Yes the absentia law becomes available to a person after their partner has been gone for a year. So in this case your son would not need to find his wife to sign the papers. His lawyer should be able to file all the neccesary paperwork
Last post by admin - January 10, 2010, 10:56:37 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 184.108.40.2062 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
Last post by admin - January 09, 2010, 04:22:48 PM
From Information and Communication Technologies Authority of Turkey, 2nd July 2009
BY-LAW ON NUMBER PORTABILITY
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.
Last post by admin - January 09, 2010, 04:18:28 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.
Last post by admin - January 09, 2010, 04:16:21 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.
Last post by admin - January 09, 2010, 04:12:07 PM
Ordinance on Principles and Procedures for Determination of the Operators with Significant Market Power
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.
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.
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.
Article 15- This Ordinance comes into force as by the date of its issuing.
Article 16- The provisions of this ordinance are executed by the President of the Telecommunications Board.
Last post by admin - January 09, 2010, 04:07:49 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; 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
Last post by admin - January 09, 2010, 04:00:18 PM
Regulation for Wireless Systems with Cryptograph
Published: Official Gazette of 06.03.2004 and with no: 25394 Amended: Official Gazette of 29.09.2004 and with no: 25598
CHAPTER ONE Purpose, Scope, Legal Basis, and Definitions Purpose Article 1- The purpose of the present regulation is to determine the rules and regulations and the works and procedures to be implemented in establishment and operation of the Wireless Systems with Cryptograph by public institutions and establishments, and to issue a cryptography approval for the standards, production, sale, and import or export, and in use, keep the records, supervise, control, and in repair and maintenance of these appliances, under the Wireless Law No: 2813. Scope Article 2- The present Regulation shall cover determination of the rules and regulations regarding performance of communication with crypto over the wireless systems of public institutions and establishments under the Wireless Law No: 2813. However, the Turkish Armed Forces, Coast Guard Command, Undersecretariat for National Intelligence Organization, Directorate General of Security, and the Foreign Ministry shall be the exclusion thereof. Legal Basis Article 3- The present Regulation is prepared under the Wireless Law No: 2813. Definitions Article 4- The following terms used herein shall denote the meanings indicated across them: Ministry of National Defence shall be referred to as the "MND". Telecommunication Authority shall be referred to as the "Authority". Department of General Staff shall be referred to as the "Dept.GS". National Electronic and Cryptology Research Institute of the Turkish Scientific and Technical Research Institution (Tubitak) shall be referred to as the "NECRI-TUBITAK". The science relating fulfilment of security services such as provision of secrecy, preservation of integrity, being accessible, unchangeableness without authorization, and undeniable identity of resource of information shall be referred to as the "cryptography". The appliances, products etc., relating cryptography shall be referred to as the "cryptograph". Using of Cryptography techniques shall be referred to as the "encryption". The stationary, mobile or portable wireless device used together with an internal and/or external device for encryption shall be referred to as the "wireless device with cryptograph". The wireless system having wireless devices with cryptographs shall be referred to as the "wireless system with cryptograph". The certificate of approval to be issued by Dept.GS in according to the results of test of NECRI-TUBITAK shall be referred to as the "cryptography approval". The certificate of approval to be issued for stationary and/or mobile cryptograph centres following the control and supervision to be performed by Dept.GS shall be referred to as the "cryptographic centre approval". The communication realized by using cryptographs and cryptographic techniques shall be referred to as the "cryptographic communication". The Law for Supervision Special Industrial Enterprises Producing War Arms and Ammunitions in Turkey shall be referred to as the "Law with No: 3763". The materials within the scope of the Law with no: 3763 shall be referred to as the "material to be subject to supervision". The all mathematical functions and protocols used in encryption, decryption, identity authentication, and similar cryptographic steps shall be referred to as the "cryptographic algorithm". The list of variable characters used in encryption and decryption of information and applied to the algorithm shall be referred to as the "cryptographic key". The person for whom the certificate of cryptographic security is issued to work in services relating cryptography shall be referred to as the "personnel with cryptographic clearance". The document with "NATIONAL" security classification issued by the Ministry of Defence for the firms and institutions operating on the field of defence industry shall be referred to as the "facility security classification". The certificate issued by the Ministry of Defence for those who meet the conditions required from industrial establishments willing to produce within the scope of the Industry List of War Vehicles, Tools, Arms and Ammunition to be Subject to Supervision published in the Official Gazette in January of each year by the Ministry of Defence under the Law No: 3763 shall be referred to as the "certificate for production license". The certificate issued for the appliances of which their conformity to standards are tested in the testing and measurement laboratory, and approved shall be referred as to the "certificate of conformity to standards" The documents for evaluation of conformity, RF, EMC and LVD test reports consisting technical specifications of appliance shall be referred as to the "technical documentation". The radio frequency shall be referred as to the "RF". The electromagnetic compatibility shall be referred as to the "EMC". The low voltage directive shall be referred as to the "LVD" CHAPTER TWO Application, License and Approval for Use of Wireless System with Cryptograph Particularities and Documents required in Applications Article 5- The public institutions and establishments willing to realize cryptographic wireless communication must apply to the Authority with the information and document specified below: a) Petition, b) Ground Report explaining in detail the need of cryptographic wireless communication c) The wireless system scheme plotted on a map or a sketch with scale, d) Full addresses and geographic coordinates (as degree, minute, and second) of the places where relay stations will be set up in the land stations within mobile service, the handy wireless sets in case of establishment in stationary and local areas, and the stationary stations to be set up within stationary service, e) The application form of Authority in duplicate filled in according to the kind of system (air, sea, and land). Evaluation of Applications Article 6- Evaluation of applications submitted to the Authority: a) A license for system establishment shall be issued following evaluation of request for establishment of wireless system from the standpoint of relevant legislation, and receiving of positive consideration from Dept.G.S for cryptographic communication for the system considered convenient, and frequency allocation shall be made, and one copy of application form together with a letter of license shall be forwarded to the applicant. b) The license for establishment and operation of wireless system with cryptograph may be issued for diplomatic representatives of foreign countries in Turkey under the principles of reciprocity. Any and all procedures relevant thereof shell be implemented by the Foreign Ministry. c) The Authority shall take into consideration whether the public institutions or establishments applied are within the scope of privatization. No application of those in which the share of state is less than 51% shall be accepted. The license issued for those shall be revoked in a manner described in Article 15 of the present Regulation in case of the share of state is lees than 51%. d) The chapters relating cryptograph of technical specifications and other documentation to be used in procurement processes shall be organized by obtaining positive consideration of Dept.G.S. e) Public institutions and establishments may set up and operate the wireless system with cryptograph within a duration specified in the approval following meeting the requirements listed above. Issuing of Issuing of Cryptography Approval Article 7- Following matters shall be requested in issuing of cryptography approval to wireless systems with cryptograph: a) Only the cryptographic device and system having an approval following testing of cryptograph security thereof shall be used as to make cryptographic communication over the wireless systems. The internal and external cryptographs, the cryptographic algorithms, and the appliances and systems for cryptographic key, distribution and installing thereof shall be examined and tested by NECRITUBITAK. The cryptography approval describing to what extent security classification can be used shall be issued by Dept.G.S in accordance with test results. b) The provisions of relevant legislation shall be implemented for any and all techniques, licenses, registration, frequency, production, import, sales, repair and maintenance, and similar matters excluding cryptographic specifications of wireless system with cryptograph. c) Suitable documentation in comply with the Testing Specifications to be provided by NECRI-TUBITAK shall be obtained in case of considered agreeable by the Dept.G.S. CHAPTER THREE Financial Matters Relating to Rules and Procedures of Use of Wireless Devices with Cryptograph Use of Wireless Devices with Cryptograph Article 8- The institutions authorized to communicate with cryptograph over wireless systems are listed in the Wireless Law no: 2813. For those other than this the Dept.G.S shall give a decision of which wireless system will be used for communication with cryptograph. Necessary processes shall be made by the Authority depending upon this permit. No marketing and sales of wireless devices and systems with cryptograph shall be made to the amateur cryptographers, natural and legal persons other than the public institutions and establishments. Necessity to Obtain a License Article 9- To obtain a license from the Authority shall be compulsory in holding and using the wireless receivers, transmitters, and the receivers/transmitters with cryptograph used for the aim of communication by means of electromagnetic waves, and in receiving, transmitting or recording any and all pictures, sound and data other than the purposes of sales, and a phrase "Used with cryptograph" shall be affixed on the licenses of devices with cryptograph. Changes to Wireless System Article 10- In case of applicable changes to the wireless systems operated by public institutions and establishments that have obtained licenses, and been operating wireless systems with cryptograph, and in case of a new system is in question, or if existing system cannot meet the requirements, then to obtain a permit from to the Authority by filling in relevant application form in order to purchase additional devices, and make them recorded in the licenses thereof shall be compulsory. Formal requests for change of location and additional device with cryptograph shall be implemented by the Authority in coordination with Dept.G.S. No change or modification shall be able to be made in cryptographic algorithm and devices used in wireless devices by users. Following matters shall be taken into consideration in order to change the location, technical specifications, and emulsion types in wireless systems with cryptograph: a) No change or modification shall be able to be made without obtaining a permit from the Authority, b) Changing location of a stationary station in the system shall be subject to the Authority's permit. As to the mobile stations with cryptograph operated in a land mobile service, they shall not be able to be operated in other than the regions specified in the licenses thereof, c) The emulsion types of wireless stations with cryptograph operated in a mobile service shall not be able to be changed, d) No limitation shall be in question in changing of location due to particularities of sea and air mobile services, e) Changing of location of sea and air mobile services, and of land stationary, and coast wireless stations operating mutually may be made upon convenience. However, these changes shall be recorded in the licenses thereof, and made approved by the Authority. For this, relevant institutions and establishments shall have to apply to the Authority. Financial Matters Relating to Wireless Devices and Systems with Cryptograph Article 11- The prices relating to wireless devices and systems with cryptograph shall be determined in accordance with the List of Fares for Telecommunication Services of the Authority. The financial matters other than this matter shall be implemented according to the legislations of relevant institutions. CHAPTER FOUR Supervisory Measures Security and Custodial Measures Article 12- The institutions and establishments using wireless systems with cryptograph shall, due to speciality of the system, have to follow the matters set forth below: a) The institutions and establishments using wireless systems with cryptograph shall have to take custodial measures which prevent the systems to be passed into the hands of, and used by unauthorized persons. In this context, they shall have to take necessary measures to determine the persons who will use the wireless systems and devices with cryptograph, and then issue a cryptographic clearance in order to prevent the system against being used by unauthorized persons. b) The institutions and establishments doing communications of wireless systems with cryptograph shall be obliged for taking necessary measures against cryptographic violation and disabling. Supervision of Wireless systems with Cryptograph Article 13- Exclusion of cryptographic algorithm, supervision of use of wireless systems under the licenses issued shall be performed by the Authority. In case of a request from the Authority whether any impressive change of security has been made on cryptographic algorithm or system shall be examined by the NECRI-TUBITAK, and the Authority shall be advised thereabout. The Authority shall be authorized to do in situ supervision, in accordance with relevant supervisory forms, conformity of any and all kinds of systems and devices used in these systems set up and operated under the licenses and the permits of use issued to the public institutions and establishments, with the terms and conditions in laws, regulations, and the licenses thereof. However technical support shall be given by the NECRI-TUBITAK. The Authority may supervise any and all wireless systems in any time with or without a notice by means of its teams composing of technical personnel authorized to supervise, and of the holders of identity card. The matter whether users follow the legislation in respect to the measures, which are necessary to be taken by the users, for security and prevention of cryptograph informed by the Authority shall be supervised during issuing a license for establishment. The institution and establishment shall have to provide necessary easiness to the team during supervision. Sanctions Article 14- The provisions below shall be applied in cases of irregularities observed during supervisions: a) In the event of determination that the project applications and the appliances being used are not in comply with the specifications of devices licensed 45-day period shall be given to the sellers and users to eliminate the irregularities and assembly faults determined. b) The institutions which sell, and import or produce appliances without permit, and the appliances of those who use the appliances thereof shall be locked up and affixed with a seal, and necessary judiciary processes shall be applied. c) In case of determination of the appliances purchased from the firms having certificate of authorization issued by the Authority prior to the license for establishment of system, or use of appliances without a license then returning of the appliance to its seller firm shall be ensured, and the activity of seller firm shall temporarily be suspended for 6-month period, additionally. d) In case of transfer of devices by way of donation, transfer and similar processes between parties without obtaining necessary permit from the Authority then the appliances shall be locked up and affixed with a seal by the Authority. e) In case of changes in location, technical specifications and emulsion types on the systems set up by obtaining licenses then the activities of wireless system shall be stopped, operation license shall be revoked, all of devices shall be locked up and affixed with a seal. And in case of determination of additional devices included in the system without a license then the appliances shall also be locked up and affixed with a seal, and be subject to legal process. In case of changes in location and technical specifications of the wireless devices then 45-day period shall be given to the user to ensure the changes in the system be recorded on the license. In the event of determination that the correction or elimination of irregularities will not be possible at the end of duration given then the license for setting up and operate the system shall be revoked and the appliances shall be locked up and affixed with a seal. Necessary legal processes shall be applied to relevant person under the Wireless Law No: 2813 and the Law No: 3763. Revocation and Pilferage Article 15- The procedures below shall be followed in case of revocation and pilferage of the wireless systems with cryptograph: a) The processes for abrogation of use, cancellation of records, and revocation: 1) The public institutions and establishments shall apply to the Authority for the part(s) of wireless system with cryptograph they wish to abrogate, and the authorized personnel of Authority shall lock it up and affixed with a seal depending on the appropriate consideration of the Dept.G.S. The Dept.G.S shall then be advised about the systems abrogated. 2) In case of disappear of the justification of use of wireless system with cryptograph then the Authority shall be informed by the Dept.G.S that the licenses for setting up and operation of wireless system with cryptograph should be revoked, and the Authority shall revoke the licensed, and make necessary procedures. 3) In case of renouncement of use of wireless system with cryptograph completely then the Authority shall be advised the situation thereabout. The appliances shall, by a letter from the Authority, be delivered by the users or owners of licenses to the wireless dealers who have been given authorization for repair and maintenance from the Authority following revocation of the parts relating with cryptograph of the wireless devices and systems with cryptograph by duly destroying them, and drawing up a protocol thereabout by the personnel with cryptographic clearance from the institute to be considered convenient, or as a result of coordination by the Dept.G.S. The responsibilities on the wireless devices of the license owners who submit to the Authority this delivery protocol drawn between the parties shall be terminated and the licenses thereof shall be revoked. In the event that the wireless device with cryptograph becomes unusable then The appliances shall, by a letter from the Authority, be delivered by the users or owners of licenses to the General Directorate for Scrap Works, Turkish Machinery and Chemical Industry Authority following revocation of the parts relating with cryptograph of the wireless devices and systems with cryptograph by duly destroying them, and drawing up a protocol thereabout by the personnel with cryptographic clearance from the institute to be considered convenient, or as a result of coordination by the Dept.G.S. The responsibilities of the license owners who submit to the Authority this delivery receipt shall be terminated and the licenses thereof shall be revoked. 4) The institutions willing to use wireless devices again whose records are cancelled shall make an application to the Authority. b) The processes in case of pilferage of devices: 1) The relevant institution shall, from the security of communication viewpoint, have to take necessary measures impeding the use of devices/systems lost. Moreover, the security institutions shall be informed about the situation for drawing up a report. 2) The official report drawn up by relevant security institutions shall be forwarded to relevant Regional Directorate of the Authority. 3) The Dept.G.S shall also be reported about the situation, and the processes for following up and supervision oriented to find out a device shall be started. Keeping Records for Wireless Systems with Cryptograph Article 16- The kinds of system and the devices used, and the brands, models and serial numbers thereof used by the institutions and establishments using wireless device/system with cryptograph shall be kept under the Authority other than those authorized to communicate with cryptograph defined in law. CHAPTER FIVE Production, Sales, Import, Repair and Maintenance Certificates of Authorization for Production and Sales of Wireless Devices/Systems with Cryptograph Article 17- The institutions willing to produce wireless devices and systems with cryptograph shall be subject to the provisions of the Law No: 3763, and the legislation thereof. The matters below shall be required in the application form from the institutions willing to obtain certificates for production and sales of wireless devices and systems with cryptograph. The institution shall have to make an application with an official petition together with the documentation below: a) For the "Authorization Certificate for Production" of wireless devices and systems with cryptograph: 1) The Facility Security Classification and the Certificate for Production License; 2) The Certificate of Cryptographic Security to be issued by the Dept.G.S for the personnel who works in the activities relating cryptograph at the facilities where the wireless devices/systems with cryptograph will be produced, and has an access to cryptographic information, documentation and materials; 3) The Cryptographic Centre Approval to be issued by the Dept.G.S for the sections where activities relating cryptograph take place at the facilities where the wireless devices/systems with cryptograph will be produced; and b) For the "Authorization Certificate for Sales" of wireless devices and systems with cryptograph: 1) The Certificate for Production License obtained by fulfilling the provisions listed in paragraph (a) herein above; 2) The Cryptography Approval to be issued by the Dept.G.S for the wireless part of device; 3) The Certificate of Conformity to Standards to be issued by the Authority for the wireless part of device. As a result of examination of applications the Certificate for Production and Sales shall be issued by the Authority for the period of 2 year. Import of Wireless Devices and Systems with Cryptograph Article 18- If the institutions having the Certificate for Production License shall not be able to meet the requirements from public institutions and establishments for the wireless devices and systems with cryptograph locally then the Certificate of Authorization for Importer, Import License for Sample, and Batch Import License, respectively shall be issued by the Authority for those who will make application with the documentation below: a) For the "Authorization Certificate for Import" 1) The Official petition of application; 2) Certificate of Authorization for Production and Sales; 3) The letter explaining that the procurement has not been met locally; and the Import License for Samples shall be issued b) For import of a sample: 1) The Official petition of application; 2) A letter of approval to be issued by the Dept.G.S in respect to the origin of the wireless devices and systems with cryptograph which import license will be issued therefor; 3) The original Proforma Invoice having the brand, model and price; and 4) The technical documentation. Following importation, the institution shall be oriented to the Authority's Laboratory for testing of the device imported. The Certificates of Cryptography Approval indicating that up to what degree of security classification can be used by the authorized official institution of the country from which the wireless devices with cryptograph have been imported, shall be forwarded to the Dept.G.S for the purpose of evaluation that up to what degree of security classification can be used locally. Devices may be requested to be tested by the NECRI-TUBITAK, if considered convenient. c) For batch import: 1) The Official petition of application; 2) The invoice issued for batch import; 3) Certificate of Conformity to Standards issued by Dept.G.S; and 4) The Cryptography Approval to be issued by the Dept.G.S for the wireless part of device. The institutions having the Certificate of Importer shall, within 15 days following import, deliver the parts relating wireless of their import inventories, and the parts with cryptograph to the Authority and the Dept.G.S, respectively. Sales of Wireless Devices and Systems with Cryptograph Article 19- The institutions dealing with production and import of wireless devices and systems with cryptograph shall have to follow the matters listed below: a) The seller institution shall have the "Certificate of Authorization for Production and Sales"; b) Each wireless devices and systems with cryptograph sold shall receive repair and maintenance services from the seller institution in accordance with Article 20 of the present Regulation; c) No amendment on contrary to the standards and the licenses for system-set up approved by the Authority shall be made on the devices sold; d) The Instruction Manual of device in Turkish for installation and operation, and the Warranty Certificate thereof stamped by the seller institution shall, together with each wireless device and systems with cryptograph sold shall be delivered to the customer; e) The brand, model and the serial number of devices shall clearly be indicated on the invoice thereof given to the customer; f) Setting up in-place and adjustment of the wireless devices and systems with cryptograph sold shall particularly be made by the seller institution. This situation shall be determined by means of the System Reporting Form which will be mutually forwarded to the Authority by both the seller and user. Any and all responsibilities relating setting up and adjustment of the wireless devices and systems with cryptograph shall be of the Seller. g) The institutions obtained authorization of production and sales of the wireless devices and systems with cryptograph shall not be able to sell these devices and systems in anywhere excluding the sale locations thereof, and shall not be able to hold in anywhere the wireless device without an invoice including the locations where the sales permit is issued therefor. Repair and Maintenance of Wireless Devices and Systems with Cryptograph Article 20- Repair and maintenance of the wireless devices and systems with cryptograph shall be made by the institutions having the Certificate of Authorization for Repair and Maintenance which shall be obtained in accordance with the provisions of legislation of the Authority. Export of Wireless Devices and Systems with Cryptograph Article 21- Export of wireless devices and systems with cryptograph shall be made by the firms granted with approval in accordance with the Law No: 3763 and relevant legislation. Tests for Conformity to Standards of Wireless Devices and Systems with Cryptograph Article 22- The parts relevant to the cryptograph and the wireless shall be subject to testing for conformity to standards by the Dept.G.S and the Authority, respectively. Entry into Force Article 23- The present Regulation shall be entry into force on the date of its publication. Execution Article 24- The provisions of present Regulation shall be executed by the Head for Telecommunication Board.
Last post by admin - January 09, 2010, 03:49:58 PM
LAW ON THE ESTABLISMENT OF THE INFORMATION AND COMMUNICATION TECHNOLOGIES AUTHORITY Law No : 2813 Date of Acceptance: 5/4/1983 Issuing Official Gazette: Date: 7/4/1983 No: 18011 Issued Norm: Arrangement: 5 Volume: 22 Page: 261
PART ONE General Terms CHAPTER ONE Purpose, Scope and Definitions Article 1 and 3 – (Repealed: 5/11/2008-5809/66 art.) CHAPTER TWO General Rules, Foundation and Tasks Article 4 – (Repealed: 5/11/2008-5809/66 art.) Foundation Article 5 – (Amended: 27/1/2000-4502/14 Art.) (Article: 5/11/2008-5809/67 art.) With this law hereby, Information and Communication Technologies Authority is founded, as a public legal entity with public administrative and financial autonomy and special budget, in order to fulfill the duties and exercise the powers assigned to it by laws. The Authority is composed of the Information and Communication Technologies Board and Presidency Organization. (Paragraph two amended: 5/11/2008-5809/67 art.) The Authority shall act independently while performing its duties. No organ, authority, institution or person can give orders or instructions to the Authority. The Authority is associated with Ministry of Transport. (Paragraph four amended: 5/11/2008-5809/67 art.) Service units of the Authority include main service body (headquarters) composed of legal consultancy, departments and directorates; advisory and support services units and local body units which were organized under the name of regional directorates. Service units are determined in accordance with the by-law which is proposed by the Authority and put into force upon the approval of the Council of Ministers in accordance with the activity field, tasks and functions of the Authority as defined in this Law hereby. (Paragraph five amended: 5/11/2008-5809/67 art.) Information and Communication Technologies Board is the decision making body of the Authority. The Board is composed of seven members in total, including one Chairman and six members. Chairman of the Board is also the President of the Authority. (First sentence of paragraph six amended: 5/11/2008-5809/67 art.) Chairman of the Board is the highest executive officer of the Authority. The competence to manage and represent the Authority belongs to the Chairman. When needed, the Chairman may transfer his competence of representation in writing. The Board with an offer of the chairman elects one of the members as Vice Chairman. Vice Chairman acts as a proxy holder on behalf of the chairman if he/she is on vocation, sick, home – abroad mission, deposition and in other conditions when he is not present.
(Paragraph seven amended: 5/11/2008-5809/67 art.) The Chairman of the Board is provided with a monthly salary that is equal to the salary paid to the Undersecretary of the Prime Ministry including all kinds of payments, financial and social rights. The payment items which are paid to the Undersecretary of Prime Ministry without any tax deduction or any other deduction will also be paid to the Chairman of the Board without any deduction according to this Law. The members of the board are paid according to the same procedures and principles on condition that their payments are not exceed the payment of the Chairman of the Board. Being limited with the social rights and benefits specified in the Law No. 657 and other Laws, terms and procedures to be applied in determining and providing social rights and benefits to Chairman and the members of the Board, as well as the personnel of the Authority are determined by the Board. Salaries and other financial rights of the personnel assigned in the Authority are determined by the Board taking into consideration the hierarchy among them. Overtime payment and performance based award are paid to the personnel in line with the terms to be determined by the Board. The total payments to the personnel of the Authority shall not exceed the total payments to the members of the Board. (Paragraph eight amended: 5/11/2008-5809/67 art.) Primary and continuous duties and services required under the mission attributed to the Authority by the related Laws are conducted through chief ICT expert, ICT expert, technical expert, administrative expert and other staff. In the Authority, it is required that those who will be assigned as the Vice President of the Authority shall have an experience of at least twelve years as a civil servant, while those who will be assigned as the First legal consultant, head of department, Consultant and director shall have an experience of at least ten years as a civil servant. In addition, the personnel in the professional cadres shall meet the education requirements listed in the paragraph two of the Article 8. The experts are required to have graduated at least four year faculties and other personnel are required to have graduated at least high school or equivalent schools. The personnel of the Authority should fulfill the requirements listed in the Subparagraphs (1), (4), (5), (6) and (7) of the Paragraph (A) of the Article 48 of the Law No. 657. (Paragraph nine amended: 5/11/2008-5809/67 art.) In order to be assigned as assistant expert in the Authority, the candidates are required to have graduated the faculties or departments listed in the Paragraph two of the Article 8 of this Law, to have taken the central competition examination, to have command on at least one of the foreign languages at the predetermined level, to be younger than thirty on the first day of January of the year when the examination of the Authority is held and to have passed this examination. Those who are assigned as assistant expert are re-assigned as expert to the cadres of either ICT expert, technical expert or administrative expert depending on their subject matter of interest on condition that they work in the Authority at least for three years, have good records of professional performance, be granted acceptance for their thesis and succeed in the competence examination. During this re-assignment, these experts are granted one degree only for once. Those who fail twice in the thesis justification and competence examination loose their entitlement of assistant expert and re-assigned to positions that are appropriate to their acquired rights. Those who are assigned to the technical expert and administrative expert cadres in the Authority can be assigned to the cadres of ICT expert on condition that they graduate a Master's Program or Doctorate Program on subject matters related with the missions of the Authority and in the fields stated in the Paragraph two of the Article 8 of this Law hereby and that they have command on one of the pre-determined foreign languages at requested level. Entrance and competence examinations, terms and procedures of working of experts and assistant experts are regulated in accordance with the by-law to be issued by the Authority.
Paragraph ten amended: 5/11/2008-5809/67 art.) Personnel of the Authority are employed on the basis of a contract in return for a cadre. The personnel of the Authority are subject to the Law No. 657 except for the salaries, social and other financial rights and the provisions set out in this Law. Board members and personnel of Authority may not disclose the information and trade secrets they have gained for the parties and third persons during supervisions and investigations except for the legal authorities for whom an authorization is given for this purpose and may not utilize for their personal benefits. This liability will continue after they quit. Money, documents, files and every kind of goods of the Authority is the property of the State. Board members and Authority staff shall be counted as civil servant during their employment for the crimes they have committed or for the crimes committed against themselves.(Supplementary Article: 5/11/2008-5809/67 art.) Investigation permit for the Chairman and the members of the Board is issued by the related Minister and the investigation permit for the personnel of the Authority is issued by the Chairman. The provisions set out in the Article 104 of the Banking Law No. 5411 dated 19/10/2005 are applied for the criminal and legal liability of the Members of the Board and the personnel of the Authority. (1) All references made to the General Directorate of Wireless Work and General Directorate of Wireless are deemed to have been made to the Information and Communication Technologies Authority, while any reference made to the General Director of the Wireless Work and the General Director of Wireless are deemed to have been made to the Chairman of the Board. (1) (Paragraph thirteen amended: 5/11/2008-5809/67 art.) The Authority is not subject to the Allowance Law dated 10.2.1954 and numbered 6245. Per Diem payments of the Authority are made in accordance with the Article 14/A of the Decree Law dated 4.7.2001 and numbered 631 However, payments made by the personnel who can document the payment he or she made for accommodation are not taken into consideration up to the one and half time of the concerned amount. The fees to be paid for accommodation and the terms to be applied in implementing this Article are determined by the Board. The Authority is not subject to the provisions set out in the Law of State Court of Accounts dated 21.2.1967 and numbered 2886 in terms of visa and registration and the Public Procurement Law dated 8.9.1983 and numbered 2886. The Authority is inspected by the Court of Accounts. Income of the Authority is exempt from all kinds of taxes, duty and levies. The Authority freely uses the financial resources allocated to it in accordance with the terms and procedures stated in the legislation, at an extent that is required for the performance of its missions and powers, within the terms and procedures determined on the basis of its own budget. (Paragraph fourteen amended: 5/11/2008-5809/67 art.) Where required to perform its services, the Authority reserves its right to found regional directorates, at the most ten ones in total around the country. (Paragraph fifteen amended: 5/11/2008-5809/67 art.) The income items of the Authority are as follows: a) The administrative fees to be collected from the Operators as a contribution to all kinds of expenses related with the administrative costs of the Authority, at an amount not exceeding the five per thousand of the previous year's net sales achieved by the operators in accordance with the Article 11 of the Electronic Communication Law. b) The fees to be collected in accordance with the Article 46 of the Electronic Communication Law. c) The income that accrued as a result of utilization of the Authority's capacities and skills, along with the services to the rendered by the Authority by third Parties in accordance with the Electronic Communication Law. ç) Incomes to be earned from all kinds of printed materials, forms and publications. d) Incomes to be earned from the consultancy services. e) Incomes to be earned from courses, meetings, seminars and training activities. f) Administrative fines to be applied by the Authority and Telecommunication Communication Presidency g) Contribution to be provided from the general budget when needed. h) All kinds of donations, supports and other items of income. Terms and procedures concerning the income and expenses of the Authority are regulated through a by-law. (Supplementary paragraph: 4/5/2007-5651/12 art.) Freelance lawyers can be employed on contract basis or representation contracts can be signed with lawyer partners through direct procurement as stated in the Article 22 of the Public Procurement Law dated 4.1.2002 and numbered 4734 in terms of the principles and procedures to be determined by the Board in the places where there is a unit of the Authority on condition that the maximum number of lawyers shall not exceed two in each regional directorate and ten in total. Article 6 and 7 – (Repealed: 5/11/2008-5809/66 art.) Staff Qualifications Article 8 – (Amended: 27/1/2000 - 4502/17 Art.) Chairman and members of Board are appointed by the Council of Ministers for a period of five years. Re-appointment of Chairman and members of the Board after expiration of their term of office is possible. (Sentence three amended: 5/11/2008-5809/67 art.) The Chairman and the Members of the Board can be dismissed from their position with the Decision of the Council of Ministers before the expiration of their term of office, only in the case that they display incapacity to work due to a disease or disorder that constitutes an impediment before their performance at work or loose the qualifications that were required for their assignment to the relevant position. (Paragraph two amended: 5/11/2008-5809/67 art.) In order to be assigned as a member of Board, the candidates should have the following qualifications: having graduated from any of the following; faculties or departments of electronics, electrical-electronics electronics and communications, industrial, physics, mathematics, computer, telecommunications and business engineering; or having graduated from faculties or departments of political science, economical and administrative sciences, economics, law, and management or having graduated with the title of mathematician or physicist or having graduated from faculties or universities abroad which are recognized as equivalent to the previously listed departments and faculties by the relevant authorities; or having completed master's or doctorate programs in the listed fields although not being a graduate of the concerned faculties/ departments; having sufficient knowledge and experience in the field of electronic communication in addition to sufficient level of professional knowledge; having worked in the public sector or private sector for at least ten years; meeting the requirements stated in the subparagraphs of (1), (4), (5), (6) and (7) of the Article 48 of the Law No. 657. The candidates shall have no past experience of working in the management and inspection departments of a political party or they should have already quit working in that position. (Paragraph three amended: 16/6/2004-5189/8 art.) Chairman of the Board, one member that represent the wireless services and two members that represent the telecommunication services are assigned through selection among the candidates proposed by the Minister of Transportation. The number of the proposed candidates will be two times of the number of the positions to be filled.
Two members representing telecommunications sector are appointed among candidates to be selected by operators who are dealing with manufacturing of telecommunication devices and systems or who are serving in the field of telecommunications and having at least 10 % share of telecommunication market in Turkey. The determinations regarding service markets and market shares of operators for the application of this Article shall be made by the Authority. Any operator whatever its market share is may field at most two candidates. The member representing consumers is appointed among each of two candidates to be field by Ministry of Trade and Industry and The Union of Chambers and Stock Exchanges of Turkey. In case that there shall be a missing position for Board memberships for any reason, selection and appointment are made for the missing positions in three months in the scope of above mentioned procedures. The persons appointed in this manner shall complete the term of the previous member. In case that the Board is hindered for decision making with the missing participation, chairman of Board shall act as a proxy for the Board member who is not participating to the meeting. In case that the Chairman of Board does not participate in meeting the Vice Chairman shall act as proxy. In case that the members of the Board do not participate in four consecutive Board meetings without any excuse, the related member of Board shall be counted as resigned from the Board, and immediately the appointment process of the new member shall be commenced. The members of Board can not serve in an official or private work unless it is stated in a private Law, can not deal with trade, cannot have self employment and especially they cannot be managers or shareholders of any telecommunications company. The member representing telecommunications sector must have no relations with the operator company which fielded himself as a candidate and may have not relations with the said company as an employee, consultant or as a shareholder for at least two years following his deposition. (Amended Provision: 5/11/2008-5809/67 art.) The Board convenes upon the invitation of the Chairman or demand of at least three members of the Board. The Board is conducted by the chairman. The vice chairman conducts the Board in the absence of the Chairman. The agenda of the meeting is determined by the Chairman. An additional item can be added to the agenda if it is proposed by one member and approved by at least three members. Board Members who fail to attend the Board Meetings for five times in total within one calendar year without a reasonable excuse shall be deemed to have withdrawn from the membership. This is recorded with a Board decision and notified to the related Minister. The Board Decisions shall consummate within fifteen days at the latest as of the date they are opened to the signature by the Chairman of the Board. The Board Members who fail to sign the Decision within the given time without an excuse shall be deemed to have voted in line with the vote of the Chairman, even if they have attended the meeting in which the decision has been taken. The Board convenes depending on the presence of at least five members and takes decisions with the affirmative vote of at least four members. The members are not entitled to use abstaining vote. In cases where quorum of votes can not be achieved in one meeting and there is equality of votes in the following meetings, the vote used by the Chairman is accepted as the superior one and decision is made accordingly. The decision of board is recorded in meeting minutes. Decisions of the Board are not subject to expediency inspection during the administrative inspection of the Authority. Meetings of the Board are deemed confidential. When needed, experts may be invited to the meetings of the Board to express opinion on the subject matter. The decisions which the Board considers appropriate for announcement are announced to the public through appropriate ways, mainly on the Internet. The regulatory decisions considered appropriate by the Board, are sent to the associated Ministry and Prime Ministry to be published in the Official Gazette. Board Members cannot vote on subjects where they themselves or their relatives with a kinship degree specified in the paragraph (3) of the Article 245 of the Civil Procedure Law No. 1086 or telecommunication companies where such relatives work as managers or top level staff are involved. Chairman and Members of Board and personnel of the Authority are subject to the Retirement Fund Law of Turkish Republic No. 5434. For retirement, additional indicators and position-based benefits applied for the undersecretary of the Ministry are provided to the Chairman. Additional indicators and position-based benefits applied for Deputies of undersecretary are provided to Members of the Board. Additional indicators and positionbased benefits applied for General Managers of the Ministry are provided to Vice Presidents. Additional indicators and position-based benefits applied for Deputy Director General of the Ministry are provided to department heads and regional directors. Additional indicators and position-based benefits applied for Prime Ministry Experts are provided to ICT experts, communications experts, technical experts and administrative experts. The periods of time passed in these positions are considered to have passed in positions that require position representation and duty compensation payment. Additional indicators that are applied to the equivalent positions in the Civil Servants Law No 657 are applied to the remaining personnel in the Authority. The ties of the ones who are assigned to the positions of Chairman and Board Members are cut off with their previous positions. (Supplementary sentence: 5/11/2008-5809/67 art.) These provisions are also applied for the Chairman and Members of the Board, with an academic background in the universities, without prejudice to the requirements of acquiring academic degrees (Amended provision 5/11/2008-5809/67 art.) However, in the event that terms of those who were assigned as members while they were civil servants expires or they apply for leaving the office or returning to their previous institution in thirty days, they are assigned to appropriate cadres at the latest in one month as of the date of their application. Between the date on which their membership expires and the date they are re-assigned, the Authority continues to pay their monthly salaries, social rights and benefits. The Authority ceases to make such payments as of the date they are re-assigned to appropriate cadres. As for the chairman and members who are not civil servants assigned in a state institution, the Authority will pay their salaries on the basis of the salary they were receiving on the date of term expiration, along with their social rights and benefits until they are employed or re-assigned again. The Authority shall not make such payments more than one year and any increases made in the salaries or social benefits shall not be reflected on such payments. (Supplementary paragraph: 5/11/2008-5809/67 art.) Professional and ethical principles to be followed by the Members of the Board and the personnel of the Authority, as well as other terms of working of the Board are regulated by the Board. (Supplementary paragraph: 5/11/2008-5809/67 art.) The Board shall conduct the following services and exercises the following powers in addition to the functions assigned in this Law and other legislation: a) The Board shall make the secondary regulations regarding electronic communications sector taking into consideration the international principles and practices and take decisions following discussions on the subject matters concerning the missions of the Authority. b) To assign the vice presidents, first legal consultant, heads of departments and regional directors. c) To determine the strategic plan, performance criteria, objectives and targets, quality of service standards of the Authority and establish the human resources and working policies to determine the service units and their missions of the Authority. ç) To discuss and decide on the budget proposal prepared in line with the strategic plan, objective and targets of the Authority. d) To fulfill other duties assigned by laws. (Supplementary Paragraph: 5/11/2008-5809/67 art.) The Board is authorized to transfer some of its duties to the Chairman, by determining the limits and justification. (Supplementary paragraph: 5/11/2008-5809/67 art.) Functions and powers of the Chairman are follows: a) To determine the agenda, day and time of the Board meetings, to manage the meetings and to take action concerning the proposals for additional agenda items and to inform the Board accordingly. b) To take action upon a decision given by the Board and follow up its implementation. c)To finalize the proposals submitted by the service units and submit them to the attention of the Board. ç) To prepare the annual budget and the financial tables of the Authority and approve the final accounts. d) To ensure that service units work efficiently and in harmony, with the highest level of coordination. e) To prepare annual working plan and activity plan and evaluate the activities according to the objectives, targets and performance criteria. f) To evaluate the performance of the personnel according to the performance criteria. g) To assign the personnel of the Board except for the ones whose assignments are to be made by the Board. ğ) To determine the duties and power limits of the personnel who are authorized to sign a document on behalf of the Chairman of the Authority h) To fulfill the other duties concerning the management and activities of the Authority. (Supplementary Paragraph: 5/11/2008-5809/67 art.) The Chairman may transfer some of his duties and powers concerning the Board to his inferiors, on condition that transfer is realized in written and with clear limits. At most fifteen Consultants of Chairman can be assigned in order to provide the Chairman with advices. (Supplementary Paragraph: 5/11/2008-5809/67 art.) Vice Presidents of the Authority are responsible for providing the harmony and cooperation between the service units under their management and fulfill the tasks assigned by the Chairman. When the Chairman and the Vice Chairman are not present, one of the Vice Presidents may act as a proxy to the Chairman for the duties related to his "president" position. (Supplementary Paragraph: 5/11/2008-5809/67 art.) On the condition that it will not exceed the total number of cadres in the Authority, the changes in degree due to promotion, changes in the class, title and degree in unfilled cadres are realized through the Decision of the Board.
PART TWO Wireless Devices CHAPTER ONE General Provisions
Article 9 to 12 – (Repealed: 5/11/2008-5809/66 art.) CHAPTER TWO Wireless Transmitter, Transmitter-Receiver Devices
Article 13 to 22 – (Repealed: 5/11/2008-5809/66 art.) CHAPTER THREE Wireless Receiver Devices Article 23 to 25 – (Repealed: 5/11/2008-5809/66 art.) PART THREE Devices Having Electronic Identity Information (Annex : 2/7/2005-5392/2 Art.) Article 25a to 25d– (Repealed: 5/11/2008-5809/66 art.) PART FOUR Miscellaneous Provisions Article 26 to 34 – (Repealed: 5/11/2008-5809/66 art.) Supplementary Article 1 – (Supplement: 9/4/1985 - 3178/1 art.; Repealed: 5/11/2008- 5809/66 art.) Annexed Article 2- (Annex: 16/6/2004-5189/10 Art.) The maritime communication and navigation security services carried out by Management of Wireless Systems which continues its activities by Türk Telekom shall be applied by General Directorate of Coastal Safety and Salvage Administrations excluding maritime communication services provided over satellite. Regarding these services, all assets, immovable properties, inventories, properties, remote control devices and data channels, all measurement devices, motor vehicles, wireless systems, agreements, rights and receivables and debts, cases those will be filed or currently filed for the benefit or against and enforcement proceedings, and staff in this Directorate and in Antalya and Samsun control centres subject to labour legislation within Türk Telekom will be transferred to the General Directorate of Coastal Safety and Salvage Administrations with the protocols to be signed in three months. All transfer, alienation, and transfer transactions and every kind of agreements, protocols and documents are exempted from value added tax and duty tax and every kind of tax, duties and charges and similar financial liabilities. The transferred personnel shall be employed in the positions to be determined by the General Directorate in scope of main status and legislation of General Directorate and the relation of transferred personnel with the social security organization and their severance pay application shall continue in this General Directorate in scope of the same rules and procedures. The total net amount of the payments made to the transferred personnel for their total salaries, premium pays and similar payments on the date of transfer shall be paid by General Directorate of Coastal Safety and Salvage Administrations in case if it is more than the total net amount of monthly salaries excluding premium pays, every kind of payments, over time pays and additional course fee paid against actual studies until the difference is totally paid by this General Directorate. (Paragraph four repealed: 5/11/2008-5809/66 art.)
The references directly or indirectly made to Türk Telekom with this Law regarding the services those are transferred to General Directorate of Coastal Safety and Salvage Administrations shall be accepted to be made to General Directorate of Coastal Safety and Salvage Administrations. Supplementary Article 3 – (Supplement: 1/3/2006-5467/9 art.; Repealed: 5/11/2008-5809/66 art.) Supplementary Article 4 – (Supplement: 5/11/2008-5809/67 art.) All cadres in the list (2) which are in the attachment of the Law and were allocated to the Turkish Telecommunication Authority with the Article 1 of the Law No. 4502, along with all of their annexes and amendments are annulled. The cadres in the tables (I) and (II) in the attachment were allocated to be used in the services of the Information and Communication Technologies Authority. Temporary provisions Temporary Article 1 to 5 – (Repealed: 5/11/2008-5809/66 art.) Temporary Article 6- (Annex: 2/7/2005-5392/5 Art.; Repealed: 5/11/2008-5809/66 art.) Temporary Article 7- (Annex: 2/7/2005-5392/5 Art.; Repealed: 5/11/2008-5809/66 art.) Temporary Article 8- (Supplement: 5/11/2008-5809/67 art.) The Chairman, Members of the Board and the executive personnel and the personnel whose cadre and titles are not changed due to the new arrangement introduced with this Law are considered to have been assigned to their new cadres without any additional transaction. In the case that the total amount of payments they receive for their old cadres and the total amount of payments they will receive (excluding overtime fee and performance based award), shall be paid to the personnel who are assigned as defined in the above in the form of a compensation without any tax deduction or any other deduction, as long as they work in this cadre. No more compensation is paid to those who are assigned to a cadre upon their own request and those who are transferred to other institutions. The personnel whose cadre and title are changed or annulled shall be assigned to appropriate cadres in six months as of the date on which this Law is put into effect. They may be assigned in the positions where they are needed by the Authority until their re-assignment. These personnel continue to receive the payments of their previous title. Paragraph one is applied for the differences in the monthly salary, all kinds of financial and social rights of the personnel assigned. The personnel who are assigned in the cadres of telecommunication expert and assistant telecommunications expert or those who are granted these titles are considered to have been assigned to the cadres of ICT expert or assistant ICT expert or have been granted these titles, without further operation. The periods they pass in their previous cadre are considered to have passed in their new cadre. The terms of telecommunication experts and assistant experts mentioned in the previous legislation are understood as ICT expert and assistant ICT expert. Service units and organization of the Authority are conducted by the units who were previously responsible for such duties until they are re-arranged in line with this Law hereby. In line with the Article 6 of the Law No. 4502, among the personnel who were assigned in the Wireless General Directorate as the deputy general manager, head of department, head of section, chief inspector and inspector before it is announced in the Official Gazette that Telecommunications Authority starts to operate, and assigned to the cadres of the Authority, the ones who were assigned in the cadres except for the cadres with the title of telecommunication expert will be assigned to administrative or technical cadres depending on the field of education after this Article is put into effect. Temporary Article 9- (Supplement: 5/11/2008-5809/67 art.) The personnel who are graduates of four year university programmes may be re-assigned as technical expert or administrative expert, depending on their field of education, in five years as of the publication of this Law, on condition that they have worked as a civil servant for three years, fulfill the requirements to be specified by the Authority through by-law and are granted acceptance for their thesis or they graduate a Master's (with Thesis) or Doctorate Program. The list (II) attached with the Law numbered 2813 and dated 1.3.2006 and the Article 9 of the Law No. 5467 and the cadres added to this list with the Article 10 of the Law No. 5651 are eliminated from the attachment of the Law and added to the Law No. 5651 as the List (I). Execution Article 35 – This Law shall enter into force as the following; a) The provisions related with the organization of the Authority on the date of issuing, b) The provisions regarding amateur wireless systems operations after one year after the issuing of the Law, c) Its other provisions after six months of the issuing date of Law, Execution: Article 36 – The provisions of this Law shall be executed by the Council of Ministers. LIST 1 (Supplement: 5/11/2008-5809/67 art) THE CADRES CREATED FOR INFORMATION AND COMMUNICATION TECHNOLOGIES AUTHORITY ORGANIZATION: HEADQUARTERS CLASS TITLE GRADE QUANTITY GİH Chairman of the Board 1 1 GİH Board Member 1 6 GİH Telecommunications Director 1 1 GİH Authority Vice President 1 4 GİH Consultant of President 1 15 GİH Chief Legal Advisor 1 1 GİH Head of Department 1 13 GİH Legal Advisor 1 2 GİH Director 1 3 GİH Defense Expert 1 1 GİH Press and Public Relations Consultant 1 1 GİH Chief ICT Expert 1 20 TH Technical Expert 1 1 GİH Administrative Expert 1 1 GİH Juristic Expert 1 1 GİH Expert 1 46 GİH ICT Expert 1 20 GİH Administrative Expert 1 4 TH Technical Expert 1 4 SH Department Physician 1 1 TH Engineer 1 21 TH Technician 1 4 AH Lawyer 1 1 GİH Accountant for equipments and inventory 1 1 SH Nurse 1 1 GİH ICT Expert 2 9 TH Engineer 2 8 TH Technician 2 3 GİH Analyst 2 1 GİH Expert 2 1 GİH ICT Expert 3 4 GİH Administrative Expert 3 2 TH Technical Expert 3 2 GİH Expert 3 1 TH Engineer 3 6 TH Technician 3 1 TH Mechanist 3 11 GİH Chief 3 26 GİH Computer Operator 3 4 GİH Expert 4 3 GİH ICT Expert 4 6 TH Engineer 4 4 TH Mechanist 4 2 GİH Chief 4 6 AH Lawyer 4 4 GİH Expert 5 2 GİH ICT Expert 5 14 GİH Administrative Expert 5 2 TH Technical Expert 5 2 TH Engineer 5 4 TH Mechanist 5 3 GİH Chief 5 1 AH Lawyer 5 1 GİH Computer Operator 5 3 GİH Civil Servant 5 39 GİH Driver 5 9 YH Watchman 5 2 GİH ICT Expert 6 3 TH Mechanist 6 1 GİH Civil Servant 6 4 GİH Driver 6 1 YH Watchman 6 1 GİH Assistant ICT Expert 7 8 GİH Civil Servant 7 1 YH Employee in charge for central heating 7 1 GİH Assistant ICT Expert 8 21 GİH Assistant Administrative Expert 8 8 TH Assistant Technical Expert 8 8 GİH Driver 8 1 GİH Assistant ICT Expert 9 18 GİH Civil Servant 10 1 OVERALL 437 TABLE NO. (II) OF THE CREATED POSITIONS AUTHORITY: INFORMATION TECHNOLOGIES AND COMMUNICATIONS AUTHORITY ORGANIZATION: PROVINCES CLASS TITLE GRADE QUANTITY GİH Regional Director 1 8 GİH Regional Director Assistant 1 12 GİH ICT Expert 1 9 TH Technical Expert 1 5 GİH Expert 1 9 TH Engineer 1 8 TH Technician 1 4 GİH ICT Expert 2 3 TH Engineer 2 6 GİH Expert 2 2 TH Technician 2 3 GİH ICT Expert 3 6 TH Technical Expert 3 5 TH Engineer 3 3 TH Technician 3 1 TH Mechanist 3 12 GİH Chief 3 8 GİH Computer Operator 3 6 GİH ICT Expert 4 1 TH Engineer 4 2 GİH Expert 4 1 TH Mechanist 4 7 GİH Chief 4 1 GİH ICT Expert 5 16 AH Lawyer 5 3 TH Engineer 5 4 TH Technician 5 1 GİH Chief 5 1 GİH Computer Operator 5 1 GİH Civil Servant 5 7 GİH Warehouse Civil Servants 5 1 GİH Driver 5 3 GİH ICT Expert 6 8 TH Mechanist 6 1 GİH Driver 6 1 GİH Chief 7 1 GİH Driver 7 2 GİH Assistant ICT Expert 8 15 TH Assistant Technical Expert 8 5 GİH Civil Servant 8 1 GİH Assistant ICT Expert 9 10 OVERALL 203