Turkish Law

TURKISH CIVIL CODE
Law No : 4721
Date of Acceptance : 22/11/2001
Published on Official Gazette: Date: 8/12/2001 Nr : 24607
Published Code : Series : 5 Vol: 41
Status: As per Article 22 of Law no.4722, dated 3/12/2001 on Enforcement and
Implementation of Turkish Civil Code; by the time new regulations are made, provisions of bylaws
and regulations in force that are not contrary to Turkish Civil Code shall be in effect, hence please see
the numerical index arranged in accordance with laws (No. 743) for "Corpus of Bylaws"and "Corpus
of Regulations and see the numerical index arranged in line with Law No.4721 for the bylaw put into
effect based on Law No 4721.

For provisions of the repealed Law No.743, dated 17/2/1926 please see Volume 2 page
number 1299 and onwards of 'Corpus of Abolished Provisions of Certain Laws in Force' and for the
repealed provisions of Law No.4721, please see page number 1304-135 and onwards.
Law N. 4721, dated 7/12/2002 Date Of Acceptance : 22.11.2001
Text uptated Law No. 4963, dated 6/8/2003 published in official Gazette No.
25192 dated 7/8/2003

Turkish Personal Data Protection Law No.6698

Enacted on 24/3/2016
Published in the Official Gazette
Date: 7/4/2016
No: 29677


CHAPTER I
PURPOSE, SCOPE, AND DEFINITONS
Purpose
ARTICLE 1 – (1) The purpose of this Law is to protect the fundamental rights and freedoms of persons, privacy of personal life in particular, while personal data are processed, and to set forth obligations of natural and legal persons who process personal data and procedures and principles to comply with for the same.

Scope
ARTICLE 2 – (1) The provisions of this Law shall apply to natural persons whose personal data are processed and natural or legal persons who process such data wholly or partly by automatic means or otherwise than by automatic means which form part of a filing system.

Definitions
ARTICLE 3 – (1) In practice of this Law, the terms used herein shall have the following meanings:

a) Explicit Consent: Freely given specific and informed consent;

b) Anonymization: Rendering personal data by no means identified or identifiable with a natural person even by linking with other data;

c) President: President of the Board of Protection of Personal Data;

ç) Data subject : Natural person whose personal data are processed;

d) Personal Data: Any information relating to an identified or identifiable natural person;

e) Processing of personal data: Any operation which is performed upon personal data such as collection, recording, storage, preservation, alteration, adaptation, disclosure, transfer, retrieval, making available for collection, categorization or blocking its use by wholly or partly automatic means or otherwise than by automatic means which form part of a filing system;

f) Board: The Board of Protection of Personal Data;

g) Authority: The Authority of Protection of Personal Data;

ğ) Data processor: Natural or legal person who processes personal data based on the authority granted by and on behalf of the data controller;

h) Filing system : Any recording system through which personal data are processed by structuring according to specific criteria;

ı) Data controller: Natural or legal person who determines the purposes and means of the processing of personal data, and who is responsible for establishment and management of the filing system.

CHAPTER II
PROCESSING OF PERSONAL DATA
General Principles
ARTICLE 4 – (1) Personal data shall only be processed in accordance with the procedures and principles set forth by this Law or other laws.

(2) The below principles shall be complied with when processing personal data:

a) Being in conformity with the law and good faith;

b) Being accurate and if necessary, up to date;

c) Being processed for specified, explicit, and legitimate purposes;

ç) Being relevant, limited and proportionate to the purposes for which data are processed;

d) Being stored only for the time designated by relevant legislation or necessitated by the purpose for which data are collected.

Conditions for Processing of Personal Data
ARTICLE 5 – (1) Personal data shall not be processed without obtaining the explicit consent of the data subject.

(2) Personal data may be processed without obtaining the explicit consent of the data subject if one of the below conditions exists:

a) It is expressly permitted by any law;

b) It is necessary in order to protect the life or physical integrity of the data subject or another person where the data subject is physically or legally incapable of giving consent;

c) It is necessary to process the personal data of parties of a contract, provided that the processing is directly related to the execution or performance of the contract;

ç) It is necessary for compliance with a legal obligation which the controller is subject to;

d) The relevant information is revealed to the public by the data subject herself/himself;

e) It is necessary for the institution, usage, or protection of a right;

f) It is necessary for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not harmed.

Conditions for Processing of Special Categories of Personal Data
ARTICLE 6 – (1) Data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dressing, membership of association, foundation or trade-union, health, sexual life, criminal conviction and security measures, and biometrics and genetics are special categories of personal data.

(2) It is prohibited to process special categories of personal data without obtaining the explicit consent of the data subject.

(3) Personal data indicated in paragraph 1, other than personal data relating to health and sexual life, may be processed without obtaining the explicit consent of the data subject if processing is permitted by any law. Personal data relating to health and sexual life may only be processed without obtaining the explicit consent of the data subject for purposes of protection of public health, operation of preventive medicine, medical diagnosis, treatment, and care services, planning and management of health services and financing by persons under the obligation of secrecy or authorized institutions and organizations.

(4) It is additionally required to take the adequate measures designated by the Board when special categories of personal data are processed.

Deletion, Destruction, and Anonymization of Personal Data
ARTICLE 7 – (1) Personal data that is processed in accordance with this Law or relevant other laws shall be deleted, destroyed or anonymised either ex officio or upon request by the data subject in case the reasons necessitating their processing cease to exist.

(2) Provisions of other laws relating to deletion, destruction, and anonymization of personal data are reserved.

(3) Procedures and principles relating to deletion, destruction and anonymization of personal data shall be set forth by a regulation.

Transfer of Personal Data
ARTICLE 8 – (1) Personal data shall not be transferred without obtaining the explicit consent of the data subject.

(2) Personal data may be transferred without obtaining the explicit consent of the data subject if one of the conditions set forth under the following exists:

a) The second paragraph of article 5,

b) On the condition that adequate measures are taken, the third paragraph of article 6.

(3) Provisions of other laws relating to the transfer of personal data are reserved.

Transfer of Personal Data Abroad
ARTICLE 9 – (1) Personal data shall not be transferred abroad without obtaining the explicit consent of the data subject.

(2) Personal data may be transferred abroad without obtaining the explicit consent of the data subject if one of the conditions set forth in the second paragraph of article 5 or third paragraph of article 6 is present and

a) If the foreign country to whom personal data will be transferred has an adequate level of protection,

b) In case there is not an adequate level of protection, if the data controllers in Turkey and abroad commit, in writing, to provide an adequate level of protection and the permission of the Board exists.

(3) The countries where an adequate level of protection exist shall be declared by the Board.

(4) The Board shall decide whether there is adequate level of protection in a foreign country and whether approval will be granted in terms of indent (b) of the second paragraph by evaluating

a) The international agreements to which Turkey is a party,

b) Reciprocality regarding transfer of personal data between the country requesting personal data and Turkey,

c) With regard to each present transfer of personal data, nature of personal data and purpose of processing and retention,

ç) Relevant legislation and practice of the country to whom personal data will be transferred,

d) Measures committed by the data controller in the country to whom personal data will be transferred

and if it requires, by obtaining the opinion of relevant public institutions and organizations.

(5) Save for the provisions of international agreements, in cases where interests of Turkey or the data subject will be seriously harmed, personal data shall only be transferred abroad upon the approval of the Board by obtaining the opinion of relevant public institutions and organizations.

(6) Provisions of other laws relating to the transfer of personal data abroad are reserved.

CHAPTER III
RIGHTS AND OBLIGATIONS
Data Controller's Obligation to Inform
ARTICLE 10 – (1) Data controller or the person it authorized is obligated to inform the data subjects while collecting the personal data with regard to

a) The identity of the data controller and if any, its representative,

b) The purposes for which personal data will be processed,

c) The persons to whom processed personal data might be transferred and the purposes for the same,

ç) The method and legal cause of collection of personal data,

d) The rights set forth under article 11.

Rights of Data Subject
ARTICLE 11 – (1) Everyone, in connection with herself/himself, has the right to;

a) Learn whether or not her/his personal data have been processed;

b) Request information as to processing if her/his data have been processed;

c) Learn the purpose of processing of the personal data and whether data are used in accordance with their purpose;

ç) Know the third parties in the country or abroad to whom personal data have been transferred;

d) Request rectification in case personal data are processed incompletely or inaccurately;

e) Request deletion or destruction of personal data within the framework of the conditions set forth under article 7;

f) Request notification of the operations made as per indents (d) and (e) to third parties to whom personal data have been transferred;

g) Object to occurrence of any result that is to her/his detriment by means of analysis of personal data exclusively through automated systems;

ğ) Request compensation for the damages in case the person incurs damages due to unlawful processing of personal data

by applying to the data controller.

Obligations Regarding Data Security
ARTICLE 12 – (1) Data controller shall take all necessary technical and organizational measures for providing an appropriate level of security in order to

a) Prevent unlawful processing of personal data,

b) Prevent unlawful access to personal data,

c) Safeguard personal data.

(2) In case personal data are processed on behalf of the data controller by another natural or legal person, the data controller shall be jointly liable with such persons with regard to taking the measures set forth in the first paragraph.

(3) The data controller is obligated to carry out or have carried out necessary inspections within his institution and organization in order to ensure implementation of the provisions of this Law.

(4) Data controller and persons who process data shall not disclose and misuse personal data they learned contrary to the provisions of this Law. This obligation shall continue after leaving office.

(5) In case processed personal data are acquired by others through unlawful means, the data controller shall notify the data subject and the Board of such situation as soon as possible. The Board, if necessary, may declare such situation on its website or by other means which it deems appropriate.

CHAPTER IV
APPLICATION, COMPLAINT, DATA CONTROLLERS' REGISTRY
Application to Data Controller
ARTICLE 13 – (1) The data subject shall convey her/his requests relating to the enforcement of this Law to the data controller in writing or by other means designated by the Board.

(2) The data controller shall conclude the requests included in the application free of charge and as soon as possible considering the nature of the request and within 30 days at the latest. However, in case the operation necessitates a separate cost, the fee in the tariff designated by the Board may be collected.

(3) The data controller shall accept the request or reject it by explaining the reason and notify the data subject of its reply in writing or electronically. In case the request included in the application is accepted, it shall be fulfilled by the data controller accordingly. In case the request is resulted from the fault of the data controller, the collected fee shall be returned to the data subject.

Complaint to the Board
ARTICLE 14 – (1) In case the application is rejected, replied insufficiently, or not replied in due time; the data subject may file a complaint with the Board within 30 days following the date he/she learns the reply of the data controller and in any event, within 60 days following the date of application.

(2) Complaint remedy cannot be applied to without exhausting the application remedy set forth under article 13.

(3) Compensation rights of the ones whose personal rights are violated are reserved.

Procedures and Principles of Inspection Ex Officio or upon Complaint
ARTICLE 15 – (1) The Board shall conduct necessary inspection within the scope of its remit either ex officio in case it learns the allegation of a violation or upon complaint.

(2) Notices and complaints which do not meet the conditions set forth under the 6th article of The Law on the Exercise of the Right to Petition numbered 3071 and dated 1/11/1984 shall not be inspected.

(3) Except for the information and documents that constitute state secrets; data controller shall submit the information and documents requested by the Board related to its subject of inspection in 15 days and if necessary, provide for examining on-site.

(4) Upon complaint, the Board inspects the request and replies to those concerned. If not replied within sixty days following the date of the complaint, the request shall be deemed to be rejected.

(5) As a result of the inspection conducted either ex officio or upon complaint, in case it is understood that a violation exists, the Board decides that the illegalities it identified shall be eliminated by the data controller and serves it to those concerned. This decision shall be fulfilled accordingly without delay and within 30 days at the latest as from the notice.

(6) As a result of the inspection conducted either ex officio or upon complaint, in case it is determined that the violation is prevalent, the Board shall adopt a resolution and publish it. The Board, if necessary before adopting the resolution, may obtain the opinion of relevant public institutions and organizations.

(7) In case serious or irreparable losses occur and illegality clearly exists, the Board may decide processing of data or transfer of data abroad to be ceased.

Data Controllers' Registry
ARTICLE 16 – (1) Under the supervision of the Board, Data Controllers Registry shall be kept by the Presidency in a publicly available manner.

(2) Natural or legal persons who process personal data shall register with the Data Controllers Registry prior to commencing processing. However, considering objective criteria that shall be designated by the Board such as the characteristics and the number of data to be processed, whether or not data processing is based on any law, or whether data will be transferred to third parties, the Board may set forth exemptions to the obligation to register with the Data Controllers Registry.

(3) Registry application to the Data Controllers Registry shall be made with a notification including the following matters:

a) Identity and address information of the data controller and of the representative thereof, if any.

b) The purposes for which personal data will be processed.

c) The group or groups of persons subject to the data and explanations regarding data categories belonging to these persons.

ç) Recipient or groups of recipients to whom personal data may be transferred.

d) Personal data which is envisaged to be transferred abroad.

e) Measures taken for the security of personal data.

f) The maximum period of time necessitated by the purposes for which personal data are processed.

(4) Changes to the information provided as per the third paragraph shall be immediately reported to the Board.

(5) Other procedures and principles relating to the Data Controllers Registry shall be regulated by a regulation.

CHAPTER V
CRIMES AND MISDEMEANOURS
Crimes
ARTICLE 17 – (1) With respect to crimes relating to personal data, provisions of articles 135 to 140 of Turkish Criminal Code dated 26/9/2004 and numbered 5237 shall apply.

(2) Ones who do not delete or anonymise personal data contrary to article 7 of this Law shall be punished in accordance with article 138 of the Law numbered 5237.

Misdemeanours
ARTICLE 18 – (1) To the ones who do not fulfil

a) Obligation to inform stipulated in article 10 of this Law, an administrative fine of 5.000 Turkish liras to 100.000 Turkish liras;

b) Obligations regarding data security stipulated in article 12 of this Law, an administrative fine of 15.000 Turkish liras to 1.000.000 Turkish liras;

c) Decisions of the Board as per article 15 of this Law, an administrative fine of 25.000 Turkish liras to 1.000.000 Turkish liras;

ç) Obligation to register with the Data Controllers Registry and notification stipulated by article 16 of this Law, an administrative fine of 20.000 Turkish liras to 1.000.000 Turkish liras

shall be imposed.

(2) Administrative fines envisaged by this article shall apply to natural persons and private law legal persons who are data controllers.

(3) In case the acts listed in the first paragraph are conducted within public institutions and organizations or professional organisations with public institution status, upon notification of the Board, disciplinary action shall be taken with regard to the officers and other public officials who serve under the relevant public institution or organization and the ones who serve under the professional organisations with public institution status, and the result shall be reported to the Board.

CHAPTER VI1
PERSONAL DATA PROTECTION AUTHORITY AND ORGANISATION
Personal Data Protection Authority
ARTICLE 19 – (1) Personal Data Protection Authority which has administrative and financial autonomy and public legal personality has been established in order to perform the duties stipulated by this Law.

(2) The Authority is affiliated with the Prime Minister's Office.

(3) The headquarters of the Authority is in Ankara.

(4) The Authority is comprised of the Board and the Presidency. The Board serves as the decision-making body of the Authority.

Duties of the Authority
ARTICLE 20- (1) The duties of the Authority are as follows:

a) Following the practices and the developments in the legislation, giving evaluations and recommendations, carrying out researches and inspections or having them carried out in this regard, according to its scope of authority.

b) Cooperating with public institutions and organizations, nongovernmental organizations, professional organizations or universities, when necessary, regarding the issues which fall within the scope of its authority.

c) Following and evaluating the international developments concerning personal data, cooperating with international organizations on the matters which fall within the scope of its authority, attending the meetings.

ç) Presenting the annual activity report to the Presidency, the Committee on Human Rights Inquiry of the Grand National Assembly of Turkey and to the Prime Minister's Office.

d) Performing the other duties assigned by laws.

Personal Data Protection Board
ARTICLE 21 - (1) The Board shall independently perform and use its duties and powers provided in this Law and the other laws under its own responsibility. No body, authority, institution or person can give orders or instructions, recommendations or suggestions on the matters which fall within the scope of its authority.

(2) The Board shall be comprised of nine members. Five members of the Board shall be elected by the Grand National Assembly of Turkey, two members by the Presidency and two members by the Council of Ministers.

(3) The following conditions shall be required for the membership of this Board:

a) Having knowledge and experience on the matters which fall within the scope of authority of the Board,

b) Having the qualifications stipulated in the subclauses (1), (4), (5), (6) and (7) of the subparagraph (a) under the first paragraph of Article 48 in the Law No. 657 dated  14/7/1965 on Civil Servants,

c) Not being the member of any political party,

ç) Having received at least four-year higher education at the level of bachelor degree,

d) Having served for at least ten years in total in public institutions and organizations, international organizations, nongovernmental organizations or professional organizations with public institution status or in private sector.

(4) Those who will be elected as the member of the Board shall be asked to give consent. Attention shall be attached to the pluralist representation of those who have knowledge and experience on the matters which fall within the scope of authority of the Board.

(5) The Grand National Assembly of Turkey shall follow the procedure below while electing members to the Board:

a) Twice the number of members to be designated in proportion to that of the political party groups shall be nominated for the election and the members of the Board shall be elected among these candidates, by the Plenary of the Grand National Assembly of Turkey, based on the number of members per political party group. However, no deliberation can be held or no decision can be taken in the political party groups regarding who will be voted for in the elections to be held in the Grand National Assembly of Turkey.

b) The members of the Board shall be elected within ten days following the designation and announcement of candidates. A split ticket shall be prepared as separate lists for the candidates nominated by the political party groups. The special place allocated for the names of the candidates shall be marked for voting. The votes casted more than the number of members to be elected to the Board from the quota of the political party groups set under the second paragraph shall be deemed invalid.

c) Candidates who receive the most votes in the election shall be selected based on the number of vacant positions provided that a quorum exists.

ç) In case of vacancy in the membership for any reason two months before the end of office of the members, new members shall be elected under the same procedure within one month following the date on which the position falls vacant or, if the Grand National Assembly of Turkey is at recess, following the end of the recess. In these elections, the number of the members designated from the quota of the political party groups in the first election and the current proportion of the political party groups shall be taken into account in the distribution of the vacant membership to the political party groups.

(6) In cases where the office of one of the members elected by the President or the Council of Ministers ends forty-five days earlier or the office ends for any reason, it shall be notified by the Authority to the Prime Minister's Office within fifteen days, for its submittal to the President's Office or the Council of Ministers. New members shall be elected one month before the end of office of current members. In cases where the position falls vacant before the end of office within the scope of these memberships, the elections shall be held within fifteen days following the notification.

(7) The Board shall elect the President and the Second President among its members. The President of the Board is also the president of the Authority.

( The term of office of the members of the Board is four years. The member whose term ends can be re-elected. The person who replaces a member whose term of office ends for any reason without fulfilling his/her office shall complete the rest of the term.

(9) The selected members shall swear the following oath before the First Presidency of the Court of Cassation: "I swear on my honour and dignity that I will perform my duty in accordance with the Constitution and the laws and within the understanding of full impartiality, honesty, fairness and justice." The application for oath to the Court of Cassation is deemed among prompt actions.

(10) The members of the Board cannot assume any official or private duty apart from the performance of the official duties in the Board as long as it is not prescribed in a special law; nor can they manage an association, foundation, cooperative or similar entities, engage in trade, conduct independent business activities or serve as arbitrator or expert. However, the members of the Board can make scientific publications, give lectures and conferences in a way that will not hinder their fundamental duties and can be paid for the lectures and conferences within the scope of the copyrights arising from them.

(11) The investigations regarding the crimes which are allegedly committed by the members because of their duties shall be conducted in accordance with the Law No. 4483 dated 2/12/1999 on the Trial of State Employees and Other Civil Servants and the permission for these investigations shall be granted by the Prime Minister.

(12) The provisions of the Law No. 657 shall apply in the disciplinary investigation and prosecution to be conducted with respect to the members of the Board.

(13) The office of the members of the Board cannot be terminated without expiry of the mentioned term of office. The membership of the Board members shall be terminated upon the decision of the Board in cases where;

a) it is later understood that they do not fulfil the necessary requirements for election,

b) the verdict of conviction is finalized for the crimes they have committed because of their duties,

c) it is definitely confirmed through a medical board report that they cannot perform their duties,

ç) it is verified that they have not continued to serve successively for fifteen days without permission and excuse or for thirty days in total in one year,

d) it is verified that they have not attended the Board meetings three times in one month without permission or excuse or ten times in total in one year.

(14) Those who are elected as the members of the Board shall be discharged from their previous positions in the Board. Those who are elected as members while serving as state officials shall be appointed to an appropriate cadre by the competent authority within one month in cases where their term of office ends or they apply to the previous institution within thirty days provided that they do not lose the requirements to serve as state officials. The Board shall continue to make any kind of payment that these persons receive until they are appointed. For those who are elected as members while they have not served in a public institution and whose office ends as prescribed above, the Board shall continue to make any kind of payment they receive until they start to serve in any other duty or job and the payment that the Board will make to those whose membership ends as such cannot be provided for more than three months. The term of office of these persons in the Authority shall be deemed to have been served in the previous institutions or organizations in terms of the personal and other rights entitled to them.

Duties and powers of the Board
ARTICLE 22- (1) The duties and powers of the Board are as follows:

a) Ensuring that personal data are processed in accordance with the fundamental rights and freedoms.

b) Taking a final decision with respect to the complaints that the rights relating to personal data are violated.

c) Reviewing whether personal data are processed in accordance with the laws upon a complaint or ex officio when it is notified of the allegation of violation, regarding the issues which fall within its remit, and taking interim measures in this regard when necessary.

ç) Determining the adequate measures required for the processing of special categories of personal data.

d) Ensuring that the Register of Controllers is kept.

e) Carrying out the necessary regulatory actions in the issues relating to the remit of the Board and the functioning of the Authority.

f) Carrying out the regulatory actions in order to set out the liabilities relating to data security.

g) Carrying out the regulatory actions relating to the duties, powers and responsibilities of the controller and his representative.

ğ) Deciding on the administrative sanctions prescribed by this Law.

h) Expressing opinions on the draft legislation which is prepared by the other institutions and organizations and includes the provisions relating to personal data.

ı) Taking a final decision on the strategic plan, determining the objectives and goals, the service quality standards and the performance criteria.

i) Holding meetings and taking a final decision on the budget proposal prepared in accordance with the strategic plan of the Authority and its objectives and goals.

j) Approving and publishing the draft reports prepared with respect to the performance, financial standing, annual activities of the institution and to necessary matters.

k) Discussing and giving a final decision on the proposals regarding the purchase, sales and renting of immovables.

l) Performing the other duties assigned by law.

Rules of procedures of the Board
ARTICLE 23 - (1) The President shall set the meeting dates and agenda of the Board. The President can summon the Board for an extraordinary meeting in necessary cases.

(2) The Board shall convene with at least six members including the President and shall take decisions by absolute majority of the total number of members. The members of the Board cannot abstain from voting.

(3) The Board members cannot attend the meetings or voting regarding the matters which concern themselves, their third degree blood relatives and second degree relatives by marriage, their adopted children and their spouses even though the bonds of matrimony between them does not exist any longer.

(4) The Board members cannot impart any secret that they learn with respect to the concerning persons and third persons during their works to anyone other than lawfully competent authorities or use it in favour of themselves.

(5) Minutes shall be written regarding the issues deliberated in the Board. Decisions and, if any, justification of dissenting votes shall be written within fifteen days at the latest following the date of decision. The Board shall announce the decisions to the public if it deems necessary.

(6) The deliberations in the Board meetings shall be kept confidential unless decided otherwise.

(7) The working procedures and principles of the Board, the writing of decisions and other issues shall be regulated under a by-law.

President
ARTICLE 24 - (1) The President shall be the highest official in the Authority in his/her capacity as the President of the Board and Authority and shall arrange, carry out the services of the Authority in accordance with the legislation, the objectives and policies of the Authority, its strategic plan, performance criteria and service quality standards and shall ensure coordination between the service units.

(2) The President shall be responsible for the general management and representation of the Authority. This responsibility shall cover the duties and powers of organizing, carrying out, inspecting, evaluating the works of the Authority and announcing them to the public when necessary.

(3) The duties of the President are as follows:

a) Acting as chairperson in the Board meetings.

b) Ensuring that the Board decisions are notified and some decisions are announced to the public if deemed necessary by the Board and following their implementation.

c) Appointing the Deputy President, heads of departments and the personnel of the Authority.

ç) Giving a final form to the proposals coming from the service units and presenting them to the Board.

d) Ensuring that the strategic plan is implemented, creating the human resources and operation policies.

e) Preparing the annual budget and financial statement of the Authority in accordance with the strategies, annual objectives and goals.

f) Ensuring coordination so that the Board and the service units work conformably, efficiently and in a disciplined and orderly manner.

g) Maintaining the relations of the Authority with the other organizations.

ğ) Determining the duties and scope of authority of the competent personnel who are entitled to sign on behalf of the President of the Authority.

h) Performing the other duties related to the management and functioning of the Authority.

(4) The Second President shall act for the President in the absence of the President of the Authority.

Establishment and duties of the Presidency
ARTICLE 25 - (1) The Presidency shall be composed of Deputy President and service units. The Presidency shall perform the duties enumerated under the fourth paragraph through the service units organized as departments. The number of departments cannot be more than seven.

(2) A Deputy President shall  be appointed to assist the President in his duties under the Authority.

(3) The Deputy President and heads of departments shall be appointed by the President, among the persons who are graduates from at least a four-year higher education institution and who have carried out public service for ten years.

(4) The duties of the Presidency are as follows:

a) Keeping the Register of Controllers.

b) Carrying out the bureau and secretariat actions of the Authority and the Board.

c) Representing the Authority by means of lawyers in the cases which the Authority is party to and in execution proceedings, following the cases or having them followed and conducting legal services.

ç) Carrying out the personnel affairs of the Board members and those who serve in the Authority.

d) Performing the duties assigned by law to the departments of financial services and strategy development.

e) Ensuring that an information system is installed and used in order to conduct the affairs and actions of the Authority.

f) Preparing and presenting the draft reports regarding the annual activities of the Board and the necessary matters.

g) Preparing the draft strategic plan of the Authority.

ğ) Setting out the personnel policy of the Authority, preparing and implementing the career and training plans of the personnel.

h) Carrying out the appointments, transfers, disciplinary actions, performances, promotions, retirements and similar actions of the personnel.

ı) Setting out the ethical rules to be followed by the personnel and providing necessary training.

i) Carrying out any kind of services such as purchase, sales, renting, maintenance, repairing, construction, archive, health as well as social services and similar services necessitated by the Authority under the Public Financial Management and Control Law No. 5018 dated 10/12/2003.

j) Keeping records of the movables and immovables of the Authority.

k) Performing the other duties assigned by the Board or the President.

(5) The service units and the working procedures and principles of these units shall be regulated by the by-law enacted by the decision of the Council of Ministers upon the proposal of the Authority, in accordance with the scope of authority, duties and powers of the service units stipulated under this Law.

Specialists and assistant specialists on Personal Data Protection
ARTICLE 26 - (1) Specialists on Personal Data Protection and Assistant Specialists on Personal Data Protection can be employed in the Authority. The degrees of those who are appointed as Specialists on Personal Data Protection within the framework of the additional article 41 of the Law No. 657 shall be increased for one time only.

Provisions relating to the personnel and their personal rights
ARTICLE 27 - (1) The personnel of the Authority shall be subjected to the Law No. 657, apart from the issues regulated by this Law.

(2) The payments shall be made to the president and members of the Board and the personnel of the Authority in the same procedure and principles as the payments made to the exemplified personnel within the scope of the financial and social rights, under the additional article 11 of the Decree Law No. 375 dated 27/6/1989. Those who are not subjected to taxes or another legal deduction from the payments made to the exemplified personnel shall not be subjected to any tax or deduction under this Law.

(3) The president and members of the Board and the personnel of the Authority shall be subjected to the provisions of the subparagraph (c) under the first paragraph of Article 4 of the Law No. 5510 dated 31/5/2006 on Social Security and General Health Insurance. The president and members of the Board and the personnel of the Authority shall be deemed equal to the exemplified personnel in terms of pension rights. The term of office of those whose office expires or those who

request for resignation among those who are appointed as president and members of the Board while they are covered by an insurance policy within the scope of the subparagraph (c) under the first paragraph of Article 4 of the Law No. 5510 shall be taken into account while determining the salaries, degrees and levels as their vested rights. The term of office of those who fall within the scope of the provisional article 4 of the Law No. 5510 during such office shall be evaluated as the period during which the executive compensation and representative compensation should be paid. For those who are appointed as the President and members of the Board while they are insured in the public institutions and organizations, within the scope of the subparagraph (a) of the first paragraph under Article 4 of the Law No. 5510, their discharge from the previous institutions and organizations shall not require any seniority or termination indemnity. The term of office of those who are in this situation for which seniority or termination indemnity should be paid shall be combined with their term of office in the past as the President and member of the Board and this total term shall be considered for the payment of gratuity.

(4) The civil servants and other state officials serving in public agencies under the central administration, social security institutions, local administrations, the agencies under local administrations, local administrative units, institutions with the circulating capital, funds established by law, organizations with public legal personality, organizations with over half the capital which belongs to the public, public economic enterprises and public economic organizations and the partnerships and entities affiliated with them can be temporarily assigned in the Authority provided that their institution pay the salary, allowance, any kind of salary increase and indemnity as well as other financial and social rights and assistance with the consent of the mentioned  institutions. The requests of the Authority on this matter shall be finalized primarily by the relevant institutions and organizations. The personnel who are assigned as such shall be deemed to be on paid leave from their institutions. The civil service, relevance and rights of this personnel shall continue as long as they are on leave and this term shall be taken into account in their promotion and retirement process. Their promotion shall be conducted in time, without necessitating any other action. The term of service of those who are assigned under this article shall be deemed to have served in their own institutions. Those who are assigned as such cannot exceed 10% of the total cadre number of Specialists and Assistant Specialists on Personal Data Protection and the assignment cannot exceed two years. However, this term may be extended for a period of one year if necessary.

(5) The titles and numbers of the personnel to be employed in the Authority are shown on Table (I). Titles or degrees shall be changed, new titles shall be added and vacant positions shall be cancelled upon the decision of the Board, provided that it is limited to the titles listed on the tables annexed to the Decree Law No. 190 dated 13/12/1983 on General Cadre and Procedure, not exceeding the total number of personnel.

CHAPTER VII
MISCELLANEOUS PROVISIONS
Exceptions
ARTICLE 28 – (1) Provisions of this Law shall not be applied in the following cases:

a) Processing of personal data by natural persons in the course of a purely personal or household activity, provided that obligations relating to data security are complied with and data are not transferred to third parties.

b) Processing of personal data for the purposes of official statistics and, through anonymization, research, planning, statistics and similar.

c) Processing of personal data for the purposes of art, history, and literature or science, or within the scope of freedom of expression, provided that national defence, national security, public safety, public order, economic safety, privacy of personal life or personal rights are not violated.

ç) Processing of personal data within the scope of preventive, protective and intelligence-related activities by public institutions and organizations who are assigned and authorized for providing national defence, national security, public safety, public order or economic safety.

d) Processing of personal data by judicial authorities and execution agencies with regard to investigation, prosecution, adjudication or execution procedures.

(2) On the condition of being relevant and proportionate to the purpose and general principles of this Law, article 10 which regulates the obligation of the data controller to inform; except for right to request compensation, article 11 which regulates the rights of the data subject; and article 16 which regulates the obligation to register with the Data Controllers Registry shall not apply in the following cases:

a) Processing of personal data is necessary for prevention of crime or investigation of a crime.

b) Processing of personal data revealed to the public by the data subject herself/himself.

c) Processing of personal data is necessary, deriving from the performance of supervision or regulatory duties, or disciplinary investigation or prosecution by assigned and authorized public institutions and organizations and professional organizations with public institution status.

ç) Processing of personal data is necessary for the protection of economic and financial interests of the state related to budget, tax, and financial matters.

Kurumun bütçesi ve gelirleri
Madde 29 - (1) Kurumun bütçesi, 5018 sayılı Kanunda belirlenen usul ve esaslara göre hazırlanır ve kabul edilir.

(2) Kurumun gelirleri şunlardır:

a) Genel bütçeden yapılacak hazine yardımları.

b) Kuruma ait taşınır ve taşınmazlardan elde edilen gelirler.

c) Alınan bağış ve yardımlar.

ç) Gelirlerinin değerlendirilmesinden elde edilen gelirler.

d) Diğer gelirler.

Değiştirilen ve eklenen hükümler
Madde 30 - (1) (10/12/2003 tarihli ve 5018 sayılı Kanun ile ilgili olup yerine işlenmiştir.)

(2) ila (5) - (26/9/2004 tarihli ve 5237 sayılı Kanun ile ilgili olup yerine işlenmiştir.)

(6) (7/5/1987 tarihli ve 3359 sayılı Sağlık Hizmetleri Temel Kanunu ile ilgili olup yerine işlenmiştir.)

(7) (11/10/2011 tarihli ve 663 sayılı Sağlık Bakanlığı ve Bağlı Kuruluşlarının Teşkilat ve Görevleri Hakkında Kanun Hükmünde Kararname ile ilgili olup yerine işlenmiştir.)

Regulation
ARTICLE 31 – (1) Regulations related to the application of this Law shall be brought into force by the Authority.

Transitional Provisions
TEMPORARY ARTICLE 1 – (1) Within six months following publication of this Law, the members of the Board shall be elected in accordance with the procedure set forth under article 21 and the Presidency organisation shall be constituted.

(2) Data controllers are obligated to register with the Data Controllers Registry within the term designated and announced by the Board.

(3) Personal data that is processed before the date of publication of this Law shall be rendered compliant within two years following the date of publication of this Law. Personal data that is determined to be contrary to the provisions of this Law shall be immediately deleted, destroyed, or anonymised. However, the consents that are lawfully obtained before the date of publication of this Law shall be deemed lawful in terms of this Law8 , provided that no declaration of intention to the contrary is made within one year.

(4) The regulations prescribed in this Law shall be brought into force within one year following the date of publication of this Law.

(5) A senior executive who is to provide coordination of the application of this Law in public institutions and organizations shall be determined and reported to the Presidency within one year following the date of publication of this Law.

(6) The first elected President, second President and two members who are to be determined by draw shall serve for six years, and other five members for four years.

(7) Until a budget is allocated to the Authority;

a) Expenses of the Authority shall be disbursed from the budget of Prime ministry.

b) All supplemental services necessary for the Authority to provide its services such as building, vehicle, equipment, furnishings, and hardware shall be provided by the Prime ministry.

( Until the service units of the Authority enter into service, secretariat services shall be provided by the Prime ministry.

Effectiveness
ARTICLE 32 – (1) This Law's

a) 8th, 9th, 11th, 13th, 14th, 15th, 16th, 17th, 18th articles shall enter into force after six months following the date of publication,

b) Other articles shall enter into force on the date of publication.

Enforcement
ARTICLE 33 – (1) Provisions of this Law shall be enforced by the Council of Ministers.

LAW ON FOREIGNERS AND INTERNATIONAL PROTECTION
Law No : 6458
Acceptance Date : 4/4/2013
Official Journal Published : Date: 11/4/2013 Issue : 28615
Principle Published : Issue : 5 Volume : 53
(GAYRİ RESMİ İNGİLİZCE ÇEVİRİSİ)
PART ONE
PURPOSE, SCOPE, DEFINITIONS AND NON-REFOULEMET
SECTION ONE
Purpose, Scope and Definitions
Purpose
ARTICLE 1 –
(1) The purpose of this Law is to regulate the principles and procedures with regard to foreigners'
entry into, stay in and exit from Turkey, and the scope and implementation of the protection to be
provided for foreigners who seek protection from Turkey, and the establishment, duties, mandate
and responsibilities of the Directorate General of Migration Management under the Ministry of
Interior.
Scope
ARTICLE 2 –
(1) The provisions of this Law apply to the activities and actions related to foreigners; the
international protection to be extended in cases of individual protection claims of foreigners at
borders, the border gates or within Turkey; the immediate temporary protection to be provided to
foreigners in cases when there is a large influx into Turkey and where they cannot return back to
the country they were forced to leave; and, the structure, duties, mandate and responsibilities of
the Directorate General of Migration Management.
(2) This Law shall be implemented without prejudice to provisions of international agreements
to which Turkey is party to and specific laws.
Definitions
ARTICLE 3 –
(1)In implementation of this Law, the following definitions shall apply:
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a) Family members: the spouse, the minor child and the dependent adult child of the applicant or the
beneficiary of international protection;
b) European Countries: Member States of the Council of Europe as well as other countries to be
determined by the Council of Ministers;
c) Minister: the Minister of Interior;
ç) Ministry: the Ministry of Interior;
d) Applicant: a person who made an international protection claim and a final decision regarding
whose application is pending;
e) Child: a person who is under the age of 18 and has not yet attained majority;
f) Sponsor: a Turkish citizen or a foreigner legally staying in Turkey who undertakes the expenses
of foreigners who would come to Turkey for the purpose of family reunification and who is
referenced as the supporter in the application by the residence permit applicant;
g) Director General: the Director General of Migration Management;
ğ) Directorate General: the Directorate General of Migration Management;
h) Entry and exit controls: the controls carried out at border gates;
ı) Migration: regular migration whereby foreigners' legally enter into, stay in or exit from Turkey
as well as irregular migration whereby foreigners enter into, stay in or exit from Turkey through
illegal channels and work in Turkey without a permit; as well as international protection;
i) Residential address: the domicile recorded in Turkey in the address based registration system;
j) Residence permit: the permit issued for the purpose of staying in Turkey;
k) Consulate: the consulate generals, consulates or the embassy consular offices of the Republic of
Turkey;
l) Person with special need: out of those applicants and international protection beneficiaries, an
unaccompanied minor; a disabled person; an elderly person; a pregnant woman; a single mother or
a single father with an accompanying child; or a person who has been subjected to torture, rape or
other serious psychological, physical or sexual violence;1
m) Unaccompanied minor: a child who arrives at Turkey without the attendance of an adult who by
law or custom is responsible for him/her or, is left unaccompanied after entry into Turkey, unless
he/she is not taken under the active care of a person responsible for him/her;
n) Travel document: a document substituting a passport;
o) Border gates: the border crossing points designated by a Council of Ministers Decree for entry
into and exit from Turkey;
ö) Final decision: with regard to decisions concerning the claim of an applicant or the status of an
international protection beneficiary; the decision of the Directorate General, where administrative
review request or an appeal before the judiciary has not been made; or in case of an appeal, judicial
decision which can no longer be appealed;
p) Convention: the Convention Relating to the Status of Refugees of 28 July 1951, as amended by
the 1967 Protocol Relating to the Status of Refugees;
r) International protection: the status granted for refugee, conditional refugee, and subsidiary

1 With the 1st Article of the Law No. 6462 dated 25/4/2013, the expression of "afflicted person" was
changed to "disabled person" in this article.
3
protection;
s) Country of citizenship: the country of which the foreigner holds the citizenship or, in case of more
than one citizenship, each of the countries of which the foreigner is a citizen;
ş) Stateless person: a person who does not hold the citizenship of any state and who is considered
as foreigner;
t) Visa: a permission that entitles stay up to a maximum of ninety days in Turkey or to transit through
Turkey;
u) Visa exemption: the regulation waiving the visa requirement;
ü) Foreigner: a person who does not have citizenship bond with the Republic of Turkey;
v) Foreigner identification number: the identification number issued to foreigners pursuant to
Population Services Law № 5490 of 25/04/2006.
y) (Annex: 28/7/2016-6735/27 article) Authorized intermediary: An institution or organization, the
qualifications and mission frame of which are determined by regulation and which is authorized by the
Directorate General.
SECTION TWO
Non-refoulement
Non-refoulement
ARTICLE 4 –
(1) No one within the scope of this of this Law shall be returned to a place where he or she may be
subjected to torture, inhuman or degrading punishment or treatment or, where his/her life or
freedom would be threatened on account of his/her race, religion, nationality, membership of a
particular social group or political opinion.
PART TWO
FOREIGNERS
SECTION ONE
Entry into Turkey and Visas
Entry into and exit from Turkey
ARTICLE 5 –
(1) Entry into and exit from Turkey shall be through the border gates with a valid passport or travel
document.
Document checks
ARTICLE 6 –
(1) Foreigners should submit their passport or, travel document or documents to the officials at the
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time of entry into and exit from Turkey.
(2) Document checks regarding border crossings can also be carried out on vehicles while they are
on route.
(3) Foreigners using transit areas at airports may be subject to [document] checks by the competent
authorities.
(4) At the time of entry into Turkey, checks shall be carried out to determine whether or not the
foreigner falls within the scope of Article 7.
(5) In the implementation of this article, persons regarding whom a comprehensive check is required
may only be held for a maximum of four hours. Within this period, the foreigner may either return
to his country at any time or may wait for the completion of the actions for admission into the
country, not limited with the four-hour period. The principles and procedures governing
comprehensive control actions shall be stipulated in a Directive.
Foreigners who shall be refused to enter into Turkey
ARTICLE 7 –
(1) Foreigners who shall be refused to enter into Turkey are those:
a) who do not hold a passport, a travel document, a visa or, a residence or a work permit or, such
documents or permits has been obtained deceptively or, such documents or permits are false;
b) whose passport or travel document expires sixty days prior to the expiry date of the visa, visa
exemption or the residence permit;
c) without prejudice to paragraph two of Article 15, foreigners listed in paragraph one of Article 15
even if they are exempted from a visa.
(2) Actions in connection with this Article shall be notified to foreigners who are refused entry. This
notification shall also include information on how foreigners would effectively exercise their right
of appeal against the decision as well as other legal rights and obligations applicable in the
process.
Implementation regarding international protection claims
ARTICLE 8 –
(1) The conditions stipulated in Articles 5, 6 and 7 shall not be construed and implemented to prevent
the international protection claim.
Entry ban to Turkey
ARTICLE 9 –
(1) The Directorate General, when necessary and upon consultation with the relevant government
departments and institutions, may impose an entry ban against foreigners whose entry into Turkey
is objectionable for public order, public security or public health reasons.
(2) The Directorate General or governorates shall impose an entry ban for foreigners who are
deported from Turkey.
(3) The entry ban to Turkey shall not exceed five years. However, in cases where there is a serious
public order or public security threat, this period may be extended for a maximum of an additional
ten years by the Directorate General.
(4) The entry ban to Turkey for foreigners whose visa or residence permit has expired and who has
5
applied to the governorates to exit from Turkey before their situation is established by the
competent authorities upon which a removal decision has been taken, shall not exceed one year.
(5) Among those who have been invited to leave Turkey pursuant to Article 56, an entry ban might
not be imposed for those who leave the country within the specified period of time.
(6) The Directorate General may revoke an entry ban or, allow the foreigner to enter into Turkey for
a given period of time, without prejudice to the entry ban.
(7) For reasons of public order or public security, the Directorate General may introduce advance
clearance conditions for the admission of certain foreigners' to Turkey.
Notification of the entry ban to Turkey
ARTICLE 10 –
(1) The entry ban shall be notified to foreigners who are within the scope of paragraph one of Article
9 by the competent authority at the border gate when they arrive to enter into Turkey, whereas,
foreigners who are within the scope of paragraph two of Article 9 shall be notified by the
governorates. The notification shall also include information on how foreigners would effectively
exercise their right of appeal against the decision as well as other legal rights and obligations
applicable in the process.
Visa requirement, visa applications and competent authorities
ARTICLE 11 –
(1) Foreigners wishing to stay in Turkey for up to ninety days shall obtain a visa that indicates the
purpose of their visit from the consulates of the Republic of Turkey in their country of citizenship
or legal stay. The period of stay in Turkey provided by the visa or visa exemption cannot exceed
ninety days within a period of one hundred and eighty days.
(2) In order for visa applications to be assessed, it is required to lodge the applications in compliance
with the procedure.
(3) Visas shall not confer an absolute right of entry.
(4) Visas shall be issued by the consulates and, in exceptional cases by the governorates in charge of
the respective border gates. [The assessment of] applications lodged with consulates shall be
determined within ninety days.
(5) Visas for diplomats of foreign countries may be issued ex officio to by the embassies of the
Republic of Turkey. Such visas shall immediately be reported to the Ministry and the Foreign
Ministry in accordance with the general visa procedures. These visas are not subject to fee.
(6) When necessary in view of the national interests of Turkey, a visa may exceptionally be issued
ex officio by the ambassadors' of the Republic of Turkey. Visas issued for such purposes shall
immediately be reported to the Ministry and the Foreign Ministry in accordance with the general
visa procedures. These visas are not subject to fee.
(7) The principles and procedures governing visa types and processes shall be stipulated in a
Directive.
Visa exemption
ARTICLE 12 –
(1) Visa for entry into Turkey shall not be required from those foreigners who are:
6
a) exempt from visa obligation pursuant to agreements to which the Republic of Turkey is party to
or with a Council of Ministers' decree;
b) holders of a residence or a work permit valid on the date of entry into Turkey;
c) holders of a valid "reserved for foreigners" passport issued pursuant to Article 18 of the Passport
Law № 5682 of 15/07/1950;
ç) within the scope of Article 28 of the Turkish Citizenship Law № 5901 of 29/05/2009.
(2) Visa requirement for entry into Turkey may not be sought from those foreigners who:
a) disembark at a port city from a carrier, which has been obliged to use Turkish air and sea ports
due to force majeure;
b) arrive at seaports for the purpose of touristic visits to the port city or nearby cities, provided that
their visit does not exceed seventy two hours.
Border visa [Visas issued at border gates]
ARTICLE 13 –
(1) On exceptional cases, foreigners arriving at border gates without a visa, may be issued a visa
provided that they document their [intended] departure from Turkey within due time.
(2) Border visa shall be issued by the governorates in charge of the respective border gates.
Governorates may delegate this authority to the law enforcement unit stationed at the border. Such
visas shall authorise stay in Turkey for a maximum of fifteen days, unless a different duration is
determined by the Council of Ministers.
(3) The medical insurance requirement may be waived for humanitarian reasons for persons issued a
visa at the border.
Airside transit visas
ARTICLE 14 –
(1) Foreigners who shall be transiting through Turkey may be required to obtain an airside transit
visa. Airside transit visas shall be issued by the consulates, to be used no later than six months.
(2) Foreigners who would be required to obtain an airside transit a visa shall be jointly determined
by the Ministry and Ministry of Foreign Affairs.
Foreigners who shall be refused to take visa
ARTICLE 15 –
(1) Visa shall be refused for those foreigners whose/who:
a) passport or travel document is not valid at least sixty days beyond the expiry date of the visa
requested;
b) are banned from entering Turkey;
c) are considered undesirable for reasons of public order or public security;
ç) are identified to have a disease posing public health threat;
d) are suspects of or, are convicted of, a crime(s) that are subject to extradition pursuant to
agreements to which the Republic of Turkey is a party to;
e) are not covered with a valid medical insurance for the duration of their stay;
f) fail to supply proof of the reason for their purpose of entry into, transit from or stay in Turkey;
7
g) do not possess sufficient and sustainable resources [for the duration of their stay]
ğ) would refuse to pay receivables, originating from overstaying the duration of visa or a previous
residence permit duration or, that should be enforced and collected pursuant to the Law on the
Procedure of Collection of Public Receivables № 6183 of 21/07/1953 or, debts and fines enforced
pursuant to the Turkish Penal Code № 5237 of 26/09/2004.
(2) Nevertheless if it is deemed to be of interest to issue a visa to such a foreigner who falls within
the scope of this article, a visa may be granted subject to the Minister's approval.
Cancelation of visas
ARTICLE 16 –
(1) Visa shall be cancelled by the issuing authorities or the governorates in cases when/where:
a) it is determined that the visa is exploited for fraudulent purposes;
b) there is erasure, scraping or alteration detected [on the visa sticker];
c) the visa holder is banned to entry Turkey ;
ç) there is strong doubt as to the foreigner may commit a crime;
d) the passport or travel document is false or has expired;
e) the visa or the visa exemption is used outside its purpose;
f) the circumstances or documents on the grounds of which the visa was issued are determined to
be not valid.
(2) In case of a removal decision issued with regards to the foreigner within the duration of the visa,
the visa shall be cancelled thereof.
Notification of visa processes
ARTICLE 17 –
(1) The processes related to the refusal of a visa application or cancelation of the visa shall be notified
to the visa applicant.
Authority of the Council of Ministers related to visa and passport procedures
ARTICLE 18 –
(1) The Council of Ministers is authorised to;
a) Enter into agreements determining the passport and visa procedures; and under circumstances
when considered necessary, unilaterally waive the visa requirement for citizens of certain states;
facilitate visa procedures, including exemption from visa fee; and, determine the duration of visas.
b) Introduce terms and conditions for [the using of] passports belonging to foreigners [with regard
entry into or stay in or exit from Turkey], in case of war or other extraordinary circumstances to
cover a region of or the entire country.
c) Take all measures setting specific conditions or restrictions regarding entry of foreigners into
Turkey.
SECTION TWO
Residence
8
Residence permit
ARTICLE 19 –
(1) Foreigners who would stay in Turkey beyond the duration of a visa or a visa exemption or, [in
any case] longer than ninety days should obtain a residence permit. The residence permit shall
become invalid if not used within six months.
Exemption from residence permit
ARTICLE 20 –
(1) A residence permit shall not be required from those foreigners listed below:
a) who have arrived with a valid visa or by virtue of visa exemption for a stay up to ninety days,
within the period of the visa or the visa exemption;
b) holders of Stateless Person Identity Card;
c) members of the diplomatic and consular missions in Turkey;
ç) family members of diplomatic and consular officers, provided they are notified to the Ministry of
Foreign Affairs;
d) members of the representations of international organisations in Turkey whose status has been
determined by virtue of agreements;
e) who are exempt from a residence permit by virtue of international agreements which Turkey is a
party to;
f) who fall within the scope of Article 28 of Law № 5901;
g) holders of the documents listed in paragraph seven of article 69 as well as the first paragraphs of
Articles 76 and 83.
(2) Foreigners listed in subparagraphs (c), (ç), (d) and (e) of the first paragraph shall be issued a
document of which the format and content shall be jointly determined by the Ministry and the
Ministry of Foreign Affairs. In cases where these foreigners wish to stay in Turkey, after the end
of their status that entitled them to exemption from a residence permit, shall apply with the
governorates within ten days to obtain a residence permit.
Application for residence permit
ARTICLE 21 –
(1) Applications for residence permits shall be lodged with the consulates in the foreigner's country
of citizenship or legal stay.
(2) Foreigners applying for a residence permit shall be required to hold a passport or a travel
document valid at least sixty days beyond the duration of the requested residence permit.
(3) Where the information and documents required for the application is incomplete, the assessment
of the application may be postponed until such information and documents are submitted. The
applicant shall be informed of the missing information and documents.
(4) The consulates shall convey the residence permit applications, together with their remarks, to the
Directorate General. The Directorate General shall, after finalising [the assessment of] the
applications, inform the consulate to issue a residence permit or refuse the application, seeking
the opinion of the relevant institutions when it deems it necessary.
(5) [The assessment of] the applications shall be finalised no later than ninety days.
9
(6) The actions related to the refusal of a residence permit application shall be notified to the
applicant.
(7) (Annex: 28/7/2016-6735/27 article) Residence permit applications could also be made by the
authorized intermediary.
Applications for residence permits to be lodged in Turkey
ARTICLE 22 –
(1) Applications for residence permits may exceptionally be lodged with the governorates in
following cases:
a) pursuant to decisions of or requests from judicial or administrative authorities;
b) when it is not reasonable or possible for the foreigner to leave Turkey;
c) for long-term residence permits;
ç) for student residence permits;
d) for residence permits on humanitarian grounds;
e) for residence permits for victims of human trafficking;
f) while changing from a family residence permit to a short-term residence permit;
g) by either parent, holding a residence permit in Turkey, for their children born in Turkey;
ğ) for a residence permit which conforms to the new reason of stay, in cases where the reason for
which the valid residence permit was issued no longer apply or has changed;
h) for residence permit applications lodged within the scope of paragraph two of Article 20;
ı) when foreign students who have completed higher education in Turkey transfer to a short-term
residence permit.
Issuance and format of residence permits
ARTICLE 23 –
(1) Residence permits shall be issued separately for every foreigner depending on the purpose of stay,
[in any case] for a period sixty days shorter than the validity period of the passport or travel
document.
(2) The Ministry shall determine the format and content of the residence permit whereas the format
and content of the work permit that would substitute as a residence permit shall be jointly
determined by the Ministry and relevant institutions.
Renewal of residence permits
ARTICLE 24 –
(1) The duration of residence permits may be extended by the governorates.
(2) Applications for renewal shall be made to the governorates within sixty days prior to the
expiration of the residence permit and, in any case, before the expiration of the residence permit.
Those who apply for the extension of the duration of the residence permit shall be issued a
document not subject to fee. Such foreigners may reside in Turkey by virtue of this document
pending a decision regarding their application, even if their residence permits have expired.
(3) The renewed residence permits shall take effect as from the expiry date of [applying] legal
permits.
10
(4) [Assessment of] applications for renewal shall be finalised by the governorates.
Refusal, cancelation or non-renewal of residence permit applications lodged in Turkey
ARTICLE 25 –
(1) The refusal of an application lodged in Turkey, non-renewal or cancelation of a residence permit
and notification of such actions shall be done by the governorates. The decision on the residence
permit may be postponed in consideration of elements such as the foreigner's family ties in
Turkey, the duration of residence, situation in the country of origin and the best interest of the
child during these actions.
(2) Refusal, non-renewal or cancelation of the application shall be notified to the foreigner or, to
his/her legal representative or lawyer. This notification shall also include information on how
foreigners would effectively exercise their right of appeal against the decision as well as other
legal rights and obligations applicable in the process.
Other provisions concerning residence permits
ARTICLE 26 –
(1) Time spent as a prisoner or detainee in prison or under administrative detention in removal centres
[beyond the expiry date of the residence permit] shall not be considered as a breach of the time
limit of the residence permit. Residence permits, if any, held by such persons may be cancelled.
Any such person, who does not have one, may be issued a foreigner identity number without the
requirement of holding a residence permit.
(2) Foreigners arriving Turkey with a residence [or] a work permit issued by the consulates should
register with the address based registration system no later than twenty working days as of the
date of arrival.
Work permit as residence permit
ARTICLE 27 –
(1) A valid work permit as well as Work Permit Exemption Confirmation Document issued pursuant
to Article 10 of the Law on Work Permits of Foreigners, № 4817 of 27/02/2003, shall be
considered as a residence permit. (Abrogated second sentence: 28/7/2016-6735/27 art.)
(2) The foreigner should not fall within the scope of Article 7 in order for a work permit to be issued
or renewed.
Interruption of residence
ARTICLE 28 –
(1) For the purposes of this Law, any stay outside of Turkey exceeding a total of six months within one
year or a total of one year within the last five years for reasons other than compulsory public service,
education or health shall be considered interruption of residence. In cases where there is an
interruption of residence, the previous residence durations shall not count towards a residence
permit application or changing to another residence permit.
(2) In the computation of continues residence permits, half the duration of student resident permits
while the full duration of all other types of residence permits shall be calculated.
11
Transfer between residence permits
ARTICLE 29 –
(1) In cases where the reason, on the grounds which the residence permit is issued, no longer apply
or a different reason appears foreigners may lodge an application for a residence permit which
conforms to the new reason for their stay.
(2) The principles and procedures governing transfers between residence permits shall be stipulated
in the Directive.
Residence permit types
ARTICLE 30 –
(1) Types of residence permits are the listed below:
a) short-term residence permit;
b) family residence permit;
c) student residence permit;
ç) long-term residence permit;
d) humanitarian residence permit;
e) victim of human trafficking residence permit.
Short-term residence permit
ARTICLE 31 –
(1) A short-term residence permit may be granted to those foreigners listed below who:
a) arrives to conduct scientific research;
b) owns immovable property in Turkey;
c) establishes business or commercial connections;
ç) participates in on-the-job training programmes;
d) arrives to attend educational or similar programmes as part of student exchange programmes or
agreements to which the Republic of Turkey is a party to;
e) wishes to stay for tourism purposes;
f) intends to receive medical treatment, provided that they do not have a disease posing a public
health threat;
g) is required to stay in Turkey pursuant to a request or a decision of judicial or administrative
authorities;
ğ) transfers from a family residence permit;
h) attends a Turkish language course;
ı) attends an education programme, research, internship or, a course by way of a public agency;
i) applies within six months upon graduation from a higher education programme in Turkey.
j) (Annex: 28/7/2016-6735/27 article) does not work in Turkey but will make an investment
within the scope and amount that shall be determined by the Council of Ministers, and their
foreign spouses, his and her minor children or foreign dependent children.
k) (Annex: 28/7/2016-6735/27 article) is citizen of Turkish Republic of Northern Cyprus.
(2) (Amendment: 28/7/2016-6735/27 article) Short-term residence permits shall be issued with
12
maximum two year duration at a time with the exception of (j) and (k) subparagraphs of the first
paragraph.
(3) Residence permits within the scope of subparagraph (h) of the first paragraph shall only be issued
twice.
(4) Residence permits within the scope of subparagraph (i) of the first paragraph shall only be issued
once with maximum one year duration.
(5) (Annex: 28/7/2016-6735/27 article) The residence permits granted within the scope of (j) and
(k) subparagraphs of the first paragraph shall only be issued with maximum 5 year duration.
Conditions for short-term residence permit
ARTICLE 32 –
(1) The following conditions shall apply when issuing short-term residence permits:
a) to apply, claiming one or more of the reasons stipulated in paragraph one of Article 31 and submit
supporting information and documents regarding the application;
b) not to fall within the scope of Article 7;
c) to live in accommodation conditions that conform to general health and safety standards;
ç) upon request, to present criminal record certificate issued by the competent authorities in their
country of citizenship or legal residence;
d) submit information on their address of stay in Turkey.
Refusal, non-renewal or cancelation of short-term residence permits
ARTICLE 33 –
(1) Under the following cases a short-term residence permit shall not be granted, shall be cancelled
if has been issued, and shall not be renewed when:
a) one or more of the conditions provided for in Article 32 are not met or no longer apply;
b) it is established that the residence permit is used outside the purposes of those it is issued for;
c) (Abrogated: 28/7/2016-6735/27 art.)
ç) there is a current removal decision or an entry ban to Turkey in respect to the foreigner.
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation
of residence permit in terms of duration of stay abroad are regulated by Regulation.
Family residence permit
ARTICLE 34 –
(1) A family residence permit for a maximum duration of three years at a time may be granted to the:2
a) foreign spouse;
b) foreign children or foreign minor children of their spouse;
c) dependent foreign children or dependent foreign children of their spouse;
of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding
one of the residence permits as well as refugees and subsidiary protection beneficiaries. However,
the duration of the family residence permit cannot exceed the duration of the sponsor's residence

2 With the 27th Article of the Law No. 6735 dated 28/7/2016, the expression of "two years" was changed
to "three years" in this article.
13
permit under any circumstances whatsoever.
(2) In cases of a polygamous marriage pursuant to the regulation in the [foreigner's] country of
citizenship, only one of the spouses shall be issued a family residence permit. However, a family
residence permit may be granted to the foreigner's children from other spouses.
(3) For family residence permits issued to children, if any, the consent of the mother or the father
who lives abroad and who shares custody shall be sought.
(4) Family residence permits shall entitle the holder right of education in primary and secondary
educational institutions until the age of 18 the without obtaining a student residence permit.
(5) Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum
of three years on a family residence permit may, upon application transfer to a short-term
residence permit.
(6) In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a
Turkish citizen, provided that [he or she] resided on a family residence permit for at least three
years. However, in cases where it is established by the relevant court that the foreign spouse has
been a victim for reasons of domestic violence, the condition for three years residence shall not
be sought.
(7) In the event of the death of the sponsor, a short-term residence permit may be issued without any
[minimum residing] time condition attached to those who have resided on a family residence
permit in connection with the sponsor.
Conditions for family residence permits
ARTICLE 35 –
(1) With regard to family residence permit applications, the following conditions shall apply to the
sponsor to:
a) have a monthly income in any case not less than the minimum wage in total corresponding not
less than one third of the minimum wage per each family member;
b) live in accommodation conditions appropriate to general health and safety standards
corresponding to the number of family members and to have medical insurance covering all
family members;
c) submit proof of not having been convicted of any crime against family during the five years
preceding the application with a criminal record certificate;
ç) have been residing in Turkey for at least one year on a residence permit;
d) have been registered with the address based registration system.
(2) Subparagraph (ç) of the first paragraph shall not apply to holders of residence permit or work
permit for the purposes of scientific research; who are within the scope of Article 28 of Law №
5901; or foreigners who are married to Turkish citizens.
(3) The following conditions shall apply to foreigners applying for a family residence permit to stay
with a sponsor in Turkey:
a) to submit information and documents that they are within the scope of paragraph one of Article
34;
b) to assert that they live or intend to live together with those persons listed in paragraph one of
Article 34;
14
c) not to have entered into the marriage for the purpose of obtaining a family residence permit;
ç) to be over 18 years of age for each spouse;
d) not to fall within the scope of Article 7.
(4) The conditions set forth in first paragraph of this Article may not be sought for refugees and
subsidiary protection beneficiaries who are in Turkey.
Refusal, cancelation or non-renewal of family residence permits
ARTICLE 36 –
(1) Under the following cases a family residence permit shall not be granted, shall be cancelled if has
been issued, and shall not be renewed when:
a) conditions set out in paragraphs one and three of Article 35 are not met or no longer apply;
b) short-term residence permit [application] is refused when the conditions for obtaining a family
residence permit no longer apply;
c) there is a valid removal decision or an entry ban to Turkey in respect to the foreigner;
ç) it is determined that the family residence permit is used for purposes other than of those it is issued
for;
d) (Abrogated: 28/7/2016-6735/27 art.)
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation of
residence permit in terms of duration of stay abroad are regulated by Regulation.
Applications for family residence permit through marriage of convenience
ARTICLE 37 –
(1) Where there is reasonable doubt prior to granting or renewing a family residence permit the
governorates shall investigate whether the marriage have been entered into solely for the purpose
of obtaining a family residence permit.
When it is so determined upon investigation family residence permit shall not be granted or,
cancelled if has been issued.
(2) Following the issuance of a family residence permit the governorates may carry out inspections
in order to establish whether the marriage is of convenience.
(3) Residence permits obtained through a fraudulent marriage and cancelled later, shall not count
towards the summing of residence durations stipulated in this Law.
Student residence permit
ARTICLE 38 –
(1) A student residence permit shall be granted to foreigners who shall attend an associate,
undergraduate, graduate or postgraduate programme in a higher education institution in Turkey.
(2) To foreigners who shall receive primary and secondary education and whose care and expenses
shall be covered by a natural or legal person, subject to the consent of their parents or legal
guardian a one year student residence permit shall be granted and renewed throughout the course
of their study.
(3) The student residence permit shall not entitle the parents as well as more distant family members
of the foreigner the right of obtaining residence permit.
15
(4) In cases where the period of study is less than one year, the duration of the residence permit shall
not exceed the period of study.
(5) (Annex: 28/7/2016-6735/27 article) To foreigners who shall receive an education in
Turkey by coming via state institutions and organizations, a residence permit may be granted
during their study period.
Conditions for student residence permit
ARTICLE 39 –
(1) The following conditions shall apply to student residence permit:
a) submitting the information and documents within the scope of Article 38;
b) not to fall within the scope of Article 7;
c) providing an address in Turkey.
Refusal, cancelation or non-renewal of student residence permits
ARTICLE 40 –
(1) Under the following cases a student residence permit shall not be issued, cancelled if has been
issued, refused renewal when:
a) the requirements of Article 39 are not met or no longer apply;
b) evidence exists that the studies are possibly not to be continued;
c) it is determined that the student residence permit has been used for a purpose other than that it is
issued for;
ç) there is a current removal decision or an entry ban to Turkey with respect to the foreigner.
Right of work for [foreign] students3
ARTICLE 41 –
(1) [Foreign] students attending a formal associate, undergraduate, graduate or postgraduate
programme in Turkey may work provided that they obtain a work permit. However the right of
work for associate or undergraduate students starts after the first year [of their study] and is
regulated by related law.
(2) The principles and procedures governing the right of work for associate or undergraduate students
shall be jointly regulated by the Ministry and the Ministry of Labour and Social Security within
the framework of the principles to be determined by the Migration Policies Board.
Long-term residence permit
ARTICLE 42 –
(1) A long-term residence permit shall be issued by the governorates, upon approval of the Ministry,
to foreigners that have continuously resided in Turkey for at least eight years on a permit or,
foreigners that meet the conditions set out by the Migration Policies Board.
(2) Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under
temporary protection or humanitarian residence permit holders are not entitled to the right of

3 With the 27th Article of the Law No. 6735 dated 28/7/2016, expression of "formal" was added before the
expression of "in Turkey" in the first item of this article and the expression of "cannot be more than
twenty four hours a week" was changed as "regulated by related law".
16
transfer to a long-term residence permit.
Conditions for long-term residence permit
ARTICLE 43 –
(1) With regard to the issuing long-term residence permit the following conditions shall apply:
a) having continues residence in Turkey for at least eight years;
b) not having received social assistance in the past three years;
c) having sufficient and stable income to maintain themselves or, if any, support their family;
ç) to be covered with a valid medical insurance;
d) not to be posing a public order or public security threat.
(2) Subject to subparagraph (d), the conditions stipulated in the first paragraph shall not apply to
foreigners who are considered appropriate for a long-term residence permit due to meeting the
conditions determined by the Migration Policies Board.
Rights conferred by a long-term residence permit
ARTICLE 44 –
(1) Without prejudice to acquired rights with respect to social security, and subject to conditions
stipulated in applicable legislation governing the enjoyment of rights, foreigners holding a longterm residence permit shall benefit from the same rights as accorded to Turkish citizens with the
exception of the provisions in laws regulating specific areas, and of:
a) compulsory military service;
b) the right of vote and be elected;
c) entering public service;
ç) exemption from customs duties when importing vehicles.
(2) The Council of Ministers is authorised to partially or completely restrict the rights listed in the
first paragraph.
Cancelation of long-term residence permits
ARTICLE 45 –
(1) Under the following cases a long-term residence permit shall be cancelled when the foreigner:
a) poses a serious public security or public order threat;
b) stays out of Turkey continuously for more than one year for reasons other than health, education
and compulsory public service in his/her country.
(2) The principles and procedures governing the re-application for a long-term residence permit and
assessment of the applications of foreigners whose long-term residence permit has been cancelled
pursuant to subparagraph (b) of the first paragraph shall be stipulated in a Directive.
Humanitarian residence permit
ARTICLE 46 –
(1) Under the following cases, upon approval of the Ministry, a humanitarian residence permit with
a maximum duration of one year at a time may be granted and renewed by the governorates
without seeking the conditions for other types of residence permits:
17
a) where the best interest of the child is of concern;
b) where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be
removed from Turkey or their departure from Turkey is not reasonable or possible;
c) in the absence of a removal decision in respect of the foreigner pursuant to Article 55;
ç) where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77;
d) throughout the removal actions of the applicant to the first country of asylum or a safe third
country;
e) in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency
or in view of the protection of the national interests as well as reasons of public order and
security, in the absence of the possibility to obtain one of the other types of residence permits
due to their situation that precludes granting a residence permit;
f) in extraordinary circumstances.
(2) Foreigners that are granted humanitarian residence permit should get registered with the address
based registration system no later than twenty working days as of the issuance date.
Cancelation or non-renewal of humanitarian residence permits
ARTICLE 47 –
(1) The humanitarian residence permit shall be cancelled and shall not be renewed by the
governorates in cases where the compelling conditions no longer apply, subject to the approval
of the Ministry.
Residence permits for victims of human trafficking
ARTICLE 48 –
(1) A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who
are victims of human trafficking or where there is strong circumstantial evidence that they might
be victims with a view to allow them to break from the impact of their [negative] experience and
reflect on whether to cooperate with the competent authorities.
(2) Conditions attached to other types of residence permits shall not be sought while issuing these
residence permits.
Renewal and cancelation of residence permits for victims of human trafficking
ARTICLE 49 –
(1) The residence permit granted to allow for recovery and reflection may be renewed for six months
periods for reasons of safety, health or special circumstances of the victim. However, the total
duration shall not exceed three years under any circumstances whatsoever.
(2) The residence permit shall be cancelled in cases where it is determined that foreigners who are
victims of trafficking or might be victims of human trafficking have re-connected with the
perpetrators of the crime through their own volition.
SECTION THREE
Stateless Persons
18
Determination of statelessness
ARTICLE 50 –
(1) The statelessness status shall be determined by the Directorate General. Stateless persons shall be
issued a Stateless Person Identification Document, which entitles such persons the right to legally
reside in Turkey. Persons, who are in the process of being considered as stateless in another
country shall not benefit from this right.
(2) Stateless persons shall obtain a Stateless Person Identification Document. The governorates shall
issue this document, upon approval of the Directorate General. This document shall substitute a
residence permit and shall be renewed by the governorates every two years without subject to any
fee. The Stateless Person Identification Document shall bear the foreigner identification number.
(3) The duration of stay in Turkey with a Stateless Person Identification Document shall count
towards the total duration of residence.
(4) The Stateless Person Identification Document shall no more be valid upon acquisition of the
nationality of another country.
(5) The principles and procedures concerning the determination of statelessness and the issuance of
the Stateless Person Identification Document shall be stipulated in a Directive.
Rights and guarantees granted to stateless persons
ARTICLE 51 –
(1) Persons holding a Stateless Person Identification Document:
a) may apply to obtain any of the residence permits set out in this Law;
b) shall not be deported unless they pose a serious public order or public security threat;
c) are not be subject to the reciprocity requirement sought in procedures concerning foreigners;
ç) are subject to the provisions of the Law № 4817 in activities and actions regarding work permit;
d) are entitled to the provisions of Article 18 of the Law № 5682.
SECTION FOUR
Removal
Removal
ARTICLE 52 –
(1) Foreigners may be removed to their country of origin or a transit country or a third country by
virtue of a removal decision.
Removal decision
ARTICLE 53 –
(1) A removal decision shall be issued either upon instructions of the Directorate General or ex officio
by the governorates.
(2) The [removal] decision together with its reasons shall be notified to the foreigner, in respect of
whom a removal decision has been issued or, to his/her legal representative or lawyer. If the
foreigner, in respect of whom the removal decision has been issued, is not represented by a lawyer,
the foreigner or his/her legal representative shall be informed about the consequence of the
decision, procedures and time limits for appeal.
19
(3) Foreigner, legal representative or lawyer may appeal against the removal decision to the
administrative court within fifteen days as of the date of notification. The person who has
appealed against the decision to the court shall also inform the authority that has ordered the
removal regarding the appeal. Such appeals shall be decided upon within fifteen days. The
decision of the court on the appeal shall be final. Without prejudice to the foreigner's consent, the
foreigner shall not be removed during the judicial appeal period or in case of resort to the
judgement with the exception of ones within the scope of (b), (d) and (k) subparagraphs of the
first paragraph and second paragraph of Article 54.4
Persons subject to a removal decision
ARTICLE 54 –
(1) A removal decision shall be issued in respect of those foreigners listed below who/whose:
a) are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237;
b) are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal
organisation;
c) submit untrue information and false documents during the entry, visa and residence permit
actions;
ç) made their living from illegitimate means during their stay in Turkey;
d) pose a public order or public security or public health threat;
e) has overstayed their visa or the visa exemption period for more than ten days or, whose visas are
cancelled;
f) residence permits are cancelled;
g) overstayed the expiry date of the duration of their residence permit for more ten days without an
acceptable reason;
ğ) are determined to be working without a work permit;
h) breach the terms and conditions for legal entry into or exit from Turkey;
ı) are determined to have entered into Turkey despite an entry ban to Turkey;
i) international protection claim has been refused; are excluded from international protection;
application is considered inadmissible; has withdrawn the application or the application is
considered withdrawn; international protection status has ended or has been cancelled, provided
that pursuant to the other provisions set out in this Law they no longer have the right of stay in
Turkey after the final decision.
j) fail to leave Turkey within ten days in cases where their residence permit renewal application has
been refused.
k) (Annex: 3/10/2016-KHK-676/36 article) are evaluated as being associated with terrorist
organizations which have been defined by international institutions and organizations.
(2) (Amendment: 3/10/2016-KHK-676/36 article) A removal decision may be issued at
every stage of international protection proceedings in respect of international protection

4 With the Article 35 of Delegated Legislation dated 3/10/2016 and numbered 676, statement of
"excluding the ones within the scope of (b), (d) and (k) subparagraphs of the first paragraph and second
paragraph of Article 54" has been added to come after the statement of "in case of" taking place in this
paragraph.
20
applicants or international protection beneficiaries who are evaluated as being within the
scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article.
Exemption from removal decision
ARTICLE 55 –
(1) Removal decision shall not be issued in respect of those foreigners listed below regardless of
whether they are within the scope of Article 54:
a) when there are serious indications to believe that they shall be subjected to the death penalty,
torture, inhuman or degrading treatment or punishment in the country to which they shall be
returned to;
b) who would face risk due to serious health condition, age or, pregnancy in case of travel;
c) who would not be able to receive treatment in the country to which they shall be returned while
undergoing treatment for a life threatening health condition;
ç) victims of human trafficking, supported by the victim's assistance programme;
d) victims of serious psychological, physical or sexual violence, until their treatment is completed.
(2) Assessment within the scope of the first paragraph shall be made on case by case basis. These
persons may be asked to reside at a given address and report to authorities in form and periods as
requested.
Summons to leave Turkey
ARTICLE 56 –
(1) Where a removal decision has been issued, foreigners shall be granted a period no less than fifteen
days and up to thirty days to leave Turkey, provided that this period is stated in the removal
decision. However, this period shall not be granted to foreigners who: bear the risk of absconding
or disappearing; have breached the terms and conditions of legal entry and exit; used false
documents; attempted to obtain or are determined to have obtained a residence permit with false
documents; pose a public order, public security, public health threat.
(2) A Leave Permit shall be issued to persons for whom a period to leave Turkey is granted. This
document shall not be subject to any fees, without prejudice to the visa and residence permit fees
as well as obligations related to penalties thereof.
Administrative detention and duration of detention for removal purposes
ARTICLE 57 –
(1) Where foreigners within the scope of Article 54 are apprehended by law enforcement units, they
shall immediately be reported to the governorate for a decision to be made concerning their status.
With respect to those where a removal decision is considered necessary it shall be issued by the
governorate. The duration of assessment and decision-making shall not exceed forty-eight hours.
(2) Those for whom a removal decision have been issued, the governorate shall issue an
administrative detention decision for those who; bear the risk of absconding or disappearing;
breached the rules of entry into and exit from to Turkey; have used false or fabricated documents;
have not left Turkey after the expiry of the period granted to them to leave, without an acceptable
excuse; or, pose a threat to public order, public security or public health. Foreigners subject to
21
administrative detention shall be taken to removal centres within forty-eight hours of the decision
by the [same] law enforcement unit that apprehended them.
(3) The duration of administrative detention in removal centres shall not exceed six months.
However, in cases where the removal cannot be completed due to the foreigner's failure of
cooperation or providing correct information or documents about their country [of origin], this
period may be extended for a maximum of six additional months.
(4) The need to continue the administrative detention shall be regularly reviewed monthly by the
governorates, and when consider it necessary. For those foreigners where administrative detention
is no longer considered necessary, the administrative detention shall immediately be ended. These
foreigners may be required to comply with administrative obligations such as to reside at a given
address and report to the authorities in form and periods to be determined.
(5) The administrative detention decision, the extension of the administrative detention period and
the results of the monthly regular reviews together with its reasons shall be notified to the
foreigner or, to his/her legal representative or lawyer. If the person subject to administrative
detention is not represented by a lawyer, the person or his/her legal representative shall be
informed about the consequence of the decision, procedure and time limits for appeal.
(6) The person placed under administrative detention or his/her legal representative or lawyer may
appeal against the detention decision to the Judge of the Criminal Court of Peace. Such an appeal
shall not suspend the administrative detention. In cases where the petition is handed to the
administration, it shall immediately be conveyed to the competent Judge of the Criminal Court of
Peace. The Judge of the Criminal Court of Peace shall finalise the assessment within five days.
The decision of the Judge of the Criminal Court of Peace shall be final. The person placed under
administrative detention or his/her legal representative or lawyer may further appeal to the Judge
of the Criminal Court of Peace for a review should that the administrative detention conditions
no longer apply or have changed.
(7) Those who appeal against an administrative detention action but do not have the means to pay the
attorney's fee shall be provided legal counsel upon demand, pursuant to the Legal Practitioner's
Law № 1136 of 19/03/1969.
Removal centres
ARTICLE 58 –
(1) Foreigners subject to administrative detention shall be held in removal centres.
(2) The removal centres shall be operated by the Ministry. The Ministry may have these centres
operated by public institutions and agencies, the Turkish Red Crescent Association or non-profit
associations with expertise in the field of migration by means of a protocol.
(3) The principles and procedures related to the establishment, management, outsourcing, inspection
of removal centres and the transfer of foreigners subject to administrative detention to removal
centres for removal purposes shall be regulated with a Directive.
Services provided in removal centres
ARTICLE 59 –
(1) In the removal centres:
a) emergency and primary healthcare services of which the foreigner is unable to cover the cost shall
22
be provided free of charge;
b) the foreigner shall be allowed access to and given the opportunity to meet with their relatives, the
notary public, his/her legal representative and the lawyer, as well as access to telephone services;
c) the foreigner shall be given the opportunity to meet with the visitors, consular official of their
country of citizenship, and officials of the United Nations High Commissioner for Refugees;
ç) the best interest of the child shall be considered, and families and unaccompanied minors shall be
accommodated in separate areas;
d) the Ministry of National Education shall take the necessary measures to ensure that children have
access to education.
(2) Representatives of the relevant non-governmental organisations with expertise in the field of
migration may visit the removal centres upon permission of the Directorate General.
Implementation of the removal decision
ARTICLE 60 –
(1) The foreigners at removal centres shall be taken to border gates by law enforcement unit.
(2) Foreigners to be removed without being required to transfer to removal centres shall be taken to the
border gates by law enforcement units through coordination of the provincial units of Directorate
General.
(3) Foreigners to be removed shall cover their own travel costs. In cases where foreigners are unable to
cover such costs, the full or remaining cost of travel shall be met from the budget of the Directorate
General. A ban on entering Turkey may be imposed on such foreigners as long as the costs are not
reimbursed.
(4) The Directorate General may cooperate with international organisations, the authorities in the
relevant country, and non-governmental organisations to carry out the removal.
(5) Passports or other documents belonging to foreigners may be retained until the foreigners are
removed and their tickets may be cashed for use in the removal.
(6) Natural or legal persons are responsible for covering the costs related to the removal of foreigners
whose stay and return they have guaranteed. Subparagraph three of Article 21 of Law № 4817 shall
apply to employers or agents of employers that employ the foreigner without a work permit with
respect to their obligations in the removal of such foreigners.
PART THREE
INTERNATIONAL PROTECTION
SECTION ONE
Types of International Protection, Exclusion from International Protection
23
Refugees
ARTICLE 61 –
(1) A person who as a result of events occurring in European countries and owing to well-founded
fear of being persecuted for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his citizenship and is unable or, owing
to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not
having a nationality and being outside the country of his former residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it, shall be granted refugee status
upon completion of the refugee status determination process.
Conditional refugees
ARTICLE 62 –
(1) A person who as a result of events occurring outside European countries and owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his nationality and is unable
or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or
who, not having a nationality and being outside the country of former habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted
conditional refugee status upon completion of the refugee status determination process.
Conditional refugees shall be allowed to reside in Turkey temporarily until they are resettled to a
third country.
Subsidiary Protection
ARTICLE 63 –
(1) A foreigner or a stateless person, who neither could be qualified as a refugee nor as a conditional
refugee, shall nevertheless be granted subsidiary protection upon the status determination because
if returned to the country of origin or country of [former] habitual residence would:
a) be sentenced to death or face the execution of the death penalty;
b) face torture or inhuman or degrading treatment or punishment;
c) face serious threat to himself or herself by reason of indiscriminate violence in situations of
international or nationwide armed conflict;
and therefore is unable or for the reason of such threat is unwilling, to avail himself or herself of
the protection of his country of origin or country of [former] habitual residence.
Exclusion from international protection
ARTICLE 64 –
(1) The applicant shall be excluded from international protection if:
(a) receiving protection or assistance from organs or agencies of the United Nations other than the
United Nations High Commissioner for Refugees;
(b) recognised by the authorities of the country of [former] residence as having the rights and
obligations which are attached to the nationals of that country;
(c) there is strong evidence to believe that they are guilty of offences specified in paragraph one of
24
Article 1 of the Convention.
(2) When protection or assistance for a person who falls within the scope of sub-paragraph (a) of the
first paragraph is no longer available for any reason whatsoever, such person may benefit from
protection provided for by this Law, unless a final solution to is reached on their status on the
basis of UN General Assembly resolutions.
(3) In cases where there is evidence to believe that the applicant, prior to international protection
claim, have committed inhuman acts for any reason whatsoever outside of Turkey, the assessment
shall be done pursuant to subparagraph (c) of the first paragraph.
(4) Applicants that i

What is Appeal in Turkish law system?
Appeal means judicial review of a decision once again by a
higher court. In regular courts, higher court is the Court of
Cassation and in administrative, it is the Council of State.
Some decisions of the administrative courts and tax courts
may be appealed before the regional administrative courts.

How is an appeal requested?
A petition is submitted to the Court within the designated
time limit to start the appeal process.

How is an appeal petition drafted?
The reason you make an appeal against the decision must
be shown in the petition. You have to explain why you want
the decision to be quashed. You need to put in detail and
give number to the contradictions which you think to have
occurred during the trial. The petition should include one
extra copy apart from the total number of parties.
What is the focus of an appeal stage?
Aim of the appeal is to control if there has been any
contradiction with the Law during the trial.

What is the time limit for appeal?
This time limit may change depending on the type of courts:
It is 7 days beginning from notification or pronouncement
in criminal courts,
15 days beginning from notification in civil courts of first
instance (Family, Commercial and Consumer Courts),
8 days beginning from notification in civil courts of peace,
10 days beginning from notification or pronouncement in
civil courts of enforcement,
8 days beginning from notification or pronouncement in
labour courts,
30 days beginning from notification in administrative and
tax courts.
As seen above, time limit for appeal may start when the
judge pronounces the decision or when the notification is
made depending on the type of the court. If the decision
is rendered in the absence of the party who has a right
to appeal, the time limit starts when this party is notified
in writing. In case no petition is submitted within the
designated time limit, it means you renounce your right to
appeal.

What happens as a result of the appeal?
The Court of Cassation/Council of State reviews the decision
rendered by the first instance court; if a contradiction is
detected, the decision is quashed and sent back to the first
instance court to be heard once again. In case the Court of
Cassation/Council of State does not find any violation of law,
the decision is upheld and becomes final.

Would my penalty get heavier if I go for an appeal?
No. The opinion that the penalty would get severer if a
person appeals to the Court of Cassation and his/her appeal
is dismissed, has no legal grounds. The Court of Cassation
does not impose heavier penalties against the party who
uses his right to appeal. In case the decision has been
quashed based on the appeal of the accused person only,
the penalty to be rendered after re-trial cannot be heavier
than the first one. However, it should be noted that also
the intervener (victim and the person who intervenes to the
trial) and the Public Prosecution Office have right to appeal.
In case one of these parties submits an appeal, the decision
may be quashed against the accused person.

Is a decision appealed automatically?
No. An application is needed to appeal a case. There is
an exception to this rule. The decisions which impose
imprisonment of 15 years and more is automatically
reviewed by the Court of Cassation. Except for this situation,
in all cases, appeal must be requested by one of the parties.
In case the appeal is not submitted to the Court within the
designated time limit, the right to appeal is exhausted. The
Public Prosecutor may also appeal the case in favour of or
against the accused.

I did not appeal, but the other party did. What will be the
results of his appeal for me?
If the decision has been quashed in favour of the accused
and if it is possible to apply it also for the other accused
people, you can benefit from this reversal of decision as if
you made an application for appeal. But it does not mean
this reversal will be valid for you automatically. If there is
no possibility to apply it also for you, the decision becomes
final decision on behalf of you, but it is quashed for the
others who appealed the decision.

What is the petition submitted to delay the time limit?
Since the 7-day-time limit for appeal starts when the decision
is pronounced in criminal cases, a petition is submitted to
the Court in order to delay the termination of this time limit
until the reasoned decision is written. This petition includes
your request of appeal and you state you will submit your
reasons for appeal in writing after the reasoned decision.
Therefore, when you want to submit such a petition, you
should write clearly that you request appeal. The same
procedure is applied in labour cases, but it is not applicable
for civil cases.

Is a hearing conducted for appeal?
As a rule, appeal stage is carried out over case files without
a hearing. But in some circumstances, upon the request of
the parties or when required by the higher court, a hearing
may be conducted. In criminal cases, only the accused (and
his lawyer) is called for the appeal hearing. The detainee has
no right to attend to the hearing conducted in the Court of
Cassation. If you want your appeal process carried out with
a hearing, you need to state it in your appeal petition.

My trial is over, decision has been rendered, has the process
ended?

All judicial activities are the result of complicated processes
which need great attention. The legal system, being aware
of the fact that mistakes may be done in this complicated
process, has established a judicial control mechanism in
order to check consistency of the decisions with the Law
by means of an another court. In this regard, objections
or appeals may be submitted to the First Instance Courts
or Higher Courts depending on the nature of the decisions
rendered by the Court. The trial process is completed when
the final decision is rendered.

What is a final decision?
A decision becomes final when all judicial remedies are
exhausted. The law does not grant the right to judicial
remedies for very simple matters. Apart from these
exceptions, judicial remedies have been introduced for all
decisions in order to ensure a second review. In case this
right is not used within the certain time limit or dismissed
after the review by the relevant court, the decision becomes
final.

What is a verdict?
The judgments of the Courts are sent to the parties in
writing. All judgments include a stamp and signature. This
letter is called "verdict". In the final part of the verdict, it is
stated whether the decision is final as well as the time limit
and authority you can appeal to. The decision becomes final
only when the parties do not appeal in the designated time
limit.

How is a decision made final?
In order to make an appeal in civil courts, the decision should
be notified to the parties firstly. Following the reasoned
decision and payment of the fee, the decision is notified to
the parties and time limit for appeal starts . On the other
hand, in labour and criminal courts the time limit starts as
soon as the parties learn the decision. If the decision is read
aloud in the courtroom, time limit starts immediately, if not
notification date is the start of the said time limit. There is no
need to take an extra action in these courts.

How will you know a decision is final or not?
You can ask to the registry of the court which renders
the decision if the decision is final or not. If there is no
application for appeal http://en.hukuki.net/index.php?topic=56489.0 or the application has been dismissed,
the court registry will put an explanation on the decision.
This explanation is an annotation which shows the decision
is final.

Reconciliation in Criminal Procedures (Mediation in Criminal Courts) in Turkey


What is reconciliation?
Reconciliation is the termination of the criminal
proceedings as a result of the agreement
which the victim makes with the suspect.

The investigation file is not closed before the
agreement concluded after the reconciliation
is fulfilled. If the opposite party fails to fulfil his/
her promise, the reconciliation is null and void.

What happens if I accept the proposal of
reconciliation?

Reconciliation process starts. During this
process which continues with the help of
a reconciler, the parties negotiate how to
compensate the financial and non-financial
losses of the person who has suffered from
the crime. These negotiations are confidential
and cannot be used against the suspect as
evidence. Accepting reconciliation is not a
confession of the crime.

Who can be a reconciler?
S/he is the person who conducts the process of
reconciliation. While the public prosecutor can
be the reconciler himself, he can also assign a
person who has received law education. The
parties, in agreement, can request assignment
of a lawyer or another law professional chosen
by themselves.

Should I pay a fee to the reconciler?
No fee will be charged from the parties for the
services of the reconciler. When the parties
reconcile, the fee is paid by the State. If there
is no reconciliation, it is received from the
accused person in case of conviction as a part
of the trial cost.

On which issues can we reconcile?
Since reconciliation is a process which is left to
the parties, the parties are free to agree on any
kind of matters either financial or non-financial.
• Compensation or reparation of the financial or
non-financial loss caused by the action,
• Granting donation to a public institution or a
person(s) who are in need,
• Temporary work at a private entity serving for
public interest
• Participation in a programme which will help
the concerned person be beneficial to the
society,
• Apologizing from the victim.
We reconciled, what happens next?
In case of reconciliation, you are obliged to
fulfil what you have agreed to do. When you
fulfil this obligation,
• Distress of the victim will be eliminated rapidly,
• No case will be filed against the suspect,
• If there is an ongoing case, it will be dismissed,
• There will be no possibility of conviction and
having a criminal record.

Reconciliation is different from withdrawal of
a complaint!
Reconciliation does not mean withdrawal
of a complaint. However, if the complaint is
withdrawn before reconciliation, you cannot
benefit from it. Therefore, instead of the
statement of "I have no complaint, I want to
reconcile", you should say "I have a complaint
and I want to reconcile".

Can reconciliation be reached in any kind of
crime?
No. Reconciliation can be used only for the
investigations and prosecutions of the crimes
which are prescribed by law. These crimes are
as follows:
• Crimes of which investigation and prosecution
is conditional on a complaint (excluding sexual
assault and crimes having the provisions of
effective repentance),
• Deliberate injury (Article 86 and 88 of the
Turkish Penal Code, excluding paragraph 3),
• Reckless injury (Article 89 of the Turkish Penal
Code),
• Violation of the immunity of residence (Article
116 of the Turkish Penal Code),
• Kidnapping and detention of children (Article
234 of the Turkish Penal Code),
• Disclosure of information or documents which
are in the nature of business, banking or
customer secrets (Article 239 of the Turkish
Penal Code, excluding paragraph 4).

How is reconciliation conducted?
• Law enforcement agencies, the Public
prosecutor or judge tell the parties details and
consequences of reconciliation.
• They ask the parties if they want to reconcile.
• The parties inform the authorities on their
decision about reconciliation within 3 days.
• Provided that both parties agree to reconcile, a
reconciler is assigned.
• Parties negotiates with the help of the reconciler
and take the decisions about themselves.
• The process is finished when the suspect
fulfils the act which is decided collectively and
the criminal proceeding comes to an end.

Do I waste time if I accept the proposal of
reconciliation?
Victims may think reconciliation is loss of
time and the suspect may think s/he will
gain time during this process but it is wrong.
Reconciliation is a fast process. The reconciler
is obliged to finalise the process within 30
days. The public prosecutor may extend this
time limit for another 20 days if s/he deems
necessary. During reconciliation, prescription
time does not work.

Is it possible that I will be deceived if I accept
reconciliation?
No. Reconciliation is under the control of the
public prosecutor. If you do not accept the
opposite party's proposal with your free will,
the process will be finalised.

Settlement means to finalise a the case by reaching a compromise among the parties.

Why should I prefer the way of "settlement" ?

The process of filing a case could be time consuming and cost a certain amount of money. The process of settlement enable you to get the result that may be available at the end of expensive and long period of filing a case.

If I prefer the "settlement", does it mean I am tortious?

No, It indicates that you want to resolve the case in a shorter time. Moreover the terms that you accepted during the "settlement" meetings is not binding at the trial. In other words, if you cannot settle the matters agreed upon are not binding for the court.

Do the cases last long?

According to the data of the DG for Criminal Records and Statistics; a civil case lasted 202- day. The avrege case length change according to the types of the courts. For example; 619-day at the Intellectual Properties court, 410-day at the Commercial Court, 441-day at the Labor Court, 157-day at the Family Court and 108-day at the Peace Court.

Is it expensive or cheap to file a case?

Although the cost of the case change according to the type of the case, it may be expensive. To give an example; if you loose the case related to the dispute 10.000 TL at the civil court of first instance, you pay aproaximately 2.000 TL on the condition that other party has a lawyer and consulted to the expertise.

It is easy to file a case but not the rest !

Remember that it is easy to bring the case before the court but as far as the rest of the process concerned it is hard to get and expensive. The court fees must be paid by the party that lost the case. But in case that party does not pay you are allowed to pay the court fees and take it back from other party through enforcement process. Even if you won the case the enforcement of the decision is entirely different process to get the decision enforced.

Would the other party vaiwe his claim if I have settled ?

Remember that when you have settled you make judicial contract with the other party before and with the formal approval of the court. Once the court states that the litigation is over by reason of settlement that written statement will have the full power of a court verdict. That statement does not only indicates that the litigation is over due to the settlement it clearly states the right and duties of the parties stemming from the settlement. Therefore in case the duties are not fulfilled this document would be enforcable.

Settle the dispute and get the result in a quiet easier way!

Worldwide statistics indicates that the rate of the fullfilment of duties settled between the parties of a dispute is higher than those obtained through trial process

Can I settle without filing a case ?

Yes, Lawyers are entitled by law to mediate in a settlement of legal disputes, When you settle a dispute through the mediation of a lawyer you would have an enforcable document having the same legal consequences with a verdict whithout paying any court fee

What are my financial advantages when I settled?

The amount of the cout fees to be reduced,

• In case you settle at the firs stages of the trial ( untill the first hearing is held) you pay only 1/3 of totall and the amount of the lawyer cost you have pay to your opponent shall be reduced by half
• In case you settle after the first hearing is held you pay 2/3 of total
• You save from the totall trial cost such as ( posting, expertise, on spot view, travel. Etc) and the time you would waste in the courts instead of your business.
• You also save from the amount of the enforcement costs since you are not going to run for enforcement process.

Does settlement apply to all kind of legal dispute?
No, Settlement applies to matters t on which o make a contract is also allowed by law. To put it bluntly, If you can make contract on a legal matter you can also settle a dispute on that matter. In matter parties are not allowed to make contract such as criminal cases, cases on population records, cases about child custody settlement is not applicable but family cases courts to save from the time and the costs take into consideration the terms of an agreement reached between the parties.

Guide to Courtrooms

Layout of courtrooms

The place where the hearings are held is called
'courtroom'. In order to conduct hearings efficiently,
there is a pre-set order and all proceedings are
carried out according to a certain procedure. All
details are predefined: such as who stands where,
who takes the floor when, who are allowed to be
in the courtroom and who are not. You have to
abide by these rules for proper organisation in the
courtroom.

Who stands where?

The judge and Public prosecutor sits on the "bench".
Normally there is one judge but if it is a panel
there are three judges sitting on the bench. The
prosecutor sits on the right side of the judge. The
right side of the judge belongs to claimant (claiming
side or complainant) and the left side belongs to
the defendant (defending side or the accused). In
other words, if you stand in front of the bench, the
claimant is on your left and the defendant is on your
right. The clerk sits in front of the bench and keeps
record of the proceedings during the hearing with
the instructions of the judge.

Who talks where?

Witnesses testify from the bench which is situated
in front of the clerk. The accused who are not under
detention and the claimant and defendant in civil
cases have their own places. If they have lawyers,
lawyers sit next to them.
Everybody speaks standing up, but from where they
were seated. Only the witness speaks in front of the
bench because s/he does not sit in the courtroom.

Who talks when?

Hearings go on according to a certain procedure.
The judge lets you speak when necessary.
Therefore, you should not interrupt others' words
or speak without permission. In case you have
an urgent statement to make, you have to ask
permission from the judge. Standing up when you
speak shows your respect to the court.

Where do the witnesses sit?
To avoid possible influence from what may be heard
inside and have them tell the full truth, those who
will be heard as witnesses are not allowed in until
their turn comes. That is why there is no specific
spot reserved for witnesses. When the witness will
be heard, the court attendant calls him/her in by
name. Witnesses who give testimony could leave
the courtroom by judge's permission.

Is everybody allowed in courtrooms?
Yes, hearings are held publicly. However, in
some circumstances required by public safety or
morality such as cases concerning minors, sexual
offenses and so on, closed sessions may be held.
This situation is to be announced in advance, no
spectators are let in and those who are inside are
asked to leave the courtroom.

Bearing witness (*) is compulsory ?

Yes, it is. The witness by law required to come to court upon request , testify on what he/she knows and take the oath to tell the truth. In exceptional circumstances thos who are enumerated in the law are entitled to restrain from bearing witness. This matter shall be explained below.

What is Witness?

The term witness stands for those who are known to have information on an incident but are not party to a litigation.

What if I were summoned on a matter I have no information about.

In that case, you need to explain yourself to the court that you have no information about the case and take an oath if you required.



What if I don't appear in the court?

In such case you might be forced to appear in the court by the police and required by the court to pay the expences made due to the delay you caused and you might even be sanctioned to the disciplinary incarceration.

What if I m really not in a position to appear in the court?

You must explain yourself to the court in written immidiately. In the notification you have served there must be file and docket number of the case. You need to right a petition to the court summoned you. But, remember not all kind of excuses are acceptable. Such excuses as ' Im busy' or 'I have a rendes-vous' would not be welcomed as sensible excuses.

I'm very busy, could I go to court registry beforehand and have my statements taken?

No, Witnesses must be heard by the court, you are not allowed by law to have your statements written in the registry in a day before the date set by the court.

I will appear in the court what I need to do ?

There must be the name of the court and the time and day you are summoned in the invitation you served. I would suffice you to be there in that time. When the moment of your testimony cames the bailif would cry your name. Do not get in the court room before you have been called.

Why am I not allowed to watch the hearing?

Witness is expected to be impartial and to tell the truth, in case you watch the hearing you might possible be effected or distracted by what you have heard therefore you need to wait ourside untill your turn comes. Witnesses are heard seperately but could be bring together compare the conflicting statements where necessary.

What am I required to do in the course of the hearing?

Remember taking your ID with you. When you are called in the courtroom your identification would be asked and recorded thereafter you are to be asked whether you know the parties to the case and whether you have any involvement whatsoever to the case. Answer these questions correctly. Remember the false testimony is a crime. If you know the parties or you any involvement to the case or any benefit therefrom whatsoever please explain it to the court beforehand.

What I need to say?

Tell everything you know in a clear and concise way. Please tell before hand if tell those you believe are true but you did not witnessed. For instance if you are a witnesse in a divorse case and you are asked " Was Ahmet beating his wife" do not reply as " yes he was beating his wife" reply instead as " I was told by his neighbours that he was beating his wife"

What if I lie?

Perjury and false statement are crimes. In case the court believe that you were lying it would inform the prosecution office. You might well be sentenced to a time in prison and this would be registered you your criminal record. In case where the perjury revealed after the court adjourned and the verdict was rendered the court would retry the case. Beside the prison you might facea compansation claim.

Can I give my statement in written?

No, you need to appear in the court and reply the questions of the judge verbally. But in such technical questions or those about the digits you might ask permission to do so.

If you stayed back of your business schedule and spent money for transportation

You are entitled by law to get paid for the time you spent this to be decided by the court and you are as well have right to be paid for your travel expenses.

Can I go to notary instead of the court?

No. Testimony before the notary can not be replaced the testimony before the court.

Who is the accused and Who is the suspect in Turkish criminal law?

The suspect is the person being investigated due to the crime suspicion by Prosecution Office or law enforcement offices (police, gendarmerie) functioning under the auspices of the Prosecution Office. If a criminal case is brought against this person, he/she is named as an accused.

I have been informed thet I am a suspect of a crime. I have been called to police station or Prosecution Office? What should I do?

First of all, stay calm. Bear in mind that you are living in a state governed by the rule of law and human rights are protected by constitutional safeguards. After you inform your family and relatives, go to the relevant police station or Prosecution Office. It is for your interest to go there with your lawyer to enjoy legal councel.


I am testifying, What will happen?

Remember that you might be at the begining of the process as a result of which you can face a serious situation and you can be deprived of your freedom if your statement is being taken as a suspect. People and even public officers around you may tell you that "it is not important", "nothing can happen" or "the prosecutor can release you now" in order to appease you. Bear in mind that these expressions are wishes of courtesy. The things you states and do in the process in which you are can lead to irreversable results. The exercise of the rights to which you are given are under constitutional guarantee. Do not hesitate to exercise your rights.

What is the meaning of taking into custody?

It means detention of the person under crime suspicion by a public prosecutor or law enforcement offices (police, gendarmerie) functioning under the auspices of the Prosecution Office upon the order of the public prosecutor for interrogation. If the person taken into detention is not released, he/she shall be brought before the judge within 24 hours from the date on which apprehension warrant is issued. Duration necessary to send the apprehended person to the closest judge or court is not included in this duration. Due to the difficulty in collecting evidence and the number of the suspects in collectively committed crimes, the prosecutor can issue written order to extend the duration of detention to 3 days.

Do I have to testify?

No. You are entitled to exercise your right to remain silent. However you are obliged to give true answers to the questions regarding your identity. Otherwise you can face criminal sanctions and measures.

What if I lie?

It is in your intrest to express the truths as they are. However nobody can force you to do so. False testimony is a crime but false testimony of the accused is not prescribed as a crime. However given that criminal justice is based on discreation of the judges and it is left to the judges to apply mitigated reasons, you should bear in mind that you can have troubles in this sense if it is understood that you have lied.

Can I change my testimony?

As you have the right to remain silent, you have the right to change what you have testified before. However you should bear in mind that repeated change of testimony can be interpreted by prosecutors or judges as a sign to lie and to manipulate the facts.

Would I get lesser punishment if I explain the facts in a different way?

Somebody can recommend you to explain the facts in a different way. Sometimes it happens that there are those sentenced to heavier punishment than it requires, since they follow these recommendations to explain the facts in a different way. For instance, an accused charged with using drugs can be sentenced to more severe punishment after being classified as a drug dealer, since he/she explains the facts in a different way to clear her/himself. For this reason, if you are not able to judge the legal process and its outcomes, this sort of attitudes can give rise to negative results rather than positive ones.

Is it a requisite to hire a lawyer?

Criminal proceedings may result in something as a result of which you may be kept in prison and deprived of your freedom. It is of your high interest to have a lawyer. If you are a suspect charged with a crime whose minimum sanction is more than 5 years in prison, it is a must for you to have an attorney. If you are not in a positon to select a lawyer, state shall assign a lawyer for you. If you are under the age of 18 or you are dump or deaf and you have no lawyer, state shall assign a lawyer for you irrespective of the crime attributabed to you.

When shall I hire a lawyer?

There is a misconception that it is not necessary to have a lawyer at law enforcement and prosecution office level. For this reason, it is observed that attorney is hired only when there is an arrest decision. The earlier the lawyer is involved in the process, the better the rights of the suspect are protected. It is not true attitude to wait until you are taken in prison in order to understand the importance of the situation.

What is arrest?

A person against whom there is strong suspicion can be deprived of his/her freedom if there is a strong crime suspicion indicating that there is an attemp to escape or to destroy, hide or change evidence, or to exert pressure on witness, victim or other in order to keep the sound functioning of criminal proceedings as a measure. Arrest is not punishmet but measure. Arrested person shall be released from the moment when conditions for arrest no longer exist. The fact that a person is on trial as an arrested accused does not necessarly mean that he will be punished at the end of the trials. Likewise, the fact that a person is arrested does not necesarrily mean that he will not be punished.

I stand trial not being remanded in custody, meaning Im not to be sentenced

This perception is completely wrong. The number of those sentenced and sent to the prisons is quite high, though they are not remanded at the beginnig. The fact that you have not been remanded does not necessarily mean that you will not be sentenced to improsenment. Even if you are not arrested, you shall appear in trials and fulfil the requriments specified by the courts as early as possible.

What does relase mean?

In principle, proceedings are held without remanding the accused in the custody. However custody is decided where the above exceptional situations exist and there is a must for this purpose. The news in the media that persons are released in progress of judicial process are presented in a way capable of giving the impression that they have been acquitted. This is a mistake. Even if a person is not remanded, he/she is still an accused and under the threat of sanction. If he/she is found guilty, he/she shall be sentenced.

Prosecutor released me, m I acquitted now?

Prosecutor does not consider every single case as a case requiring arrest. Even though some cases are serious, reasons for arrest as specified in the law do not exist. The fact that the prosecutor does not refer you to courrt for arrest does not mean closure of the case. Unless there is a non-prosecution decision given about you, your status as a suspect continues. It is possible that you can be sentenced after being tried as an accused.

What is the meaning of non-prosecution decision?

Prosecutors are not obliged to initiate a case after every investigation. He/she measure the facts with his/her legal knowledge. He/she considers whether or not there is a crime, if yes, whether or not there is sufficient evidence to identify the suspect and a case shall be opened. Non-prosecution decision shows that the prosecutor does decide not to bring a case. It is possible to appeal this decision. Victim or those suffered from the offence can apply to closest Aggravated Penal Court to abolish the decision of the prosecutor to open a case against the person concerned. The decision given by the Aggravated Penal Court upon appeal is final. It is not possible to challenge this decision.

The case is opened, What happens now?

You will be tried as an accused if a case has been opened against you. The indictment prepared by the prosecutor contain the crime attributed to you and evidence indicating that you have committed the crime. You can present every facts refuting the evedence presented. You can request to bring the documents which public authorities hold. You can identify witnesses and request for their testimony. You can present the court questions to be asked to those who testify against you. Your testimony about progress of the facts is one of the important tool before the court. Since criminal justice is based on judicial discreation, your oral defence is important. However you can present the court your arguments and evidence in written as well. Your appearance before the court is very important. If you have a lawyer and it is difficult for you to attend every trial, you can request from the court to be immune from trial in order to abstain from attending the trials.

How to File an Administrative Case at Turkey courts ?

What is an administrative lawsuit?

An administrative lawsuit means bringing a case against State's acts and/or actions before administrative courts.

At Which court an adminstrative lawsuit can be filed?

Adminstrative lawsuits can be filed before adminstrative courts or tax courts of first instances and the Council of State.

Where can adminstrative lawsuit be filed?

The administrative court that is located in the region of the administrative authority, which made the administrative acts shall have jurisdiction over the case.
(Provided that the general provisions regarding to subject-matter jurisdiction are reserved)



Where are the petitions submitted?

You should submit your petition to relevant administrative or tax court if there is any in your place. Be prepared bearing in mind the fact that court fee and cost of postage are required. It would be better if you got an estimated cost from the court before filing a case.

What should I do if there is no adminstrative/tax court in my place?

You can submit your petition to a general civil court of first instances.

I am abroad. Do I need to come back Turkey to submit a petition?

No.You can submit your petition to Turkish Consulates.

Against which decisions can be appealed before an administrative court?

An adminstrative lawsuit can be filed against Administrative acts and/or actions which are carried out by and adminstrative institution ( a public body;state, municipality etc.) The act in question must also a definite one. The act is deemed not be definite if it still continues or needs an approval by other authority or there is a compulsory objection procedure available before an administrative authority. If so,compulsory administrative objection procedures must be exhausted.
If you deem that your rights have been violated by an administrative action, you must apply to the relevant administration for the rectification of the situation within a year from the notification or the date they learn the action by another way and in any case within five years from the action, before bringing a lawsuit.

What's the time limit for bringing a lawsuit?

The time limit to bring an action is sixty days for the actions brought to the Council of State and administrative courts, thirty days for the actions brought to the tax courts, unless otherwise stated in the specific Act

What can I do if a notification has not been made?

In case that you have made a request to administrative authorities for the implementation an act or taking an action that may be the subject of a lawsuit and If the request is not replied within sixty days, it shall be deemed to be dismissed. In this case, the time limit for the action runs from the date after you have made the request.

If response from the administration is not final or vague what can I do?

If the response given by the authorities within sixty-day period is not final, you may either regard this response as dismissal or you may bring an action regarding this response as dismissal or you may wait for the final response. In this case, the time limit for the action shall not run. However, the waiting period cannot exceed six months from the date of the response. However, after expiry of 6-month period if you do not bring a lawsuit within 60 day you will lose your right to bring a lawsuit.

What happens if you have not received a notification?

It is likely that the notification has been made via proclamation since you have not been found in your adress. In this case the time limit runs from fifteen days after the date following the last day of proclamation.

What happens in case that you have filed against an uncompleted indefinite administrative decision?

In case that you have filed a suit for an non-final administrative decision your petition is referred to the authorised administrative authorities. In other words your pettion is regarded as a petition adressed to the authorised administrative authority instead of one submitted to the court.

What should your case petition involve?

1-Your name, surname, ID no, open adress
2- Other party's open adress
3-Provided that they have written as clearly and summarily possible,
a- Subject matter
b- Reasons of the case
c-Your ultimate aim to bring the lawsuit
d- Legal basis
e- Your evidence
i- Enumerate your evidence in a form of a list attached to the petition
ii- Explain clearly how to obtain other evidence that you do not have at that moment
iii. The day of notification of the administrative act
iv.In tax actions, type and year of the relevant tax or tax penalty, date and number of the demand note, account number of the taxpayer, if available,
h- Relevant case law, if available ( examples of final court decisions which are similar to your case)

How should your petiton be prepared?

Your petition is your most important tool for your case. If it is too long or includes too many unnecessary details, it may harm your argument.If it is too short omitting the vital legal points that may also be a disadvantage for your claim. Thus, it is your responsibilty to ensure that your petition has been prepared carefully. İf would be better if you had an advice from a lawyer.

Is it compulsory to be represented by a lawyer before administrative courts?

No. Everyone is entitled to bring a case before a court on matters concerning him/her. However,you need to take into account of the fact that bring an action before a court may lead to serious consequences. Moreover, if you are not able to cover court expenses in the context of "legal aid" procedure, you are entitled to apply to Bar Association of your city for a lawyer to be appointed free of charge for your defence.

How is a lawsuit filed?

Apply to the relevant court with your petition containing above mentioned matters. Having calculated them, court clerks will inform you about court fee and postage expenses which you must pay for. Once you have submitted your pettion to court clerical office along with receipt for the fee and cost of postage, your case is considered to be commenced. The document that will be given to you, contains the name of the court in which your case will be handled (ie. Istanbul 2. Administrative Court of First Instance) and the case number. The case number consists of two parts: the first part shows which year your case has been commenced while the second part indicates which number your's is among the whole cases that has been commenced in that year within that court.( ie. 2019/123) After that, you will have to keep the case number and use them in every transaction regarding your case ( ie. Ankara 2. Administrative Court of First Instance 2019/456)

What happens if my adress has been changed?

The court communicates with your via postal service. Thus, when your adress has been changed you must inform the court of your new adress with a petititon as soon as possible. If you are not found at your adress you are not be able to communicate with the court,.Then, you are not able to fulfil likely request to be made by court. In that case it is decided that the action has not been brought since you have not pursued your case.

Do the administrative acts automatically stop once an administrative suit brought against it?

Bringing an action to the Council of State or administrative courts shall not prevent the execution of the administrative act which is the subject of the actio n. You must request the court for a stay of execution to be granted. If the Court decides that implementation of an administrative act will result in damages which are difficult or impossible to compensate for, and if this act is clearly unlawful, it decides to stay the execution of the act.

What does " the stay of execution" mean?

This notion correspons to the stop of the administrative act against which you have brought an lawsuit. For instance, your house has been decided to be demolished by the local municipality.In this case you file a lawsuit aganist the administrative act before an administrative court with the aim of annulment of the act alleging that the decision in question is unlawful. Since just filing a suit itself does not automatically stop the execution of the act. You must request the court a stay of execution be granted. Otherwise, the act may be executed by the municipality resulting the demolition of your house. In that case, if you were found to be right or you won the case the justice has still not been administrated.Therefore in order to avoid this consequence you need to request a stay of execution decision from the court. In the same way, Putting the expression of " Stay of execution has been requested"to both "subject" and "final request" parts of your petition is vital.

How to Lodge a Complaint?

I am a victim of a crime, I want to file a criminal case!
The authority to file a case in criminal courts belongs to the Public
prosecutors. If you are a victim of a crime, upon your complaint
to the public prosecutor, he will conduct an investigation and file
a criminal case on behalf of the public if he deems necessary.

Which issues cannot be complained to the Public Prosecution
Office?
The complaints made to the Public Prosecution Offices should
always be related to a crime. Civil cases such as payment of rent,
divorce or failure to pay a debt are not within the competency of
the public prosecution office. For those issues, application should
be made to the civil courts. It may be useful if you consult to a
lawyer thereon.

How to lodge a complaint?
A complaint is informing public prosecution office or law
enforcement agencies (police, gendarmerie) about the crime
that you have been exposed to, the name of the perpetrator/s,
if you know, and explicit declaration of your request concerning
the punishment of the perpetrator/s. It will be useful to bring a
petition describing the incident with you, but not compulsory.

What will happen if my complaint is not real?
The incident that you have complained should occur or the
person you have complained should be the suspect of the said
crime in reality, at least there should be reasonable justification
for you to think in this way. In case you file a complaint on
purpose on an incident which has not happened, you may be put
under investigation due to creating "false charges" and in case
you complain about someone who you know not have committed
a crime, you may be put under investigation due to "libel".

What should I do?
Civil cases are filed and resume upon the will of the parties.
However, criminal cases are initiated on a request made on behalf
of the public and the public prosecutor is the party of the case
on behalf of the public. Therefore, procedures are simpler when
compared to that of civil cases. It is sufficient that one (you)
notifies the crime to the authorized bodies. It is not likely that you
are deprived of your rights because of the procedure as it is the
case in civil courts.

Can I Participate in the judicial process?
Trial is conducted on behalf of the public in criminal cases.
However, the state entitles you to a certain extent to participate in
the trial process with the prosecutor since you are the victim of a
crime. If you file a complaint or participate in the case, then you
are entitled to be involved in certain proceedings.

What is the Difference Between the Victim and the Complainant?
Victim is the person whose rights have been violated by
commission of a crime. The requests of the victims from the state
to punish the perpetrators are called "complaint". Every victim is
not always a complainant. Therefore, this distinction exists.

What Will Happen if I do not complain?
Sentence of some petty crimes is based on the complaint of the
victim. However, complaint is not necessary in the punishment
of serious crimes. The perpetrator is sentenced even if the victim
does not file a complaint. However, the victim who does not
complain cannot benefit from some civil rights.

Is Complaint and Notice the same?
Whenever a crime is committed, public order is distorted.
Therefore the public empowers the public prosecution office to
prosecute the crimes. Everyone may inform the law enforcement
agencies or public prosecution offices about a committed crime.
Complaint is a right granted to victims; however notice may be
filed by everyone. Complainant may participate in the trial, but the
owner of the notice has no right to do this.

What is Intervening to the Trial?
When a public case is filed, complainant may intervene in the
trial and may be a party to the judicial proceedings. Intervention
is a procedural transaction and it is conducted by declaring
your intention to the court. If the court approves the request
then intervener becomes party to the judicial proceedings. For
instance, the intervener may present a witness, ask questions to
witnesses via court, and appeal against the decision. Intervention
does not mean to be present at every hearing. It means to be a
party to the case in the procedural sense.

Is a lawyer necessary?
Public officials deal with the necessary transactions on behalf
of the victims or those affected by crime. If the victim or the
person affected by crime is a minor, deaf or mute, or mentally
disabled, an attorney will directly be appointed for them. It is always
advantageous for you to represent yourself by a lawyer but it is
not compulsory. Victims of sexual crimes and of the crimes that
have a lower limit more than 5 years of imprisonment may ask for
a free lawyer from the bar provided that they have an intervener
status in the case. When the victim or the person affected by
crime is a minor, deaf or mute, or mentally disabled and s/he
cannot defend himself/herself, it is a legal obligation that they
are represented by a lawyer. In case they have no lawyer, the
bar appoints one for them. Fee of these lawyers is paid by the
one who loses the case or assumed by the state in case of an
acquittal.

How can you enjoy your right to conciliation?
The public prosecutor invites the perpetrator to public prosecution
office in cases where the law allows. He asks if the perpetrator
accepts the liability arising from the concerned crime. In case
the perpetrator accepts the crime as well as paying the whole
or important part of the material and moral loss arising from
the concerned action or compensating the losses, you will be
notified thereon. In case you accept with your free will that your
loss is compensated partially or completely and declare that you
reconcile, there will be no further prosecution.

A Notification Document Came From the Courthouse !

Every "document" which comes from the courts, public prosecution
office or civil enforcement offices is sent to inform you about an
official process. The document which is sent by these authorities is
called "notification".

What should I do when a letter is sent by the courthouse?

When you read the letter carefully, you will see it contains all the
necessary information. If you think that the information in the
document is complicated or incomprehensible, you can ask advice
from a lawyer. If you take the notification and go to the courthouse,
the Information Desk staff will help you as well. Keep in mind that
every document sent by the courthouse is sent for an official purpose
and most probably, it is a time limited document.

What is the notification for?

The notification is sent in order to inform you on a judicial process.
The State informs you when your testimony or help is needed
concerning an issue which may be against or in favour of you and
expects you to protect your own rights or tell about your information
or experiences or submit your complaints. Do not forget that the
notification may be about any subject. The notification may be sent
for various reasons such as inviting you to the court as a witness,
informing you that an enforcement (seizure) procedure has been
initiated against you because of your unsettled debt or informing you
on the date of a hearing and so on. The court or authority which
sends the notification or its purpose is indicated on the document.
Please read it carefully.

How can I understand who sent the notification?

The name of the sender is written on the top left corner of the
notification. For instance, the 2nd Civil Enforcement Office of
Istanbul or Civil Court of First Instance of Ankara. Furthermore,
there is a number indicating the type of action. This number is called
registration number.

What is registration number?

The courts give a separate number for each file in order to carry
out the proceedings in an organised way. This number is called
registration number and abbreviated as "E". There is a simple logic
behind this number. The first part of the number shows the year in
which the case is filed and the second part indicates the sequence
number of that case among all the cases filed in the same year. It
is indicated in this way: "E:2019/20" or "E:19/20". Since each court
gives a separate number, the files are named with the name of the
court. For instance, Assize Court of Istanbul E:2018/2020.

What should I do with the notification?

You must keep the notification. You will need the information on it.

I received the notification, what if I do not do anything?

There is a wide-spread misperception among the society that "judicial
process does not start, if I don't do anything although I receive the
notification". Whatever you do, do not make the mistake of doing
nothing after you receive the notification. When the notification finds
you, the judicial action starts. Keeping silent means you endanger
your own rights. In civil courts, when you do not respond to the
lawsuit against you, it is supposed that you deny all the claims.
However, when you do not follow the case, it means that you waive
many of your rights such as submitting evidence to the court and
responding to the evidences presented by the other party. In case
you do not do anything after receiving notifications such as "payment
orders" from civil enforcement offices, it may result in various
losses of rights.

What happens if I do not take any action?

Keep in mind that the State does not let the things be delayed. Each
action has its own duration. The moment you receive the notification,
the duration of that certain action starts. You may lose your right to
object, you may lose your rights, you may get into debt, you may be
assumed that you accept the debt, even in some cases you may be
taken by force by the police.

They left the notification to the neighbourhood governor, what if I do
not receive it?

If you are not at home, an information paper is left to the door and the
notification is left at the office of the neighbourhood governor. The
day on which the notification is left to the neighbourhood governor
shall be assumed as the date you receive it. Even if you do not receive
it physically, the legal process starts. All undesirable circumstances
which are mentioned above may happen to you.

They sent the notification to my previous address; I was not informed
about it!

In case of a change of address, it is your responsibility to declare the
new address to the relevant authority. If you do not declare your new
address, the notification is sent to the address which is registered in
the Civil Registry Office. Therefore, you should always submit your
updated address to the Civil Registry Office.
Even if you have never resided in or moved from the address
registered in the Civil Registry Office, the notification letter is given
by signature either to the head of district - a member of the district
council or municipal police commander - officers. Furthermore, the
delivery address is written on the notification letter and this letter is
taped on the door of the concerned address. The date on which the
notification is taped to the door is regarded as the notification date.
In case you have no registered address in the Civil Registry Office,
a copy of the notification is left to the door of the previous address
and that date is regarded as the notification date. After this date,
notifications made to your previous address are deemed to be made
to the addressee.

How to file a case (*) in Turkey?

A case is filed through a petition submitted to the court registry, what a petition should contain is stated below: a civil case is filed once you attached to your petition the receipt indicating that you paid the postal costs and the trial fee.

(*) Filing a case

Filing a case means to claim a right suing a person or an agency before a court. In case you have subjected to an unfair treatment the court shall intervene and deliver your right after they tried the case.


Filing a case is simple such as that ?

Yes, all it takes to file a civil case is to deliver the petition to the court registry with postal costs and legal fee receipt attached. Despite it seems too easy its a highly formal procedure entails severe legal consequences and huge financial burden.
Remember. Despited the filing phase is simple as that. The entire process is extremely severe and sometimes could be time consuming.

How long an avarage case takes?

According to the statistics of the Justice Ministry. In 2007 it took 202 days to try a case, that changes from court to court. For instance, a case filed in Intellectual Property Civil Court has been tried in 619 days, that figure changes In the Commercial Court as 410 days, In labor Courts as 441 days, in Family Courts as 157 days, in Civil Courts of Peace as 108 days.

Is it better if I dont file a case?

It your constitutional right to apply to courts and seek justice. Do not refrain from exercising your rights. But in doing so it would be in your favor to you deeply assess before you launched thep process. the possible consequences in terms of winning and loosing and prospective financial consequences when you lost.

Where should I file the case?

You should file the case in the competent and assigned courts. Since the question as to which court is competent and assigned has no short cut answer and filing a case in an incompetent court would possibly result in time and money losts, you'd better consult to and advocate and ask for professional help.

What should I know before filing a case?

If you are not in a position to afford a lawyer ask your selves the questions below:
•Are you sure you are informed well enough to file a case?
•Are your determined as to pursuing your case? Ignoring the presence at the court once you filed a case results in the
case being deemed unfiled.
•Have assessed the negative consequences in case you loose the case? If you hired a lawyer you'd better ask him/her to inform you on that
•How much the case would cost to you?
•What is the avarage amount of the additional costs in case you loose (legal fee, trial costs, lawyer costs etc)
•Is there any other way available to fix the unfairness you have been through.


The overall layout of a petition :

The petition is the key tool in a civil case. State your case touching the core issues. Writting longer than necessary, giving room to unnecessary detailes, mentioning irrelevant people could damage your case. Likewise a petition written way shorter than necessary and skipped the core aspects , would harm the case as well. Therefore the petition should be drafted in due diligence. Drafting your petition title by title, listing your evidences, putting your attachements in order would be in your favor.

What a formal petition should contain?

• Name
• Surname
• ID number
• Plain address
• Name and surname ID number ( if possible) of the defendant,
• Title if its an agency
• The subjectmatter of the case
• The reason why you file the case
• The claim
• The legal grounds you based on
• Evidences
• The date of the incident has occured and the date you have found out.
• Jurisprudences of the supreme court ( if possible) and samples of previously tried cases.

Is it compulsory to hire a lawyer?
No, it is not. Remember an attorney would be of great help in the course of a litigation. In case you are not sure that , you are well informed in litigation and procedural law consult to a lawyer. If you are not in a position to afford a lawyer remember that you are entitled to a pro bono lawyer. To get that free legal aid. You need to apply to the bar association of your city, For more information please see. the legal aid brochure

How much cost to file a case , expensive or cheap?
Yes, Filing a case could sometimes be expensive, legal fees are not so high in comparison to the fees in Europe. But still depending on the nature and the time to be invested. Expenditures could get higher than estimated. You should get ready to the unexpected expenditures and find out what the possible expenses are. In the course of the trial legal expenses are demandend from the claimant. In case you dont pay the legal fees court by law would find that you vaiwed your right to file a case and that would be harmful for your case.

Could I be reimbursed?
If you win the case at the end the court would decide that the expenditures you made to be paid by your opponent. But remember only the court fees to be paid to you. The such expences as made in preparation to the case, transportation expenses and the
the wage you paid to your council shall not be reimbursed.

Am I entitled to enforce my right directly?
No, You need the judgment be finalised and the court fee decreed in the judgment must be paid and the judgment should be served to your opponent. The parties have right to appeal the decision. In case one of the parties appealed the decision. the decision shall become final after that stage is over.

SPECIAL PROVINCIAL ADMINISTRATION ACT

Act No.   : 5302
Adopted on    : 22.2.2005
Official Gazette   : 04/03/2005 - 25745

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION SIX
Miscellaneous and Final Provisions
PART ONE
Miscellaneous Provisions
   Foreign Relations
   Article 62 — The special provincial administration may be a founder member or an ordinary member of international organizations and institutions acting in fields relating to its scope of activity, subject to the general provincial assembly decision.
   The special provincial administration may undertake activity and service projects in conjunction with such organizations and institutions.
   The activities to be performed under paragraph one and two must be conducted in accordance with the foreign policy and international agreements, and prior consent of the Ministry of Internal Affairs must be obtained.
   Tasks and supplementary payments of district administrators
   Article 63 — District administrators shall be obliged to fulfill the tasks of the special provincial administration assigned by the governor and answerable against the governor for such fulfillment. In consideration of the fulfilled tasks, district administrators shall be paid a monthly payment to be found by multiplying the indicator 12000 by the salary coefficient applied to Public servants.
   Provisions of paragraph (c) of Article 5 of the Law No. 4505 on Making Amendments to Certain Laws Concerning Social Security and on Payment of Representation Security as well as the Decree No. 631 on Making Amendments to Regulations on Financial and Social Rights of Public Servants and other Public Officers and Certain Laws and Decrees shall not apply to the disbursement of the payments specified in this Article and Article 28.
   Relations with other organizations
   Article 64 — For issues falling under the jurisdiction and scope of activity of the special provincial administration in accordance with the agreement to be made upon a decision of the general provincial assembly, the special provincial administration may:
   a) undertake, in return for a fee or free of charge, construction, maintenance, repair and transportation works of other public institutions and organizations or perform joint service projects with these organizations and carry out necessary fund transfers to this end. In such a case, the work shall be completed in accordance with the legislative provisions applicable to the organization undertaking the performance of the work.
   b) may meet the needs for buildings, facilities, plots of land and needs in kind, or employ vehicles and personnel temporarily, with a view to the fulfillment of principal duties and services of the central administration.
   c) may undertake joint service projects in cooperation with professional organizations, associations, foundations, serving as a public institution, and chamber of profession falling under the Law No. 507 on Tradesmen and Craftsmen.
   d) may allocate their own real properties to other public institutions and organizations so that they are used in their principal duties and services, provided that duration of such allocations does not last more than twenty five years. If such real properties are used out of their intended use, the allocation shall be cancelled. At the end of the allocation, reallocation on the same terms shall be possible. Such properties may be rented out to the same institutions.
   Real properties afforded or allocated by special provincial administrations in accordance with points (b) and (d) may not be used as a public residence and social facility.
   Voluntary participation in the services of the special provincial administration
   Article 65 — The special provincial administration shall implement programs intended for the participation of volunteers for the purpose of ensuring solidarity and participation in the provision of health, educational, sports, environmental, traffic and cultural services as well as services toward the elderly, the women and children, the disabled, the poor, etc. and increasing the effectiveness, savings and efficiency in such services.
   Qualification of volunteers and the rules and procedures applicable to their employment shall be laid down in a regulation to be issued by the Ministry of Internal Affairs.
   Communication
   Article 66 — The special provincial administration may communicate directly to public institutions and organizations.
   Disbursement of counseling fees
   Article 67 — Provisions of the Law No. 1389 on the Counseling Fees to
be Awarded to Attorneys-at-Law Representing the State Before the Courts dated 2.2.1929 shall apply to disbursement of counseling fees collected from the opposing party due to the cases and attachment prosecutions resulted in favor of the special provincial administration to the attorneys-at-law holding an office and the officers serving at the legal office
   Implementation of the revaluation rate
   Article 68 — The monetary amounts in this Act, except fees, attendance fees and bonus payments, shall be increased every year according to the revaluation rate to be specified in accordance with the Tax Procedures Law No. 213.
   Emergency planning
   Article 69 — The special provincial administration shall develop necessary disaster and emergency plans and prepare required teams and equipment in order to guard against fire, industrial accidents, earthquakes and other natural disasters or mitigate their effects, considering the characteristics of the province.
   During the development of emergency plans, coordination with other provincial emergency plans, if any, shall be ensured and relevant ministries, public institutions, professional organizations as well as universities and other local administrative bodies shall be consulted.
   After taking necessary measures toward the training of the people in line with plans, programs may be made in collaboration with the administrative bodies, institutions and organizations referred to in paragraph two.
   In the event of fires and natural disasters outside the province, the special provincial administration may provide aid and support to such regions.
                                                                         ./..

ACT ON FEE OF SANITATION FOR SHIPS
 
          Law No                  : 2548
          Adopted on      : 6/11/1981
          Published in the Official Gazette dated: 10/11/1981   Numbered: 17510
         
                                                                              *
                                                                            * *
             Scope:
             Article 1 – (Amended: 19/10/1983-2928/Art.1)
             This Law applies to ships navigating among Turkish ports, to ships navigating from foreign ports to Turkish ports, , to ships navigating from Turkish ports to foreign ports  or to ships navigating through the Turkish Straits under transit passage.
             Article 2 – (Repealed: 19/10/1983-2928/Art. 6)
            Sanitation fee
             Article 3 – (Amended: 19/10/1983-2928/Art. 2)
             The sanitation fee to be charged in Turkish ports, for each net ton of the ships falling under Article 1 , shall be subject to a tariff to be prepared by the Ministry of Health and Social Assistance in consultation with the ministries of Foreign Affairs and Finance and shall be put into effect at the beginning of every fiscal year.
   Such sanitation fee shall apply with a special discount to be specified in the same tariff to the ships with the right of coastal trading, private yachts calling at Turkish ports, tourist ships carrying tourists and not engaged in any other commercial activities and  ships conducting scientific research.
   Ships navigating among Turkish ports and ships departing from Turkish ports shall pay such sanitation fee in the port of first departure, and those coming from foreign countries shall pay the same in the first port of call.
   The sanitation fee to be collected from ships passing through the Straits shall be subject to the provisions of Montreaux Convention. 
             Exceptions:
             Article 4 – (Amended: 19/10/1983-2928/Art. 3)
   Sanitation fee shall not be charged to war ships,  ships making an official visit and the ships entering Turkish ports due to a force majeure and not conducting commercial activities as well as those ships weighing no more than fifty tons.
5396
 
   No additional sanitation fee shall be charged from ships navigating through the Turkish Straits under transit passage and those ships which are obliged to pay sanitation fee in accordance to the provisions of the Montreaux Convention, on calling to and departing from Turkish ports.   
             Ship sanitation certificate:
             Article 5 – The ships up to 250 tons operating among Turkish ports and enjoying cabotage rights shall be given an annual certificate of sanitation in return for the non-discounted sanitation fee amount. However, this amount may in no case be less than the amount to be paid by a ship of 100 tons.
             Prohibitions and penalties:
             Article 6 – The following activities are prohibited:
             a) Departing from ports without completing sanitation procedures.
             b) Failing to stay in front of sanitation centers or the places indicated by such centers for the sanitation procedures.
             c) (Amended: 19/10/1983-2928/Art. 4) For a ship coming from a foreign port, receiving any materials or loading and unloading passengers without obtaining a free pratique after the sanitation inspection at the port.
             d) Providing a false sanitary declaration.
             e) Failing to make a timely application to the relevant authorities for the purpose of receiving services for the fight against microbes, insects and mice, where necessary.
             f)The coming alongside a dock of a ship that comes from an epidemic port and whose sanitary examination has been complete but has not yet received a sanitation certificate or the failing of a ship which has received a sanitation certificate after a sanitary examination and admitted to come alongside a dock under certain conditions, to not live up to these conditions
             g) The calling at a port of an epidemic ship whose sanitary examination has been complete but which has not yet received a sanitation certificate or the hindering and causing obstructions in the way of the complete execution of sanitary precautions and the departure without the reception of a sanitation certificate, of an epidemic ship.
             h) Where necessary, failing to have in place a yellow quarantine flag on the foremast in the daytime and failing to  have a red flash light at the top and a white flash light at the bottom in the nighttime.
             (Amended: 19/10/1983-2928/Art. 4) Masters of ships in breach of the above prohibitions shall be charged with a monetary penalty equal to twenty five percent of the sanitation fee required to be paid by the ship. However, in determining the amount of the penalty, the discounts mentioned in paragraph two of Article 3 shall not be taken into consideration and the penalty may not be less than the sanitation fee required to be collected from a ship with a net weight of a thousand tons. The penalty may be contested before the Directorate General of Health for Borders and Coasts.
             Relevant budget :
             Article 7 – The sanitation fee, the amount of the annual sanitation certificate  and associated penalties provided for in this Law shall be recorded as revenue in the budget of the Directorate General of Health for Borders and Coasts.
             Regulation:
             Article 8 – (Amended : 19/10/1983-2928/Art. 5)
   Implementing rules and procedures for this Law shall be set out in a Regulation to be issued by the Ministry of Health and Social Assistance within six months following the entry into force of this Law and shall be published in the Official Gazette.             
5397
 
             Repealed provisions:
             Article 9 – Law No. 500 of 21/4/1340, Law No. 3057 of 31/7/1936, Law of 31/7/1936, and Law No. 5115 of 18/6/1947 shall be repealed.
             Provisional Article 1 – (It is the unnumbered provisional article of the Law No. 2548, and numbered for succession purposes)
   Until the regulation envisaged herein enters into force, those effective provisions of the General Regulation that are not inconsistent with this Law shall continue to be applicable.
                                                                       Entry into force:
             Article 10 – This Law shall enter into force on 1/1/1982.
             Enforcement:
             Article 11 – This Law shall be enforced by the Ministers of finance, Health and Social Assistance.
5398

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

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

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

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

-

(UZ) CODE FOR EXPLOSIVES AND DUBIUOS SUBSTANCES


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

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

SECTION ONE
The Purpose, Scope and Definitions

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

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




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

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

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

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



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

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

LAW ON THE PROTECTION OF LIFE AND PROPERTY AT SEA

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

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

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

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



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

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

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

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

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





SECTION TWO
Safety of Navigation at Sea

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

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

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

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

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

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

SECTION THREE
Life Saving at Sea

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

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

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

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

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

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

SECTION FOUR
Penal Provisions

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

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

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

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

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

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

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

SECTION FIVE
Miscellaneous Provisions

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

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

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

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

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

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






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

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


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

Law No                                                                                                                                  Articles with different effective dates      Effective date
-------------    --------------------------------------------       -------------
6763            ---             1/1/1957
2459            ---             8/5/1981
KHK/336            ---              5/8/1988

PRIME MINISTRY-UNDERSECRETARIAT FOR MARITIME AFFAIRS

LAW ON IMPROVEMENT OF MARITIME TRADE FLEET AND PROMOTION OF SHIP BUILDING FACILITIES

          Law No                   : 2581
          Adopted on         : 14/1/1982
          Published in the Official Gazette Dated 21/1/1982   Numbered: 17581
           Code of Publication        : Order: 5  Volume: 21  Page: 166

   Article 1 - Ships, which are either purchased from abroad as constructed or readymade and ships (including floating docks) built, modified or repaired in Turkey as well as machinery, equipment and fixtures used in the equipping and navigation of such ships as well as machinery, equipment and fixtures used in construction, modification, expansion and repairs of ship production facilities shall be exempt from customs duties and other taxes and levies (including stamp tax), provided that competent authorities agree thereto. (1)
             Repealed provisions:
             Article 2 – Law No. 3339 dated 21/3/1938 shall be repealed.
             Entry into force:
             Article 3 – This Law shall enter into force on the date of its publication.
             Enforcement:
             Article 4 – This Law shall be enforced by the Council of Ministers.












——————————
(1)    Any provisions for exemption from taxes, duties and levies charged during importation has been repealed by Article 1 of the Law No. 3283 dated 6/5/1986.

LAW ON THE FOOD ALLOWANCE FOR THE NAVY PERSONNEL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Provisional Article-1
Non-commissioned officers, who are still working in the warships and auxiliary ships, to be eliminated shall be paid the food allowance allocated for the sixth class and lower military civilian officers until the date they are eliminated.

THE ENVIRONMENT CODE

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

The Pollution Prohibition

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

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

Fines on Ships

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

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

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

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

Repeated Violations

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

Authority regarding Fines Administrative in Nature

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

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

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

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

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

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

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

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

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

Objections to Fines Administrative in Nature

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

An objection shall not block the execution of the penalty.

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

Fines imposed over objections shall be final.

Polluter's Responsibility

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

The polluter shall be required to pay compensation for the resulting damage according to the general provisions.

ACT ON THE PROCEDURES FOR APPOINTMENT IN MINISTRIES AND AFFILIATED ORGANIZATIONS

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

Schedule 1
Governors;
Embassies, Permanent Representatives, Permanent Delegates;
President of Religious Affairs and Members of the Higher Board of Religion;
Chairman and members of the Higher Board of Supervision;
Schedule 2
The Undersecretary and his/her assistants (including Secretary General for the Ministry of Foreign Affairs and his/her Assistants);
Director General and his/her Assistants (including Secretary General for Foreign Trade of Ministry of Trade and his/her Assistant, Director General of the Treasury, and Secretary General of the Organization for International Economic Cooperation and his/her Assistant, President and Vice-President of Civil Defense Administration of the Ministry of Internal Affairs),
Secretary General and of the State Planning Organization and Head of Departments, Planning Expert of the State Planning Organization,
- The Scientific and Technical Research Council of Turkey and its Secretary General,
- Chairman and Members of the Administrative Assembly of Directorate General for Foundations,
- President of State Statistics Institute,
- President of State Personnel Affairs
- Secretary General of Nuclear Energy Commission,
- Chairmen and Members of Boards in Ministries,
Ministry Inspectors (including Accounting Experts of Ministry of Finance and Certified Auditors of Banks) and Labor Inspectors of the Ministry of Labor and Social Security
- Ministry Consultants,
- First Legal Consultant,
- Heads of Departments within the Ministry,
- Branch Chiefs of Provincial Administrations,
- Regional Directors and Chief Directors,
Deputy Governor, District Governor, Provincial Director for Legal Affairs, President of the Police Academy, Provincial Director of Security Forces, (...)

THE CODE ON SEA LABOR


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

The Scope of the Code:

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

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

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

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

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

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

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

The provisions that are maintained:

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

The foreign seamen:

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

The contract in writing:

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

The form of the contract in writing:

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

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

The contracted executed for a certain period or voyage:

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

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

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

Extension of the period of the contract:

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

The exemption from levy and duty:

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

The probation period:

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

The work and identification card:

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

The work card:

Article 12 -

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

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

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

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

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

Recruiting disabled persons or former convicts:

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

Termination ad dissolution without notice:

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

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

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

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

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

The notice period for using the right of termination:

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

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

The notice for cancellation of the contract:

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

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

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

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

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

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

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

The commencement of the termination provision:

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

The notification of the termination:

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

The situation that does not cover the termination:

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

The severance pay:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The return of the foreign seaman:

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

The obligation to return the seaman within the native country:

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

Non-compliance with the obligation of returning:

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

The loss of the right of being returned:

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

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

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

Work time:

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

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

The exceptions:

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

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

Working extra hours:

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

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

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

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

The wage:

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

The payment period cannot exceed one month.

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

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

Advance payment:

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

The wage book:

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

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

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

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

The guarded part of the wage:

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

Food supply on behalf of the employer:

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

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

Providing quarters:

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

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

About the quarters and food supply:

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

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

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

Exception:

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

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

The minimum wage:

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

The wage deduction:

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

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

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

The deduction for the loss:

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

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

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

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

Annual paid vacation:

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

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

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

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

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

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

Day off in the week:

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

The payment for the day off of the week:

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

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

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

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

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

The general vacation payment:

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

The parts that are not included in the holiday payment:

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

Temporary unavailability for work:

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

The authorised courts entrusted with the duty:

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

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

The notices:

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

The reserved provisions:

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

The supervision and inspection:

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

The penalty provisions:

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

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

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

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

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

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

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

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

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

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

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

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

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

These lawsuits will be considered as urgent suits.

The codes that are no longer in effect:

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

The regulation:

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

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

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

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

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

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

Article 57 – The provisions of this Code will be executed by the Council of Ministers.

ACT ON GUIDELINES FOR RESPONSE TO EMERGENCIES AND COMPENSATION OF LOSSES IN CASE OF POLLUTION OF THE MARINE ENVIRONMENT FROM OIL AND OTHER HARMFUL SUBSTANCES


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

ACT ON RIGHT OF INFORMATION ACQUIREMENT
 
Act No   : 4982           
Adopted on    : 9.10.2003       

SECTION ONE
Purpose, Scope and Definitions
Purpose
Article 1.- The purpose of this Act is to lay down the guidelines and procedures for individuals to exercise their right of information acquirement in accordance with the principles of equality, neutrality and openness which are the fundamentals of democratic and transparent administration.
Scope
Article 2.- This Act is applicable to the activities of public institutions and organisations, and professional organisations which have the capacity of a public institution.
The provisions of the Act on Exercising of the Right of Petition No 3071 of 1.11.1984 are reserved.
Definitions
Article 3.- For the purposes of this Act;
a) 'Institution and organisation' shall mean all agencies and authorities mentioned in Article 2 of this Act and to which an application to acquire information covered by this Act can be made,
b) 'Applicant' shall mean real and legal persons who exercise their right of information acquirement under this Act by applying to institutions and organisations,
c) 'Information' shall mean all kinds of data covered by this Act which are in the records of the institutions and organisations,
d) 'Document' shall mean written, printed or reproduced dossiers, papers, books, journals, brochures, studies, letters, programmes, instructions, sketches, plans, films, photographs, tape and video cassettes, maps, all kinds of electronically recorded information, news and data carriers which are the property of the institutions and organisations and which are covered by this Act,
e) 'Access to information or document' shall mean, depending on the nature of the information or document requested, the delivering of a copy of the information or document in question to the applicant by the institutions and organisations; and in cases where provision of a copy is not possible, permitting the applicant to review the original information or document, take notes or see or hear the contents thereof,
f) 'Committee' shall mean the Evaluation Committee for Acquiring Information.

SECTION TWO
Right of information acquirement and Obligation to Provide Information

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

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

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

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

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

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

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

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

SECTION FOUR
Limits of the Right of information acquirement

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

SECTION FIVE
Miscellaneous and Final Provisions
Penal provisions
Article 29.- For the civil servants and other public officials who are found to be negligent, at fault and malicious in the implementation of this Act, the fact that the acts they committed require penal prosecution under the general provisions being reserved, the disciplinary actions stipulated in the legislation they are subject to are applied.
Information and documents accessed through this Act cannot be reproduced or used for commercial purposes.
Issuing of reports
Article 30.- The institutions and organisations shall issue a report of the preceding year, showing;
a) the number of applications to acquire information made to them,
b) the number of applications, affirmatively responded and provided access to information or documents,
c) the number of rejected applications and statistical information showing the breakdown of these,
d) the number of applications which confidential or secret information were extracted or such information was detached and then access to information or documents was provided,
e) the number of applicants who made an objection after rejection of the application and the results thereof,
and send these reports until the end of February every year to the Evaluation Committee for Acquiring Information. Affiliated, relevant and associated public institutions and organisations submit their reports through the relevant Ministry they are affiliated and associated to. The Committee send the overall report to be drawn up to the Turkish Grand National Assembly until the end of April every year together with the reports of the institutions and organisations in question. These reports are made public in the following two months by the Presidency of the Turkish Grand National Assembly.
Regulation
Article 31.- The regulation regarding the identification of the guidelines and procedures for the implementation of this Act shall be drawn up within six months following the publication of the Act by the Prime Ministry and put into force by the Council of Ministers.
Entry into Force
Article 32.- This Act shall enter into force six months after the date of its publication.
Enforcement
Article 33.- The Council of Ministers shall enforce the provisions of this Act.

Date: January 1998

Law No.4320 on the Protection of the Family

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

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

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

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

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

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

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

Corollary to the Clauses of the Law

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

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

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

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

Clause 4- The implementation of the law is the responsibility of the competent authority.

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

From Information and Communication Technologies Authority of Turkey, 2nd July 2009

BY-LAW ON NUMBER PORTABILITY

PART ONE

Purpose, Scope, Legal Basis and Definitions

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


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

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

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

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

PART FOUR
Obligations of the Operators

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

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

PART FIVE
Number Portability System

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

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

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

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

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

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

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

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

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

Execution
ARTICLE 35 – The provisions of this By-Law shall be executed by the Chairman of the Board.

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.

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.

Ordinance on Principles and Procedures for Determination of the Operators with Significant Market Power


PART ONE

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

   Scope
   Article 2 – (1) This Ordinance applies to the operators acting in telecommunications sector.

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

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

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

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

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


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

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

   e) Board: Telecommunications Board,

   f) Authority: Telecommunications Authority.

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

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

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

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

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

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


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

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

      
   Analysis of Competition Level

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

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

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

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

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

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

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


THIRD PART

Other Provisions

Basic obligations that may be imposed on to the operators

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

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


Differentiation of Obligations

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

Alteration and abrogation of obligations

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

Publication

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

Administrative Fines and Measures

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

Enforcement

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

Execution

Article 16- The provisions of this ordinance are executed by the President of the Telecommunications Board.

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

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.

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

Law on Provision of Universal Service and Amendments to Certain Laws

Law No. 5369
Date of Adoption: June 16, 2005

CHAPTER ONE
Purpose and Definitions
Purpose
ARTICLE 1.- The purpose of this Law is to lay down the rules and procedures to govern
the provision and implementation, and fulfillment in the electronic communications
sector, of the universal service which has the qualities of a public service, but is
financially challenging for operators to provide.
Definitions
ARTICLE 2.- For the purposes of this law,
'the Ministry' means the Ministry of Transport,
'the Authority' means the Telecommunication Authority,
'Electronic communications' means transmission, emission and reception through cable,
wireless, optical, electric, magnetic, electro magnetic, electro chemical, electro mechanic
and other transmission systems of all kinds of signs, symbols, voice and images and all
kinds of data which can be converted into electric signals,
'the universal service' means the electronic communications services, including access to
Internet, which is accessible to anyone within the territory of Republic of Turkey
regardless of the geographical position, and which is to be offered with a predefined level
of quality and minimum standards in return for reasonable prices affordable to anybody,
'the incumbent universal service provider' means the operator incumbent and authorized
to provide the services hereunder in accordance with the authorization and concession
agreements as well as licenses and general authorizations within the electronic
communications sector,
'net cost of the universal service' means the net cost difference between the situation
ensured by a given operator in order to fulfill the requirements of his obligation to
provide universal service and the situation in which such operator would be if it never
undertook the obligation,
'the operator' means a capital company providing electronic communications services
and/or operating electronic communications infrastructure under an authorization
agreement or a concession agreement concluded with, and/or a license or a general
authorization obtained from, the Authority,
CHAPTER TWO
Principles, Obligations and Service Types
Principles
ARTICLE 3.- Provision of the universal service and regulations to be made in this regards
shall consider the principles that:
a) Anybody living in the territory of Republic of Turkey, without any discrimination on the
basis of region and place of residence, shall avail himself/herself of the universal service.
b) The universal service may be fulfilled also with consideration to the gross domestic
product per capita and shall be offered at reasonable prices.
c) Measures as to pricing and feasibility of technology options shall be taken with a view
to ensuring that those with lower incomes, the disabled and the groups in need of social
assistance can also benefit the universal service.
d) The universal service shall be offered to predefined service quality standards.
e) Continuity is essential to the provision and access to the universal service.
The operator's obligation
ARTICLE 4.- Operators shall have the obligation to provide the universal service specified
herein. Concession and authorization agreements, or licenses and general authorizations
may not include provisions contrary to the principles set out in Article 3 above, under
whatever name.
Scope of the universal service
ARTICLE 5.- The universal service is inclusive of:
a) Fixed telephony services,
a) Payphone services,
c) Telephone directory services to be provided in the printed or electronic media,
d) Emergency calls services,
e) Basic Internet services,
f) Passenger transportation services for settlements to which maritime lines is the single
option of access as well as communications services as regards distress and safety at
sea.
The scope of the universal service may be redefined by the Council of Ministers upon a
proposal of the Ministry in consultation with the Authority and operators at certain
intervals not more than three years, with due consideration being paid to country's
social, cultural, economic and technologic conditions.
CHAPTER THREE
Universal Service Revenues and the Net Cost
Universal service revenues
ARTICLE 6. – a) The Authority shall declare to the Ministry 2 % of the authorization and
concession agreement as well as license and general authorization amount by the end of
the month following the date of authorization,
b) Operators other than GSM operators, and Turk Telekom, shall declare to the Ministry 1
% of their annual net sales proceeds by the end of April of the following year,
c) GSM operators shall declare to the Ministry 10 % of the share they are to pay the
Treasury within the month of payment,
d) The Authority shall declare to the Ministry 20 % of the administrative penalties it has
applied under the Wireless Law No. 2813 dated 5.4.1983 and the Telegram and
Telephone Law No. 406 dated 4.2.1924 by the end of the month following the month of
collection,
e) The Authority shall declare to the Ministry 20 % of the amount remaining after all
expenditure is met at the end of the fiscal year by the end of January every year.
This amount shall be transferred to the Ministry's Central Audit Office account within the
same period of time and entered in the budget under "Universal service revenues" title.
Contributions not paid within such period shall be pursued and collected in accordance
with the provisions of the Law No. 6183 on the Procedure for the Collection of Public
Receivables upon an application of the Ministry to be filed with the relevant tax office.
Collections by tax offices shall be remitted to the Ministry's Audit Office account by the
end of the ensuing month. Delay penalty shall be applied to outstanding contributions not
paid within such period in consideration of the time between the due date and the date of
payment, under Article 51 of the Law No. 6183.
The Council of Ministers shall be free to raise or lower the abovementioned percentages
by up to 20 %.
Every year, appropriations as much as the universal service revenues estimate shall be
appropriated to the Ministry budget to cover the net cost of the universal service incurred
due to operators' obligation to provide the universal service and to meet other spending
to be made under this Law. If the appropriation requirement for universal services is
more than such service revenues estimate, then the adequate appropriations to the
Ministry budget shall be envisaged. The appropriation made to this end shall exclusively
be used for the Ministry's fulfillment of its duties entrusted through this Law. Rules and
procedures to govern the collection of revenues and making of expenditure for the
universal service shall be set out in a regulation to be drafted jointly by the Ministry and
the Ministry of Finance.
Net cost of the universal service
ARTICLE 7. – Net cost of the universal service shall be calculated on the basis of the
difference between the net cost when the incumbent operator does not provide services
within the scope of universal services and when it provides such service as an incumbent
universal service provider. However, the calculation of the net cost of the universal
service shall also take into consideration the benefits to be obtained by operators due to
their incumbency to provide the universal service. This calculation to suggest the
additional cost load brought about by the obligation to universal service shall be
conducted on net costs.
CHAPTER FOUR
Provisional and Final Articles
ARTICLE 8. – The following item (l) shall be incorporated in Article 2 of the Law No. 3348
on the Organization and Duties of the Ministry of Transport dated 9.4.1987:
l) Formulating universal service policies under the applicable laws with due consideration
to the country's social, cultural, economic and technologic circumstances; taking
measures aimed at implementing the general policy of the Government; laying down the
rules to ensure the conduct of the universal service; monitoring their implementation;
and approving the calculations related to their net cost.
ARTICLE 9. – Following items shall be annexed to the Law No. 3348 to follow item (g) of
Article 13, and the former item (h) shall be changed as item (o).
h) Setting out, and monitoring the implementation of, rules to ensure the conduct of the
universal service to the legislative provisions pertinent to the provision of the universal
service; and ensuring that operators' net costs are met,
i) Selecting the incumbent universal service provider on the regional and national level
from among operators requesting to provide services coming under the scope of the
universal service,
j) Making payments to incumbent universal service providers,
k) Monitoring and auditing the incumbent operator to find the net cost of the universal
service and whether it is within the set out rules and procedures or causing the same to
be supervised by independent auditors, in which case expenses shall be met through
universal service revenues,
l) Prescribing rules and procedures to ensure that the people in need of social protection
such as those with lower incomes and the disabled benefit the universal service on the
basis of equality and impartiality and on affordable pricing terms.
m) Designating temporary incumbent universal service providers, where required, in
order that services are made available to high-cost areas including places distant to the
center and rural areas under the terms and conditions to be established,
n) Prescribing the method to be used for the calculation of net costs of operators
incumbent to provide the universal service,
ARTICLE 10. - Following item (n) shall be annexed to the Wireless Law No. 2813 dated
5.4.1983 to follow item (m) of Article 7, and the former item (n) shall be changed as
item (o):
n) Auditing the quality and standards of the universal service in accordance with the
applicable laws; laying down the rules and procedures in regulations to this effect; and
taking the appropriate measures,
ARTICLE 11. – The last sentence of paragraph eight of Article 1 of the Telegram and
Telephone Law No. 406 dated 4.2.1924, providing that "Turk Telekom shall be obliged to
provide the minimum services required in the authorization agreements", and the
definition of "Minimum service" included in the same article shall be taken out of the
article text; the word "Minimum" in item (d) of paragraph one of the Article 4 shall be
replaced by "universal"; item (a) of paragraph one of Article 29 shall be amended as
"cases where Turk Telekom or another operator has to meet the cost of some services,
which it is incumbent to provide, including the universal service, from the fees of other
services"; and the following provisional article shall be annexed to this Law.
Provisional Article 11. – From the readily available assets (including tangible assets) of
Turk Telecommunications, Inc., an amount up to maximum YTL 2.5 billion, exclusive of
YTL 350 million to remain with the Corporation as an amount in cash, excluding NATO
and TAFICS projects advance payments, and of YTL 600 million to be deposited with the
Internal Payments Office of the Undersecretariat of Treasury as a dividends advance
payment until January 16, 2006 upon a dividends distribution resolution to be taken in
the routine Plenary Session of 2005, which is to be deducted from the distributable
profits, shall be transferred to the account of the Internal Payments Office of the
Undersecretariat of Treasury by January 16, 2006 and be entered in chart (B) of the
budget as an income item. Part of this amount to be entered in the budget as an income
item, as foreseen in the Investment Program and the State-Owned Enterprises
Investment and Financing Program, shall be established in a Higher Board of Planning
decision, which amount is to be used by the Turkish State Railways Authority (TCDD) for
the construction of new railways, maintenance, repair or improvement of a number of
railway lines and supply of railway vehicles as well as investment projects and activities
regarding drinking water supply for villages and village roads.
However, if more than 51 % of the shares of the Turk Telecommunications, Inc. is
privatized and transferred prior to January 16, 2006, the provisions of the paragraph one
above regarding the transfer and income entries shall not be applied; and NATO and
TAFICS project advance payments, YTL 350 million to remain with the Corporation as an
amount in cash, and if YTL 600 million to be transferred to the Undersecretariat of
Treasury as a dividends advance payment until January 16, 2006 is not transferred, the
readily available assets apart from this amount shall be transferred, on the date of
assignment of shares, to a separate account to be opened by the Corporation before the
assignment of shares. The amount maintained with this account and any returns thereof
(with taxes payable in connection with such returns deducted) shall be transferred to the
account of the Internal Payments Office of the Undersecretariat of Treasury on January
16, 2006 and be entered in chart (B) of the budget as an income item. Part of this
amount to be entered in the budget as an income item, as foreseen in the Investment
Program and the State-Owned Enterprises Investment and Financing Program, to be
used for investment projects and activities set out in paragraph one above, shall be
established in a Higher Board of Planning decision.
If more than 51 % of the shares of the Turk Telecommunications, Inc. is privatized and
transferred after January 16, 2006, readily available assets of the Corporation exclusive
of YTL 350 million to remain with the Corporation as an amount in cash and NATO and
TAFICS project advance payments shall be transferred to the Internal Payments Office of
the Undersecretariat of Treasury on the date of assignment of shares and entered in
chart (B) of the budget as an income item. This amount to be transferred shall not be
used in the abovementioned investment projects and activities.
Furthermore, within one month of the entry into force of this article, an amount of YTL
100 million shall be transferred from Turk Telecommunications, Inc. to Turksat, Inc. as
the capital share of the Treasury, in consideration of the capital requirement arising from
Cable TV services transferred within the framework of Article 1 of the Law No. 5335
dated 21.4.2005.
Amounts to be transferred under this article (save dividends advance payment) shall,
first, be offset by legal contingency funds of Turk Telecommunications, Inc. set aside
from past years' profits, and then by the inflation correction profits. Transfers to be made
shall not be treated as profit distribution or decommissioning in view of Corporation Tax
Law and Income Tax Law practices. Transfers under this article shall in no way be made
a subject of discount in the determination of the Corporation Tax base and distributable
commercial profits, in either the period of transfer or the ensuing taxation periods.
Provisions for participation value drops, as may be observed in the value of the
participations included in financial assets line of the assets in Turk Telecommunications,
Inc.'s balance sheet, shall not be taken as expenditure in the calculation of the financial
and commercial profit. With no regard to the activity year, such amounts shall be
utilized, by deduction from, primarily, inflation correction profits, and they are not
sufficient, from capital reserves as such reserves are created or by way of reducing the
Corporation's capital without applying provisions of the Turkish Commercial Code.
After transfers under this article are effected, no financial liability may be imposed upon
the Corporation as regards such transactions.
Papers to be issued due to cash amounts transferred under this article and any
connected transactions shall be immune and exempt from any taxes, levies and charges.
Rules and procedures for the implementation of this article shall be jointly laid down by
the State Ministry to which the Undersecretariat of Treasury is attached and the Ministry
of Finance.
ARTICLE 12. – The staff positions in the annexed list (1) have been established, and
appended to the Ministry of Transport section of the list (I) annexed to the Decree No.
190 on General Staffing and Pertinent Procedures.
PROVISIONAL ARTICLE 1. – Regulatory provisions inconsistent with the principles laid
down in Article 3, which are included in the existing concession and authorization
agreements as well as licenses and general authorizations of the operators incumbent to
provide the universal service specified in this Law, shall be harmonized with this Law
within one year at the latest. Rules and procedures for the implementation of this article
shall be set out by the Authority.
PROVISIONAL ARTICLE 2. – Staff changes required in the year 2005 for the fulfillment of
the duties assigned to the Ministry of Transport under this Law shall be made in
accordance with the provisions of the said Decree, without applying the last paragraph of
Article 9 of the Decree No. 190 on General Staffing and Pertinent Procedures.
Entry into Force
ARTICLE 13. – This Law shall enter into force on the date of its publication.
Enforcement
ARTICLE 14.—Provisions of this Law shall be enforced by the Council of Ministers.

ELECTRONIC SIGNATURE LAW

Official Gazette no:25355
Published : 23/01/2004
Law  no: 5070

SECTION ONE
Purpose, Scope and Definitions
Purpose
Article 1 – The purpose of this Law is to define the principles for the legal and technical
aspects and application of electronic signatures.
Scope
Article 2 – This Law covers the legal status of electronic signatures, operations concerning
electronic signatures and the activities of Electronic Certificate Service Providers (ECSPs).
Definitions
Article 3 – The definitions and abbreviations used in this Regulation have the following
meanings:
a) Electronic Data: Information which are generated, transferred or stored in electronic,
optical or similar methods,
b) Electronic Signature: Data in electronic form that are attached to other electronic data or
linked logically to that electronic data and used for authentication,
c) Signature Owner: A natural person, who uses an electronic signature creation device in
order to generate electronic signatures,
d) Signature Creation Data: Unique data such as password and cryptographic keys
belonging to a signature owner and being used by the signature owner in order to create electronic
signatures,
e) Signature Creation Device: Software or hardware products using the signature creation
data in order to generate electronic signatures,
f) Signature Verification Data: Data such as passwords and cryptographic public keys used
for the verification of electronic signatures,
g) Signature Verification Device: Software or hardware products using the signature
verification data for verification of electronic signatures,
h) Time-Stamping: An record signed electronically by the ECSP for the purpose of
verification of the exact time of creation, alteration, sending, receiving and/or recording of an
electronic data,
i) Electronic Certificate: Electronic data binding the signature verification data of the
signature owner to identity data of that person,
j) Authority: Telecommunications Authority.

SECTION TWO
Secure Electronic Signature and Certification Services
PART ONE
Secure Electronic Signature, Secure Electronic Signature Creation and Verification Devices
Secure Electronic Signature
Article 4- A Secure Electronic Signature shall be a signature that;
a) is exclusively assigned to the Signature Owner,
b) is generated with the Secure Electronic Signature Creation Device which is kept under
the sole control of the signature owner,
c) enables the identification of the Signature Owner based on the Qualified Electronic
Certificate,
d) enables detection as to whether signed electronic data has or has not been altered or not
subsequent to the signature being applied.
Legal Effect and Area of Application of Secure Electronic Signature
Article 5- A secure electronic signature shall have the same legal effect as that of a
handwritten signature.
A secure electronic signature shall not be applicable to legal proceedings subject to a special
procedure or an official form pursuant to laws and warranty contracts.
Secure Electronic Signature Creation Devices
Article 6- Secure Electronic Signature Creation Devices are Signature Creation Devices
which ensure that;
a) Electronic Signature Creation Data produced by those devices are unique,
b) Electronic Signature Creation Data recorded in those devices cannot be derived in any
means and that their secrecy is assured,
c) Electronic Signature Creation Data recorded in those devices cannot be obtained or used
by third parties and that electronic signatures are protected against forgery,
d) The data to be signed cannot be altered by anyone except the signature owner and can be
seen by the signature owner before the generation of a signature.
Secure Electronic Signature Verification Device
Article 7- Secure Electronic Signature Verification Devices are Signature Verification
Devices which;
a) display without any alteration the data used for verification of the signature to the person
who makes verification,
b) manage the signature verification process in a reliable and accurate way, and display the
results of verification without any alteration to the person who makes verification,
c) ensure that signed data is displayed in reliable manner when necessary,
d) display without any alteration its results to the person who makes verification
establishing in a reliable manner the authenticity and validity of the electronic certificate used for the
verification of the signature,
e) display without any alteration the identity of the signature owner to the person who
makes verification,
f) ensure the detection of any alterations that effect the conditions relevant to the
verification of the signature.
PART TWO
Electronic Certificate Service Provider, Qualified Electronic Certificate and Foreign
Electronic Certificates
Electronic Certificate Service Provider
Article 8 – For the purposes of this act, Electronic Certificate Service Providers shall be
public entities or establishments or natural persons or private law legal entities that provide qualified
electronic certificates, time-stamping and other services related to qualified electronic signatures.
Electronic Certificate Service Providers shall commence its operations within a period of two months
from the date of notification.
Electronic certificate service providers shall show in detail in their notification that they
ensure the provisions related to;
a) Using secure products and systems,
b) Managing operations in a reliable way,
c) Taking all necessary measures in order to avoid certificates being copied or distorted.
If the Authority determines the incompleteness or infringement of any of the above terms,
the Authority shall grant a period of up to a month to the Electronic Certificate Service Provider in
order to remedy this incompleteness; during this period the Authority shall suspend the operations of
electronic certificate service provider. At the end of the period, in the event that the incompleteness is
not remedied, the operations of the electronic certificate service provider shall be terminated. An
objection may be raised against such decisions of the Authority pursuant to the provisions in
paragraph 2 of Article 19.
Should Electronic Certificate Service Providers fail to comply with the provisions
mentioned in this article during their operations, the provisions of above paragraph shall be applied.
Electronic Certificate Service Providers shall comply with such lower and upper fee limits
to be determined by the Authority.

Qualified Electronic Certificate
Article 9 – It is required that Qualified Electronic Certificates shall include the following;
a) an indication that the certificate is a "qualified electronic certificate",
b) the identity information of the Electronic Certificate Service Provider and the country in
which it is established,
c) the identity information by which the Signature Owner can be identified,
d) Signature-Verification Data which correspond to Signature-Creation Data,
e) the date of the beginning and the end of the validity period of the certificate,
f) serial number of the certificate,
g) the information regarding the authorization of the certificate holder if the holder acts on
behalf of another person,
h) when the certificate holder so requests, occupational and other personal information,
i) information related to conditions of the usage of the certificate and limits on the value of
transactions, when applicable,
j) the Secure Electronic Signature of the electronic certificate service provider that verifies
the information in the certificate.
Electronic Certificate Service Provider Liabilities
Article 10 – Electronic Certificate Service Providers shall be liable for;
a) Employing personnel qualified for the services provided,
b) Determining reliably, based on official documents, the identity of the person to whom a
Qualified Electronic Certificate is issued,
c) Determining reliably, based on official documents, any information relating to the
Qualified Electronic Certificate holder's authorization of acting on behalf of anyone, or any
occupational or other personal information which is to be contained in the certificate,
d) Providing confidentiality of operation in cases where the Electronic Certificate Service
Provider generates Signature Creation Data or the applicant generates it on the premises of the
Electronic Certificate Service Provider or provide confidentiality of process when the signature
creation data are generated by tools provided by the Electronic Certificate Service Provider,
e) Informing the applicant in writing, before delivering the certificate to them, that a
qualified electronic signature has the same legal effect in transactions as a handwritten signature
unless otherwise specified by laws, and about the limitations concerning the use of certificates and
dispute resolution procedures,
f) Warning and informing the certificate holder in written form to not allow third parties to
use Signature Creation Data associated with Signature Verification Data in the certificate,
g) Keeping all records regarding the services provided for the period determined in
ordinance,
h) Informing the electronic certificate holder and the Authority at least 3 months prior to the
termination of operations.
Electronic Certificate Service Providers shall not store or keep a copy of generated
signature creation data.
Revocation of Qualified Electronic Certificates
Article 11 –Electronic Certificate Service Providers shall immediately revoke the qualified
electronic certificates upon;
a) the request of the certificate holder,
b) the detection of any forgery or falsification of the information existing in the database or
changes in such information,
c) the detection of the disability to act, bankruptcy or legally accepted disappearance or
death of the certificate holder.
Electronic Certificate Service Providers shall create a record including the date and time
when a certificate was revoked and which can be determined precisely and available by third parties
in a secure and prompt way.
Electronic Certificate Service Providers shall immediately revoke all qualified certificates
they have issued in the case of terminating their operations and in case the usage of certificates can
not be available by any operating electronic certificate service provider.
In the event that the Authority terminates the operations of electronic certificate service
provider, the Authority shall decide to transfer the qualified electronic certificates generated by the
regarding electronic certificate service provider to another electronic certificate service provider and
shall notify it to relevant parties.
Electronic Certificate Service Providers shall not retroactively revoke qualified electronic
certificates.
Protection of Personal Data
Article 12 – Electronic Certificate Service Providers;
a) shall not request any information from the applicant except that necessary to issue an
electronic certificate and shall not acquire such information without the consent of the applicant,
b) shall not keep the certificates available in public places where third parties may have
access without the consent of the electronic certificate holder,
c) shall prevent third parties from obtaining the personal data without the written consent of
the applicant. Electronic Certificate Service Providers shall not pass the related information to third
parties and use such information for any other purposes without the consent of the certificate holder.
Legal Liability
Article 13- Liabilities of Electronic Certificate Service Providers towards certificate holders
shall be subject to general provisions of Turkish law.
Electronic Certificate Service Providers shall be liable for compensation for damages
suffered by third parties as a result of infringing the provisions of this Law or the ordinances
published in accordance with this Law. Liability of compensation shall not occur if the Electronic
Certificate Service Provider proves the absence of negligence.
Electronic Certificate Service Providers shall be liable for damages arising from
infringements made by their employees. Electronic Certificate Service Providers shall not be relieved
of this liability by submitting any proof of evidence as described in Article 55 of the Turkish Code of
Obligations.
Any requirements limiting or removing the liability of Electronic Certificate Service
Provider against certificate holders and third parties are invalid, excluding the stated limitations of
the usage and value of the Qualified Electronic Certificates.
Electronic Certificate Service Providers must take out "certificate financial liability
insurance" in order to cover the damages incurred upon the failure in fulfilling the liabilities required
by this Law. Principles and procedures of this Regulation are determined by the ordinance prepared
by the Authority taking advice of the Undersecretary of the Treasury.
Certificate financial liability insurance foreseen in this article is provided by insurance
companies authorized in this branch. These insurance companies shall be liable for providing
certificate financial liability insurance. The insurance companies that infringe regarding liabilities
may be fined up to eight billion TRL by the Undersecretary of the Treasury. The provisions of
Article 18 address procedures for the collection of and appeals against this fine.
Electronic Certificate Service Providers shall be obliged to deliver electronic certificates to
the signature owners after taking out certificate insurance.
Foreign Electronic Certificates
Article 14 –The legal effects of electronic certificates issued by any Electronic Certificate
Service Provider established in a foreign country shall be recognized under international agreements.
In case that electronic certificates issued by any Electronic Certificate Service Provider
established in a foreign country are recognized by an Electronic Certificate Service Provider
established in Turkey, such electronic certificates are deemed to be Qualified Electronic Certificates.
The Electronic Certificate Service Provider established in Turkey shall be liable for any damages
arising from use of those electronic certificates.
SECTION THREE
Inspection and Penalty Provisions
Inspection
Article 15 – The inspection of Electronic Certificate Service Providers' operations and
transactions regarding the implementation of this Law shall be fulfilled by the Authority.
The Authority, as it considers necessary, may inspect Electronic Certificate Service
Providers. During inspection, Electronic Certificate Service Providers and relevant individuals shall
present all notebooks, documents and records and provide samples, written and oral information to
the Authority's inspectors, permit the inspectors to enter their premises and enable them to access
their accounts and transactions.

Use of Signature Creation Data without Consent
Article 16 – A person who obtains, delivers, copies or recreates the signature creation
device or data in order to create electronic signatures without the consent of the certificate holder
shall be sentenced from 1 year to 3 years and fined a minimum of 500 million TRL (Turkish Lira).
In the case where crimes mentioned in the above paragraph are committed by the employees
of an Electronic Certificate Service Provider, these penalties shall be scaled up by 50 percent.
Any damages arising from the crimes mentioned in this article shall be compensated
separately.
Forgery in Electronic Certificates
Article 17 – A person who partly or fully generates electronic certificates, or falsify or
copies electronic certificates generated as in valid, generates electronic certificates without
authorisation or knowingly uses such electronic certificates shall be sentenced from 2 years to 5 years
and fined a minimum of one billion TRL (Turkish Lira), even if their deeds become another crime.
If the crimes mentioned above are committed by the employees of an Electronic Certificate
Service Provider, these penalties shall be scaled up by 50 percent.
Any damages arising from the crimes mentioned in this article shall be compensated
separately.
Administrative Fines
Article 18 – Within this law:
a) An electronic certificate service provider who breaches Article 10 shall be fined 10
billion TRL,
b) An electronic certificate service provider who breaches Article 11 shall be fined 8 billion
TRL,
c) A person who breaches Article 12 shall be fined 10 billion TRL,
d) An electronic certificate service provider who breaches the paragraph 5 and paragraph 7
of Article 13 shall be fined for 8 billion TRL,
e) An Electronic Certificate Service Provider who breaches Article 15 shall be fined 20
billion TRL
The administrative fines in this Law are determined by the Authority. Decisions about fines
shall be notified to the persons concerned pursuant to The Notification Law number 7201. Any
appeals against these decisions may be made to the competent administrative court within a period of
7 working days starting from the date of notification. An appeal shall not nullify the fulfilment of the
decision. An appeal shall not nullify the fulfilment of the decision regarding the closure. An appeal,
when it is not necessary, shall be concluded by making analysis over the documents as soon as
possible. It is possible to apply to the Regional Administrative Court against the decisions that are
taken regarding the appeal. The decisions of the Regional Administrative Court will be the final
decree. The administrative fines imposed pursuant to this Law by the Authority shall be collected by
the Ministry of Finance pursuant to the provisions of the Law about Procedures Collecting Public
Receivables.

Repetition of Administrative Crimes and Closure
Article 19 – If any crimes described in Article 18 of this Law are repeated within a period
of 3 years from the date of the first instance, administrative fines are doubled, and in should the same
crime be committed for a third time, the Authority may decide to close Electronic Certificate Service
Provider concerned.
Any decision regarding closure shall be notified to relevant individuals pursuant to
Notification Law No. 7201. Any appeal against such a decision may be made to the competent
administrative court within a period of 7 working days from the date of notification. An appeal shall
not nullify the fulfilment of the decision. An appeal shall not nullify the fulfilment of the decision
regarding the closure. An appeal, when it is not necessary, shall be concluded by making analysis
over the documents as soon as possible. It may be applied to the Regional Administrative Court
against the decisions that are taken regarding the objection. The decisions of the Regional
Administrative Court will be the final decree.
SECTION FOUR
Miscellaneous Provisions
Ordinance
Article 20 – The procedures and the rules pertaining to the implementation of the Articles
6, 7, 8, 10, 11 and 14 of this Law shall be described in the ordinances to be published by the
Authority within the period of six months from the execution date of this Law with the collaboration
of all interested parties.
Exemptions about Public Entities and Establishments
Article 21 – The public entities and establishments providing certification services are
exempted from the forth and the fifth paragraphs of Article 8, 15 and 19 of this Law.
Article 22 - The following sentence has been added to the first paragraph of Article 14 of
the Turkish Code of Obligations dated 22.04.1926 No. 818:
"Secure electronic signature has the same effect as a handwritten signature"
Article 23 - The following 295/A article has been added to Article 295 of the Turkish Code
of Civil Procedure dated 19.6.1927 No. 1086:
"Article 295/A – Electronic data that are generated with secure electronic signatures in
accordance with procedures are equivalent to bill. These data are accepted positive evidence until the
contrary is proved.
Should any party deny the data generated by secure electronic signatures and alleged
against him, Article 308 of this Law shall be imposed through comparison."
Article 24 - The following Subclause (m) has been added to the first paragraph of Article 7
of the Turkish Radio Law dated 5.4.1983 No.2813 and therefore existing subclause (m) of the current
Law has been succeeded as subclause (n):
"m) undertaking the duties assigned by the Electronic Signatures Law"
Entry into Force
Unofficial Translation of Turkish Electronic Signature Ordinance by Telecommunications Authority
Important Notice: In case of divergent interpretation, the original Turkish text shall prevail.
Article 25 – This Law shall enter into force six months after the date of its publication.
Execution
Article 26 - The provisions of this Law are executed by the Council of Ministers.

REGULATION ON THE PROCEDURES AND PRINCIPLES WITH REGARD TO THE INSPECTION ACTIVITIES OF THE TELECOMMUNICATIONS AUTHORITY

Official Gazette date: 30/03/2007
Official Gazette number: 26478


CHAPTER ONE
Purpose and Scope, Legal Basis, Definitions and Principles

Purpose and scope
Article 1 – (1) The purpose of this regulation is to determine the procedures and principles with regard to the inspection activities of the Telecommunications Authority.
(2) This regulation comprises the duties and responsibilities of relevant  units and the inspector as well as the obligations of the party subject to inspection.

Legal basis
Article 2 – (1) This regulation is prepared on the basis of the Law on Telegraph and Telephone dated 4/2/1924 and numbered 406 and the Law on Radio dated 5/4/1983 and numbered 2813.

Definitions
Article 3 – The terms used in this regulation shall convey the following meanings.
a)Inspector: Person/persons tasked with inspection the natural persons or legal entities that are subject to the inspection of the authority in accordance with the provisions of relevant legislation.
b)Inspection: The sum of activities comprised of the examination, preliminary search and/or investigation processes for the purposes of determining the compliance of the activities and practices of the inspected party with the provisions of the relevant legislation.
c)Inspection coordination unit: The main service unit of the authority supervised by the Vice President of Authority and designated by the Board for the purposes of conducting the coordination activities related to the inspection activities of the authority,
d)The party subject to inspection: Natural persons or legal entities including the Electronic Certificate Service Providers, which are subject to the inspection of the authority.
e)Relevant unit: Main service units and regional directorates of the Authority, which are directly related to inspection.
f)Board: Telecommunications Board.
g)Director of the Board: Director of the Telecommunications Board.
h)Authority: Telecommunications Authority.
i)Proposal: Preparatory process constituting the basis for the Board to take decisions.
           
Principles of inspection
Article 4 – (1) Following principles shall be taken into consideration in order to carry out an effective inspection.
a)To treat with fair and indiscrimination during the inspection activities,
b)To ensure the confidentiality of information and documents obtained during the inspection activities, to avoid disclosure of such information and documents except to the bodies authorized by law and to avoid exploitation for personal uses.
c)To be impartial in the course of inspection, evaluation of results and drafting of the inspection report.
d)To prevent any intervention from inside or outside the Authority, which may influence honesty and impartiality,
e)To treat with care and attention at every stage of the inspection activity,
f)To comply with the generally accepted principles of inspection besides those regulated with this regulation.
         

CHAPTER TWO
Rights and Obligations

Obligations of the party subject to inspection
Article 5 – (1) The party subject to inspection shall be obliged:
a)To provide a suitable and convenient working environment and to provide comfort for the inspector,
b) To ensure the timely provision of any requested administrative, financial and technical information and document in written or verbal form without alleging the provisions of confidentiality,
c)To provide the inspector with access to management facilities, buildings, attachments, systems, devices, software and hardware,
d)To provide the infrastructure necessary for the inspection and to keep such infrastructure operable,
e)To remove the defects determined at the end of the inspection within the time limits determined by the Authority.
 
Powers of the inspector
Article 6 – (1) When required to do so, the inspector shall be empowered;
a)To request, examine and take the original copy and/or copies of any kind of document and record including the electronic data,
b)To enter into and carry out inspections in management facilities, buildings and their attachments,
c)To demand verbal and/or written information with regard to the inspection and to draft relevant reports,
d)To request the assistance of governmental bodies and security forces as well as other public institutions and organizations,
e)To take views and opinions from the internal units of the Authority, public institutions and organizations as well as natural persons or legal entities with regard to the inspection.
       
Obligations of the inspector
Article 7 – (1) The inspector shall be obliged;
a)Before starting the inspection, to introduce him/herself to the inspected party with an assignment letter and/or identity document proving that he/she is authorized to conduct such inspection on behalf of the authority,
b)To maintain the books, documents and samples received and if necessary, to return them at the end of the inspection,
c)To avoid drawbacks, additions or amendments on such books, documents and records except those signs required for inspection purposes,
d)To avoid attitudes and behaviors in the place of inspection, which may have harmful affects on the principles of esteem and trust required for his/her duty and responsibility,
e)To avoid borrowing from and/or lending to the inspected party and to avoid unfair benefit regardless of whatever the purpose is,
f)To avoid disclosing the confidential information and commercial secrets obtained during the inspection to anyone except to those legally authorized and to avoid using such confidential information and secrets indirectly for personal benefits or for the benefit of third parties,
g)To inform the relevant unit immediately before finalizing the inspection if he/she determines any matter during the inspection that are so crucial as to have negative impact on the ongoing market activities,
h)To avoid interfering with the management and executive activities of the party being inspected.
               
Obligations of relevant units in respect of the inspection
Article 8 – (1) The relevant unit shall be obliged to draft annual inspection plans and submit proposals with regard to the inspection activities falling into the scope of its duties and responsibilities, to assign inspectors, to make the necessary coordination, to complete the approval procedures for the decisions and reports of the inspector and to implement the consequential sanctions and measures.

Inspection coordination unit
Article 9 – (1) One of the main service units of the authority shall be assigned as the inspection coordination unit that is supervised by the Vice President of Authority and designated by the Board for the purposes of conducting the coordination activities related to the inspection activities of the Athority.

CHAPTER THREE
Procedures and principles of the inspection

Inspection process
Article 10 – (1) Inspection process is comprised of examination, preliminary search and/or investigation stages.
(2) The Authority may conduct inspection automatically or upon any information or complaint it receives or may have other bodies to inspection unless otherwise stipulated by the legislation concerned.
(3) The relevant unit may not process those information or complaints that do not bear any address, name or signature.
(4) Inspection activities shall be carried out by the personnel appointed by the relevant unit and when necessary, other personnel of the authority out of the relevant unit may be appointed with the approval of the President of Authority.
(5) The inspector shall inform, during any stage of the inspection, the relevant unit about the matters that do not fall into the scope of his/her duty and that may contradict with the legislation.
(6) Correspondence to be made by the inspector shall be made through the relevant unit.



Examination
Article 11 – (1) The inspector shall make examination on files or on site in order to determine whether the activities subject to inspection are in compliance with the relevant legislation and shall, if necessary, draft an analysis report.
(2) In case that the activities of the inspected party are found out, at the end of the inspection, to be contradictory with the provisions of the relevant legislation which do not require preliminary search and/or investigation, the supervisor of the relevant unit and the relevant Vice President of the Authority shall submit to the Board the examination file together with their opinions, if any. However, the conditions requiring the implementation of administrative sanctions and measures without the decision of the Board are reserved in the relevant legislation.
(3) Upon examining the files, the Board shall give its decision in accordance with the provisions of the relevant legislation.

Preliminary search
Article 12 – (1) The Board may decide automatically, upon the request of the relevant unit, complaint or notification, that a preliminary search should be made as to whether it is necessary to commence a direct investigation or investigation about the party inspected.
(2) In case that a preliminary search is decided, the Board shall task the relevant unit to carry out the required preliminary search.
(3) The inspector appointed by the relevant unit shall draft a preliminary search report within two months as of the date of his appointment. Supervisor of the relevant unit and the relevant Vice President of the Authority shall submit to the Board the preliminary search report together with their opinions, if any. Upon the request of the inspector, the Board may, only once, give thirty-day additional time. 
(4)  President of  Board shall give priority to the preliminary search report in the agenda and the Board shall decide within ten days as of the delivery date of the report about whether an investigation shall commence or not.

Investigation
Article 13 – In case that the Board decides on the commencement of an investigation at the end of the preliminary search report or directly, then it shall task the relevant unit for investigation purposes. The inspector appointed by the relevant unit shall notify the inspected party of such decision of the Board within a week as of his/her appointment. The inspector shall complete the investigation report not later than three months as of his/her appointment. The Board may give additional three months upon the request of the inspector.
(2) If a contradiction with the provisions of relevant legislation is identified in the investigation report, a copy of the report shall be notified to the inspected party under investigation within a week and shall be provided with additional three months for written defense. Any defense not submitted on time shall be disregarded. With regard to the written defense of the inspected party under investigation notified to the authority within the relevant time limit, the inspector tasked with investigation shall draft his/her additional views and opinions within fifteen days.
(3) The supervisor of the relevant unit and the relevant Vice President of the Athority shall submit to the Board the investigation report and investigation file comprised of written defense of the concerning party and additional views of the inspector together with their opinions, if any.
(4) President of the Board shall give priority to the investigation file in the Board's agenda. Upon examining the investigation report, the Board shall give its decision in accordance with the provisions of the legislation concerned.

Notification and announcement of the Board's decision
Article 14 – (1) Each page of the Board's decision shall be signed by the President and members of the Board. The members opposing the decision shall submit their opposing views and reasons thereof no later than fifteen days as of the decision date and sign the relevant report. An approved copy of the decision shall be notified to the inspected party under investigation.
(2) Decisions to be announced in public deemed necessary by the Board shall be announced on the web site of the Authority as not to disclose the commercial secrets of the party concerned.

CHAPTER FOUR
Miscellaneous and Final Provisions

Implementation of administrative sanctions and measures
Article 15 – (1) In case that the party inspected does not fulfill its obligations under this regulation or the activities of the inspected party are found out, at the end of the inspection, to be contradictory with the provisions of the relevant legislation, then the sanctions and measures stipulated by the provisions of the relevant legislation shall be implemented by the relevant units.

Lodging an application to judicial and administrative bodies
Article 16 – In case that the information or document obtained at any stage of the inspection are determined to be contradictory with the provisions of the relevant legislation, a decision may be taken toward lodging an application to any judicial and administrative body including lawsuits. Such decisions shall be notified to relevant authorities immediately.

Directive
Article 17 – (1) A directive shall be issued by the Authority in order to identify the procedures and principles of guiding the relevant units as well as the inspector, preparing, implementing and reporting the inspection plans as well as the working procedures and principles of Inspection Coordination Unit.

Entry into force
Article 18 – (1) This regulation shall enter into force on the date of its publication.

Execution
Article 19 – (1) President of the Telecommunications Board shall execute the provisions of this regulation.