recommendations, unless otherwise decided by the institution and organisation, are covered by the right of information acquirement.
The opinions of persons, units or institutions which are obliged to provide opinion in scientific, cultural, statistical, technical, medical, financial, legal and similar fields of expertise by law are open to information requests on the condition that they constitute the basis for decisions to be taken by institutions and organisations.   
Recommendation and opinion requests
Article 27.- Recommendation and opinion requests are not covered by this Act.
Information or documents, confidentiality of which is lifted
Article 28.- Information or documents, confidentiality of which is lifted become available for applications to acquire information, unless they are covered by other exceptions specified in this Act.

SECTION FIVE
Miscellaneous and Final Provisions
Penal provisions
Article 29.- For the civil servants and other public officials who are found to be negligent, at fault and malicious in the implementation of this Act, the fact that the acts they committed require penal prosecution under the general provisions being reserved, the disciplinary actions stipulated in the legislation they are subject to are applied.
Information and documents accessed through this Act cannot be reproduced or used for commercial purposes.
Issuing of reports
Article 30.- The institutions and organisations shall issue a report of the preceding year, showing;
a) the number of applications to acquire information made to them,
b) the number of applications, affirmatively responded and provided access to information or documents,
c) the number of rejected applications and statistical information showing the breakdown of these,
d) the number of applications which confidential or secret information were extracted or such information was detached and then access to information or documents was provided,
e) the number of applicants who made an objection after rejection of the application and the results thereof,
and send these reports until the end of February every year to the Evaluation Committee for Acquiring Information. Affiliated, relevant and associated public institutions and organisations submit their reports through the relevant Ministry they are affiliated and associated to. The Committee send the overall report to be drawn up to the Turkish Grand National Assembly until the end of April every year together with the reports of the institutions and organisations in question. These reports are made public in the following two months by the Presidency of the Turkish Grand National Assembly.
Regulation
Article 31.- The regulation regarding the identification of the guidelines and procedures for the implementation of this Act shall be drawn up within six months following the publication of the Act by the Prime Ministry and put into force by the Council of Ministers.
Entry into Force
Article 32.- This Act shall enter into force six months after the date of its publication.
Enforcement
Article 33.- The Council of Ministers shall enforce the provisions of this Act.
13  News from The Law / About Legal News Directory / Re: About Legal News directory on: September 15, 2010, 01:51:09 AM
The legal news directory renewed. http://en.hukuki.net
14  Turkish law forums / TURKISH FAMILY LAW / Protection of the Family Law No. 4320 on: August 10, 2010, 09:41:19 PM
Date: January 1998

Law No.4320 on the Protection of the Family

Clause 1-  If a spouse or child or another member of the family living under the same roof is subject to abuse, and notification is made either by the victim or by the Public Prosecutor, in addition to the provisions of the Turkish Civil Code, taking into consideration the specific circumstances, a Justice of the Peace can pass one or more of the following rulings or take any other measures that are deemed appropriate. The accused spouse can be ordered:

a. Not to use violence or threatening behavior against the other spouse or children (or another member of the family living under the same roof);
b. To leave the dwelling shared with the spouse or children if there are any and not to approach the dwelling occupied by the spouse and children or their place of work.
c. Not to damage the property of the spouse or children (or of others living under the same roof);
d. Not to cause distress to the spouse or children (or others living under the same roof) using means of communication;
e. To surrender a weapon or other similar instruments to the police;
f. Not to arrive at the shared dwelling while under the influence of alcohol or other intoxicating substances nor use such substances in the shared dwelling.

The above-mentioned measures can be applied for a period not exceeding six months and, if the accused does not abide by the rulings, s/he shall be warned that s/he is liable to arrest and confinement. The judge shall take into account the standard of living of the victim and rule on maintenance payments accordingly. Under the first paragraph of the statute, no fee is charged for applications.

Clause 2- A copy of the protection order is entrusted to the Public Prosecutor by the court. The Public Prosecutor monitors the application of the order through the police. In the event of the order being implemented, the police, without the need for the victim to submit a written application, will themselves conduct an investigation and transfer the documents to the Public Prosecutor within the shortest possible time.

The Public Prosecutor can file a suit at the Magistrates Court against the spouse who does not abide by the order. The location of the case and the avoidance of loss of time in its expedition are governed by Law No 3005 on the Criminal Courts. The spouse who has not abided by the protection order can be sentenced to a prison sentence of three to six months.

Clause 3- This law comes into effect from the date on which it is promulgated.

Clause 4- The provisions of this law are implemented by the Council of Ministers.

Corollary to the Clauses of the Law

Clause 1- The first clause of the draft provides for a member of the family who suffers abuse within the family, notification of which is either made by the victim or the Public Prosecutor, to secure one or more protective rulings, in addition to the provisions of the Turkish Civil Code. For example; if a husband arrives home under the influence of alcohol and abuses his wife and children the court can pass a ruling that he is "not to arrive home under the influence of alcohol" or, if the husband needs to be kept away from the home, it can issue more than one ruling, such as "not to approach the wife's house or workplace", "not to damage the wife's possessions", "to inform the accused spouse's superior at work or his employer" or "to forbid the accused spouse from coming to their shared home". In extraordinary circumstances the court can also pass other similar rulings in addition to those enumerated. If the Magistrate's Court considers that there is a possibility of the victim again being subject to abuse then it can pass an order immediately after the application without need for witnesses or hearing from the other side. Those who have suffered abuse are not responsible for proving to the court the possibility of being subjected to abuse. The court can issue rulings for a period of up to six months and if the accused does not abide by the court rulings s/he is warned that s/he is liable to arrest and confinement. The presiding judge can make a maintenance order so as to prevent the victim from becoming impoverished. In order to set the amount of maintenance, an expert is required to conduct an investigation and determine the standard of living of both the plaintiff and the defendant. In order for the victim not to incur any financial expense, no charge shall be made for applications to the Magistrates Court.

Clause 2- According to the second clause of the draft, a copy of the protection order shall be forwarded to the Public Prosecutor by the Magistrates Court and the responsibility for ensuring that the order is complied with shall be delegated to the police. In the event of the protection order not being complied with, the police shall conduct its own investigation, without need for the victim to submit a formal application, and forward the documents to the Public Prosecutor in the shortest possible time. The Public Prosecutor shall open a case at the Magistrates Court in the name of the state against the spouse who is not complying with the protection order. The aforementioned case shall be conducted in the manner and with the speed foreseen by the law on Criminal Courts.

At the conclusion of the trial, if the spouse who has not complied with the provisions of the protection order is guilty of another crime then s/he is liable to a prison sentence of three to six months. The passing of the prison sentence foreseen in this clause is based upon the accused being previously warned by the court of the consequences of his/her failure to abide by the protection order and the persistent endangering of the unity of the family. The aim of the setting of a six month upper limit for the prison sentence is to act as a deterrent and to ensure that the sentence does not fall within the scope of the punishments foreseen in the 119th clause of the Turkish Criminal Code.

Clause 3- The law will come into effect on its promulgation.

Clause 4- The implementation of the law is the responsibility of the competent authority.
15  Turkish law forums / TURKEY AND GENERAL TURKISH LEGISLATION RESOURCES / Treaty Of Peace With Turkey Signed At Lausanne July 24, 1923 on: January 10, 2010, 09:56:37 PM
TREATY OF PEACE WITH TURKEY SIGNED AT LAUSANNE JULY 24, 1923 THE CONVENTION RESPECTING THE REGIME OF THE STRAITS AND OTHER INSTRUMENTS SIGNED AT LAUSANNE
THE BRITISH EMPIRE, FRANCE, ITALY, JAPAN, GREECE, ROUMANIA and the SERB-CROAT-SLOVENE STATE,
of the one part,
and TURKEY,
of the other part;
Being united in the desire to bring to a final close the state of war which has existed in the East since 1914,
Being anxious to re-establish the relations of friendship and commerce which are essential to the mutual well-being of their respective peoples,
And considering that these relations must be based on respect for the independence and sovereignty of States,
Have decided to conclude a Treaty for this purpose, and have appointed as their Plenipotentiaries:
HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:
The Right Honourable Sir Horace George Montagu Rumbold, Baronet, G.C.M.G., High Commissioner at Constantinople;
THE PRESIDENT OF THE FRENCH REPUBLIC:
General Maurice Pelle, Ambassador of France, High Commissioner of the Republic in the East, Grand Officer of the National Order of the Legion of Honour;
HIS MAJESTY THE KING OF ITALY:
The Honourable Marquis Camillo Garroni, Senator of the Kingdom, Ambassador of Italy, High Commissioner at Constantinople, Grand Cross of the Orders of Saints Maurice and Lazarus, and of the Crown of Italy;
M. Giulio Cesare Montagna, Envoy Extraordinary and Minister Plenipotentiary at Athens, Commander of the Orders of Saints Maurice and Lazarus, Grand Officer of the Crown of Italy;
HIS MAJESTY THE EMPEROR OF JAPAN:
Mr. Kentaro Otchiai, Jusammi, First Class of the Order of the Rising Sun, Ambassador Extraordinary and Plenipotentiary at Rome;
HIS MAJESTY THE KING OF THE HELLENES:
M. Eleftherios K. Veniselos, formerly President of the Council of Ministers, Grand Cross of the Order of the Saviour;
M. Demetrios Caclamanos, Minister Plenipotentiary at London, Commander of the Order of the Saviour;
HIS MAJESTY THE KING OF ROUMANIA:
M. Constantine I. Diamandy, Minister Plenipotentiary;
M. Constantine Contzesco, Minister Plenipotentiary;
HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES:
Dr. Miloutine Yovanovitch, Envoy Extraordinary and Minister Plenipotentiary at Berne;
THE GOVERNMENT OF THE GRAND NATIONAL ASSEMBLY OF TURKEY:
Ismet Pasha, Minister for Foreign Affairs, Deputy for Adrianople;
Dr. Riza Nour Bey, Minister for Health and for Public Assistance, Deputy for Sinope;
Hassan Bey, formerly Minister, Deputy for Trebizond;
Who, having produced their full powers, found in good and due orm, have agreed as follows:
Lausanne Treaty: Part I
POLITICAL CLAUSES
ARTICLE 1.
From the coming into force of the present Treaty, the state of peace will be definitely re-established between the British Empire, France, Italy, Japan, Greece, Roumania and the Serb-Croat-Slovene State of the one part, and Turkey of the other part, as well as between their respective nationals. Official relations will be resumed on both sides and, in the respective territories, diplomatic and consular representatives will receive, without prejudice to such agreements as may be concluded in the future, treatment in accordance with the general principles of international law.
SECTION I. I. TERRITORIAL CLAUSES. ARTICLE 2.
From the Black Sea to the Æ:gean the frontier of Turkey is laid down as follows: (I) With Bulgaria:
From the mouth of the River Rezvaya, to the River Maritza, the point of junction of the three frontiers of Turkey, Bulgaria and Greece:
the southern frontier of Bulgaria as at present demarcated;
(2) With Greece:
Thence to the confluence of the Arda and the Marilza:
the course of the Maritza;
then upstream along the Arda, up to a point on that river to be determined on the spot in the immediate neighbourhood of the village of Tchorek-Keuy:
the course of the Arda;
thence in a south-easterly direction up to a point on the Maritza, 1 kilom. below Bosna-Keuy:
a roughly straight line leaving in Turkish territory the village of Bosna-Keuy. The village of Tchorek-Keuy shall be assigned to Greece or to Turkey according as the majority of the population shall be found to be Greek or Turkish by the Commission for which provision is made in Article 5, the population which has migrated into this village after the 11th October, 1922, not being taken into account;
thence to the AEgean Sea:
the course of the Maritza.
ARTICLE 3.
From the Mediterranean to the frontier of Persia, the frontier of Turkey is laid down as follows:
(I ) With Syria:
The frontier described in Article 8 of the Franco-Turkish Agreement of the 20th October, 1921
(2) With Iraq:
The frontier between Turkey and Iraq shall be laid down in friendly arrangement to be concluded between Turkey and Great Britain within nine months.
In the event of no agreement being reached between the two Governments within the time mentioned, the dispute shall be referred to the Council of the League of Nations.
The Turkish and British Governments reciprocally undertake that, pending the decision to be reached on the subject of the frontier, no military or other movement shall take place which might modify in any way the present state of the territories of which the final fate will depend upon that decision.
ARTICLE 4.
The frontiers described by the present Treaty are traced on the one-in-a-million maps attached to the present Treaty. In case of divergence between the text and the map, the text will prevail. [See Introduction.]
ARTICLE 5.
A Boundary Commission will be appointed to trace on the ground the frontier defined in Article 2 (2). This Commission will be composed of representatives of Greece and of Turkey, each Power appointing one representative, and a president chosen by them from the nationals of a third Power.
They shall endeavour in all cases to follow as nearly as possible the descriptions given in the present Treaty, taking into account as far as possible administrative boundaries and local economic interests.
The decision of the Commission will be taken by a majority and shall be binding on the parties concerned.
The expenses of the Commission shall be borne in equal shares by the parties concerned.
ARTICLE 6.
In so far as concerns frontiers defined by a waterway as distinct from its banks, the phrases "course" or "channel" used in the descriptions of the present Treaty signify, as regards non-navigable rivers, the median line of the waterway or of its principal branch, and, as regards navigable rivers, the median line of the principal channel of navigation. It will rest with the Boundary Commission to specify whether the frontier line shall follow any changes of the course or channel which may take place, or whether it shall be definitely fixed by the position of the course or channel at the time when the present Treaty comes into force.
In the absence of provisions to the contrary, in the present Treaty, islands and islets Iying within three miles of the coast are included within the frontier of the coastal State.
ARTICLE 7.
The- various States concerned undertake to furnish to the Boundary Commission all documents necessary for its task, especially authentic copies of agreements fixing existing or old frontiers, all large scale maps in existence, geodetic data, surveys completed but unpublished, and information concerning the changes of frontier watercourses. The maps, geodetic data, and surveys, even if unpublished, which are in the possession of the Turkish authorities, must be delivered at Constantinople with the least possible delay from the coming into force of the present Treaty to the President of the Commission.
The States concerned also undertake to instruct the local authorities to communicate to the Commission all documents, especially plans, cadastral and land books, and to furnish on demand all details regarding property, existing economic conditions and other necessary information.
ARTICLE 8.
The various States interested undertake to give every assistance to the Boundary Commission, whether directly or through local authorities, in everything that concerns transport, accommodation, labour, materials (sign posts, boundary pillars) necessary for the accomplishment of its mission.
In particular, the Turkish Government undertakes to furnish, if required, the technical personnel necessary to assist the Boundary Commission in the accomplishment of its duties.
ARTICLE 9.
The various States interested undertake to safeguard the trigonometrical points, signals, posts or frontier marks erected by the Commission.
ARTICLE 10.
The pillars will be placed so as to be intervisible. They will be numbered, and their position and their number will be noted on a cartographic document.
ARTICLE 11.
The protocols defining the boundary and the maps and documents attached thereto will be made out in triplicate, of which two copies will be forwarded to the Governments of the limitrophe States, and the third to the Government of the French Republic, which will deliver authentic copies to the Powers who sign the present Treaty.
ARTICLE 12.
The decision taken on the 13th February, 1914, by the Conference of London, in virtue of Articles 5 of the Treaty of London of the 17th-30th May, 1913, and 15 of the Treaty of Athens of the 1st-14th November, 1913, which decision was communicated to the Greek Government on the 13th February, 1914, regarding the sovereignty of Greece over the islands of the Eastern Mediterranean, other than the islands of Imbros, Tenedos and Rabbit Islands, particularly the islands of Lemnos, Samothrace, Mytilene, Chios, Samos and Nikaria, is confirmed, subject to the provisions of the present Treaty respecting the islands placed under the sovereigntyof Italy which form the subject of Article 15.
Except where a provision to the contrary is contained in the present Treaty, the islands situated at less than three miles from the Asiatic coast remain under Turkish sovereignty.
ARTICLE 13.
With a view to ensuring the maintenance of peace, the Greek Government undertakes to observe the following restrictions in the islands of Mytilene, Chios, Samos and Nikaria:
(I) No naval base and no fortification will be established in the said islands.
(2) Greek military aircraft will be forbidden to fly over the territory of the Anatolian coast. Reciprocally, the Turkish Government will forbid their military aircraft to fly over the said islands.
(3) The Greek military forces in the said islands will be limited to the normal contingent called up for military service, which can be trained on the spot, as well as to a force of gendarmerie and police in proportion to the force of gendarmerie and police existing in the whole of the Greek territory.
ARTICLE 14.
The islands of Imbros and Tenedos, remaining under Turkish sovereignty, shall enjoy a special administrative organisation composed of local elements and furnishing every guarantee for the native non-Moslem population in so far as concerns local administration and
the protection of persons and property. The maintenance of order will be assured therein by a police force recruited from amongst the local population by the local administration above provided for and placed under its orders.
The agreements which have been, or may be, concluded between Greece and Turkey relating to the exchange of the Greek and Turkish populations will not be applied to the inhabitants of the islands of Imbros and Tenedos.
ARTICLE 15.
Turkey renounces in favour of Italy all rights and title over the following islands: Stampalia (Astrapalia), Rhodes (Rhodos), Calki (Kharki), Scarpanto, Casos (Casso), Piscopis (Tilos), Misiros (Nisyros), Calimnos (Kalymnos), Leros, Patmos, Lipsos (Lipso), Simi (Symi), and Cos (Kos), which are now occupied by Italy, and the islets dependent thereon, and also over the island of Castellorizzo.
ARTICLE 16.
Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty, the future of these territories and islands being settled or to be settled by the parties concerned.
The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries.
ARTICLE 17.
The renunciation by Turkey of all rights and titles over Egypt and over the Soudan will take effect as from the 5th November, 1914.
ARTICLE 18.
Turkey is released from all undertakings and obligations in regard to the Ottoman loans guaranteed on the Egyptian tribute, that is to say, the loans of 1855, 1891 and 1894. The annual payments made by Egypt for the service of these loans now forming part of the service of the Egyptian Public Debt, Egypt is freed from all other obligations relating to the Ottoman Public Debt.
ARTICLE 19.
Any questions arising from the recognition of the State of Egypt shall be settled by agreements to be negotiated subsequently in a manner to be determined later between the Powers concerned. The provisions of the present Treaty relating to territories detached from Turkey under the said Treaty will not apply to Egypt.
ARTICLE 20.
Turkey hereby recognises the annexation of Cyprus proclaimed by the British Government on the sth November, 1914.
ARTICLE 21.
Turkish nationals ordinarily resident in Cyprus on the 5th November, 1914, will acquire British nationality subject to the conditions laid down in the local law, and will thereupon lose their Turkish nationality. They will, however, have the right to opt for Turkish nationality within two years from the coming into force of the present Treaty, provided that they leave Cyprus within twelve months after having so opted.
Turkish nationals ordinarily resident in Cyprus on the coming into force of the present Treaty who, at that date, have acquired or are in process of acquiring British nationality in consequence of a request made in accordance with the local law, will also thereupon lose their Turkish nationality.
It is understood that the Government of Cyprus will be entitled to refuse British nationality to inhabitants of the island who, being Turkish nationals, had formerly acquired another nationality without the consent of the Turkish Government.
ARTICLE 22.
Without prejudice to the general stipulations of Article 27, Turkey hereby recognises the definite abolition of all rights and privileges whatsoever which she enjoyed in Libya under the Treaty of Lausanne of the 18th October, 1912, and the instruments connected therewith.
2. SPECIAL PROVISIONS. ARTICLE 23.
The High Contracting Parties are agreed to recognise and declare the principle of freedom of transit and of navigation, by sea and by air, in time of peace as in time of war, in the strait of the Dardanelles, the Sea of Marmora and the Bosphorus, as prescribed in the separate Convention signed this day, regarding the regime of the Straits. This Convention will have the same force and effect in so far as the present High Contracting Parties are concerned as if it formed part of the present Treaty.
ARTICLE 24.
The separate Convention signed this day respecting the regime for the frontier described in Article 2 of the present Treaty will have equal force and effect in so far as the present High Contracting Parties are concerned as if it formed part of the present Treaty.
ARTICLE 25.
Turkey undertakes to recognise the full force of the Treaties of Peace and additional Conventions concluded by the other Contracting Powers with the Powers who fought on the side of Turkey, and to recognise whatever dispositions have been or may be made concerning the territories of the former German Empire, of Austria, of Hungary and of Bulgaria, and to recognise the new States within their frontiers as there laid down.
ARTICLE 26.
Turkey hereby recognises and accepts the frontiers of Germany, Austria, Bulgaria, Greece, Hungary, Poland, Roumania, the Serb-Croat-Slovene State and the Czechoslovak State, as these frontiers have been or may be determined by the Treaties referred to in Article 25 or by any supplementary conventions.
ARTICLE 27.
No power or jurisdiction in political, legislative or administrative matters shall be exercised outside Turkish territory by the Turkish Government or authorities, for any reason whatsoever, over the nationals of a territory placed under the sovereignty or protectorate of the other Powers signatory of the present Treaty, or over the nationals of a territory detached from Turkey.
It is understood that the spiritual attributions of the Moslem religious authorities are in no way infringed.
ARTICLE 28.
Each of the High Contracting Parties hereby accepts, in so far as it is concerned, the complete abolition of the Capitulations in Turkey in every respect.
ARTICLE 29.
Moroccans, who are French nationals ("ressortissants") and Tunisians shall enjoy in Turkey the same treatment in all respects as other French nationals ("ressortissants").
Natives ("ressortissants") of Libya shall enjoy in Turkey the same treatment in all respects as other Italian nationals ("ressortissants") .
The stipulations of the present Article in no way prejudge the nationality of persons of Tunisian, Libyan and Moroccan origin established in Turkey.
Reciprocally, in the territories the inhabitants of which benefit by the stipulations of the first and second paragraphs of this Article, Turkish nationals shall benefit by the same treatment as in France and in Italy respectively.
The treatment to which merchandise originating in or destined for the territories, the inhabitants of which benefit from the stipulations of the first paragraph of this Article, shall be subject in Turkey, and, reciprocally, the treatment to which merchandise originating in or destined for Turkey shall be subject in the said territories shall be settled by agreement between the French and Turkish Governments.
SECTION II . NATIONALITY. ARTICLE 30.
Turkish subjects habitually resident in territory which in accordance with the provisions of the present Treaty is detached from Turkey will become ipsofacto, in the conditions laid down by the local law, nationals of the State to which such territory is transferred.
ARTICLE 31.
Persons over eighteen years of age, losing their Turkish nationality and obtaining ipso facto a new nationality under Article 30, shall be entitled within a period of two years from the coming into force of the present Treaty to opt for Turkish nationality.
ARTICLE 32.
Persons over eighteen years of age, habitually resident in territory detached from Turkey in accordance with the present Treaty, and differing in race from the majority of the population of such territory shall, within two years from the coming into force of the present Treaty, be entitled to opt for the nationality of one of the States in which the majority of the population is of the same race as the person exercising the right to opt, subject to the consent of that State.
ARTICLE 33.
Persons who have exercised the right to opt in accordance with the provisions of Articles 31 and 32 must, within the succeeding twelve months, transfer their place of residence to the State for which they have opted.
They will be entitled to retain their immovable property in the territory of the other State where they had their place of residence before exercising their right to opt.
They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property.
ARTICLE 34.
Subject to any agreements which it may be necessary to conclude between the Governments exercising authority in the countries detached from Turkey and the Governments of the countries where the persons concerned are resident, Turkish nationals of over eighteen years of age who are natives of a territory detached from Turkey under the present Treaty, and who on its coming into force are habitually resident abroad, may opt for the nationality of the territory of which they are natives, if they belong by race to the majority of the population of that territory, and subject to theconsent of the Government exercising authority therein. This right of option must be exercised within two years from the coming into force of the present Treaty.
ARTICLE 35.
The Contracting Powers undertake to put no hindrance in the way of the exercise of the right which the persons concerned have under the present Treaty, or under the Treaties of Peace concluded with Germany, Austria, Bulgaria or Hungary, or under any Treaty concluded by the said Powers, other than Turkey, or any of them, with Russia, or between themselves, to choose any other nationality which may be open to them.
ARTICLE 36.
For the purposes of the provisions of this Section, the status of a married woman will be governed by that of her husband, and the status of children under eighteen years of age by that of their parents.
SECTION III. PROTECTION OF MINORITIES. ARTICLE 37.
Turkey undertakes that the stipulations contained in Articles 38 to 44 shall be recognised as fundamental laws, and that no law, no regulation, nor official action shall conflict or interfere with these stipulations, nor shall any law, regulation, nor official action prevail over them.
ARTICLE 38.
The Turkish Government undertakes to assure full and complete protection of life and liberty to ali inhabitants of Turkey without distinction of birth, nationality, language, race or religion.
All inhabitants of Turkey shall be entitled to free exercise, whether in public or private, of any creed, religion or belief, the observance of which shall not be incompatible with public order and good morals.
Non-Moslem minorities will enjoy full freedom of movement and of emigration, subject to the measures applied, on the whole or on part of the territory, to all Turkish nationals, and which may be taken by the Turkish Government for national defence, or for the maintenance of public order.
ARTICLE 39.
Turkish nationals belonging to non-Moslem minorities will enjoy the same civil and political rights as Moslems.
All the inhabitants of Turkey, without distinction of religion, shall be equal before the law.
Differences of religion, creed or confession shall not prejudice any Turkish national in matters relating to the enjoyment of civil or political rights, as, for instance, admission to public employments, functions and honours, or the exercise of professions and industries.
No restrictions shall be imposed on the free use by any Turkish national of any language in private intercourse, in commerce, religion, in the press, or in publications of any kind or at public meetings.
Notwithstanding the existence of the official language, adequate facilities shall be given to Turkish nationals of non-Turkish speech for the oral use of their own language before the Courts.
ARTICLE 40.
Turkish nationals belonging to non-Moslem minorities shall enjoy the same treatment and security in law and in fact as other Turkish nationals. In particular, they shall have an equal right to establish, manage and control at their own expense, any charitable, religious and social institutions, any schools and other establishments for instruction and education, with the right to use their own language and to exercise their own religion freely therein.
ARTICLE 41.
As regards public instruction, the Turkish Government will grant in those towns and districts, where a considerable proportion of non-Moslem nationals are resident, adequate facilities for ensuring that in the primary schools the instruction shall be given to the children of such Turkish nationals through the medium of their own language. This provision will not prevent the Turkish Government from making the teaching of the Turkish language obligatory in the said schools.
In towns and districts where there is a considerable proportion of Turkish nationals belonging to non-Moslem minorities, these minorities shall be assured an equitable share in the enjoyment and application of the sums which may be provided out of public funds under the State, municipal or other budgets for educational, religious, or charitable purposes.
The sums in question shall be paid to the qualified representatives of the establishments and institutions concerned.
ARTICLE 42.
The Turkish Government undertakes to take, as regards non-Moslem minorities, in so far as concerns their family law or personal status, measures permitting the settlement of these questions in accordance with the customs of those minorities.
These measures will be elaborated by special Commissions composed of representatives of the Turkish Government and of representatives of each of the minorities concerned in equal number. In case of divergence, the Turkish Government and the Council of the League of Nations will appoint in agreement an umpire chosen from amongst European lawyers.
The Turkish Government undertakes to grant full protection to the churches, synagogues, cemeteries, and other religious establishments of the above-mentioned minorities. All facilities and authorisation will be granted to the pious foundations, and to the religious and charitable institutions of the said minorities at present existing in Turkey, and the Turkish Government will not refuse, for the formation of new religious and charitable institu- tions, any of the necessary facilities which are guaranteed to other private institutions of that nature.
ARTICLE 43.
Turkish nationals belonging to non-Moslem minorities shall not be compelled to perform any act which constitutes a violation of their faith or religious observances, and shall not be placed under any disability by reason of their refusal to attend Courts of Law or to perform any legal business on their weekly day of rest.
This provision, however, shall not exempt such Turkish nationals from such obligations as shall be imposed upon all other Turkish nationals for the preservation of public order.
ARTICLE 44.
Turkey agrees that, in so far as the preceding Articles of this Section affect non-Moslem nationals of Turkey, these provisions constitute obligations of international concern and shall be placed under the guarantee of the League of Nations. They shall not be modified without the assent of the majority of the Council of the League of Nations. The British Empire, France, Italy and Japan hereby agree not to withhold their assent to any modification in these Articles which is in due form assented to by a majority of the Council of the League of Nations.
Turkey agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction or danger of infraction of any of these obligations, and that the Council may thereupon take such action and give such directions as it may deem proper and effective in the circumstances.
Turkey further agrees that any difference of opinion as to questions of law or of fact arising out of these Articles between the Turkish Government and any one of the other Signatory Powers or any other Power, a member of the Council of the League of Nations, shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations. The Turkish Government hereby consents that any such dispute shall, if the other party thereto demands, be referred to the Permanent Court of International Justice. The decision of the Permanent Court shall be final and shall have the same force and effect as an award under Article 13 of the Covenant.
ARTICLE 45.
The rights conferred by the provisions of the present Section on the non-Moslem minorities of Turkey will be similarly conferred by Greece on the Moslem minority in her territory.
FINANCIAL CLAUSES. SECTION I. OTTOMAN PUBLIC DEBT. ARTICLE 46.
The Ottoman Public Debt, as defined in the Table annexed to the present Section, shall be distributed under the conditions laid down in the present Section between Turkey, the States in favour of which territory has been detached from the Ottoman Empire after the Balkan wars of 1912-13, the States to which the islands referred to in Articles 12 and 15 of the present Treaty and the territory referred to in the last paragraph of the present Article have been attributed, and the States newly created in territories in Asia which are detached from the Ottoman Empire under the present Treaty. All the above St ates shall also participate, under the conditions laid down in the present Section, in the annual charges for the service of the Ottoman Public Debt from the dates referred to in Article 53.
From the dates laid down in Article 53, Turkey shall not be held in any way whatsoever responsible for the shares of the Debt for which other States are liable.
For the purpose of the distribution of the Ottoman Public Debt, that portion of the territory of Thrace which was under Turkish sovereignty on the 1st August, 1914, and lies outside the
boundaries of Turkey as laid down by Article 2 of the present Treaty, shall be deemed to be detached from the Ottoman Empire under the said Treaty.
ARTICLE 47.
The Council of the Ottoman Public Debt shall, within three months from the coming into force of the present Treaty, determine, on the basis laid down by Articles 50 and 51, the amounts of the annuities for the loans referred to in Part A of the Table annexed to the present Section which are payable by each of the States concerned, and shall notify to them this amount.
These States shall be granted an opportunity to send to Constantinople delegates to check the calculations made for this purpose by the Council of the Ottoman Public Debt.
The Council of the Debt shall exercise the functions referred to in Article 134 of the Treaty of Peace with Bulgaria of the 27th November, 1919.
Any disputes which may arise between the parties concerned as to the application of the principles laid down in the present Article shall be referred, not more than one month after the notification referred to in the first paragraph, to an arbitrator whom the Council of the League of Nations will be asked to appoint; this arbitrator shall give his decision within a period of not more than three months. The remuneration of the arbitrator shall be determined by the Council of the League of Nations, and shall, together with the other expenses of the arbitration, be borne by the parties concerned. The decisions of the arbitrator shall be final. The payment of the annuities shall not be suspended by the reference of any disputes to the above-mentioned arbitrator.
ARTICLE 48.
The States, other than Turkey, among which the Ottoman Public Debt, as defined in Part A of the Table annexed to this Section is attributed, shall, within three months from the date on which they are notified, in accordance with Article 47, of their respective shares in the annual charges referred to in that Article, assign to the Council of the Debt adequate security for the payment of their share. If such security is not assigned within the above-mentioned period, or in the case of any disagreement as to the adequacy of the security assigned, any of the Governments signatory to the present Treaty shall be entitled to appeal to the Council of the League of Nations.
The Council of the League of Nations shall be empowered to entrust the collection of the revenues assigned as security to international financial organisations existing in the countries (other than Turkey) among which the Debt is distributed. The decisions of the Council of the League of Nations shall be final.
ARTICLE 49
Within one month from the date of the final determination under Article 47 of the amount of the annuities for which each of the States concerned is liable, a Commission shall meet in Paris to determine the method of carrying out the distribution of the nominal capital of the Ottoman Public Debt as defined in Part A of the Table annexed to this Section. This distribution shall be made in accordance with the proportions adopted for the division of the
annuities, and account shall be taken of the terms of the agreements governing the loans and of the provisions of this Section.
The Commission referred to in the first paragraph shall consist of a representative of the Turkish Government, a representative of the Council of the Ottoman Public Debt, a representative of the debt other than the Unified Debt and the Lots Turcs; each of the Governments concerned shall also be entitled to appoint a representative. All questions in regard to which the Commission may be unable to reach agreement shall be referred to the arbitrator referred to in the fourth paragraph of Article 47.
If Turkey shall decide to create new securities in respect of her share, the distribution of the capital of the Ottoman Public Debt shall be made in the first instance as it affects Turkey by a Committee consisting of the representative of the Turkish Government, the representative of the Council of the Ottoman Public Debt and the representative of the debt other than the Unified Debt and the Lots Turcs. The new securities shall be delivered to the Commission, which shall ensure their delivery to the bondholders upon such terms as will provide for the release of Turkey from liability and the rights of the bondholders towards the other States which are liable for a share of the Ottoman Public Debt. The securities issued in respect of the share of each State in the Ottoman Public Debt shall be exempt in the territory of the High Contracting Parties from all stamp duties or other taxes which would be involved by such issue.
The payment of the annuities for which each of the States concerned is liable shall not be postponed as a consequence of the provisions of the present Article in regard to the distribution of the nominal capital.
ARTICLE 50.
The distribution of the annual charges referred to in Article 47 and of the nominal capital of the Ottoman Public Debt mentioned in Article 49 shall be effected in the following manner:
(1) The loans prior to the 17th October, 1912, and the annuities of such loans shall be distributed between the Ottoman Empire as it existed after the Balkan wars of 1912-13, the Balkan States in favour of which territory was detached from the Ottoman Empire after those wars, and the States to which the islands referred to in Articles 12 and 15 of the present Treaty have been attributed; account shall be taken of the territorial changes which have taken place after the coming into force of the treaties which ended those wars or subsequent treaties.
(2) The residue of the loans for which the Ottoman Empire remained liable after this first distribution and the residue of the annuities of such loans, together with the loans contracted by that Empire between the 17th October, 1912, and the 1st November, 1914, and the annuities of such loans shall be distributed between Turkey, the newly created States in Asia in favour of which a territory has been detached from the Ottoman Empire under the present Treaty, and the State to which the territory referred to in the last paragraph of Article 46 of the said Treaty has been attributed.
The distribution of the capital shall in the case of each loan be based on the capital amount outstanding at the date of the coming into force of the present Treaty.
ARTICLE 51 .
The amount of the share in the annual charges of the Ottoman Public Debt for which each State concerned is liable in conse- quence of the distribution provided for by Article 50 shall be determined as follows:
(I) As regards the distribution provided for by Article 50 (1), in the first place the share of the islands referred to in Articles 12 and 15 and of the territories detached from the Ottoman Empire after the Balkan wars, taken together, shall be fixed. The amount of this share shall bear the same proportion to the total sum of the annuities to be distributed in accordance with Article 50 (1) as the average total revenue of the above mentioned islands and territories, taken as a whole, bore to the average total revenue of the Ottoman Empire in the financial years 1910-1911 and 1911-1912, including the proceeds of the customs surtaxes established in 1907.
The amount thus determined shall then be distributed among the States to which the territories referred to in the preceding paragraph have been attributed, and the share for which each of these States will thus be made liable shall bear the same proportion to the total amount so distributed as the average total revenue of the territory attributed to each State bore in the financial years 1910-11 and 1911-12 to the average total revenue of the territories detached from the Ottoman Empire after the Balkan Wars and the islands referred to in Articles 12 and 15. In calculating the revenues referred to in this paragraph, customs revenues shall be excluded.
(2) As regards the territories detached from the Ottoman Empire under the present Treaty (including the territory referred to in the last paragraph of Article 46), the amount of the share of each State concerned shall bear the same proportion to the total sum of the annuities to be distributed in accordance with Article 50 (2) as the average total revenue of the detached territory (including the proceeds of the Customs surtax established in 1907) for the financial years 1910-11 and 1911-12 bore to the average total revenue of the Ottoman Empire, excluding the territories and islands referred to in paragraph (I) of this Article.
ARTICLE 52.
The advances referred to in Part B of the Table annexed to the present Section shall be distributed between Turkey and the other States referred to in Article 46 under the following conditions:
(I) As regards the advances referred to in the Table which existed on the 17th October, 1912, the capital amount, if any, outstanding at the date of the coming into force of the present Treaty, together with the interest from the dates mentioned in the first paragraph of Article 53 and the repayments made since those dates, shall be distributed in accordance with the provisions of Article 50 (I) and Article 51 (1).
(2) As regards the amounts for which the Ottoman Empire remains liable after the first distribution and the advances referred to in the Table which were contracted by the said Empire between the 17th October, 1912, and the 1st November, 1914, the capital amount, if any, outstanding at the date of the coming into force of the present Treaty, together with the interest from the 1st March, 1920, and the repayments made since that date, shall be distributed in accordance with the provisions of Article 50 (2) and Article 51 (2).
The Council of the Ottoman Public Debt shall, within three months from the coming into force of the present Treaty, determine the amount of the share in these advances for which each of the States concerned is liable, and notify them of such amount.
The sums for which States other than Turkey are liable shall be paid by those States to the Council of the Debt and shall be paid by the Council to the creditors, or credited to the Turkish Government up to the amount paid by Turkey, by way of interest or repayment, for the account of those States.
The payments referred to in the preceding paragraph shall be made by five equal annuities from the coming into force of the present Treaty. Such portion of these payments as is payable to the creditors of the Ottoman Empire shall bear interest at the rates laid down in the contracts governing the advances; the portion to be credited to the Turkish Government shall be paid without interest.
ARTICLE 53.
The annuities for the service of the loans of the Ottoman Public Debt (as defined in Part A of the Table annexed to this Section) due by the States in favour of which a territory has been detached from the Ottoman Empire after the Balkan wars, shall be payable as from the coming into force of the treaties by which the respective territories were transferred to those States. In the case of the islands referred to in Article 12, the annuity shall be payable as from the 1st/14th November, 1913, and, in the case of the islands referred to in Article 15, as from the 17th October, 1912.
The annuities due by the States newly created in territories in Asia detached from the Ottoman Empire under the present Treaty, and by the State to which the territory referred to in the last paragraph of Article 46 has been attributed, shall be payable as from the 1st March, 1920.
ARTICLE 54.
The Treasury Bills of 1911, 1912 and 1913 included in Part A of the Table annexed to this Section shall be repaid, with interest at the agreed rate, within ten years from the dates fixed by the contracts.
ARTICLE 55.
The States referred to in Article 46, including Turkey, shall pay to the Ottoman Debt Council the amount of the annuities required for the service of their share of the Ottoman Public Debt (as defined in Part A of the Table annexed to this Section) to the extent that such annuities have remained unpaid as from the dates laid down by Article 53. This payment shall be made, without interest, by means of twenty equal annuities from the coming into force of the present Treaty.
The amount of the annuities paid to the Council of the Debt by the States other than Turkey shall, to the extent that they represent payments made by Turkey for the account of those States, be credited to Turkey on account of the arrears with which she is debited.
ARTICLE 56.
The Council of the Administration of the Ottoman Public Debt shall no longer include delegates of the German, Austrian and Hungarian bondholders.
ARTICLE 57.
Limits of time fixed for the presentation of coupons of or claims for interest upon the loans and advances of the Ottoman Public Debt and the Turkish Loans of 1855, 1891 and 1894 secured on the Egyptian tribute, and the limits of time fixed for the presentation of securities of these loans drawn for repayment, shall, on the territory of the High Contracting Parties, be considered as having been suspended from the 29th October, 1914, until three months after the coming into force of the present Treaty.
ANNEX I TO SECTION I.
Table of the Ottoman Pre-War Public Debt (November 1, 1914).
Part A.
Loan
Date of Contract
Interest%
Date of Re-demption
Bank of Issue
1
2
3
4
5
Unified Debt
1-14.9.1903-- 8-21.6.1906
4
Lots turcs
5.1.1870
Osmanie
18-30.4.1890
4
1931
Imperial Ottoman Bank
Tombac priority
26.4-8.5.1893
4
1954
Imperial Ottoman Bank
40,000,000fr (Oriental Railways)
I-13.3.1894
4
1957
Deutsche Bank and its group, Including InternationalBank and two French banks.
5%, 1896
29.2-12.3.1896
5
1946
Imperial Ottoman Bank
Customs, 1902
17-29.5.1886- 28.9-11.10.1902
4
1958
Imperial Ottoman Bank
4%, 1903 (Fisheries)
3.10.1888-21.2-6.3.1903.
4
1958
Deutsche Bank
Bagdad, Series 1
20.2-5.3.1903
4
2001
Deutsche Bank
4%, 1904
4-17.9.1903
4
1960
Imperial Ottoman Bank
4%, 1901-1905
21.11-4.12.1901-6.11.1903-25.4-8.5.1905
4
1961
Imperial Ottoman Bank
Tedjhizat-Askerie
4-17.4.1905
4
1961
Deutsche Bank
Bagdad, Series II
20.5-2.6.1908
4
2006
Deutsche Bank
Bagdad, Series III
20.5-2.6.1908
4
2010
Deutsche Bank
4%, 1908
6-19.9.1908
4
1965
Imperial Ottoman Bank
4%, 1909
30.9-13.10.1909
4
1950
Imperial Ottoman Bank
Soma-Panderma
20.11-3.12.1910
4
1992
Imperial Ottoman Bank
Hodeida-Sanaa
24.2-9.3.1911
4
2006
Banque francaise
Customs 1911
27.10-9.11.1910
4
1952
Deutsche Bank and its group
Plain of Koniah irrigation
5-18.1913
1932
Docks, arsenals and naval constructions
19.11-2 12.1913
5 1/2
1943
5%, 1914
13-26.4.1914
5
(1962)
Imperial Ottoman Bank
Avance Régie des Tabacs
4.8.1913
Treasury Bills, 5% 1911 (purchase of warships)
13-7.1911
5
1916*
National Bank of Turkey
Treasury Bills, Imperial
8.21.11.1912
6
1915*
Imperial Ottoman Bank
Treasury Bills, 1913 (induding the bills issued directly)
19.1-1.2.1913
5
1918*
Périer and Co.
*See Article 54.
Part B.
Advance
Date of Contract
Interest
Original Nominal Capital £ T.
Bagdad Railway Company
3/16 June, 1908
7
300,000
Lighthouse Administration
5/18 August, 1904
8
55,000
Lighthouse Administration
5/18 July, 1907
7
300,000
Constanza Cable Company
27/9 October, 1904
4
17,335
Tunnel Company
3,000
Orphan's Fund
Various dates
153,147
Deutsche Bank
13/26 August, 1912
5.5
33,000
Lighthouse Administration
3/16 April, 1913
7
500,000
Anatolia Railway Company
23/5 March, 1914
6
200,000
SECTION II. MISCELLANEOUS CLAUSES. ARTICLE 58.
Turkey, on the one hand, and the other Contracting Powers (except Greece) on the other hand, reciprocally renounce all pecuniary claims for the loss and damage suffered respectively by Turkey and the said Powers and by their nationals (including juridical persons) between the 1st August, 1914, and the coming into force of the present Treaty, as the result of acts of war or measures of requisition, sequestration, disposal or confiscation.
Nevertheless, the above provisions are without prejudice to the provisions of Part III (Economic Clauses) of the present Treaty.
Turkey renounces in favour of the other Contracting Parties (except Greece) any right in the sums in gold transferred by Germany and Austria under Article 259 (I) of the Treaty of Peace of the 28th June, I9I9, with Germany, and under Article 210 (I) of the Treaty of Peace of the 10th September, 1919, with Austria.
The Council of the Administration of the Ottoman Public Debt is freed from all liability to make the payments which it was required to make by the Agreement of the 20th June, 1331 (3rd July, 1915) relating to the first issue of Turkish currency notes or by the words inscribed on the back of such notes.
Turkey also agrees not to claim from the British Government or its nationals the repayment of the sums paid for the warships ordered in England by the Ottoman Government which were requisitioned by the British Government in 1914, and renounces all claims in the matter.
ARTICLE 59.
Greece recognises her obligation to make reparation for the damage caused in Anatolia by the acts of the Greek army or administration which were contrary to the laws of war.
On the other hand, Turkey, in consideration of the financial situation of Greece resulting from the prolongation of the war and from its consequences, finally renounces all claims for reparation against the Greek Government.
ARTICLE 60.
The States in favour of which territory was or is detached from the Ottoman Empire after the Balkan wars or by the present Treaty shall acquire, without payment, all the property and possessions of the Ottoman Empire situated therein.
It is understood that the property and possessions of which the transfer from the Civil List to the State was laid down by the Irades of the 26th August, 1324 (8th September, I908) and the 20th April, 1325 (2nd May, I909), and also those which, on the 30th October, 1918, were administered by the Civil List for the benefit of a public service, are included among the property and possessions referred to in the preceding paragraph, the aforesaid States being subrogated to the Ottoman Empire in regard to the property and possessions in question. The Wakfs created on such property shall be maintained.
The dispute which has arisen between the Greek and Turkish Governments relating to property and possessions which have passed from the Civil List to the State and are situated in territories of the former Ottoman Empire transferred to Greece either after the Balkan wars, or subsequently, shall be referred to an arbitral tribunal at The Hague, in accordance with the special protocol No. 2 annexed to the Treaty of Athens of the 1st-4th November, 1913. The terms of reference shall be settled between the two Governments.
The provisions of this Article will not modify the juridical nature of the property and possessions registered in the name of the Civil List or administered by it, which are not referred to in the second and third paragraphs above.
ARTICLE 61.
The recipients of Turkish civil and military pensions who acquire under the present Treaty the nationality of a State other than Turkey, shall have no claim against the Turkish Government in respect of their pensions.
ARTICLE 62.
Turkey recognises the transfer of any claims to payment or repayment which Germany, Austria, Bulgaria or Hungary may have against her, in accordance with Article 261 of the Treaty of Peace concluded at Versailles on the 28th June, 1919, with Germany, and the corresponding articles of the Treaties of Peace of the l0th September, 1919, with Austria; of the 27th November, 1919, with Bulgaria; and of the 4th June, 1920 with Hungary.
The other Contracting Powers agree to release Turkey from the debts for which she is liable on this account.
The claims which Turkey has against Germany, Austria, Bulgaria and Hungary, are also transferred to the aforesaid Contracting Powers.
ARTICLE 63.
The Turkish Government, in agreement with the other Contracting Powers, hereby releases the German Government from the obligation incurred by it during the war to accept Turkish Government currency notes at a specified rate of exchange in payment for goods to be exported to Turkey from Germany after the war.
ECONOMIC CLAUSES. ARTICLE 64.
In this part, the expression "Allied Powers" means the Contracting Powers other than Turkey.
The term "Allied nationals" includes physical persons, companies and associations of the Contracting Powers other than Turkey, or of a State or territory under the protection of one of the said Powers.
The provisions of this Part relating to "Allied nationals" shall benefit persons who without having the nationality of one of the Allied Powers, have, in consequence of the protection which they in fact enjoyed at the hands of these Powers, received from the Ottoman authorities the same treatment as Allied nationals and have, on this account, been prejudiced.
SECTION I. PROPERTY, RIGHTS AND INTERESTS. ARTICLE 65.
Property, rights and interests which still exist and can be identified in territories remaining Turkish at the date of the coming into force of the present Treaty, and which belong to persons who on the 29th October, 1914, were Allied nationals, shall be immediately restored to the owners in their existing state.
Reciprocally, property, rights and interests which still exist and can be identified in territories subject to the sovereignty or protectorate of the Allied Powers on the 29th October, 1914, or in territories detached from the Ottoman Empire after the Balkan wars and subject to-day to the sovereignty of any such Power, and which belong to Turkish nationals, shall be immediately restored to the owners in their existing state. The same provision shall apply to property, rights and interests which belong to Turkish nationals in territories detached from the Ottoman Empire under the present Treaty, and which may have been subjected to liquidation or any other exceptional measure whatever on the part of the authorities of the Allied Powers.
All property, rights and interests situated in territory detached from the Ottoman Empire under the present Treaty, which, after having been subjected by the Ottoman Government to an exceptional war measure, are now in the hands of the Contracting Power exercising authority over the said territory, and which can be identified, shall be restored to their legitimate owners, in their existing state. The same provision shall apply to immovable property which may have been liquidated by the Contracting Power exercising authority over the said territory. All other claims between individuals shall be submitted to the competent local courts.
All disputes relating to the identity or the restitution of property to which a claim is made shall be submitted to the Mixed Arbitral Tribunal provided for in Section V of this Part.
ARTICLE 66.
In order to give effect to the provisions of the first and second paragraphs of Article 65 the High Contracting Parties will, by the most rapid procedure, restore the owners to the possession of their property, rights and interests free from any burdens or encumbrances with which such property, rights and interests may have been charged without the consent of the said owners. It will be the duty of the Government of the Power effecting the restitution to provide for the compensation of third parties who may have acquired the property directly or indirectly from the said Government and who may be injured by this restitution. Disputes which may arise in connection with such compensation shall be dealt with by the ordinary courts.
In all other cases it will be open to any third parties who may be injured to take action against whoever is responsible, in order to obtain compensation.
In order to give effect to these provisions all acts of transfer or other exceptional war measures, which the High Contracting Parties may have carried out in respect of enemy property, rights and interests, shall be immediately cancelled and stayed when liquidation has not yet been completed. Owners who make claims shall be satisfied by the immediate restitution of their property, rights and interests as soon as these shall have been identified.
When at the date of the signature of the present Treaty the property, rights and interests, the restitution of which is provided for in Article 65. have been liquidated by the authorities of one of the High Contracting Parties, that Party shall be discharged from the obligation to restore the said property, rights and interests by payment of the proceeds of the liquidation to the owner. If, on application being made by the owner, the Mixed Arbitral Tribunal provided for by Section V finds that the liquidation was not effected in such conditions as to ensure the realisation of a fair price, it will have the power, in default of agreement between the parties,
to order the addition to the proceeds of the liquidation of such amount as it shall consider equitable. The said property, rights and interests shall be restored if the payment is not made within two months from the agreement with the owner or from the decision of the Mixed Arbitral Tribunal mentioned above.
ARTICLE 67.
Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and Turkey on the other hand undertake mutually to facilitate, both by appropriate administrative measures and by the delivery of all documents relating thereto, the search on their territory for, and the restitution of, movable property of every kind taken away, seized or sequestrated by their armies or administrations in the territory of Turkey, or in the territory of Greece, Roumania or the Serb-Croat-Slovene State respectively, which are actually within the territories in question.
Such search and restitution will take place also as regards property of the nature referred to above seized or sequestrated by German, Austro-Hungarian or Bulgarian armies or administrations in the territory of Greece, Roumania or the Serb-Croat-Slovene State, which has been assigned to Turkey or to her nationals, as well as to property seized or sequestrated by the Greek, Roumanian or Serbian armies in Turkish territory, which has been assigned to Greece, Roumania or the Serb-Croat-Slovene State or to their nationals.
Applications relating to such search and restitution must be made within six months from the coming into force of the present Treaty.
ARTICLE 68.
Debts arising out of contracts concluded, in districts in Turkey occupied by the Greek army, between the Greek authorities and administrations on the one hand and Turkish nationals on the other, shall be paid by the Greek Government in accordance with the provisions of the said contracts.
ARTICLE 69.
No charge, tax or surtax to which, by virtue of the privileges which they enjoyed on the 1st August, 1914, Allied nationals and their property were not subject, shall be collected from Allied subjects or their property in respect of the financial years earlier than the financial year 1922-23.
If any sums have been collected after the 15th May, 1923, in respect of financial years earlier than the financial year 1922-l923, the amount shall be refunded to the persons concerned, as soon as the present Treaty comes into force.
No claim for repayment shall be made as regards sums encashed before the 15th May, 1923.
ARTICLE 70.
Claims based on Articles 65, 66 and 69 must be lodged with the competent authorities within six months, and, in default of agreement, with the Mixed Arbitral Tribunal within twelve months, from the coming into force of the present Treaty.
ARTICLE 71.
The British Empire, France, [taly, Roumania and the Serb-Croat-Slovene State or their nationals having begun claims or suits with regard to their property, rights and interests against the Ottoman Government before the 29th October, 1914, the provisions of this Section will not prejudice such claims or suits.
Claims or suits begun against the British, French, Italian, Roumanian or Serb-Croat-Slovene Governments by the Ottoman Government or its nationals will similarly not be prejudiced. These claims or suits will be continued against the Turkish Government and against the other Governments mentioned in this Article under the conditions existing before the 29th October, I9I4, due regard being had to the abolition of the Capitulations.
ARTICLE 72.
In the territories which remain Turkish by virtue of the present Treaty, property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals, which before the coming into force of the present Treaty have been seized or occupied by the Allied Governments, shall remain in the possession of tlxese Governments until the conclusion of arrangements between them and the German, Austrian, Hungarian and Bulgarian Governments or their nationals who are concerned. If the above-mentioned property, rights and interests have been liquidated, such liquidation is confirmed.
In the territories detached from Turkey under the present Treaty, the Governments exercising authority there shall have power, within one year from the coming into force of the present Treaty, to liquidate the property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals.
The proceeds of liquidations, whether they have already been carried out or not, shall be paid to the Reparation Commission established by the Treaty of Peace concluded with the States concerned, if the property liquidated belongs to the German, Austrian, Hungarian or Bulgarian State. In the case of liquidation of private property, the proceeds of liquidation shall be paid to the owners direct.
The provisions of this Article do not apply to Ottoman limited Companies.
The Turkish Government shall be in no way responsible for the measures referred to in the present Article.
SECTION II . CONTRACTS, PRESCRIPTIONS AND JUDGMENTS. ARTICLE 73.
The following classes of contracts concluded, before the date mentioned in Article 82, between persons who thereafter became enemies as defined in that Article, remain in force subject to the provisions of the contracts and to the stipulations of the present Treaty:
(a) Contracts for the sale of real property, even if all formalities may not have been concluded, provided that delivery did in fact take place before the date on which the parties became enemies as defined in Article 82.
(b) Leases and agreements for leases of land and houses entered into between individuals.
(c) Contracts between individuals regarding the exploitation of mines, forests or agricultural estates.
(d) Contracts of mortgage, pledge or lien.
(e) Contracts constituting companies, excepting "societes en 'nom collectif' " which do not constitute, under the law to which they are subject, an entity separate from that of the persons of which they are composed (partnerships).
(f) Contracts, whatever may be their purpose, concluded between individuals or companies and the State, provinces, municipalities or other similar juridical persons charged with administrative functions.
(g) Contracts relating to family status.
(h) Contracts relating to gifts or bounties of any kind whatever.
This Article cannot be invoked in order to give to contracts a validity different from that which they had in themselves when they were concluded.
It does not apply to concessionary contracts.
ARTICLE 74.
Insurance contracts are governed by the provisions of the Annex to this Section.
ARTICLE 75.
Contracts other than those specified in Articles 73 and 74 and other than concessionary contracts, which were entered into between persons who subsequently became enemies, shall be considered as having been annulled as from the date on which the parties became enemies.
Nevertheless, either of the parties to the contract shall have power, within three months from the coming into force of the present Treaty, to require the execution of the contract, on condition of paying, where the circumstances demand it, to the other party compensation calculated according to the difference between the conditions prevailing at the time when the contract was concluded and those prevailing at the time when its maintenance is required. In default of agreement between the parties, this compensation shall be fixed by the Mixed Arbitral Tribunal.
ARTICLE 76.
The validity of all compromises entered into before the coming into force of the present Treatybetween nationals of the Contracting Powers, parties to contracts specified in Articles 73 to 75, particularly those providing for the cancellation, the maintenance, the methods of execution, or the modification of such contracts, including agreements relating to the currency of payment or the rate of exchange, is confirmed.
ARTICLE 77.
Contracts between Allied and Turkish nationals concluded after the 30th October, I918, remain in force and will be governed by the ordinary law.
Contracts duly concluded with the Constantinople Government between the 30th October, 1918, and the 16th March, I920, also remain in force and will be governed by the ordinary law.
All contracts and arrangements duly concluded after the 16th March, 1920, with the Constantinople Government concerning territories which remained under the effective control of the said Government, shall be submitted to the Grand National Assembly of Turkey for approval, if the parties concerned make application within three months from the coming into force of the present Treaty. Payments made under such contracts shall be duly credited to the party who has made them.
If approval is not granted, the party concerned shall, if the circumstances demand it, be entitled to compensation corresponding to the direct loss which has been actually suffered; such compensation, in default of an amicable agreement, shall be fixed by the Mixed Arbitral Tribunal.
The provisions of this Article are not applicable either to concessionary contracts or
16  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / By-Law on Number Portability on: January 09, 2010, 03:22:48 PM
From Information and Communication Technologies Authority of Turkey, 2nd July 2009

BY-LAW ON NUMBER PORTABILITY

PART ONE

Purpose, Scope, Legal Basis and Definitions

Purpose
Article 1-   (1) The purpose of this By-Law is to define the principles and procedures for implementation of number portability. 
Scope
Article 2-   (1) This By-Law covers the principles and procedures to be applied for the implementation of number portability in electronic communication networks.
Legal Basis
Article 3-   (1) This By-Law is prepared based on Article 6, 12, 31, 32 of Electronic Communication Law Numbered 5809 and dated 11/5/2008.
Definitions
Article 4-   (1) The definitions and abbreviations used in this By-Law have the following meanings:
a)Subscriber : Any natural person or legal entity who or which is party to a contract with a provider of electronic communications services for the supply of such services,
b)Location portability: Changing of location without changing of subscriber number,
c)Recipient Operator: The operator to whom the number is ported in or is in a porting stage,
d)Ministry: Ministry of Transportation,
e)Geographic number: Number, having geographic meaning in the National Numbering Plan and structured  as to ensure the routing of a call to the network termination point,
f)Geographic number portability: Operator number portability provided in  geographic numbers,
g)Non-geographic number: Numbers, not having  geographic meaning in the National Numbering Plan,
h)Non-geographic number portability: Operator number portability provided in non-geographic number,
i)GMPCS: Global Mobile Personal Communication System,
j)Service Portability: Changing of service type without changing of subscriber number,
k)Additional conveyance cost: Additional cost, within the scope of interconnection, incurred to the number block holder due to the additional switching required along with the transmission capacity and other related systems for the calls toward ported numbers compared to the call toward non ported number.
l) Operator: Any legal entity, which has the right to provide electronic communications services and/or to provide electronic communications network and to operate the infrastructure within the framework of authorization,
m)Operator number portability: Changing of operator without changing subscriber number,
n)Law: Electronic Communication Law numbered 5809 and dated    5/11/2008,
o)User: Real or legal person benefiting from the electronic communication services regardless of being a subscriber or not,
p)The Board: Information and Communication Technologies Board,
q)The Authority: Information and Communication Technologies Authority,
r)Mobile number portability: Operator number portability provided  in mobile numbers,
s)  Number: A string or combination of letters or/and digits or symbols that defines the network termination point and routes the call to the respective point that includes the information which may refer to subscriber, application, operator, telecommunication network and/or telecommunication service where relevant,
t) Right of use fee for number : The fee whose minimal value is determined by the Council of Ministers as submitted by the Ministry  upon the proposal of the Authority and , collected during the primary allocations in accordance with the type of number,
u) Announcement time of number porting: The time in which the recipient  network information, date and  time  of porting are announced, in order to assure that the necessary arrangements be made by the operators in their network in connection with the stated number,
v) Number Portability: A facility that enables the subscriber to change its operator, geographical position and/or service type without changing subscriber number,
w) Number portability system: Common Reference Data Base in which the information on ported numbers and respective routing numbers and other relevant information of operators are kept and used also for the exchange of information during porting numbers, together with other relevant information,
x) Number portability routing code: The routing code, allocated by the Authority to the operators, which indicates the recipient network information for the ported number,
y) Number holder: The operator to whom the right of use for number, which is subject to porting, is granted by the Authority,
z) System set-up cost: The expenses of an operator derived from the renovation, modification, software and hardware upgraded of his network and systems, etc. in order to provide number portability service and/or make a call to the ported numbers and other similar expenses together with the expenses derived from the testing procedures  between the operators,
aa)Tariff transparency: Informing and/or warning the calling user for the calls made to ported number,
bb) Checking period of porting request: The period in which the recipient operator send the porting request to donor operator for checking and donor operator’s reply to recipient operator upon his check for the information of subscriber requesting for port,
cc)Submission period of porting request: The period between the application of the subscriber to the recipient operator in order to port his number and submission of such request to the donor operator together with the required information and documents submitted by the recipient operator,
dd)Administrative cost per ported number: Administrative expenses of the donor and recipient operators per ported number and expenses of the relevant operators in connection with the changes of the routing information within the context of the stated number,
ee)National numbering plan: Numbering plan that defines the structures of the numbers which can be divided into parts for providing information on routing, addressing, pricing or service type,
ff)Donor operator: The operator from whom the number is ported or  in a porting stage.


PART TWO
Principles, Rules and Procedures for Number Porting
Principles
ARTICLE 5-    (1) The following basic principles shall be observed in the enforcement of this By-Law:
a)Unless the objective reasons require the opposite, quantitative and qualitative continuity, non-discrimination, orderliness, efficiency, objectivity, openness, transparency and effective use of resources,
b)Number portability applications shall be in accordance with the country conditions, effective and long term solutions,
c)Enabling effective and sustainable competition,
d)Encouraging the practices that the users will benefit easily in reasonable conditions,
e)Protection of consumer rights.

Scope of the number portability
ARTICLE 6-   (1) Geographic numbers, non-geographic numbers and mobile numbers in the National Numbering Plan are within the scope of number portability.
(2) Operator number portability shall be conducted between the fixed electronic communication networks or between the mobile electronic communication networks.
(3) Geographic number portability shall be conducted without changing  the geographic meaning of the number
(4) Obligations, procedure and principles in connection with the location portability and/or service portability may be determined separately by the Authority.
(5) Subscriber numbers used for the GMPCS service are not within the scope of portability.
(6) Other issues specific to number types may be determined by the Authority.
(7) The number allocated to the subscriber shall be within the scope of portability as long as the subscription with the subject number continues.
Application for number porting
ARTICLE 7- (1) Number porting process starts upon the application of a subscriber with the request of number porting to the recipient operator in writing, by calling the customer services, via internet or other ways determined by the Authority. Without any request of the subscriber to this effect, number portability process shall not be initiated for the said subscriber. The subscriber shall apply to  the recipient operator and fill in  a form stating the number to be ported, identity information of the subscriber, donor operator information, contact details and the prefered porting time ; and a subscription agreement is made which will come into force by the actual porting of the number. By the stated application, it shall be deemed that the subscriber authorized the recipient operator for  submission  of the information required for  porting process and the carrying out the porting process by the recipient operator on behalf of him. Recipient operator shall be obliged to deliver the number portability application form of the subscriber along with the copies of the identity information and other relevant information and documents to donor operator electronically.   
(2) In the form to be filed, the subscriber will be informed about the rights and obligations he gets with number porting and the subscriber shall also be informed clearly that his present financial obligations against his current operator will not be terminated with number portability.
(3) Request of subscriber on porting his number means request for termination of his subscription agreement with the donor operator at the same time. The subscription agreement of the subscriber with the recipient operator shall be come into force with the actual porting of the number, and shall begin to have effect as of this date. The subscription agreement of the said subscriber with the donor operator shall be deemed as terminated as of the same date.
(4) The recipient operator submits the porting request  along with the identity information of the subscriber and porting time determined in accordance with the provisions of this By-Law to donor operator though  number portability system. 
Receiving the application and authentication
ARTICLE 8- (1) Following the receipt of the request for porting, the donor operator compare  the identity of the subscriber with its own records and sends  his reply to the recipient operator within the checking period of the porting request by checking  the date and time of requested porting. The stated authentication is made only for the purpose of verifying the number requested for port and the applicant, and apart from this, further information and document which complicate the process shall not be requested from the subscriber or recipient operator. Differences in the records with no doubt on the identity of the subscriber shall be reason for rejection of port.
(2) Within the context of the taken information, in case of the existence of one of the reason  stated in Article 10, donor operator reject  the porting request within the checking period of porting number. Following the receipt of the rejection  together with its reasons, the recipient operator informs the subscriber about this decision along with the respective reasons. In case of the removal of the deficiencies stated in the mentioned reason, application may be renewed.
(3) Operators shall act in a proper manner as depicted in the relevant legislation concerning the confidentiality of the personal information which has been received during number portability process. The information belong to the subscribers shall only be used within the context of number portability. Operators shall not use the information received during the porting process for the purpose of retention of subscriber and cancellation of number porting request.
Realization of number porting
ARTICLE 9- (1) Following the verification of the information made by the donor operator and determination of the porting date and time by the donor  operators, the agreed date and time are announced by the recipient operator to the subscriber who request for port and all relevant operators by the number portability system. This time shall be minimum one (1) and maximum two (2) days after the date that the donor operator sends its respond to the porting request. Until the porting time, operators shall make required changes in their systems in order to be ready for the porting time and date, by taking the information on routing and porting time. Actual porting will be conducted in the determined time that the service interruption is kept at minimum and the porting is conducted to ensure the number to be active on only one operator at the same time.
(2) Subscription agreement between the recipient operator and the subscriber comes into force by the actual porting. The donor operator sends an invoice to the subscriber, for the debts accrued in the period until the porting of the number. The said invoice shall be arranged by deducting the receivables of the subscriber such as deposit or advance payments, etc.
Criteria for rejection  of  number porting
ARTICLE 10- (1) The donor operator shall reject  the number porting request  in the conditions stated below and shall notify the recipient  operator together with the reasons:
a)Number  to be ported belongs to another subscriber,
b)Subscriber requesting for porting has a request to change his number within his existing  operator,
c)Identity information of the subscriber is incorrect or missing which could not be considered for proof of  the identity of the subscriber,
d)Existence of already initiated or still continuing number porting process for the requested number,
 e)  Subscriber requesting for porting has a request in writing for cancellation or transfer of the subscription agreement in the existing operator,
 f)  Subscription agreement with number holder is less than 3 month old.
(2) In addition to the rejection reasons mentioned in clause 1 of this article here above, the Authority may define rejection reasons regarding the geographic and non-geographic number portability.
Withdrawal right of the subscriber
ARTICLE 11- (1) Subscriber may withdraw his request of number porting by applying to the recipient operator any time before the announcement of porting time. In such case, the recipient operator notifies the donor operator about the withdrawal and cancel porting request accordingly.
The period to be applied with the scope of porting period
ARTICLE 12- (1) Within the scope of operator number portability, the periods that the operators are obliged to comply are as stated below.
a)Submission period of the porting request is maximum two (2) days.
b)Checking period of porting request is maximum two (2) days.
c)Announcement period of porting number is minimum one (1) day before the date determined for actual porting.
(2) Authority can make changes in above given periods for mobile, geographic and/or non-geographic number portability and operators are obliged to make the necessary arrangements in their systems accordingly.
Subsequent porting
ARTICLE 13 (1) For the subsequent ports and back porting, porting process stated in this By-Law shall be applied.
   (2) Authority, if necessary, may limit the number of use of number portability service for a subscriber number in a calendar year.

PART THREE
Conditions Concerning Ported Numbers
Usage Conditions
ARTICLE 14- (1) Ported numbers shall be used in compliance with the conditions stated below:
a)Ported numbers shall be used in compliance with the provisions of the relevant legislation and the number category of which they belong to.
b)Right of use fee concerning the ported numbers shall be paid by the number holder.
c)The operator to whom the number is allocated, shall not allocate the ported out number to another subscriber until subscription of the relevant subscriber has been terminated with the recipient operator and the said number have been returned to him.
d)Ported numbers shall not be transferred to another person by the recipient operator.

Return of a ported number
ARTICLE 15- (1) If the subscription agreement between a recipient operator and a subscriber who has ported his number terminated, and if the subscriber does not request to port his number to another operator, recipient operator shall return the said number to number holder at the latest within thirty (30) days. The operator who returned the number shall notify such situation to all other operators within thirty (30) days.

PART FOUR
Obligations of the Operators
 
Obligation of providing number portability
ARTICLE 16- (1) Operators to whom numbering resources mentioned herein clause 1 of article 6 are allocated and who allocate said numbers to its subscribers are obliged to provide number portability in accordance with this By-Law.

Obligation of call routing
ARTICLE 17- (1) Operators, regardless of having obligation for the provision of number portability, are obliged to route the calls originated from them or they carried to ported number correctly towards the recipient operator in accordance with the relevant legislation. Operators may take such services from another operator in compliance with the legislation as they may route the calls within this context directly by their own.
(2) All calls made to the ported numbers shall be routed in such a way that the delay in call set up kept at minimum.
(3) Operators who carry the call to ported numbers from abroad shall be deemed as originating operator of the call and obliged to route the call in accordance with the relevant legislation.
Obligations concerning the tariff transparency
ARTICLE 18- (1) Operators shall be obliged to take all the measures for tariff transparency as determined by the Authority. Operators shall provide a distinctive tone determined by the Authority to the calling subscriber. Instead of the tone obligation, Authority may impose other obligations to the operators for the purpose of consumer protection and tariff transparency in accordance with the relevant legislation.
(2) Furthermore, operators may provide information service to their subscribers via telephone, SMS or announcement through internet concerning the numbers ported in to their network or ported out numbers from their network and the tariffs applied for such numbers.
Obligation of information provision to the Authority
ARTICLE 19- (1) Operator, upon request of the Authority, shall provide below the  information stated below on January and July months of every year concerning the numbers ported out from his network or numbers ported into his network from other networks :
a)Number of ported out numbers from the operator’s network,
b)Number of ported in numbers to operator’s network,
c)Number of subscriber requesting for port from the operator’s network,
d)Number of subscriber requesting for port in to the operator’s network,
e)Amount of rejection for porting request and their reasons,
f)Average porting time conducted from/to the operator’s network.

PART FIVE
Number Portability System

Establishment and operation of number portability system
ARTICLE 20- (1) Number portability system shall be established and/or operated by the Authority or by the operators who demands, in accordance with the Authority regulations The said system shall also be established and/or operated by the operators which are obliged to provide number portability or by the third parties in accordance with the principles and procedures determined by the Authority. The rules concerning the establishment and operation of the said system and the obligations of the operators shall be determined by the Authority. The cost allocation principles may be regulated by the Authority. The operators shall be obliged to make the necessary arrangements in their networks to connect and operate their system in line with the number portability system.
(2) Number portability system is connected to relevant operators’ systems and is used for entering the porting requests, checking the request, keeping the information on ported numbers and routing information along with the exchange of information between the operators and similar transactions.  Number portability system shall not be used by the operators for the query of the called numbers during call set up.   
(3) The principles and procedures concerning the allocation of establishment costs of the number portability system by the operators may be determined by the Authority.

Operation of the number portability system
ARTICLE 21- (1) Operators are responsible for the establishment of the copies of number portability database in their networks, upgrade regularly and operate accordingly. Call queries during call set up are carried out by the operators via database exists in their systems.
(2) Other services and applications to be provided through number portability system are determined by the Authority.
(3) In case of failures in the operators’ systems for number portability,  operators are obliged to take all necessary measures in order to remove the failure and in case of failure in their database records, operators can provide data concerning the ported numbers from other operators or number portability system.
PART SIX
Principles regarding Cost and Fees for
Number Portability
ARTICLE 22- (1) Fees concerning number portability shall be in compliance with the principles stated below:
a)Fees to be reflected to the subscriber directly within the context of number portability shall not impede the subscribers to take such services.
b)Donor operator shall not demand any fee periodically or as one time charge under any name from the subscriber porting the number within the context of number portability.
c)Charges between the operators concerning the number portability are determined within the framework of provisions of related legislation.
Cost items for number portability
ARTICLE 23- (1) Cost items for number portability consists of system set-up cost, administrative cost per ported number and additional conveyance cost.
System set-up cost
ARTICLE 24- (1) Operators shall bear the system set up cost derived from the system tests and modifications to be made in their current systems and installation of software and hardware systems in order to route the calls to the ported numbers or to provide number portability service.
Administrative cost per ported number
ARTICLE 25- (1) Donor operator may recover its administrative cost from the recipient operator through one time charge per ported out number. Such fee is determined by the Authority. In case the Authority decided that the stated fee is not cost-based; the fee shall be determined in a cost-based manner by the Authority. Until the Authority determine the cost-based fee, it may determine an upper limit by considering reasonably the different country examples and the cost structures of the operators. The fees determined by the Authority shall be binding.
(2) Recipient operator may demand a fee from the subscriber porting number to his network that will not impede the subscriber to benefit from such service. The Authority may arrange regulations in connection with such fees to be received from the subscriber if it seems necessary.
(3) Operators shall bear the cost of amendment to be made on routing information for the ported numbers. Costs of the subscriber occupied due to the cancellation of the subscription except number portability are not included as an administrative cost which will be met from the receiver operator by the donor operator.

Additional conveyance cost
ARTICLE 26- (1) Operator originating a call to a ported number shall bear the possible additional conveyance cost.

PART SEVEN
Other Provisions
Number portability routing codes
ARTICLE 27- (1) Number portability routing codes are determined by the Authority and allocated to relevant operators. Operators are obliged to define the allocated routing codes in their networks and make necessary arrangements in order to ensure the routing of calls correctly.
Consumer rights and informing of consumers
ARTICLE 28- (1) Operators shall take all kinds of measures in order to ensure the customers to enjoy from the said services with the best conditions and to reach them to the information about the service easily.
(2) Operators shall inform the customers on the application procedure for number porting, required information and documents during the application, porting period, information on applicable fee for porting and similar issues; and publish such information in the websites.
Quality of Service
ARTICLE 29- (1) Quality of service criteria applied on the numbers, which are not ported, are also applied for the ported numbers.
Settlement of Disputes
ARTICLE 30- (1) In the disputes concerning the access and interconnection fees, the settlement procedure depicted in the By-Law on Access and Interconnection which was published in the Official Gazette dated 14 June 2007 and numbered 26552 shall be applied. For the disputes concerning other fees described in this By-Law, following the operators’ application to the Authority on the disputes which are not settled within thirty (30) days between the operators, the Authority shall require the justified requests and proposals about the fees from the concerned parties in fifteen (15) days. Subsequently, the Authority shall set an upper limit for such fees by considering the said requests and proposals by also taking into consideration the international practices and predicted cost elements.

PART EIGHT
Various and Last Provisions
Administrative sanctions
ARTICLE 31 (1)  In case the activities of the operators  do not comply with the number portability conditions and regulations, administrative fine and other sanctions are implemented in accordance with the article sixty (60) of law.

By-Law abolished
ARTICLE 32 (1) Number Portability By-Law which was published in the Official Gazette dated 1 February 2007 and numbered 26421 has been abolished.

References
ARTICLE 33 (1) References made to the Number Portability By-Law published in the Official Gazette dated 1 February 2007 numbered 26421 shall be deemed as made to this Ordinance.

Commencement date of the enforcement
Provisional article 1 – (1) Operators are obliged to enforce geographic and non geographic number portability until 10 September 2009 and to make the necessary arrangement according to the relevant provisions of this By-Law.
(2) Operators, already implemented number portability before this By-Law came into force, shall be obliged to make the changes arised from this Ordinance until 10 September 2009.

Entry into force
ARTICLE 34 – (1) This Ordinance shall come into force on the date of publication.

Execution
ARTICLE 35 – The provisions of this By-Law shall be executed by the Chairman of the Board.
17  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / Regulation on the Devices with Electronic Identity on: January 09, 2010, 03:18:28 PM
From the Telecommunication Authority,

Regulation on the devices with Electronic Identity

Purpose
Article 1- The purpose of this Regulation is to regulate the procedures and rules applicable to
the use of devices, or equipment, with electronic identity as well as operators' responsibilities
in connection therewith.
Scope
Article 2- This Regulation lays down the responsibilities of operators acting in accordance
with the provisions of the Telegram and Telephone Law No. 406 dated 4/2/1924 and Wireless
Law No. 2813 dated 5.4.1983 and users of devices with electronic identity.
Devices of international roaming subscribers, including Turkish Republic of Northern Cyprus,
which are not included in the white list, are out of the scope of this Regulation. IMSI-IMEI
matching and leaving outside the lists shall be under the responsibility of the operator.
Legal Basis
Article 3 - This Regulation is issued on the basis of Article 33 of the Wireless Law No. 2813.
Definitions
Article 3 – For the purposes of this Regulation,
‘Subscriber Identity and Communication Information’ means allocated devices by
operator agency belonging to legal entity or real person or public agency or entity delivering
electronic communication service SIM card to GSM and containing private information
USIM to UMTS,
‘Period of application’ means the period until 13.12.2005 date indicated in provisional
article 6 of the Law
‘White List’ means updated list produced by Authority on electronic identity
information of devices permitted to be supplied in the market.
‘Device’ means the equipment or its component connected directly or indirectly to the
wireless and/or electronic communication network.
‘Electronic Communication’ means the transmission, emission and reception through
cable, wireless, optical, electric, magnetic, electro magnetic, electro chemical, electro mechanic and
other transmission systems of all kinds of sign, symbol, voice and image and all kinds of data which
can be converted into electric signals,
‘Electronic Identity Information’ means the identity assigned to the wireless devices as
a single and unique identifier,
‘Grey List’ means updated list produced by operator on electronic identity information
of devices other than white and black list
‘IMSI’ stands for International Mobil Subscription Identity
‘Operator’ means a capital company which provides telecommunication (electronic
communications) services and/or operates telecommunication infrastructure under an authorisation,
‘the Law’ means the Wireless Law No. 2813 dated 5.4.1983.
‘Black List’ means updated list produced by Authority for the devices whose identity
information is changed as well as lost, smuggled and stolen devices.
‘the Authority’ means the Telecommunication Authority,
‘the Board’ means Telecommunication Board,
‘CEIR’ means Central Equipment Identity Register.
‘IMEI’ means the International Mobil Device Identity
Security of the subscriber and device identity information
Article 5- Operator or its duly authorized representative shall, in the course of subscriber
registration, issue a full subscription agreement that is drawn up in accordance with the
Regulation on the Rights of Consumers within the Telecommunications Sector published in
the Offficial Gazette Issue No. 25678 dated 22.12.2004; and shall have the obligation to keep
one of copy of the following documents with the said agreement:
a) For individual subscriptions, identity card, driver’s license, press card, lawyer’s
ID, military ID or any workplace ID of public servants, Marriage Certificate or
passport,
b) For institutional subscriptions, identity card or driver’s license and a certificate of
signature of the authorized person,
c) For foreigners’ subscription, passport, seafarer’s certificate or NATO ID with
appropriate validity periods.
Article 6- Operators shall have the obligation to;
a) disable the devices included in the black list; and as of the end of period of
application after the matching, send, on a daily basis, to CEIR address, title, full address,
subscriber ID and communication information and the date and place of the use of the device,
which information is to serve as a basis for a Crime Report by the Authority with the Chief
Public Prosecutor against those who attempt to use such devices,
b) prepare the grey list and send CEIR the IMEI information of these devices on the
first day of every week, except official holidays, and send its subscriber a short message that
the device is not included in the white list. Once devices the devices in the grey list are found
to be smuggled, cloned articles or to have changed electronic identity, operators are obliged to
send, on a weekly basis, to CEIR address, title, full address, subscriber ID and communication
information and the date and place of the use of the device, which information is to serve as a
basis for a Crime Report by the Authority with the Chief Public Prosecutor against those who
attempt to use such devices.
c) With consideration to the Authority’s identification of the devices with changed
electronic identity information and listing the same in the CEIR, operators shall have the
obligation to send CEIR, on a weekly basis, the following information (after matching):
1) after identifying the devices with changed electronic identity in its own network,
name, title and full address, subscription ID and communication information of the subscriber
using devices with changed electronic identity as well as date and location of the use of the
device,
2) with a view to the identification of devices with changed electronic identity in all
networks, IMEI, subscriber identity and communication information of all subscribers within
a certain period of time to be set and notified by the Authority to operators as well as date and
location information.
Article 7- Subscribers shall send a short message to the Authority’s information and call
center and thus be registered, so that their devices can be disabled in case that they are stolen,
looted, lost or taken away due to any reason beyond his/her control.
Subscribers who wish to disable their devices which are taken away from them out of their
control shall:
a) call directly the call center, if they have been already registered with the Authority’s
information and call center, or
b) make an application by the agency of Public Prosecutors, if they have not been registered
with the Authority’s information and call center.
Other issues
Article 8- As regards marks and models of devices approved by the Authority, which are not
registered with the Authority but whose electronic identity information is not altered, device
owners or users in possession of the device’s invoice may file an application with the
Authority or Authority’s regional directorates in person or by mail, and register their devices
in the white list without paying any registration fees.
Owners or users of devices with electronic identity information brought from abroad by
passengers or upon a final return or imported individually shall be obliged to have their device
information registered with the subscriber registration centers of operators, and operators, in
turn, shall be obliged to send the updated device information to CEIR so as to be registered in
the white list, provided that the devices’ identity information is not changed and device
models and trademarks are approved by the Authority.
Those models and trademarks of devices with electronic identity, which are found to be
imported or mailed by way of smuggling, without permission and through illegal ways after
12.7.2005 and thus found to be unregistered with the Authority or are not approved by the
Authority shall be disconnected from electronic communications networks, and disabled as of
the end of the period of application, and an application for legal prosecution shall be lodged
by the Authority with the Chief Public Prosecutor.
Provisional Article 1- Operators shall send at least two short messages to subscribers found
to have been using devices with changed electronic identity or unregistered devices within
fifteen days of the date of publication of the Regulation and by the end of the period of
application laid down in the Law. They shall also ensure that IMEI numbers of devices
detected to have changed electronic identity information are corrected by the organizations
designated by the Authority and are registered in the white list of the Authority.
Provisional Article 2- Operators or agencies acceptable to the Authority shall transfer four
YTL out of five YTL, to be collected from both devices with changed electronic identity and
unregistered devices, to Authority accounts within ten days of such collection.
Provisional Article 3- Those device owners or users who are found not to have their devices
registered with the Authority before the entry into force of the Law because of force majeure
such as staying abroad, medical treatment, imprisonment, etc. shall prove their situation in
documents, file an application with the Authority or Authority’s regional directorates directly
or by mail, and have their devices registered in the white list for a registration fee of five
YTL.
Provisional Article 4- Devices included in the black list upon court orders within the period
of application may not enjoy Provisional articles 1 and 2 of Article 8 of this Regulation.
Provisional Article 5- If within the period of application the information in the Authorities’
and organizations’ requests for legal prosecution contradicts with the electronic identity
information in the black list, the operator shall not disconnect the device whose IMEI number
is in the black list from the communication network; and connection of the device shall be
broken after the legal prosecution comes to an end.
Entry in force
Article 9- This regulation shall enter in force on the date of publication.
Enforcement
Article 10- Provision of this regulation shall be enforced by the President of the Board.
18  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / Privacy in Turkish Telecommunication Sector on: January 09, 2010, 03:16:21 PM
Ordinance on Personal Information Processing and Protection of Privacy in The Telecommunications Sector

PART ONE
General Provisions
Purpose and Scope
Article 1- The purpose of this ordinance is to define the procedures and principles
related to guaranteeing personal information processing and protection of privacy in the
telecommunications sector.
This ordinance covers real and legal persons providing or using services in the
telecommunications sector.
Legal Basis
Article 2- This Ordinance is prepared on the basis of Telegram and Telephone Law No:
406 of 4/2/1924 and Wireless Law No: 2813 of 15/4/1983.
Definitions
Article 3- The definitions and abbreviations used in this Ordinance have the following
meanings;
a) Board: Telecommunications Board,
b) Authority: Telecommunications Authority,
c) Subscriber: The real or legal person who signs a agreement with an operator
providing telecommunication services to benefit from a related service,
d) Buyer: All kinds of real or legal persons and all kinds of public organizations
which have accessible personal information except the organizations which have
personal information only accessible by means of official ways,
e) Call: A connection used for communication performed by using a public
telecommunication service,
f) Interconnection: Contact between two different telecommunication networks to
perform the telecommunications traffic,
g) Electronic Mail: A written, voice or image message sent over network which can
be stored in network or terminal equipment of buyer before the moment which the
telecommunication service user takes it,
h) Operator: Profit oriented firm including Türk Telekom which provides
telecommunication services using a duty agreement, privilege agreement and/or
license or general permission,
i) Making Anonymous: Hiding the appearance or view of private information
about the calling or called party,
j) Value Added Telecommunication Services: Telecommunication services
performing computer or other processes over the form, content, code, protocol and
similar matters of each kind of message including the voice and data transmitted
between subscribers and conveying a different or a restructured message to the
user of subscriber or Telecommunication services providing transmission between
subscribers by means of loaded or saved messages and data,
k) Personal Information/Data: Any information related with real and/or legal
persons which can be defined directly or indirectly by using one or more elements
of identity card number or physical, psychological, intellectual, economic, cultural
and social identities or health related, genetic, ethnic, religious, family related and
political information,
l) Personal Information Processing: Automatically or not, any process or a sum of
processes which are performed over personal information by gathering, saving,
preparing, adopting, changing, calling back, consulting, using, making known by
transferring, broadcasting or making accessible by means of any other way,
arranging, merging, blocking and erasing,
m) Short Message: A service that creates the opportunity of sending and receiving
written short messages to the user using a telecommunications equipment,
n) User: Real or legal persons, whether they are subscriber or not, benefiting from
telecommunications services,
o) Network: The net of any communications system including switching equipment
and lines used for providing telecommunications between one or more locations,
p) Traffic Data: Any processed data for billing or the transmission of
communication,
q) Telecommunications: Sending and receiving each kind of sign, symbol, voice and
picture and each kind of data that can transformed to electrical signal by means of
cable, radio, optical, electric, magnetic, electro-magnetic, electro-chemical,
electro-mechanic and other ways,
r) Telecommunication Service: Providing the whole or partial activities as services
which are contained in the definition of Telecommunications.
s) Third Party: Public organizations and any type of real or legal persons or the
persons related with data, any organization or person except the ones authorized
for processing the data under the supervisory of Authority or operator,
t) Location Data: Any kind of data processed in the network to determine the
location of telecommunications equipment that is belonging to a publicly open
telecommunications service.

PART TWO
Basis of Application
Application
Article 4- This ordinance is used for personal information processing and protection of
privacy related with providing telecommunications service in networks.
Application Scope
Article 5- Article 12, 13, 14 and 18 of this ordinance is only applied for the subscribers
who benefit from the service using digital telephone exchanges and suitable signaling systems.
If it is technically impossible or too expensive to apply this article, operators inform
Authority about this situation with a justification. If the Authority determines that the
situation brings technical impossibility or extra financial burden. These articles are not put
into practice.

Security
Article 6- Operators shall take the approval of Authority for the technical and structural
measures of network security which are aimed at providing the security of their services.
Informing About The Risks
Article 7- If there is a possibility of violation in the security of network creating
extraordinary risks which are beyond the measures taken by the operator, operators shall
immediately inform the subscribers about the risks and the ways of eliminating them.
Secrecy of Telecommunications
Article 8- Listening, saving, keeping, stopping and supervision of telecommunications
by third parties is strictly prohibited without the permission of all the parties involving in
communication except the cases depending on laws and court orders.
Saving, keeping and supervision of related traffic data in a way that is not consistent
with the service aims is also strictly prohibited.

PART THREE
Traffic Data
Approval and Period
Article 9- If the subscribers or users approve the usage of their personal data for
marketing telecommunication services or providing value added service, operators can only
process these data in the period required for marketing. Subscribers and users can always
cancel their approval for the processing of their data.
Operators shall inform subscribers or users about the period and type of process for
marketing or providing value added services.
Authorization To Process Traffic Data
Article 10- Authorization to process traffic data belongs to people authorized by
operators and people performing billing, organizing traffic, working for customer
relationships, determining illegal act, marketing electronic telecommunications services and
providing value added services.
Informing Authorities
Article 11- Traffic data can be given to a court or a real or legal authority in charge of
solving the problems related with interconnection, billing or similar disagreements.
Itemized Billing
Article 12- Subscribers have a right to obtain itemized or unitemized bills according to
their demands.
Prevention Of Revealing The Identity Of Caller Party
Article 13 – Operator shall enable the user who makes the call to prevent the calling
line’s identity from being disclosed, by a simple method and without charging any money for it.

Barring Connection Of The Caller’s Line
Article 14 – Where identity of the caller line is hidden, operator enables the subscriber
who is called to refuse upcoming calls by a simple method and free of charge.
Location Data
Article 15 – Where, in connection with users and subscribers of telecommunication,
location data can also be processed other than traffic data, such data may only be processed in
a scope and time in which subscribers and users are made anonymous or time that is required
for provision of a value-added service, and by agreement of subscribers and users. Prior to
obtaining such agreement, operator has to inform users and subscribers of type of location
data other than traffic data, time and purpose of the processing and whether it shall be sent to
third parties for the purpose of providing value-added service. Users and subscribers shall
always be free to withdraw their consent to processing location data.
Provisional Refusal
Article 16 – When approval is obtained with regard to processing of location data of
users or subscribers, such users and subscribers shall be furnished with the ability to
provisionally refuse processing of such data for each connection to the network and/ or
telecommunication transmission, by a simple method and free of charge.
Limitation To Number Of Persons
Article 17 – Processing of location data other than traffic data is limited to the persons
under the authority of the network and/ or operator or the third parties that provide valueadded
service. However, such limitation should be made according to the nature of provision
of value-added service and to an extent entailed by its purpose.
Exceptional Situations
Article 18 – Operators pursue a transparent policy in the following exceptional
situations:
a) Where identity of caller line is provisionally disclosed upon application by subscriber
for the purpose of surveilling ill intentioned or disturbing calls, information containing
identity of calling subscriber should be kept and made accessible by the network and/
or operators in conformity with the legislation.
b) In order to enable governmentally-recognized authorities and agencies to respond to
emergency calls, including security forces, ambulance and firefighting services,
information including location data and identity of the caller line for disclosure or
processing of caller line shall be kept and made accessible, on a single-line basis, even
if user or subscriber does not consent thereto.
Directories Prepared For Subscribers
Article 19 – Subscribers shall be provided with the information as to purpose of
publishing written and electronic subscriber directories, free of charge, prior to registration
process.
Subscribers are always free to request correction, verification or exclusion of their subscriber
information in the directories without any charge.
Additional consent of subscriber is required for directory services further than access to
personal information of subscribers based on names and surnames.
Unwanted Communications
Article 20 – Operators may not use automatic calling systems such as fax devices,
electronic mail, short messages that do not require user control as a means to perform direct
marketing or political propaganda. Furthermore, subscribers shall be furnished with means to
refuse to admit each received message in the future, by a simple way without any charge.
Electronic mails, which are sent for direct marketing and hide sender identity that would
indicate with whom communication is made or which fail to possess an address from which
receiver of such mail request termination of communication in question, shall be barred.
Technical Characteristics And Arrangements
Article 21 – Operators supply terminal equipment required for processing and
protecting privacy of personal information.

PART FOUR
Other Provisions
Provisional Article 1 – Personal information of subscribers of fixed or mobile
telephony system, whose information has been available in public directories prior to
publication of this Regulation, shall remain available in electronic or printed directories until
such time that they request otherwise.
Coming Into Force
Article 24 – This Regulation shall come into force as of the date of publication.
Enforcement
Article 25 – Provisions of this ordinance shall be enforced by Chairman of
Telecommunication Board.
19  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / Ordinance of the Operators with Significant Market Power on: January 09, 2010, 03:12:07 PM
Ordinance on Principles and Procedures for Determination of the Operators with Significant Market Power


PART ONE

Purpose, Scope, Legal Basis and Definitions
   Purpose
   Article 1 – (1) Purpose of this Ordinance is to prescribe principles and procedures for market analysis in the relevant markets in order to ensure effective competition environment in the telecommunications sector for determining operators having significant market power that may be the subject to the regulations and obligations.
 
   Scope
   Article 2 – (1) This Ordinance applies to the operators acting in telecommunications sector.

      
   Legal Basis
Article 3 – (1) This Ordinance has been developed pursuant to provisions of the Telegram and Telephony Law No. 406 and Wireless Law No. 2813.

   Definitions
Article 4 – (1) The following terms shall denote the corresponding meanings within the context of this Ordinance:

a) Significant Market Power: Within the relevant telecommunication market, operator, whether individually or jointly with other operators, enjoys a position which is equivalent to dominant position of economic strength affording it the power to behave to an appreciable extent, independently of competitors, users, and consumers,

b) Relevant Geographic Market: The Area in which supply and demand of products or services of related operators are occurred, the conditions of competition are sufficiently homogeneous and distinguished from neighboring areas because the conditions of competition are appreciably different to those areas,

   c)    Relevant Market: A market consisting of a telecommunication service that is provided all over or in some regions of the country and other telecommunication services that can largely substitute that service,


   ç) Relevant Product/Service Market: The products or services that is sufficiently interchangeable or substitutable, in terms of their functional characteristics, their prices or their intended use and the conditions of competition and/or the structure of supply and demand,

   d) Operator: Any stock corporation including Turk Telekom, that performs telecommunication services and/or operates telecommunication infrastructure in accordance with an authorization contract, concession agreement entered into with the Telecommunications Authority and/or a telecommunication license or general authorization received from the Telecommunications Authority,

   e) Board: Telecommunications Board,
 
   f) Authority: Telecommunications Authority.

   
PART TWO
Market Analyses
   Principles
   Article 5: (1) The principles below are considered in the market analyses.
   a) Technological neutrality
   b) Transparency
   c) Non discrimination
   ç) Ensuring effective competitive environment.

    Market Analyses Process
   Article 6 – (1) Authority can do market analyses on it’s own initiative or upon justifiable request from operator(s) so as to determine operator with significant market power in relevant market. Market analyses related with relevant market defined by Authority shall be done again at the latest within 3 years.

   (2) Market analyses process consists of the below steps:
   a) Definition of relevant market,
   b) Analyses of competitive level in relevant market,
   c) Definition of operator(s) with significant market power.

   (3) On doing market analyses, Authority:
   a) may demand all information from operator(s) and can use customer public survey, studies and examinations as well as international benchmarking carried out  by third parties,
   b) may prepare questionnaires and publish these documents on the Authority’s web site,
   c) shall apply Competition Authority and relevant parties for their thought in a defined period which is not  fewer than 15 days and may publish all these ideas on the Authority’s web site.
   
   Definition of relevant market
   Article 7- (1) While defining relevant market, both relevant product market and/or services and relevant geographical market should be considered.

(2) During the definition of relevant market, the below items are considered as much as possible while examining demand and supply substitutability:

   a) Possibility of product and/or services usage by users in terms of functionality 
   b) Substitutability of product and/or services in terms of tariffs/price,   
   c) Quantities and attributes of cost of transition when users pass from one product and/or service to another.
   ç) Existing data about users’ behavior.
   d) Subsidiary services which have to be provided with product and/or services being bundled and supplied with other products and/or services, because of demand characteristics.
e) Tariff/price developments and tariff conditions of products and/or services being predicted to potentially compete, which were seen in the past.
f) Predictions about possible reactions of users and operators for a small but significant increase in prices of products and/or services.
g) Probability of potential operators’ entrance to related market in an appropriate time interval in case of a small but significant increase which is not temporary, and structural and legal barriers for market entrance.
h) In case of potential and existing operators having some of the properties needed for supplying products and services in the related market, the probability of supplying services efficiently by the operators.


(3) Related geographic market; can be defined as local, regional or national. While analysing demand and supply side substitution for definition of related geographic market, the below items might be considered:

a)The area for which operator is authorized to give services,
b)The area in which operator is supplying services, coverage of operator network and opportunity of operator to potentially supply services in other areas,
c)Similarities between supply conditions of products and services with respect to geographic coverage.

      
   Analysis of Competition Level

   Article 8- (1) If one or more undertakings are assessed to have significant market power in a relevant market, it is accepted that there is lack of competition in that market.

(2)When determining operator with significant market power in a relevant market, market shares of the operators are considered as primary criteria. While determining market shares of the operators, upon characteristic properties of the relevant market; data like income, subscriber number, user number, traffic volume, transmission capacity and transmission line number are used as long as they are appropriate and available.

(3)When assessing significant market power in related market, below criteria may be used in addition to market shares of the operators.

a) control of infrastructure not easily duplicated,
b) technological advantages or superiority,
c) lack of countervailing buying power,
ç) easy or privileged access to capital markets/financial resources,
d) product and/or services diversification,
e) Economies of scale,
f) Economies of scope,
g) Vertical integration,
h) Highly developed distribution and sales network,
ı) Lack of potential competition,
i) Barriers to expansion.

(4) The below criteria may be used when assessing whether an operator is in a joint dominant position with other operators.

a) Maturity of the market
b) Stagnant or moderate growth on the demand side,
c) Low elasticity of demand,
ç) Homogenous products/services,
d) Similar cost structures,
e) Similar market shares,
f) Lack of technical innovation and mature technology,
g) Absence of excess capacity,
h) High barriers to entry,
ı) Lack of countervailing buying power,
i) Lack of potential competition,
j) Informal or formal links between undertakings,
k) Retaliatory mechanisms,
l) Lack or reduced scope for price competition.
   
Closely related markets

Article 9- (1) Where an undertaking has significant market power in a relevant market, and this position of the undertaking causes it to strengthen its market power in another market which is closely related to relevant market because of links between markets, then undertaking may also be deemed to have significant market power in closely related market.


THIRD PART

Other Provisions

Basic obligations that may be imposed on to the operators

Article 10- (1) Authority shall impose one, more or all basic obligations which are stated below, excluding the other provisions in related legal framework, on the operators that have significant market power.
a) Transparency obligation,
b) Publication of reference access and interconnection offers obligation,
c) Non discrimination obligation,
ç) Accounting separation obligation,
d) Subject to tariff regulation obligation,
e) Cost accounting obligation.

(2) The obligations that are imposed on the operators that have significant market power may be published on the Authority’s web site.
   


Differentiation of Obligations

Article 11- (1) Obligations shall be differentiated between the operators that have significant market power in the same market or in different markets. Differentiation can be implemented either in selecting different obligations and/or by selecting different application details.

Alteration and abrogation of obligations

Article 12- (1) Existing obligations shall be altered according to market analysis results depending on the structure of relevant market. If there will be no operator with significant market power in the relevant market, the obligations stated in the article 10 may not be imposed on any operator and existing obligations may be abrogated. Authority shall determine the commencement, alteration and termination dates of related obligations.

Publication

Article 13- Public consultations reports related to market analysis are published on the web site; the decisions related to determination of operators that have significant market power are published in the Official Gazette.

Administrative Fines and Measures

Article 14-In the case that the operators do not carry out the obligations defined in this ordinance, provisions of Ordinance on Monetary Penalties to be Imposed by Telecommunication Authority on Operators and Other Sanctions and Measures are implemented.

Enforcement

Article 15- This Ordinance comes into force as by the date of its issuing.

Execution

Article 16- The provisions of this ordinance are executed by the President of the Telecommunications Board.
20  Turkish law forums / TURKISH TECHNOLOGY and INTERNET LAW / Ordinance on Implementation of Electronic Signature Law on: January 09, 2010, 03:07:49 PM
Ordinance on the Procedures and Principles Pertaining to the Implementation of Electronic Signature Law

Official Gazette no: 25692
Published : 06/01/2005

PART ONE
General Provisions
Purpose
Article 1- The purpose of this Ordinance is to define the procedures and principles for the
legal, technical aspects and implementation of electronic signatures.
Scope
Article 2- covers procedures and principles regarding notification and certification
processes, secure electronic signature creation and verification data and devices, obligations of
electronic certificate service providers, the Authority and third parties, inspection, termination of
operations, time-stamps, foreign electronic certificates, security, technical and financial aspects.
Legal Basis
Article 3- This Ordinance is prepared on the basis of Electronic Signature Law No.5070 of
15 January 2004.
Definitions
Article 4 - The definitions and abbreviations used in this Ordinance have the following
meanings;
Law: Electronic Signature Law No.5070 of 15 January 2004,
Board: Telecommunications Board,
Authority: Telecommunications Authority,
ECSP: Electronic Certificate Service Provider,
Archive: Documents and electronic data described in paragraph 2 of Article 14 of this
Ordinance and which shall be kept by ECSP,
Notification Requirements: Requirements described in paragraph 2 of Article 8 of the
Law,
Inspection: All actions in order to detect potential faults, imperfections, unlawfulness
and/or abuses and to apply sanctions prescribed in related legislation, by assessment of compliance
of electronic certificate service provider’s activities and operations with related legislation,
Directory: Repository in which valid certificates are kept,
Activation Data: Data like biometrical value, password used for activation of secure
electronic signature creation devices.
Assessment: All actions for determination of whether notification submitted to the
Authority satisfies all requirements or not,
Revocation Status Record: Record that includes the revocation information data of
certificates which are not expired, ensures to determine revocation time precisely and can be easily
accessed by third parties secure and promptly,
Organisational Application: Application of qualified electronic certificate which is
submitted by a legal person on behalf of its employees or customers or members or shareholders,
Qualified Electronic Certificate: Electronic certificate which satisfies the requirements
laid down in Article 9 of the Law,
Hash Algorithm: Algorithm that is used to produce a fixed-length hash value of the data to
be signed,
Fingerprint: Hash value calculated over certificate,
Certificate Policy: Document containing general rules regarding operations of ECSP,
Certification Practice Statement: Document describing implementation of the issues laid
down in the certificate policy in detail,
Certificate Financial Liability Insurance: Insurance that ECSP shall take out to
compensate any damages arising from infringement of the obligations laid down in the Law,
Time-stamp Policy: Document containing general rules regarding time-stamp and timestamping
services,
Time-stamp Practice Statement: Document describing implementation of the issues laid
down in the time-stamp policy in detail,
For the terms not defined in this Ordinance, the definitions in the Law shall apply.
Principles
Article 5- The following basic principles shall be observed in enforcement of this
Ordinance;
a) Unless objective reasons require the opposite, qualitative and quantitative continuity,
reliability, non-discrimination, orderliness, efficiency, openness, transparency and effective use of
resources,
b) Protecting consumer rights,
c) Assuring quality of service,
d) Setting effective and sustainable competition environment and encouraging applications
for its continuity,
e) Considering international standards,
f) Encouraging new investments and implementations to make wide use of electronic
signature,
g) Avoiding the possibility that the electronic certificate holders are forced to buy services
or products they do not demand,
h) Avoiding the possibility of financing the cost of a service or a product by the price of
another service or a product.

PART TWO
Notification Process
Notification
Article 6 – The public entities and establishments or natural persons or private law legal
entities, who request to be an ECSP, shall notify to the Authority all the information and documents
listed in Annex-1. ECSP shall indicate compliance of its notification with the requirements in detail.
Assessment and Results of the Notification
Article 7 – The Authority shall assess the notification promptly and complete it within two
months. ECSP, that satisfies the notification requirements, shall commence its operations after a
period of two months from the date of notification.
In case the Authority determines the incompleteness or infringement of any of the
notification requirement, the Authority shall grant a period utmost for a month to the ECSP in order
to remedy this incompleteness. ECSP shall not go into operation until the end of this period. ECSP
shall submit the documents proving that it has remedied the incompleteness in the notification
requirements within the period granted by the Authority. ECSP who has met those requirements, as
determined by the Authority, shall commence its operations in case the period of two months has
ended from the date of notification. The Authority shall determine that ECSP has lost its status of
being ECSP in case the ECSP has not remedied the incompleteness in the notification requirements
until the end of period given.
Changes in the Notification
Article 8 – After commencing its operations, in case of any change in the notification,
ECSP shall inform the Authority about those changes within a period of seven days.
PART THREE
Certificate Management Life
Registration
Article 9 - ECSP shall determine the identity of person, to whom the qualified electronic
certificate is to be issued, based on valid and official documents with a photograph such as national
identity card, passport and driving license. The person to whom qualified electronic certificate is to
be issued shall be physically present during the identity check.
ECSP may dispense with the requirement of being physically present for identification
provided that the identity of the person to whom the qualified electronic certificate is to be issued
has been determined previously pursuant to the provisions of the first paragraph or when the
application is an organisational application. Organisational applicant shall provide the qualified
electronic certificate requests of the persons on behalf of whom it applies for in a written form.
ECSP shall be liable as regards the accuracy and reliability of identification of the person who
qualified electronic certificate is to be issued to during qualified electronic certificate application
process.
In case qualified electronic certificate holder’s authorization of acting on behalf of anyone,
occupational or other personal information is to be contained in the certificate, ECSP shall
determine those information based on official documents in an accurate, complete and reliable
manner. ECSP shall not request any information from the person whom qualified electronic
certificate is to be issued to except for those necessary to issue an electronic certificate, and shall
not give those to the third parties and shall not use for any other purposes without the consent of the
qualified electronic certificate holder.
Qualified Electronic Certificate Generation
Article 10 – After qualified certificate application ECSP shall generate the certificate and
deliver the certificate to the certificate holder. The validity period of qualified electronic certificate
shall be determined by contract or undertakings.
Qualified Electronic Certificate Dissemination
Article 11 – ECSP shall publish the qualified electronic certificate in a public directory in
case for which the certificate holder’s consent has been obtained. ECSP shall ensure that directory
service is provided without any interruption.
Qualified Electronic Certificate Renewal
Article 12 – Qualified electronic certificate may be renewed by ECSP before expiry of the
validity period of the certificate upon a request from certificate holder or from Organisational
applicant provided that it has obtained the certificate holder’s consent. ECSP shall renew the
qualified electronic certificate as it has verified that the information of the certificate owner was still
valid.
Qualified Electronic Certificate Revocation
Article 13 –Requests with regard to revocation of qualified electronic certificates shall be
submitted by ECSP, certificate holder and persons specified in the contract. ECSP shall ensure that
the requests relating to this status can be made at least by telephone and without interruption. ECSP
shall inform the qualified electronic certificate holder of the mentioned status. In case of
Organisational applications, applicant shall be informed too.
Upon receiving revocation request, the qualified electronic certificate shall be revoked
immediately. Revoked qualified electronic certificate shall be included in the revocation status
records until it expires. ECSP shall continuously make revocation status records relating to qualified
electronic certificates available to public access as free of charge without any need for
identification. The next update time of the records shall be displayed clearly in those records. ECSP
shall not revoke qualified electronic certificates retroactively.
After such cases that certificate policies change or ECSP’s signature generation data is
stolen, lost or compromised where certificate holder has no fault renewal activities shall not be
charged upon qualified electronic certificate revocation and renewal.

PART FOUR
Obligations
ECSP Obligations
Article 14 – ECSP shall inform the person to whom qualified electronic certificate is to be
issued in written form at least on the following subjects;
a) Secure electronic signature shall have the same legal effect with that of handwritten
signature, without prejudice to the limitations described in the Law,
b) Not to allow third parties to use signature creation data and device,
c) Scope of limitations and procedures regarding usage of qualified electronic certificates, d)
Revocation status of qualified electronic certificate,
e) Alternative dispute resolution procedures in case of dispute between ECSP and qualified
electronic certificate holder,
f) Amendments in the provisions and terms of the contract or undertakings.
ECSP shall keep the followings for at least twenty years:
a) Expired qualified electronic certificates,
b) Documents, information and electronic data requested in qualified electronic certificate
application, c) Certificate policies and certification practice statement,
d) Time-stamp policy and time-stamp practice statement,
e) Its own certificate from the date of expiration,
f) Logs including events regarding qualified electronic certificate life cycle management,
information of the operator(s) with date and time.
ECSP shall be liable for;
a) Publishing the parts of the certification practice statement concerning certificate holder
or third parties and its certificate policy in its web site,
b) Submitting tariffs for services regarding qualified electronic certificate, time-stamping
and electronic signature to the Authority within fifteen days after applying them,
c) Taking out certificate financial liability insurance,
d) Ensuring the signature creation device is secure signature creation device in case ECSP
provides it to qualified electronic signature owner.
Qualified Electronic Certificate Holder Obligations
Article 15 – Qualified electronic certificate holder is liable for;
a) Submitting information accurately and completely to the ECSP that’s necessary to get
qualified electronic certificate,
b) Informing the ECSP immediately in case of any change in the information submitted to
ECSP,
c) Using algorithms and parameters determined by Communiqué on Processes and
Technical Criteria Regarding Electronic Signatures, in case the certificate holder generates his/her
own signature creation data,
d) Using the signature creation and verification data only for creating and verifying
electronic signature and in accordance within the limitations about the usage and value of the
qualified electronic certificate,
e) Not allowing third parties to use his/her signature creation data and taking necessary
cautions for this purpose,
f) Notifying the ECSP immediately in case the confidentiality or security of the signature
creation data is under suspicion,
g) Using secure electronic signature creation device,
h) Assuring the necessary cautions in case the signature creation and verification data are
generated out of the premises of ECSP and with devices that do not belong to the ECSP,
i) Informing the ECSP immediately in case the signature creation device or the activation
data of the signature creation device is stolen, lost or suspected to be compromised.
Third Parties Obligations
Article 16 – Third parties are liable for;
a) Verifying if the certificate is qualified electronic certificate or not,
b) Verifying the validity and revocation status of the qualified electronic certificate or using
secure electronic signature verification device,
c) Verifying if there is any limitation on the usage of the qualified electronic certificate.
The Authority Obligations
Article 17 – The Authority shall publish the information regarding ECPS’s notification
process and operation status in its web site.
The Authority shall prepare annual report regarding its activities related to electronic
signature and status of the electronic signature sector and shall publish that report for this purpose in
its web site.
PART FIVE
Technical Issues and Security
Signature Creation and Verification Data
Article 18 – ECSP shall generate its own certificate, signature creation and verification data
within the boundaries of the Republic of Turkey and shall not take signature creation data out those
boundaries in any means.
The validity period of ECSP’s signature creation and verification data shall not exceed ten
years.
ECSP, within seven days after commencing operations, shall publish the fingerprint of its
own certificate and hash algorithm in its web site, announce to the public by giving out a notice in
three nationwide published newspapers of highest circulation and submit each copy of them to the
Authority.
Security Criteria
Article 19 – If the ECSP is a private law legal entity, its cofounders and its authorized
representative managers and staff employed or employees of its subcontractor(s); if ECSP is a
natural person, himself, its authorized representative managers and employees of its
subcontractor(s), except the crimes committed by imprudence and indemnified or not indemnified,
even if they are granted with an amnesty, shall not be imprisoned for penal servitude or imprisoned
for over than six months or shall not be guilty of defamatory offences like simple or qualified debit,
malversation, bribery, theft, deceit, forgery, abuse of trust, fraudulent bankruptcy and the crimes of
smuggling, excluding the smuggling of employing and consumption, sedition on official public
procurement and tenders, money laundering or disclosing the secrets of the government, taking part
in tax fraud or participating in tax fraud or cyber crimes in informatics.
ECSP shall employ or subcontract satisfactory number of technical staff in the fields of the
information security, electronic signature technologies and database management. Technical staff
shall possess enough expertise in their fields or be educated in the above mentioned fields. ECSP
shall specify the task definitions and task distributions of its own employees or employees of the
subcontractor(s) in organization chart.
ECSP shall use secure systems and equipment and ensure that the buildings or the area
where those systems and equipment are installed are protected.
PART SIX
Financial Issues
Fees of Qualified Electronic Certificate, Time-stamp and Related Services
Article 20 – The principles and procedures regarding the upper and lower limits of the fees
of qualified electronic certificate, time-stamp and related services which ECSP has to obey shall be
determined by the Authority.
Administrative Fee
Article 21 – The Authority shall collect administrative fee from ECSP up to % 0,4 of its net
sales of the previous calendar year. All of this fee shall be paid to the Authority until the last
working day of April.

PART SEVEN
Principles and Procedures of Inspection
Inspection
Article 22 – ECSP shall be inspected by the Authority when it is necessary and at least
biannual at the Authority’s own initiative.
Principles to be Obeyed During Inspection
Article 23 – The Authority shall observe the following principles during the inspection;
a) Being neutral during assessment of results and preparation of inspection report,
b) Not allowing any intervention that may affect honesty and neutrality,
c) Taking necessary pains over all phases of inspection.
Powers of Inspectors
Article 24 – The Authority’s inspectors shall be authorized;
a) To request and assess all notebooks, documents and records considered as necessary and
take original copies and/or samples of these,
b) To enter into administrative offices and premises and investigate these places,
c) To request relevant written and/or oral information and keep necessary minutes,
d) To inspect all accounts and operations.
Obligations of Inspectors
Article 25 – The Authority’s inspectors shall be liable for;
a) Introducing themselves by showing the document indicating that they are authorized to
inspect before starting inspection,
b) Keeping notebooks, documents and records that are entrusted by relevant individuals to
themselves as in original form and give them back at the end of the work,
c) Not revealing confidential information that is obtained during the inspection to anyone
except legally authorized individuals and make use of this information for their benefits directly or
indirectly,
d) Not making any annotation, addition or correction on the notebooks, documents and
records except the ones that is necessitated by inspection,
e) Not intervening administrative and management deeds where the inspection is performed.
Inspection Obligations of ECSP
Article 26 – ECSP shall be liable for meeting inspectors’ requests as soon as possible that
are within the framework of their authorization and provide a convenient working place to
inspectors.
ECSP shall not refrain from its obligations regarding inspection by alleging reasons like
privacy and secrecy.

Submission of Reports
Article 27 –The inspection report prepared by inspectors shall be submitted to the Board
within a period of thirty days from the end of inspection.
In case of determination of important points that may affect the activities and operations of
ECSP negatively during the inspection, the inspectors shall prepare a report including these issues
and submit it to the Board immediately.
Board Decision
Article 28 – Inspection report and the report mentioned in the paragraph 2 of Article 27
shall be put on the agenda preferentially by the Board. The Board shall make a decision by
assessing the reports. In case of determination of contradictions to provisions of relevant legislation
in the reports and approval of this determination by the Board, it shall be decided to apply the
sanctions and penalties described in relevant legislation.
PART EIGHT
Termination of Operations
Termination of Operations by the Authority
Article 29 – In case the Authority determines that ECSP has not complied with one or more
notification terms during its operations, as a result of inspection, the Authority shall grant a period
to ECSP up to one month in order to straighten out this incompleteness and the Authority shall
cease ECSP’s operations within this period. The Authority shall ceases ECSP’s operations in cases
ECSP does not straighten out the incompleteness within the period or commits the crimes described
in Article 18 of the Law for a third time within a period of three years retroactively starting from the
date of that crime for the first time.
An ECSP whose operations are terminated because of any termination cases described in the
first paragraph, may agree with any operating ECSP upon transferring the qualified electronic
certificates within a period of fifteen days from the notification date of termination decision. In case
an agreement is made between the parties, the Authority shall decide to transfer the qualified
electronic certificates generated by ECSP whose operations are terminated by the Authority to
ECSP agreed. In case no agreement is reached between the parties upon taking over the qualified
electronic certificates within a period of fifteen days, the Authority shall decide to transfer the
certificates to any ECSP at its own initiative. ECSP who takes over the qualified electronic
certificates shall commence the certificate renewal procedures and complete these procedures
within a period of one month from the notification date of the transfer decision. The Authority may
extend this period utmost for a month if necessary.
ECSP shall not provide the services relating to the electronic certificate, time-stamp and
electronic signatures from the notification date of the termination decision. However, ECSP shall
continue to provide the service of revocation status record until certificate renewal procedures are
completed.
ECSP, whose operations are terminated by the Authority, shall transfer the documents used
in identity verification, the directory, the archive and, after certificate renewal procedures are
completed, revocation status record to ECSP which has taken over the qualified electronic
certificates and then shall destroy its own signature creation data and its backups.
In the event that any ECSP is not found to transfer the qualified electronic certificates, the
Authority shall decide to revoke the qualified electronic certificates generated by ECSP whose
operations are terminated by the Authority. That ECSP shall destroy its own signature creation data
and its backups after generating the last revocation status record, shall continue to provide the
service of revocation status record until the end of validity period of qualified electronic certificate
which expires latest and keep the archive at least for a period of twenty years.
The Authority shall publish the decisions regarding transferring the qualified electronic
certificates in its web site. ECSP, whose operations are terminated by the Authority, shall announce
the related decisions to certificate holders with e-mail and publish them in its web site.
Termination of Operations by ECSP
Article 30 – ECSP shall inform the Authority in written form at least 3 months before
terminating its operations. ECSP shall not accept any qualified electronic certificate application
from the notification date of related decision and shall not generate a new certificate.
ECSP shall publish its decision in its web site at least three months before terminating its
operations, announce it to certificate holders with e-mail and give out a notice in three nationwide
published newspapers of highest circulation.
ECSP may transfer the qualified electronic certificates which do not expire till the date of
termination to any ECSP operating that can provide usage of those certificates within period of one
month prior to the date of terminating operations. ECSP, who terminates its operations, shall
announce transfer of the certificates to certificate holders with e-mail. In case of transferring the
qualified electronic certificates, ECSP who takes over the certificates shall commence the certificate
renewal procedures and complete these procedures within a period of one month. The Authority
may extend this period utmost for a month if necessary.
ECSP who transfers the certificates shall transfer the documents used in identification, the
directory, the archive and, after certificate renewal procedures, revocation status record to ECSP
who has taken over the qualified electronic certificates and then shall destroy its own signature
creation data and its backups.
In the event that qualified electronic certificates can not be transferred one month prior to
the date of terminating operations or the usage of certificates can not be provided by any operating
ECSP, ECSP who wants to terminate its operations shall revoke the certificates on the date of
termination of operations. ECSP who terminates its operations, shall destroy its own signature
creation data and its backups after generating the last revocation status record, continue to provide
the service of revocation status record until the end of validity period of qualified electronic
certificate which expires latest and keep the archive for a period of twenty years.

PART NINE
Other Provisions
Time-stamp and Time-stamping Services
Article 31- ECSP is obliged to provide time-stamp and its services. Qualified electronic
certificate holder can get this service if he/she requests.
Recognition of Foreign Electronic Certificates
Article 32 – The terms regarding the legal effects and recognition of foreign electronic
certificates shall be determined under international agreements.
In case that there is no international agreement, in order for electronic certificates issued by
an ECSP established in a foreign country to be recognized by an ECSP established within Turkey,
the following are required at least;
a) Foreign electronic certificate shall bear the technical criteria of qualified electronic
certificate stated in the Law and in this Ordinance.
b) Foreign ECSP shall operate as ECSP in the country it has been established.
An ECSP established in Turkey shall submit the following documents on foreign electronic
certificate to be recognized to the Authority within one month before certificates are started to be
used;
a) A sample of foreign ESCP’s certificate to be recognized,
b) An official document issued by the authorised authority proving that foreign ESCP is an
ESCP in the country it has been established,
c) Information and documents indicating that foreign electronic certificate meets the
technical criteria of qualified electronic certificate described in the Law and this Ordinance.
The Authority shall publish the information of foreign ESCP in its web site.
The ECSP established in Turkey, who recognized the certificates, shall also be liable for all
the damages arising from usage of those recognized foreign electronic certificates.
Activity Report
Article 33 – ECSP shall submit to the Authority the activity report of the previous year until
the end of March every year. The report shall cover at least the followings;
a) Types and numbers of certificates generated,
b) Number of certificates revoked for every type of certificates
c) Information and documents indicating the previous year’s financial status of ECSP,
d) If applicable, information on certificates transferred to itself,
e) ECSP’s market foresights on the next year,
f) Other information and documents to be requested by the Authority.

Communiqué on Technical Issues
Article 34 – Technical criteria to be obeyed regarding ECSP operations including
application for qualified electronic certificate generation, dissemination, renewal, revocation of
certificate and archiving process, signature creation and verification data, certificate policy and
certification practice statement, secure signature creation and verification devices, system, device
and physical security used in the operations of ESCP, ESCP’s staff, time-stamp and its services
shall be determined by the Communiqué. The Authority shall update the Communiqué if required.
Issues not covered in this Ordinance
Article 35 - Any other issues not covered in this Ordinance about electronic signature shall
be regulated by decisions of the Board.
Temporary Provisions
Temporary Article – Until the upper and lower limits of qualified electronic certificate,
time-stamp and related services’ fees are determined by the Authority, ECSP may determine the
fees relating to qualified electronic certificate, time-stamp and related services with respect to the
principles pursuant to the Article 5.
Entry into Force
Article 36 – This Ordinance and any revisions thereto, shall enter into force on the date of
its publication.
Execution
Article 37 – The provisions of this Ordinance are executed by the Chairman of the Board.

ANNEX-1
Information and Documents Requested for Notification
The public entities and establishments or individuals and private law legal entities who
apply to serve as an ECSP shall submit the information and documents listed below to the Authority
with their notification.
1) Contact Details: Name/title and contact details (address, telephone, fax, e-mail address,
internet address) of all units,
2) Documents About Company: If it is a commercial corporation, Trade Record Journal of
the company, documents about taxation, signature circular of the company, trade record document
and legal records and contact details of the people authorized with representation of company,
3) Personnel: Organization chart, the document taken from social security foundation which
indicates that all the employees are ECSP’s personnel, the legal records of the employees or
employees of the subcontractor(s), resumes of technical personnel and documents that prove
expertise of them,
4) Certificate Policy and Certification Practice Statement
5) Time-stamp Policy and Time-stamp Practice Statement;
6) Sample of ECSP’s Own Certificate;
7) Certificate Financial Liability Insurance: A copy of policy document proving adequate
financial liability insurance;
8) Copy of Certificate Holder Agreement or Undertakings: A copy of undertakings or
the agreement which is to be concluded with qualified electronic certificate holders,
9) Service Agreement: A copy of the agreement made with subcontractor, if applicable,
10) Information and Documentation required by the Communiqué
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