Turkish Law

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.

From Information and Communication Technologies Authority:


BY-LAW ON SPECTRUM MANAGEMENT
Published: Official Gazette of  02 July 2009 and numbered 27276.



CHAPTER ONE
Purpose, Scope, Legal Basis, and Definitions

Purpose
Article 1- (1) The purpose of this by-law is to regulate the procedures and principles of management, allocation, assignment, national and international coordination and registration of frequencies assigned and withdrawal of the frequencies assigned and re-assignment if necessary for the efficient and effective usage of frequencies.

Scope
Article 2- (1) This by-law shall cover, provided that the provisions of the relevant law regarding radio and television broadcasts are reserved, basic fundamentals and principles within spectrum management, procedures and principles regarding preparation of National Frequency Plan, assignment and national and international coordination and registration of frequencies, withdrawal of the frequencies assigned and re-assignment.

Legal Basis
Article 3- The present Regulation is prepared under the Clause (g) of first paragraph of Article 6 and second paragraph of Article 40 of Electronic Communications Law no. 5809 dated 5/11/2008.

Definitions
Article 4- (1) The terms in the present Regulation have the following meanings:
a) EU: European Union,
b) Channel bandwidth: Defined frequency band which also includes the guard band for the applications in adjacent bands or communication channel capacity,
c) CEPT: European Conference of Postal and Telecommunications Administrations,
ç) Allotment (Detailed frequency plan): Entry of a designated frequency channel in the National Frequency Plan for use by administrations for a terrestrial or space radiocommunication service countrywide or in specified geographical areas and under specified conditions in accordance with frequency allocation plan,
d) Electronic communications: The transmission, exchange and reception of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems,
e) Electronic communications infrastructure: All kinds of network components, relevant facilities and the supplementary elements including switching equipments, hardware and software, terminals and lines; over or by which the electronic communications is provided,
f) Electronic communications network: Access and transmission systems network, by which the publicly available electronic communications services are provided, including switching equipments and transmission infrastructure which enable electronic communications between specific points,
g) Interference: All kinds of broadcasting or electromagnetic effect which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation,
ğ) Frequency range: The frequency separation between two frequencies or the frequency separation, to which a radio equipment could be adjusted,
h) Frequency band: The frequency bands defined in frequency plans,
   ı) Assignment: Authorization given by the Authority for a radio station to use a radio frequency or radio frequency channels and transmission power for a specified transmission duration under specified conditions in accordance with frequency allotment,
   i) Allocation (General frequency plan): Entry in the National Frequency Plan of a given frequency band for the purpose of its use by one or more terrestrial or space radiocommunication services or the radio astronomy service under specified conditions in accordance with the frequency plans prepared according to the frequency regions defined worldwide by ITU,
j) GHz: Giga Hertz,
k) Hz: Hertz,
l) ICAO: International Civil Aviation Organization,
m) IMO: International Maritime Organization,
n)  ITU: International Telecommunication Union,
o) 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,
ö) Permissible Interference: Electromagnetic interference predicted or permitted that could occur when radio systems compatible with technical regulations and assignment restrictions are used,
p) 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,
r) Channel spacing: The space between the central frequencies of adjacent channels,
s) kHz: Kilo Hertz,
ş) Law: Electronic Communications Law no. 5809 dated 5/11/2009,
t) User: Any natural person or legal entity that uses electronic communications services disregarding whether he is a subscriber or not,
u) Board: Information and Communication Technologies Board,
ü) Authority: Information and Communication Technologies Authority,
v) MHz: Mega Hertz,
y) Radio and television broadcasting: Transmission of image and/or voice services via a terrestrial antenna, cable, satellite or other forms in coded or not coded form, aimed for reception by the public except from individual communication,
z) Spectrum: The frequency range of electromagnetic waves which are utilized for electronic communications and whose frequency varies between 9 kHz-3000 GHz and in case of international regulations which also includes frequencies over 3000 GHz,
aa) Permission for installation and use of radio: The permission issued by the Authority for radio equipment and systems to be installed and used under the scope of the Law,
bb) Radio: Systems which do not have any physical linkage in between and which are utilized for transmitting and receiving or solely transmitting or receiving coded, uncoded or cryptographic sounds and images via electromagnetic waves,
cc) Radio license: The license issued by the Authority for radio equipments and systems to be installed and used under the scope of the Law,
dd) National registration: The entry of the assigned frequencies to the Authority's database following the notification of the beginning of the usage by the user ,
ee) International registration: The entry of the frequencies assigned to the database of the international administrations' to which the Authority is a representative,
ff) Authorization: The registration of entities providing electronic communications services and/or electronic communications network by of the Authority or pursuant to such registration, granting of special, certain rights and obligations specific to electronic communications services to these entities,
gg) Harmful electromagnetic interference: Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service in terms of their operations.




CHAPTER TWO
Basic Fundamentals and Principles in Spectrum Management


Basic Fundamentals and Principles
Article 5 – (1) The Authority, in spectrum management, considers;
a) Providing efficient competition and ensuring non-discrimination among operators in electronic communications sector, providing transparency, effective and efficient usage of spectrum, preventing radio broadcasts from constituting electromagnetic interference on each other,
b) The strategies and policies set by the Ministry of Transport as well as the current and future needs of our country,
c) The decisions of the international and regional organizations such as ITU, IMO, ICAO and CEPT, in electronic communications sector, bilateral and multilateral agreements and EU legislation,
ç) Implementation of technological innovations and promoting research and development activities and investments,
d) Giving priority to national security and public order requirements and emergency situations such as natural disasters and extraordinary situations. 
e) Preventing or minimizing the effects of harmful electromagnetic interference that may occur in the borders on the neighbouring countries when making frequency allocation and assignment and providing efficient and effective use of spectrum mutually.











CHAPTER THREE
Preparation and Updating of National Frequency Plan, Frequency Assignment, Registration, Change, Coordination, Withdrawal of Frequencies Assigned and Cancelation


Preparation and Updating of National Frequency Plan
Article 6 – (1) Frequency band allocated for electronic communication is from 9 kHz to 3000 GHz. In case of international regulation, frequency bands over 3000GHz could also be used for electronic communication.
(2) In the National Frequency Plan, frequency band is divided into nine sub-bands as indicated in Table 1. Units of the frequencies in the interval of:
a) 3-3000 kHz is indicated as kHz
b) 3-3000 MHz is indicated as MHz
c) 3-3000 GHz is indicated as GHz.


Table-1: Frequency Sub-bands
Band No
Symbol / Explanation
Frequency Band (lower limit excluded, higher limit included)
4
VLF (Very low frequency)
3 – 30 kHz
5
LF (Low Frequency)
30 – 300 kHz
6
MF (Middle Frequency)
300 – 3000 kHz
7
HF (High Frequency)
3 – 30 MHz
8
VHF (Very High Frequency)
30 – 300 MHz
9
UHF (Ultra High Frequency)
300 – 3000 MHz
10
SHF (Super High Frequency)
3 – 30 GHz
11
EHF (Extra High Frequency)
30 – 300 GHz
12

300 – 3 000 GHz

(3) The National Frequency Plan is prepared under the fundamental basis and principles expressed in Article 5. National Frequency Plan consists of general and detailed frequency plan, frequency interval for projected systems, output power, authorization procedure, reference information and remarks. Technical terms and abbreviations used in spectrum management and in the National Frequency Plan concerning the wireless applications, wireless stations and systems, application terms, common usage of frequency and space applications are published with the National Frequency Plan.
(4) In the National Frequency Plan, frequency bands which will be assigned to Turkish Armed Forces and bands which will be assigned to Radio and Television Supreme Council for broadcasters are indicated separately.
(5) Terms and conditions regarding the National Frequency Plan and its implementations are announced via official web site of the Authority. In case of necessity, the announcement may be done via web sites of international and regional organizations of which Turkey is a member, such as ITU and CEPT.

Frequency Assignment
Article 7- (1) Those that are willing to install and operate radio equipments or systems must have their frequency assignment and registration procedures approved by the Authority. However, for the frequencies which are indicated in the regulations of the Authority and that can be used without any permission of radio system installation and usage and without any radio licence, frequency assignment is not done. The radio equipments and systems to be used without a need for permission for installation and use and radio license, are used so as not to cause any electromagnetic interference on the radio equipments and systems of operators or users that are given authorisation by the Authority and the users of such equipments and systems must accept the electromagnetic interference caused by the radio systems using the assigned and registered frequencies.
(2) Turkish Armed Forces including the needs of General Command of Gendarmerie and Coast Guard Command, Undersecretariat of the National Intelligence Organization, Ministry of Foreign Affairs, and Security General Directorate shall be given priority in frequency assignment as well as the emergency situations thereof.
(3) Turkish Armed Forces and Radio and Television Supreme Board make and implement frequency planning in frequency bands allocated thereto, within the framework of the National Frequency Plan.
(4) The channel plan in frequency assignments is made considering the decisions of international organizations such as ITU, IMO, ICAO, EU and CEPT.
(5) The frequencies are assigned to the operators that are subject to authorization for not much than the duration stated in certificate of competency of the right of use.
(6) For the users of radio systems that are not subject to authorization, assignment of frequencies is done for maximum of five years, and if necessary, this is done with the grant of the radio system installation and usage permission on the basis of common usage basis. The duration of use of the frequencies assigned is equal to the duration of the permission of system installation and use. At the end of the duration of permission, the demands(s) of the users of the radio systems are evaluated and their duration for use could be extended according to the result of evaluations.
(7) The frequencies that will be assigned for all kinds of maritime and aerial band radio communications systems and navigation safety communications systems, whose installation, having third parties to construct and issuing permission for usage and registration procedures are carried out by Directorate General of Coastal Safety, are determined by the Authority.
( In frequency assignments, in order to meet the need of radio communication sufficiently, restrictive measures can be taken on the number of frequencies to be assigned. Additionally, for the frequencies assigned, necessary limitations can be put on the technical parameters such as the location of the usage of the system, transmission power, antenna type, antenna direction and antenna height by the Authority.
(9) The Authority shall take the necessary measures in order to ensure that the frequencies assigned to the operators within the framework of authorisation regime are not affected by any harmful electromagnetic interference. 

Frequency Registration
Article 8 - (1) Those that are willing to install and operate radio equipments or systems must have their frequency registration procedures done by the Authority. However, for the frequencies to be used in the radio equipments and systems which do not need any permission of radio system installation and use and radio license as stated in the Regulations published by the Authority, frequency registration is not done.
(2) National registration of the frequencies assigned is done considering the duration of assignment,
a) after the notification that the operators install the electronic communications infrastructure or network and begin to operate,
b) after giving permission of radio system installation and use to radio system users who are not subject to authorization,
c) after Turkish Armed Forces, General Command of Gendarmerie and Coast Guard Command as well as Ministry of Foreign Affairs, Telecommunication Communication Presidency, Undersecretariat of National Intelligence Agency and the Security General Directorate, limited to issues relating to their purview set out in their establishment laws, give notice to the Authority following the installation of the systems.
(3) The international frequency registration procedures that should be done through ITU are done by the Authority.  The international frequency registration procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority.

Change of Frequencies
Article  9 – (1) If the communication cannot be achieved or in spite of the technical regulations if the harmful electromagnetic interference cannot be removed frequencies assigned and frequency bands can be changed by the Authority. Besides, due to technological progress, regulations made by Authority in order to ensure the effective and efficient usage of spectrum or due to changes in the National Frequency Plan made in accordance with the regulations done by international organizations, any change including cancelation of the frequencies assigned and registered to the operators and users can be done by the Authority. Regarding the changes to this registration(s) and assignment(s) made by the Authority, frequencies of the operators and users will be kept as it is as much as possible and in case of necessity, comments of operators and users will be taken. In addition, in the frequency changing process of operators with limited quantity of right of use, provisions of the tender specifications and certificate of competency of right of use are also taken into account.
(2) In terms of the concession agreements, transactions such as the withdrawal of frequencies assigned, changes and additional frequency assignments are conducted due to the terms and conditions set forth in the relevant tender specifications document and/or contract.
(3) In case of any harmful electromagnetic interference, principle is that the priority is given to protect the frequencies assigned to the operators as it is. If a harmful electromagnetic interference occurs between any frequencies assigned, the previously assigned frequency of the operator and/or user is protected.
(4) Authority gives a reasonable time to the operators and users in case of any change in frequencies assigned. Operators or users shall not have the right to demand indemnity or any expenditure item which arises as a consequence of the adaptation process for the changes to be done in the National Frequency Plan from the Authority or users.

Frequency Coordination
Article 10 – (1) Frequency coordination transactions for terrestrial, aerial, maritime, satellite and radio and television broadcasting services, are conducted with the neighbouring and related countries via bilateral or multilateral agreements by the Authority. In case of lacking of such agreements frequency coordination is done by the Authority within the framework of procedures of ITU and CEPT.  The international frequency coordination procedures that should be done through ICAO are carried out with the coordination of Directorate General of Civil Aviation by the Authority.
(2) In case of any harmful electromagnetic interference caused by any system residing in a neighbouring country, necessary actions in order to solve the problem are taken by the Authority.
(3) The operators have to comply with the regulations made by the Authority regarding the frequency assignment and registration and the National Frequency Plan and possible changes to be done in the National Frequency Plan. In order to prevent harmful electromagnetic interference on the operators in Turkey or in the neighbouring countries, the operators have to take all necessary measures defined in national legislation and international agreements of which Turkey is a party. In this context, the operator(s) may sign agreements with other operator(s) in neighbouring countries provided that they carry out frequency coordination in coordination with the Authority and by having opinion from the Authority.

Withdrawal of Assigned Frequencies and Cancelation
Article 11 – (1) Due to technological progress and decisions made by international organizations that Turkey is a member of, in case of necessity, the Authority, being in coordination with the related sides, causing no deficiency in national security and intelligence, may withdraw or cancel all or some part;
a) Of assigned frequencies to operators and users who are not limited in quantity of right of uses,
b) Of frequency bands and frequencies assigned to Turkish Armed Forces and Radio and Television Supreme Council.
(2) The withdrawal of frequencies from the operators limited in quantity and have the right of use is regulated in relevant tender specifications and in relevant certificate of competency of right of use.
(3) Operators which are authorized in the scope of right of use and are not limited in quantity may demand additional time with their due justifications, on the occasion that if they don't start to provide service after the one year of the date of authorization. Authority may grant maximum of six months of additional time to the operator(s). Authority cancels the frequencies assigned to the operator if the operator does not start to provide service within the one year of period beginning with the date of authorisation and does not demand additional time or does not start to provide service within the additional time provided that operator cannot document any force majeure reasons. In this case, the Authority, giving a reasonable amount of time, sends the decision with reasons regarding the cancelation of the frequencies assigned to the operator. The operator has to make the necessary arrangements due to the provisions in this paragraph within the time period set by the Authority regarding the cancelation.
(4) For the users that have the permission for installation and use of radio equipment, if the work is not completed at the end of the given amount of time, including due time prolongation, the permission given and the frequencies assigned are both cancelled.
(5) If the operator or user gives up the frequency usage, the frequencies assigned are cancelled.
(6) The Authority does not take on any responsibility regarding the withdrawal or cancelation of frequencies assigned.
(7) The authority may reassign the frequencies which are withdrawn or cancelled to operators and users in accordance with the relevant legislations.



CHAPTER FOUR
Miscellaneous and Final Provisions


Administrative Sanctions
Article 12 – (1) For those who violates the provisions of this by-law, the provisions of Act 63 of the Law shall apply.


Enforcement
Article 13 – (1) This Regulation shall enter into force on the date of publication of the Regulation.

Execution
Article 14 – (1) Head of the Board shall execute the provisions of this Regulation.

ELECTRONIC COMMUNICATIONS LAW

Law No. 5809                     Date of Adoption: 5/11/2008


CHAPTER ONE
General Provisions

PART ONE
Purpose, Scope and Definitions

Purpose
ARTICLE 1- (1) The objectives of this Law are to create effective competition, to ensure the protection of consumer rights, to promote the deployment of services throughout the country,   to ensure efficient and effective use of the resources, to promote the new investments and technological developments in communications infrastructure, network and services through regulations and inspections in electronic communications sector and to determine relevant principles and procedures thereto.

Scope
ARTICLE 2- (1) Alongside the provision of electronic communications services and the construction and operation of the infrastructure and the associated network systems thereof; manufacture, import, sale, construction and operation of all kinds of electronic communications equipments and systems, planning and assignment of scarce resources including frequency and the regulation, authorization, supervision and reconciliation activities relating to such issues are also subject to this Law.
   (2) This Law shall apply without prejudice to the provisions of Certain Laws regarding national security and public order and the provision of electronic communications services in case of extraordinary situations such as martial law, mobilization, war and natural disasters as well as the provisions of "Law On  How Transportation and Communication Services Are To Be Carried Out In Extraordinary Situations" no. 697 dated 16/7/1965; "Law On The Organization And Duties Of The Ministry Of Transport" no. 3348 dated 9/4/1987, "Law On Provision of Universal Services and Amendments to Certain Laws" no. 5369 dated 16/6/2005, "Law on Amendments to Certain Laws" no. 5397 dated 3/7/2005  and "Law on the Regulation of Publications on Internet and Suppression of Crimes Committed by means of Such Publications" no. 5651 dated 4/5/2007. 
   (3) Provisions of this Law, except for Article 36 and Article 39, shall not apply to electronic communications equipments, systems and networks of Turkish Armed Forces, General Command of Gendarmerie and Coast Guard Commands as well as electronic communications equipments, systems and networks of Ministry of Foreign Affairs, Telecommunication Communication Presidency, Undersecretariat of National Intelligence Agency and the General Directorate of Security limited with issues relating to their purview set out in establishment laws and on the equipments, systems and networks which were installed or to be installed by the operators and whose fees have been paid by the above mentioned institutions.

Definitions and Abbreviations
ARTICLE 3- (1) Certain terms used in this Law shall have the following meaning:
   a) Subscriber means 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) Subscriber Contract means any contract signed between the electronic communications service provider and the subscriber upon which the service provider, in return for a charge, undertakes to serve or provide any goods to the subscriber or both, permanently or for a period of time,
   c) Subscriber's identity and communication data mean, any specific information assigned to the subscriber by the operator,
             ç) Location portability means changing of location without changing of subscriber number,
d) Main electronic communications network means access and transmission systems network, by which the publicly available electronic communications services are provided, including switching equipments and transmission infrastructure which enable electronic communications between specific points
e) Interconnection means the physical and logical linking of electronic communications Networks used by the same or different operators in order to allow the users of one operator to communicate with users of the same or another operator, or to access services provided by another operator,
f) Interconnection obligator means any operator, who is subject to the obligation of providing interconnection,
   g) Ministry means the Ministry of Transport,
ğ) Distributor means any real person or legal entity who or which take part in the sale and/or supply chain of the equipment and whose activities do not affect the properties of equipment,
h) Electronic communications mean the transmission, exchange and receiving of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems,
ı) Electronic communications infrastructure means all kinds of network components, relevant facilities and the supplementary elements including switching equipments, hardware and software, terminals and lines; over or by which the electronic communications is provided,
i) Electronic communications infrastructure operation means construction, causing  others to construction, hiring or procuring of the electronic communication infrastructure related with the relevant network in such other ways, and providing that infrastructure for use of other operators and other requesting real or legal persons,
j) Electronic communications service means provision of wholly or partly the activities which fall under the scope of electronic communications definition, k) Electronic communications network means all kinds of transmission systems networks including switching equipments and lines, which constitute the connections between one or more points in order to ensure electronic communications in such points,
k) Electronic communications network means all kinds of transmission systems networks including switching equipments and lines, which constitute the connections between one or more points in order to ensure electronic communications in such points,
l) Electronic communications sector means the sector involved in the provision of electronic communications services and electronic communications network and the production, import, sales, maintenance and repair facilities of electronic communications equipments and systems,
m) Provision of electronic communications network means the construction, operation, submission for use and the control of the electronic communications network,
n) Electronic identity information means the identity allocated uniquely for each electronic communications equipment,
o) Electromagnetic interference (Interference) means all kinds of broadcasting or electromagnetic impact which obstruct, interrupt or degrade the electronic communications operating in accordance with the provisions of relevant legislation,
ö) Access means provision of electronic communications network, infrastructure and/or associated services to the use of other operators under conditions laid down in this Law,
p) Access obligator means any operator, who is subject to the obligation of providing access,
r) Significant market power means the economic power which enables the operator, either individually or jointly with others, to behave to an appreciable extent independently of its competitors, customers and ultimately consumers in the electronic communications market,
s) Rights of way means the rights granted to operators for to pass under, above and over the public and private proprietary areas for constructing, removing, maintaining, repairing etc. of necessary for electronic communications network and infrastructure, 
ş) Rights of way supplier means the immovable owners and/or the right owner on the immovable provided that the immovable belonging to the public or under common usage of the public regarding the rights of way is included,
t) Service portability means changing of service type without changing of subscriber's number,
u) Relevant market means the market which covers certain electronic communications services provided throughout or part of the country and the associated electronic communications services which are highly substitutable,
ü) Relevant facilities mean any facilities related to any electronic communications services and/or any electronic communications network which support and/or enable the provision of services by the relevant network and/or services,
v) Internet domain names mean the names which define the internet protocol number used for identifying the address of internet sites or the computer, on internet,
y) Internet domain name system means the system which finds the internet protocol number that has its equivalent in the addressing established by symbolic names that are easy to read and remember and that may be related to requested domain owners in general and which designates this number  to the user,
z) Operator means 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,
aa) Operator number portability means changing of operator without changing subscriber's number,
bb) Conditional access system means any technical measure and/or regulation enabling conditional access to radio or television broadcasting system through subscription or other forms of authorization granted beforehand,
cc) User means any natural person or legal entity that uses electronic communications services disregarding whether he is a subscriber or not,
çç) Right of use means the right granted for the use of scarce resources such as frequency, number, satellite position,
dd) Board means Information and Communication Technologies Board,
ee) Authority means Information and Communication Technologies Authority,
ff) CEIR means central equipment identity register data base system,
gg) EIR means equipment identity register data base,
ğğ) Number means a string or combination of letters or/and digits or symbols that defines the network termination point and routes the voice, data and images to the respective point that includes the information which may refer to subscriber, application, operator, telecommunication network and/or telecommunication service where relevant,
hh) Number portability means a facility that enables the subscriber to change its operator, geographical position and/or service type without changing  subscriber's number,
ıı) Notified Body means public corporations and institutions and real persons or legal entities which are assigned by the Authority with a view to carry out conformity assessment activities and which are authorized in accordance with the principles specified in Law no. 4703 dated 29/6/2001 on the Preparation and Implementation of Technical Legislation regarding the Products and with the relevant technical regulations,
ii) Radio and television broadcasting means transmission of image and/or voice services via a terrestrial antenna, electronic communications network or satellite in coded or not coded form, aimed for reception by the public except from individual communication,
jj) End user means any natural person or legal entity that does not provide  public communication networks and/or  public communications service,
kk) Spectrum means the frequency range of electromagnetic waves which are utilized for electronic communications and whose frequency varies between 9 kHz-3000 GHz and in case of international regulations which also includes frequencies over 3000 GHz,
ll) Standard means any voluntary regulation which is accepted by consensus and ratified by an authorized body; aims to provide an optimum order under the existing conditions; lays down, for common and repeated use, the characteristics, processing and production methods of a product, as well as one or more of the related terminology, symbols, packaging, marking, labeling and conformity assessment procedures aspects,
mm) Network termination point means the physical point at which a subscriber has access to electronic communications network. In the case of networks involving switching or routing, the network termination point is identified by means of a specific network address, which may be linked to a subscriber number or name.
nn) Tariff means the list containing itemized fees by which the operators charge users in return for the electronic communications services provided,
oo) Carrier means the operator which provides the all or part of the call origination, termination or transit services,
öö) Carrier pre-selection means the way of pre-selecting the carrier in a manner to enable the selection without dialing carrier selection code,
pp) Carrier selection means the way of selecting the carrier by dialing carrier selection code,
rr) Carrier selection code means the code assigned by the Authority to the carriers for the purpose of carrier selection,
ss) Radio means systems which do not have any physical linkage in between and which are utilized for transmitting and receiving or solely transmitting or receiving coded, not coded or cryptographic sounds and images via electromagnetic waves,
şş) Permission for installation and use of radio means the permission issued by the Authority for radio equipment and systems to be installed and used under the scope of this Law,
tt) Radio license means the license issued by the Authority for radio equipments and systems to be installed and used under the scope of this Law,
uu) Consumer means any natural person or legal entity who uses or demands electronic communications services for non-commercial or non-occupational purposes,
üü) National roaming means the roaming between systems which allows the provisions of any operator's services via equipments of other operator's subscribers or which allows the interconnection of any other system, provided that technical compatibility requirements of the operator's services are guaranteed,
vv) National numbering plan means the 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,
yy) Harmonized European Standard means the standard published in the Official Journal of the European Communities,
zz) Harmonized National Standards mean Turkish standards which are adopted after being harmonized by Turkish Standards Institution in accordance with the Harmonized European Standards and whose lists have been published as communiqués by the Authority,
aaa) Manufacturer means any real person or legal entity who manufactures or reconditions the electronic communications equipment or who introduces itself as the manufacturer by affixing its name, trademark or distinctive mark on the equipment. In case of manufacturer is being abroad, it refers the representative and/or importer authorized by the manufacturer, and also the real person or legal entity who takes part in the sales and/or supply chain of the equipment and whose activities affect safety properties of equipment,
bbb) Local loop means the physical circuit in the fixed electronic communications network, connecting the network termination point, at the subscriber's premises to the main distribution frame or equivalent facility,
ccc) Authorization means the registration of entities providing electronic communications services and/or electronic communications network in the eye of the Authority and pursuant to such registration, or granting of certain rights and obligations specific to electronic communications services to these entities.



Principles
ARTICLE 4-(1) Authorization for the installation and operation of any kind of electronic communications equipments, systems and networks; assignment of the necessary frequencies, numbers, satellite positions and associated resources and the arrangement thereof are under the State's terms of reference. The following principles shall be considered by the relevant bodies whilst providing electronic communications services and the arrangements thereof;
a) Creation and protection of a free and efficient competitive environment.
b) Protection of consumer rights and interests.
c) Consideration of the objectives of development plans and Government programs as well as the strategies and policies set by the Ministry.
ç) Promotion of the practices which ensure that everyone can benefit from electronic communications networks and services at affordable prices.
d) Ensuring non-discrimination among subscribers, users and operators who are under the same conditions and ensuring that services are accessible to users in similar situation under the same terms, unless based on objective grounds or except for the aim of providing facilitation, with defined limits and under certain scope, special to the people in need of in the society .
e) Unless based on objective grounds or the contrary is specified by this Law, promotion of qualitative and quantitative sustainability, regularity, reliability, productivity,  clarity, transparency and the efficient use of  resources.
f) Ensuring the conformity of electronic communications systems to international norms.
g) Promotion of research and development activities and investments and implementation of technological innovations.
ğ) Promotion of the improvement of quality of service
h) Giving priority to the requirements of national security, public order and the emergency situations.
ı) Except for the situations clearly expressed in this Law, in relevant legislation and in the authorizations; ensuring free determination of the prices by the operators for the electronic communications services which covers access charges including interconnection and line and circuit rental fees.
i) Taking the minimum international norms into consideration with regard to protection of human health, life and property, environment and the consumer at installation, usage and operation of electronic communications equipments and systems.
j) Ensuring objectiveness in providing electronic communications services and in related arrangements.
k) Including the use of technological innovations, taking into consideration the specific needs of disabled, elder and people in need of social protection.
l) Protection of information safety and confidentiality of communication.



PART TWO
Competent Bodies in
Electronic Communications Sector
Competencies of the Ministry
ARTICLE 5- (1) The Ministry is competent for the following activities in the field of electronic communications:
a) Setting strategies and policies regarding electronic communications services which are based on scarce resources such as numbering, internet domain names, satellite position and frequency allotment.
b) Determination of objectives, principles and policies towards the aim of encouraging the development of electronic communications sector in free competitive market and supporting the transformation into an information society, therefore taking promotional measures to this end.
c) Determination of policies towards construction and development of electronic communications infrastructure, network and services in accordance with the technical, economic and social needs and in harmony with the national security objectives and the public interests, and towards ensuring their operation in a complimentary manner.
ç) Contributing to the creation of policies regarding the development of electronic communications equipments industry and to the determination of policies towards taking measures which encourage domestic production of the electronic communications equipments.
d) Without prejudice to the provisions of Law no. 1173 dated 5/5/1969 on the Coordination and Maintenance of International Relations, representing the State or giving authorization to represent the State in the international associations and organizations regarding electronic communications of which our Country is a member and ensuring coordination regarding the participation to activities and the implementation of the decisions.
e) Conducting and having third parties to conduct necessary researches with a view to determine and implement electronic communications policies.
f) Taking necessary measures and performing coordination to ensure the continuity of electronic communications in the case of natural disasters and extraordinary situations. Against the risk of interruption of communications, constructing or having third parties to construct alternative communication infrastructure beforehand for continuity of communication and connecting to such system, when required. 
g) Planning electronic communications services in the case of extraordinary situations and at war in accordance with Law no. 697 dated 16/7/1965 and performing necessary actions or having third parties to perform.
ğ) Encouraging domestic design and production of electronic communications systems, promoting research, development and training activities relating to the sector by technical and financial means and determination of the amount of the source to be allocated by the Authority which shall not exceed 20% of the Authority's income and having such source to be used by making necessary arrangements.

Competencies of the Authority
ARTICLE 6-(1) The Authority shall be competent to:
a) In the electronic communications sector; to make regulations to create and protect competition and to eliminate the practices which are obstructive, disruptive or limitative for competition, to this end to impose obligations on operators with significant market power in the relevant markets and on other operators when required, and to take measures stipulated by the legislation.
b) To inspect the breaches of competition in electronic communications sector which are against this Law and against regulations based on of this Law, to impose sanctions and to take the opinion of Competition Authority on the issues regarding the breach of competition in electronic communications sector, if specified by the legislation.
c) To make necessary arrangements and supervisions pertaining to the rights of subscribers, users, consumers and end users as well as processing of personal data and protection of privacy.
ç) To make the Board decisions those concern the operators and consumers publicly available with its rationale and processes.
d) In accordance with this Law, to conduct the dispute resolution procedure between the operators when necessary, and to take necessary measures that are binding until otherwise decided by the related parties in case of no settlement.
e) To follow the developments in electronic communications sector, to conduct researches or to have third parties to conduct research in order to promote the development of sector and to cooperate with the related organizations and institutions in this regard.
f) To plan and to allocate the frequencies, satellite position and numbering necessary for the provision of electronic communications services and installation and operation of electronic communications network and infrastructures, by taking into consideration the Clause (a) of Article 5 of this Law.
g) To perform necessary regulations and inspections including authorization, tariffs, access, right of way, numbering, spectrum management, licensing for the installation and use of radio equipments and systems, monitoring and inspection of the spectrum, market surveillance; by taking into consideration the strategies and the policies of the Ministry regarding electronic communications.
ğ) To supervise if the radio systems are installed and operated in accordance with the specified techniques and procedures, to detect electromagnetic interference and to eliminate them.
h) To determine the scope of commercial secrets and the information of the operators which may be made publicly available, to protect the privacy of commercial secrets,  the investment and business plans of the operators and to keep such secrets and plans unless requested by the judicial authorities.
ı) To request any kind of information and documents from the operators, public authorities and institutions, natural persons and legal entities which deemed necessary pertaining to electronic communications and to keep necessary records, to present those needed by the Ministry upon request in determination of the strategies and policies towards electronic communications sector.
i) As per clause (ğ) of first paragraph of Article 5 of this Law, within the frame of the regulations set by the Ministry; to transfer a source which shall not exceed 20% of its income taking into consideration current revenues of the Authority to the Ministry for research, development and training activities pertaining to electronic communications sector. Such source transfer shall be free from any kind of tax, charge, duty and other financial obligations including value added tax and stamp tax.
j) To determine general criteria and implementation procedures and principles regarding tariffs to be imposed on the users and other operators within the scope of access, contract terms, technical matters and other issues related to its areas of office; to approve the tariffs and to make regulations regarding the supervision of tariffs.
k) To approve the reference access offers submitted by the operators.
l) To determine provisions and conditions for authorizations regarding electronic communications services, network and/or infrastructure, to supervise their implementation and conformity to the authorization, to perform necessary actions thereof and to take measures as deemed necessary by the legislation.
m) To conduct frequency planning, assignment and registration procedures taking into consideration their transmitter power and broadcasting duration through cooperation with the international organizations, without prejudice to the provisions set out in the relevant laws pertaining to radio and television broadcasting.
n) To ensure the publication and the implementation of the harmonized national standards for all kinds of systems and equipments used in electronic communications sector and to make technical regulations, perform and/or to have third parties to perform market surveillance of them, and to establish and operate a laboratory for this purpose and to determine the charges for training and consultancy services to be carried out in such laboratory.
o) To coordinate the authorization of institutions that will perform the installation, measurement, maintenance and repair activities in electronic communications sector, together with the relevant bodies.
ö) To conduct market analyses regarding electronic communications sector, to determine the relevant market and the operator/s that have significant market power in this relevant market.
p) To participate in the works of international associations and organizations regarding electronic communications to follow the implementation of decisions and to ensure the necessary coordination.
r) As prescribed in Article 46 of this Law, to determine all kinds of procedures and principles regarding fees including cancellation of any debt; to ratify the annual budget, income and expense settlements and the annual work plan of the Authority, to make transfers between accounts in the budget if needed or to transfer the revenue surplus to the general budget within the frame of the legislation.
s)  To inspect and/or to have third parties to inspect the conformity of operators to the legislation, who perform activities in electronic communications sector; to set the relevant procedures and principles, in case of inconsistencies to perform the actions suggested by the legislation and to impose sanctions.
ş) To take measures specified by the legislation with a view to ensure that the national security, public order or public service are duly maintained in electronic communications sector.
t) To make regulations prescribed by the legislation and to determine the procedures and principles concerning access including interconnection and national roaming, to take measures suggested by the legislation so as to ensure that the agreements signed for the purpose of providing electronic communications will not contain provisions which constrain the competition, which are against the legislation and/or consumer interests.
u) Under the provisions of the relevant law; to set, to inspect and to have third parties inspect the quality and standards of service for all kinds of electronic communications including the quality of service and standards of universal services when required and to determine the procedures and principles pertaining thereto.
ü) In electronic communications sector, to determine the principles regarding the independent inspection activity and to determine the establishment requirements, working principles and the quality of the personnel of independent inspection bodies.
v) To enact by-law, communiqué and other secondary regulations pertaining to the authorizations granted by this Law.

Provision of competition
ARTICLE 7- (1) Without prejudice to the provisions of Law no. 4054 dated 7/12/1994 on Maintenance and Promotion of Competition, the Authority is entitled to perform examination and investigation of any action conducted against competition in electronic communications sector, on its own initiative or upon complaint; to take measures it deems necessary for the establishment of competition and to request information and documents within the scope of its tasks.
(2) The Competition Board while performing examinations and supervisions and while making any decisions on electronic communications sector, including decisions about merges and takeovers, takes into consideration primarily the Authority's view and the regulatory procedures of the Authority.
(3)The Authority may identify the operators with significant market power in the relevant markets as a result of conducting market analyses. The Authority may also impose obligations on operators with significant market power with the aim of ensuring and promoting an effective competition environment. Differentiating may be performed among the operators with significant market power in the same and/or different markets, in terms of the obligations in question.


CHAPTER TWO
General Regulations
PART ONE
Authorization
Authorization of electronic communications services
ARTICLE 8 – (1) Electronic communications services could be provided and/or electronic communications network or infrastructure could be constructed and operated by taking into consideration the strategies and policies of the Ministry, upon receiving authorization from the Authority.
(2) It is fundamental that the electronic communications service and/or network or infrastructure is provided primarily by the operators which are authorized by the Authority. Nevertheless, electronic communications service and/or network or infrastructure shall not be subject to authorization, which is;
a) Within any natural person's or legal entity's property under his/its own use, which do not exceed any property's borders, which is used upon exclusively individual or organizational needs, which is not used for providing any electronic communications services to third parties, which is provided without any commercial intention and which is not publicly available,
b)  Constructed pertaining solely to the services of public corporations and institutions in accordance with the specific laws thereof.
(3) The Authority is entitled to inspect the conformity of such networks and infrastructures to the principles of this Article and the conformity of equipments to the standards; to ensure the removal of those which do no comply therewith and to regulate the procedures and principles regarding the implementation of this Article.
(4) The provisions of Law regarding radio and television broadcasting are legally guaranteed.

Authorization Procedure
ARTICLE 9-(1) Authorization is issued on the base of notification or rights of use.
(2) Companies who are willing to provide electronic communications services and/or to construct and operate electronic communications networks or infrastructures shall notify the Authority of their intention prior to the commencement of their activities, within the frame of the Authority regulations.
(3) When companies who have notified the Authority do not need the assignment of resources such as number, frequency and satellite position for electronic communications services and/or electronic communications network or infrastructure which they plan to provide and/or to operate; they shall be authorized pursuant to the notification to the Authority. In case they need assignment of resources they shall be authorized upon receiving the right of use from the Authority.
(4) The Authority is entitled to determine whether electronic communications services for which the right of use is requested, and the number of rights of use for mentioned services should be limited or not.
(5) The Authority issues right of use within 30 days upon due application for electronic communications services for which the number of rights of use does not need to be limited.
(6) The number of rights of use could only be limited when the resources need to be operated by a limited number of operators and for the aim of ensuring the efficient and effective use of resources. In case the quantity of right of use is limited:
a) The Ministry determines the criteria such as the authorization policy regarding electronic communications services which cover the assignment of satellite position and frequency band in national scale and which need be operated by a limited number of operators, starting date of the service, the duration of authorization and the number of operators to serve and the authorization is done by the Authority. Nevertheless, when deems necessary, the Ministry may open tenders directly on its own, for electronic communications services which  cover the assignment of frequency bands in national scale and which need to be operated by a limited number of operators.
b) Necessary procedures pertaining to the performance of electronic communications services which are out of those mentioned in clause (a) and which need to be provided by a limited number of operators and/or to the construction and operation of electronic communications network and infrastructure shall be performed by the Authority.
(7) The Authority, with a view to ensure the efficient use of resources, shall take necessary measures after consulting the Ministry and determine the procedures and principles of the tender. The Authority and, under situations predicted in clause (a) of the above paragraph, the Ministry shall not be subjected to the State Tender Act no.2886 dated 8/9/1983 and the Public Tender Act no. 4734 for tenders regarding right of use.
( The durations of right of use are determined in a manner not to exceed twenty five years. The duration of authorization as per this Article shall be determined taking into consideration the qualification of the service and network and the request of the applicant.
(9) The Authority shall be entitled to reject the applications for right of use due to the insufficiency of resources and the non-availability of the qualification requirements specified in tender stage, and on the grounds related to national security, public order, public health and similar public interests.
(10) When the operator's activities are found as contrary to the legislation, such operator's right of use shall be revoked in accordance with the procedures and principles determined by the Authority. In cases of revocation, necessary measures shall be taken with a view to protect the subscribers' rights.
(11) The Authority, upon taking opinion of the Ministry shall be entitled to prevent the functioning of the companies in the field of electronic communications or prevent those providing electronic communications when it deems necessary due to factors related with the necessities of public security, public health and similar public interests.
(12) The facilities of those who construct and operate electronic communications facilities or who provide electronic communications services by breaching the provisions of the Law, shall be closed down and their activities shall be terminated by the civilian authority upon the request of the Authority.
(13) Procedures and principles regarding the notification and right of use shall be determined by regulations enacted by the Authority.

Trial Permission
ARTICLE 10 – (1) The Authority shall be entitled to issue provisional permission for trial or demonstration purposes to natural persons or legal entities who apply for providing electronic communications services or operating electronic communications network or infrastructure. Procedures and principles pertaining thereto shall be regulated by the Authority.

Authorization fee
ARTICLE 11 – (1) The authorization fee consists of administrative charges and fees for rights of use.
(2) The Authority, for the purpose of contributing to the expenses incurred due to its activities such as market analysis, preparation and enforcement of secondary regulations, supervision of the operators, technical monitoring and inspection of services, supervision of the market, international cooperation, harmonization and standardization, as well as any kind of administrative expenses; shall charge operators, on condition that such charge does not exceed five per thousand of the operator's previous year's net sales, taking into account the international obligations. Procedures and principles pertaining thereto shall be regulated by the Authority.
(3) In case the operators do not pay for due administrative charges in a period of time prescribed within the frame of established procedures and principles, a fine equivalent to the amount of default interest which is calculated according to the basis as per Article 51 of Law no. 6183 dated 21/7/1953 on The Collection of Public Receivables shall be imposed. Administrative charges which are not paid by the operators in due time shall be collected by the relevant tax office as per provisions of Law no. 6183 upon notice of the Authority and they shall be registered as revenue for the Authority. The Authority shall publish annual report which shows the administrative cost and the amount of collected administrative charges. 
(4) Fees for rights of use shall be collected in return for issuance of right of use for the resources and for the assurance that the resources in question are efficiently used.
(5) Minimum values of the fees for rights of use shall be determined by the Board of Ministers upon the proposal of the Authority and the resolution of the Ministry.
(6) Without prejudice to the provisions of Law no. 5369, fees for rights of use shall be deposited to the relevant accounting department so as to be registered as revenue for the Treasury. Fees for rights of use which are not paid in due time shall, upon notice of the Authority and as per provisions of Law no.6183, be collected by the relevant tax office.

Rights and obligations of the operators
ARTICLE 12 – (1) The operator shall be entitled to provide the electronic communications services under the scope of his authorization in accordance with the Authority regulations and the requirements specified in his authorization.
(2) The Authority, considering the factors such as requirements of the sector, international regulations, and technological developments, shall be entitled to impose legislation oriented obligations on the operators, among which the following have utmost importance:
a) Administrative charges.
b) Interoperability of the services and interconnection of the networks.
c) To ensure accessibility of numbers from the National Numbering Plan to end users.
ç) Co-location and facility sharing.
d) To protect personal data and privacy.
e) Protection of the consumer rights.
   f) To submit information and documents to the Authority.
g) To provide technical facilities for the lawful interception and intervention by the national bodies that are authorized by laws.
ğ) To take necessary measures for maintaining uninterrupted communication under major disaster situations.
h) To take necessary measures within the scope of this Law for the prevention of exposure of the general public to electromagnetic fields which radiate from electronic communications networks and which endanger public health.
ı) Access obligations.
i) To maintain the integrity of electronic communications networks.
j) To ensure the security of network against unauthorized access.
k) The measures designed to ensure compliance to the standards and specifications, including the quality of service.
l) To perform services requested by the Authority as per the relevant legislation.
(3) In addition to the above obligations, under circumstances which enable the issuance of right of use, considering the factors such as requirements of the sector, international regulations, and technological developments; legislation oriented obligations may be imposed, among which the following have utmost importance:
a) Type of technology, network or service for which the right of use for frequency has been issued and the scope of service for which the right of use for number has been issued.
b) Efficient and effective use of frequencies and numbers.
c) Prevention of electromagnetic intervention.
ç) Number portability.
d) Directory services.
e) Duration of authorization.
f) Transfer of rights and obligations.
g) Fees for rights of use.
ğ) Commitments undertaken during tender process.
h) To obey to obligations as per international agreements regarding the use of frequency and number.
(4) Procedures and principles pertaining to the rights and obligations of the operators shall be regulated by the Authority.
(5) The operators are obliged to construct the technical infrastructure before providing electronic communications services towards meeting demands regarding national security and the regulations of Laws no.5397 and 5651 and of other relevant Laws. As for operators which have already been providing electronic communications services, they are obliged to construct technical infrastructure with the same conditions within a period of time prescribed by the Authority, on condition of undertaking all kinds of expenses.

PART TWO
Tariffs
Regulation of Tariffs
ARTICLE 13 – (1) Tariff may be determined as one or more of; subscription fee, fixed charge, call charge, line rental, and similar various price items.
(2) Tariffs to be imposed in return for providing any kind of electronic communications services shall be subject to the following provisions:
a) Operators shall freely determine the tariffs under their possession, provided that they comply with the regulations of the Authority and the relevant legislation.
b) In case that an operator is designated as having significant market power in the relevant market, the Authority shall be entitled to determine the procedures regarding the approval, monitoring and supervision of tariffs as well as the upper and lower limits of the tariffs and the procedures and principles for implementation.
c) In case that the operator is designated as having significant market power in the relevant market, the Authority shall be entitled to make necessary arrangements to prevent anti-competitive tariffs such as price squeezing and predatory pricing and supervise the implementation.
(3) Procedures and principles pertaining to the implementation of this article, submission of tariffs to the Authority and publication and announcement of them to public shall be determined by the Authority.

Principles regarding the regulation of tariffs
ARTICLE 14 – (1) The Authority shall consider the following principles whilst making regulations on tariffs to be imposed in return for providing all kinds of electronic communications services:
a) The practices which enable the users to benefit from electronic communications services in return for a reasonable charge shall be promoted.
b) Tariffs shall be fair, transparent without making unjustified discrimination among users in equivalent conditions, without prejudice to the circumstances of providing easiness with a definite scope and limits exclusive to those stated in clause (c) of first paragraph of Article 3 of Law no. 5369 who are in need and cannot afford.
c) Tariffs shall reflect the costs of relevant electronic communications services to the possible extent.
ç)  The cost of a service shall not be supported or covered by the price of any other service.
d) The tariffs shall not be determined in a manner not to cause to hinder, damage or limit competition.
e) The international practices shall be taken into consideration to the appropriate extent.
f) Tariffs shall promote technological developments and investments which enable the use of new technologies with reasonable prices.
g) Consumer interests shall be protected.
ğ) It shall be ensured that the consumers be well informed regarding the tariff issues.
h) The Authority shall also take into account the prices of electronic communications services which are basic inputs that the competitors will request from the operator with significant market power whilst providing electronic communications services to their own users.

PART THREE
Access and Interconnection
Scope of Access
ARTICLE 15 – (1) The following issues are under the scope of access in electronic communications services:
a) Any method of access to the components of electronic communications network, including unbundled access to the local loop and bit stream access.
b) Access to physical infrastructure including buildings, ducts and poles considering the available access options.
c) Access to relevant software systems including operation support systems.
ç) Access to systems providing number transformation or equivalent functionality.
d) Access to virtual network services taking into account the status of the competition.
e) Interconnection between two electronic communications networks.
f) Access to fixed and mobile networks including national roaming.
g) Access to conditional access systems.
ğ) Provision services on a wholesale basis for the purpose of resale.
(h) Other access methods to be laid down in Authority's regulations.

            Obligation of Access
ARTICLE 16 – (1) Those that will be subject to the obligation to provide access and the scope of the obligation shall be determined by the Authority. When an operator does not allow other operators to have access within the scope defined in Article 15 of this Law or it sets forth unreasonable durations and conditions for access in a manner to result in not allowing access, and the Authority decides that such behaviour of the operator will prevent the formation of a competitive environment and the situation to arise will be against the interests of end users; the Authority shall be entitled to impose obligation on the operator to accept the access requests of other operators.
(2) In accordance with this Law, all operators are obliged to negotiate on interconnection with each other upon request. In case that the parties cannot reach an agreement, the Authority may impose on operators the obligation to provide interconnection.
(3) In circumstances where it considers necessary in terms of public benefit, the Authority, may limit the access and interconnection obligations by enacting regulations, considering the principles specified under Article 4 of this Law.
(4) The Authority shall make necessary regulations for the establishment and implementation of all access contracts in alignment with the objectives and the scope of this Law, with protection of competition and consumer rights, integrity and interoperability of networks and the mutual operability of services.
(5) The Authority may impose obligations on operators which are notified for providing access; such as equality, nondiscrimination, transparency, clarity, to be based on cost and reasonable profit and to provide access services with fair conditions and with the same quality which they provide for their subsidiaries or partners or partnerships in order to have reasonable access demands of other operators met within the frame of provisions of this Law.
(6)  Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.

Facility sharing and collocation
ARTICLE 17 – (1) In circumstances where an operator can construct its facilities on or under public domain or third parties' properties or where he is authorized to use such properties or granted the right to expropriation; the Authority, giving due weight to the necessities to the protection of environment, public health and safety, urban and regional planning and the efficient use of resources and considering the factors on competition, may impose obligations on the relevant operator to share his facilities and/or properties with the other operators in return for a reasonable charge.
(2) The Authority may impose obligations on operators to provide any kind of collocation including physical collocation for the equipments of other operators within their own facilities in return for a cost-based charge. In the case that the operators do not determine their collocation tariffs on cost basis although stipulated by the Authority, it shall be entitled to determine collocation tariffs taking into account the costs, international applications and/or current market values to the appropriate extent.
(3) Procedures and principles pertaining to facility sharing and collocation including the construction of shared antenna systems and facilities shall be regulated by the Authority with a view to ensure broadcasting of all kinds of broadcasts including radio and television broadcasts from specified emission points. When required, necessary works and operations regarding shared antenna systems and facilities including the execution of exemption from charges listed in the tariff table attached to this Law, shall be executed by the Authority for the purpose of promoting implementation. Provisions regarding the construction of electronic communications infrastructure shall also be valid for shared antenna systems and facilities. Within the frame of the Authority regulations; the municipalities, civilian authorities and other public institutions shall be obliged to make due contribution and represent any kind of assistance including the provision of properties regarding shared antenna systems and facilities.

Access agreement and settlement of disputes
ARTICLE 18-(1) Access contracts shall be signed between the sides by negotiating freely on the condition of not including any provision contrary to the relevant legislation and Authority regulations. In case that no contract is signed between the sides within maximum two months beginning from the demand of access or in case that any dispute under the scope of this Law occurs due to the current access contract then the Authority shall be entitled to initiate dispute resolution procedure between parties upon the request of any party and within the principles it will determine, and/or take other measures which it considers necessary in terms of public interest including determination of the interim rates or reject the dispute resolution request.
(2) In case that the parties do not reach an agreement during the dispute resolution process, the Authority shall be entitled to determine the provisions, terms and charges of the access contract, which constitute the subjects of dispute, within two months except for the specified exceptional cases. The determined provisions, terms and charges shall be applied until otherwise decided by the operators within the frame of the legislation and Authority regulations.
(3) Access contracts shall be submitted to the Authority after signing. The Authority is entitled to request from the operators to make amendments in the contracts in case of violation of the relevant legislation and Authority regulations. The operators are obliged to fulfill the amendment request of the Authority.
(4) Access contracts are public, except for trade secrets.
(5) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.

Reference access offer
ARTICLE 19 – (1) The Authority may impose obligation on operators who are obliged by the Authority to provide access, to submit their reference access offers. Operators subject to the obligation of submitting reference access offers shall submit their offers for the approval of the Authority within three months beginning from the imposition date of the obligation.
(2) The Authority may request from  the operators to make necessary amendments in their reference access offers, considering principles in Article 4 of this Law. Operators shall be obliged to make the amendments requested by the Authority in the prescribed manner and duration. In case that the operators do not make the amendments requested by the Authority in due time the Authority shall be entitled to make such amendments on its own initiative.
(3) The Authority shall approve offers which it considers eligible. The operators shall be obliged to publish their reference access offers which have been approved by the Authority and to provide access under conditions specified in their reference offers which have been approved by the Authority.
(4) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority.

Tariffs for access
ARTICLE 20 – (1) The Authority may impose obligation on operators, who are subject to the obligation to provide access, to set their access tariffs on cost basis. Upon request of the Authority, the obliged operators must prove that their tariffs are set on cost basis. 
(2) In case the Authority notices that the obliged operators have not set their tariffs as cost-oriented, the Authority shall be entitled to set their access tariffs as cost-oriented. Until it does so, the Authority shall be entitled to set the tariffs and/or to introduce price ceilings considering the implementations of other countries to the appropriate extent. It is obligatory to comply with the tariffs set by the Authority.

Accounting separation and cost accounting
ARTICLE 21 – (1) The Authority may impose accounting separation obligation on operators with significant market power in relevant market. Operators with accounting separation obligation shall be obliged to keep separate accounts for their fields of activities and business units within the scope of procedures and principles to be prescribed by the Authority regarding accounting separation and cost accounting.
(2) The Authority may audit the accounts of operators or have agencies to audit by granting authority for audit or impose obligation on operators to have their accounts audited by independent auditors. Agencies with audit authority or independent auditors shall be responsible for investigating and auditing within the frame of the provisions of this Law and the legislation regarding account separation and cost accounting. Authorized agencies and independent auditors shall be responsible for losses arising due to the misinformation and misleading information and convictions in their audit reports and losses which lead to the detriment of third parties. Expenses relating to the audits within the scope of account separation and cost accounting shall be afforded by the operators.
(3) The Authority may impose on operators to publish documents and information which are prepared within the scope of accounting separation and cost accounting obligations. If it deems necessary, the Authority may publish such documents and information on its own initiative. The scope of the documents and information to be published shall be determined by the Authority.
(4) The provisions related to this article shall be detailed by the Authority.

PART FOUR
Rights of Way
Scope of the rights of way
ARTICLE 22 – (1) The rights of way covers installation of any kind of electronic communications infrastructure and their supportive equipments under, above or over, public and private proprietary areas and the use of such properties for the purpose of installation, altering, disassembling, controlling, maintaining, repairing and etc. with a view to provide electronic communications services, within the frame of this Law.

Acceptance of the rights of way demand
ARTICLE 23 – (1) The provisions of reasonable and justified grounds are reserved, demands for rights of way shall be accepted on condition of not giving any damage to the property and not hindering consistently the use of rights on such properties, if such demands do not consist of without any options and economically non-proportional costs and if they are technically applicable.
(2) Public corporations and institutions evaluate the references for the demand of rights of way by giving priority and without any delays and conclude such procedure within sixty days. They act transparent without differentiation between the operators at similar conditions.

Priority of facility sharing and co-location
ARTICLE 24 – (1) Facility sharing and co-location shall be given priority in instances where any electronic communications network, for which facility sharing and co-location obligation has been imposed by the Authority, already exists on any property subject to the right of way as per the frame of this Law and Authority regulations.

Freedom of agreement
ARTICLE 25 – (1) The provisions of Turkish Civilian Act no.4721 are reserved, the operator and the rights of way of supplier shall be free to contract regarding the right of way, as long as the contract provisions are not contrary to the relevant legislation and Authority regulations. Operators, on demand of the Authority, shall be obliged to submit to the Authority agreement and annexes and amendments thereof as well as any kind of information, documents and communications.

Protection of environment
ARTICLE 26 – (1) It is fundamental that the trees and environmental assets which exist on the ways subject to the rights of way are protected while using the rights established as per the rights of way. The provisions of legislation regarding the protection of historical artifacts and cultural and natural heritages in implementing the rights of way are under legal guarantee. Applications for permissions regarding such issues shall be concluded within sixty days by the notified bodies.

Circumstances regarding other infrastructures
ARTICLE 27 – (1) Electronic communications network and their supportive equipments belong to operator shall be constructed in reasonable distance and manner so as not to give any damage to the sewage, water and gas canals, railways, electric facilities, other electronic communications network and suchlike infrastructure of the public service which already exist on the properties subject to the rights of way. Any operator who is obliged to construct new infrastructure and network shall act in coordination with the relevant public authorities. Under essential circumstances, the expenses resulting from the measures taken against the interruption of public services shall be covered by the party who retains the ownership of rights of way. All expenses originating from any kind of work pertaining to the rights of way shall be covered by the operator.

Obligations regarding the rights of way
ARTICLE 28 – (1) With a view to ensure the maintenance of activities in a safe and continuous manner the rights of way supplier shall allow the operator to take all necessary measures and to execute the works as long as the expenses are covered by the operator of rights of way.
(2) The rights of way supplier whilst exercising his rights shall be obliged to abstain from any kind of activity that will endanger or damage the electronic communications network and the activities of operator that he performs as per the rights of way.
(3) Operators who possess the rights of way shall be obliged to compensate the rights of way supplier's damages which arises from implementing of rights of way are also other damages which occurred except from the implementing of rights of way within a month at the latest.

Rights of way agreement in case of transfer of authorization
ARTICLE 29 – (1) In case of the transfer of authorization, with a view to prevent the interruption of public services the agreement of rights of way shall be valid under same terms and conditions between the rights of way supplier and the new operator, unless otherwise decided by the rights of way supplier.

Expropriation
ARTICLE 30 – (1) When the activities laid down in this Law necessitated, expropriation shall be established as per principles of Expropriation Act no. 2942 dated 4/11/1983, regarding real estates under the private domain. The Ministry's relevant decision for the necessity of expropriation shall stand for a public benefit decision and without the need for any other approval; the subsequent procedures shall be executed by the Ministry as per provisions of Expropriation Act. The possession of the expropriated properties shall pass to the Treasury and right of easement shall be established free of charge on such properties, on condition that such right of easement is limited with the authorization duration granted to the operator by the Ministry of Finance. In case of cessation or termination of the authorization, the right of easement granted in favor of the operator shall be abated by the real estate registration office upon request of the relevant revenue office or fiscal directorate and the properties subject to right of easement shall be transferred to the Treasury, without the need for any other procedure. Expropriation charges that were previously paid by the operator shall not be refunded.
(2) When the operator needs as regards for the activities provided for in this Law, he shall apply to the Authority for the establishment of right of easement or right to use of or to hire any property which is under the exclusive possession of Treasury or under State's possession and discretion. If such reference approved by the Authority, the Ministry signs right of easement, rights to use or lease agreement with the operator in return for the cost, as per its relevant legislation on condition that the agreement is limited with duration of the authorization. Such contracts entail a provision which stipulates that the validity of the contract is limited with the duration of authorization. The operator shall be obliged to pay for the right of easement, rights to use or hiring charges.

PART FIVE
Numbering and Internet Domain Names
National numbering plan
ARTICLE 31 – (1) The Authority prepares the national numbering plan and make the administration and management of national numbering resources in accordance with the plan considering the policies of the Ministry. Rules and procedures for management and administration of numbering resources, its efficient and effective use and revocation of numbering resources and other similar issues shall be determined by the regulation of the Authority. The Authority makes necessary planning in a manner that to find sufficient numbering resources for electronic communications services and/or network or infrastructure and it ensures the management of such resources in line with the fair, transparent and non-discriminatory principles.
(2) The Authority can make changes in national numbering plan in accordance with the regulation enabling the efficient and effective use of numbering resources or within the frame of new planning to be set forth by the relevant international organizations taking into account also the opinions of the operators. For the implementation of such changes, operators shall be given enough periods in accordance with international norms. Operators shall implement such changes and take necessary measures.
(3) The Authority may lay down conditions for the use and allocation of numbers, make changes or revoke allocated numbers due to the requirements of  public order and national security   the need for number capacity, regulations of international organizations of which the Authority is a member, and the international agreements to which the Authority is a side or in the case  where the number is not used in accordance with the Authority regulations. The Authority shall not be liable for any obligation arising from the regulations on this issue.
(4) Users of public telephony services including public pay phone service users, have right to access free of charge to the relevant administration authorized to answer the emergency call by dialing 112 and other emergency call numbers determined by the Authority. Within the principles determined by the Authority, operators are obliged to ensure the access of users to 112 and other emergency call numbers free of charge in line with the quality and scope of the services they provide and to inform the relevant authority about the location of users who requested emergency aid.

Number portability
ARTICLE 32 – (1) Operators shall be obliged to provide number portability in accordance with the regulations of the Authority. The Authority determines principles and procedures regarding the implementation of this obligation considering also the opinions of the operators. Operators shall make and implement necessary arrangements in their networks in accordance with the regulations of the Authority. Operators shall not have the right to demand any expenditure item which arises as a consequence of the arrangements they made in their networks within the scope of the operator number portability.
(2) Operators shall bear the system set up cost derived from the modifications to be made in their current systems or installation of systems in order to route the calls to the ported numbers or to provide number portability service. Reference database and similar systems shall be established and/or operated by the Authority or willing operators within the frame of regulations of the Authority. Such systems may be established and/or operated either by operators which are obliged to enable operator number portability or by third parties within the principles and procedures regulated by the Authority. The principles of cost sharing regarding such systems may be regulated by the Authority.
(3) The Authority shall take all necessary measures, to ensure the protection of the user and the users to enjoy the most benefit from the said services under best conditions within the scope of number portability.
(4) Provisions of Article 20 of this Law shall be applicable for charges that any operator imposes on other operators within the scope of operator number portability.
(5) Fees to be reflected to the subscriber directly within the context of number portability shall not impede the subscribers to take such services.
(6) The Authority may impose an obligation on operators to enable location portability or service portability. Procedures and principles regarding this obligation shall be regulated by the Authority by receiving the opinions of the operators.

Carrier selection and pre-selection
ARTICLE 33 – (1) The Authority may impose obligation on operators to perform carrier selection and pre-selection. Operators with significant market power in the relevant market may be obliged to perform carrier selection and pre-selection in their networks, within the frame of Authority regulations. The Authority regulates the principles and procedures of such obligation. The operators within the scope of carrier selection and pre-selection are obliged to make and implement necessary changes in their networks in accordance with the Authority regulations. Operators are not entitled to demand right for any expense item which arises as a consequence of the arrangements they made in their networks within the scope of carrier selection and pre-selection.
(2) Provisions of Article 20 of this Law shall be applicable for charges that any operator imposes on other operators within the scope of carrier selection and pre-selection.
(3) Charges to be reflected directly to the subscribers for carrier selection and pre-selection shall not be in the quality of preventing them to benefit from this service.
(4) A billing contract may be signed with a view to prevent double billing of the subscriber, between the operators which provide fixed or mobile telephone services that have the billing information of the subscribers and the other operators which provide service to the subscribers on such networks, and such contract shall not bring any additional cost to the consumer. The Authority is authorized for the determination of principles and procedures thereof.

Non-seizability and the continuity of communications services
ARTICLE 34 – (1) Regarding electronic communications services, usage of frequency, number and line allocated to users and beneficial interests and rights of use such as internet domain names, and the authorization of operators shall in no way be seized.
(2) Communications oriented to general security and public order whose scope has been determined by the Authority shall not be interrupted whatever the reason is.
(3) Unless relevant resolution is enacted by the Authority, Ministry or other notified bodies on electronic communications infrastructure, as per court decision or the relevant legislation, no intervention shall take place which results in the disruption of electronic communications.

Internet domain names
ARTICLE 35 – (1) Designation of the organization or institution that will allocate internet domain names and procedures and principles regarding the management of domain name shall be determined by the Ministry


CHAPTER THREE
Spectrum Management
Planning, assignment and registration of frequency
ARTICLE 36 – (1) Provided that the provisions of the relevant law regarding radio and television broadcasts are reserved:
a) National frequency planning, assignments of frequencies, international frequency coordination and registration procedures are carried out by the Authority, taking into account the international frequency planning and the decisions of international organizations so as to ensure the efficient and effective use of frequency bands and to prevent radio broadcasts from constituting electromagnetic interference on each other.
b) Those who are willing to install and operate radio equipments or systems must have their frequency assignment and registration procedures approved by the Authority. Yet, assignment and registration procedures shall not be carried out for frequencies which will be used in radio equipments or systems that operate without the need for any authorization or radio license as per Article 37 of this Law.
(2) Turkish Armed Forces, Undersecretariat of the National Intelligence Organization , Ministry of Foreign Affairs, Gendarmerie General Command, Coast Guard Command and Security General Directorate shall be given priority in frequency assignment as well as the needs thereof.
(3) Turkish Armed Forces and Radio and Television Supreme Board make and implement frequency planning in frequency bands allocated thereto, within the framework of national frequency plan.
(4) The Authority ensures coordination with the Ministry and with the relevant authorities regarding the assigned frequencies and bands, within the scope of new plans towards technological developments and the decisions of international organizations of which Turkey is a member. The Authority can make any kind of amendments including cancellation, in a manner not to result in infirmity as regards State security and intelligence. The Authority shall not bear any responsibility for the regulations made regarding such amendments.

Principles concerning permission for the installation and use of radio and radio license
ARTICLE 37 – (1) Provided that  the provisions of relevant law regarding radio and television broadcasts are reserved, users of radio equipments or systems that need assignment of frequency   in order to operate as per Authority regulations, are obliged to obtain radio license  and permission for the installation and use of radio. Users within this scope must have installed and used their radio equipments or systems in accordance with the Authority regulations and the radio license.
(2) Procedures and principles regarding the issuance of permission for the installation and use of radio; duration, renewal, alteration or cancellation of permission and radio licenses as well as the subjects which will govern the users in the installation, usage, transportation, alteration of operation types and transfer or demobilization of radio equipments or systems specified within this framework, shall be determined by a by-law which will be published by the Authority. Permissions for the installation and use of radio which are not subject to authorization are issued for five years at most. In case permissions and licenses are not renewed in due time, frequencies assigned for radio equipments or systems specified therein shall be revoked. Radio equipment users which are incorporated in the system of operators providing radio services, as long as authorized by the Authority, shall be exempted from the permission and licenses for the use of radio, within the framework of second paragraph of Article 46 of this Law.
(3) Radio equipments and systems that were specified in Authority regulations and approved by the Authority, which operate in frequency bands and output power allocated for specific needs and therefore do not need assignment of frequency for operation, can be used without the need for any permission or license for the installation and use of radio. 
(4) The Authority, considering standard values set by the national and international organizations, shall carry out independently or have any agency to carry out the determination, control and supervision of limit values for electromagnetic field intensity to be followed in the use of radio equipments and systems. Procedures and principles for the regulation of these activities shall be determined by a by-law which will be published by the Authority by taking the views of Ministry of Health and Ministry of Environment and Forestry. Facilities which are found in conformity with the limit values and safety distance determined by the legislation shall, without the need for any procedure, be installed and operated pursuant to the issuance of safety certificate by the Authority.

Allocation of satellite position
ARTICLE 38 – (1) The Authority shall carry out planning and assignment, international coordination and registration procedures regarding the satellite positions in coordination with the Ministry within the frame of international planning and criteria.

Coded and cryptographic communications
ARTICLE 39 – (1) Turkish Armed Forces, General Command of Gendarmerie, Coast Guard Command, National Intelligence Organization, Security General Directorate and Ministry of Foreign Affairs are authorized to make cryptographic communications by radio communications systems. Procedures and principles for making coded and cryptographic communications in electronic communications service of public institutions and organizations except from those which are under the body of above mentioned institutions and  natural and legal persons shall be determined by the Authority.

Spectrum monitoring and inspection
ARTICLE 40 – (1) Inspection of radio equipments or systems to check whether they were installed and operated in accordance with certain techniques and procedures, detection and elimination of electromagnetic interferences, ensuring coordination with security units about radio activities concerning State and individual safety within the scope of legislation, national and international spectrum monitoring, inspection and having third parties inspect the spectrum shall be carried out within the procedures and principles to be determined by the Authority.
(2) The Authority is entitled to perform spectrum management including spectrum planning and frequency assignment, registration and pricing as well as spectrum trading including the revocation of allocated frequency and resale thereof and to exercise the regulations necessitated by spectrum monitoring and inspection for the effective and efficient use of frequencies.
(3) If deems necessary, the Authority may have all its equipments, devices, systems and facilities that are used in spectrum monitoring and inspection activities, insured against any kind of risk for safety and preservation purposes.
(4) Within the relevant legislation, the Authority, with a view to perform national and international spectrum monitoring and inspection, may install and operate any kind of its equipments, devices and systems in locations where it seems fit or it may have such equipments, devices and systems installed and operated by a third party.
(5) Coast Guard Command is authorized to perform all kinds of inspection and spectrum monitoring tasks within the scope of this Law in nautical fields.



Procedures for foreigners
ARTICLE 41– (1) Radio equipments and systems which were installed or will be installed in accordance with contracts signed with foreign countries shall be subject to special provisions of such contracts, if available.
(2) Diplomatic embassies of foreign states in our country may be granted permission and license for the installation of radio equipments or systems on reciprocity basis, based on the appropriate view of the Ministry of Foreign Affairs.

Coast radio stations, maritime and aeronautical band radio systems
ARTICLE 42– (1) Installation and operation of radio communications systems including coastal radio stations which enable communications between marine vessels and the coast; and navigation safety communications by such radio stations shall be carried out by Directorate of Radio Operation under the body of Directorate General of Coastal Safety, without being subject to any authorization.
(2) Installing all kinds of radio communications systems including maritime and aerial band radio communications systems and navigation safety communications done by coastal radio stations and having third parties to construct, issuing permission for the use of such systems, licensing, assignment and registration procedures such as assigning call codes to maritime band radio communications and navigation systems, shall be carried out by Directorate of Radio Operation. The tariff regarding services which Directorate of Radio Operation is obliged to provide shall be determined upon the approval of its management board as per relevant legislation.

Amateur radio
ARTICLE 43– (1) Amateur Radio Certificate is issued for amateurs willing to perform amateur radio activities both in national and international scale, with a view to train themselves in the field of radio communications techniques on their own consent and willingness without minding any personal, material or political interest, in accordance with principles and charges determined by the Directorate of Radio Operation.

International coordination of aeronautical and maritime radio communications
ARTICLE 44– (1) International coordination and follow-up procedures pertaining to the tasks of Directorate of Radio Operation shall be carried out by the Authority within the scope of Article 42 of this Law.

Radio equipments used by foreigners in prohibited areas
ARTICLE 45– (1) Issuance of license and giving permission for installation and usage of radio equipments for transmitters, except from devices for transceiver, receiver and radio equipments for receiving radio and television broadcasts, to foreigners who are permitted to exist in prohibited areas, are up to the approval of the Turkish General Staff.

Radio fees
ARTICLE 46– (1), License and annual usage fees for radio equipments and systems and charges for technical examination and suchlike services as per this Law are specified in the attached tariff and such charges shall be registered as revenue for the Authority. Board of Ministers is entitled to add or remove any service item in the attached tariff and to determine the charges of new services upon the recommendation of the Authority and the resolution of the Ministry. When necessary, the Authority is authorized to reduce each charge item up to fifty percent of the first value or to increase the charges on condition that the new value will not exceed the re-valuation rate which is determined annually by the Ministry of Finance in relation with the previous year. 
(2) All kinds of radio equipments and systems, which are out of the scope of authorization since they are utilized by regulatory and supervisory bodies, village legal entities, Directorate General of Coastal Safety, Turkish red crescent, municipalities, Social Security Institution, public administrations and special budgeted administrations within the scope of general budget in tables (I), (II) and (III) that are enclosed to the Public Financial Management and Control Law dated 10/12/2003 no. 5018, and which are utilized by the embassies of foreign states determined by the Ministry of Foreign Affairs, shall be exempted from radio license and annual usage fees.
(3) Operators providing electronic communications services by means of being authorized by the Authority are obliged to collect from subscribers on behalf of the Authority the radio license and annual usage fees, which all kinds of subscribers are obliged to pay to the Authority including the operators' own systems as per this Law, and to transfer such charges to the accounts of the Authority as per procedures set forth by the Authority.
(4) Receivables of the Authority within the scope of this Article shall be deemed as the privileged receivables for the execution of Enforcement and Bankruptcy Law no. 2004 dated 9/6/1932. Collection of such receivables is subject to general provisions and shall be exempted from all kinds of tax, duty and judicial charges. Prescription period for these receivables is ten years.
(5) Radio license and utilization fees collected from the billed subscribers (except from pre-paid subscribers) of operators providing mobile electronic communications services shall be received on the basis of dividing fee amount into equivalent installments as of the month when subscription took place until the end of year.
(6) Radio license and usage fees for radio equipments and systems which are out of the scope of authorization shall be collected in advance, according to the license duration. In instances where radio license and usage fees are not paid at the end of period determined by the Authority within the framework of procedures and principles thereof, permissions and licenses for installation and use of equipments and systems aforementioned shall be revoked.


CHAPTER FOUR
Consumer and End User Rights
Right to benefit from services under same circumstances
ARTICLE 47– (1) Operators are obliged to provide electronic communications services with equal and non-discriminatory conditions to the consumers and end users that are under equivalent situations. Procedures and principles pertaining to this Article shall be determined by the Authority.

Protection of consumer and end user
ARTICLE 48– (1) The Authority determines the procedures and principles regarding the consumers' and end users' access to electronic communications services under equal conditions and regarding the protection of their rights and interests.

Provision of transparency and notification
ARTICLE 49– (1) The Authority may impose obligations on the operators towards publishing service options, quality of service, tariffs, tariff packages and enlightening of subscribers about similar issues with a view to ensure that end users and consumers take maximum benefit of these services and to offer services in conformity with the principle of transparency.
(2) Operators, without necessarily being requested, shall inform consumers under every circumstance regarding considerations that will affect their decisions especially when they are making choices between services and signing subscriber contracts, as per the principle of trustworthiness.
(3) Procedures and principles pertaining to the implementation of this Article shall be regulated by the Authority.

Subscription Contracts
ARTICLE 50 – (1) When subscribing to an electronic communications service, consumers are entitled to sign contract with the operator who provides such services. Subscription contracts shall at least cover issues such as; name and address of the operator providing electronic communications service, content of the services to be provided, levels of the quality of service offered and the anticipated duration for the accomplishment of the first connection, types of maintenance and repairing services that will be supplied, the scope of tariffs that will be implemented and in what ways the current information regarding tariff changes could be learned, terms for the duration, termination and renewal of the contract, procedures of compensation or reimbursement in instances where the offered quality of service could not be ensured due to the failure of the operator and the dispute settlement procedures in case of any conflict between the subscriber and the operator.
(2) The Authority, either on its own initiative or upon complaint, is entitled to request the subscriber contracts from operators, to review them and to notify the operator regarding the issues which are seem necessary to be altered. Operators are obliged to perform required  amendments in prescribed period in accordance with the Authority regulations.
(3) Provisions of subscriber contracts are void, where in case they may result in disparities against the subscriber and the contrary of the principle of trustworthiness regarding the rights and obligations of the sides arising from the contract.
(4) The subscriber is entitled to nullify the contract without paying any compensation after being notified by the operator that terms of subscriber contract have been altered. Operators shall be obliged to inform the subscribers regarding the amendments in subscriber contract at the latest a month before such amendments enter into force and declare that the subscribers are obliged to nullify the contract without paying any compensation in case they do not adopt such amendments. Subscribers, on condition of notifying in written, may any time terminate their subscription.
(5) In instances where unsolicited communication has been conveyed for the purposes such as direct marketing, political propaganda or transmission of sexual content messages by electronic communications means such as automatic dialing machines, fax machines, e-mails and short messages without the prior consent of the subscriber; the subscriber shall be entitled to reject such messages henceforth by simple means and free of charge.
(6) Procedures and principles pertaining to the implementation of this Article shall be regulated by the Authority.

Processing of personal data and protection of privacy
ARTICLE 51 – (1) The Authority is entitled to determine the procedures and principles towards the processing of personal data and the protection of its privacy regarding electronic communications sector.

           Quality of Service
ARTICLE 52 – (1) The Authority may determine parameters for the level of the quality of service and its content, type of information to be published by the operators and other considerations pertaining to the quality of service level so as to provide the accessing of consumers and end users to comprehensive, sufficient and apprehensible information regarding the level of the quality of service.
(2) Operators are obliged to provide any kind of information regarding   the quality of service parameters for electronic communications services to the Authority and to assure conformity to quality of service standards in due time and the requested manner. The Authority may either publish information sent by the operators regarding the quality of service or it may impose on operators to do so, within the procedures and principles regulated under its own authority. The Authority may also inspect the accuracy and conformity of such information to the standards for the quality of service level or have any third party to inspect thereof.
(3) The Authority may impose on operators to prepare service level agreements oriented to electronic communications services and electronic communications infrastructure or network components and to publish such agreements within due time and requested format. Furthermore, the Authority may request from the operators to make amendments, optimizations or corrections in their service level agreements. The operators are obliged to make such amendments, optimizations or corrections within due time prescribed by the Authority.
(4) In all circumstances, operators are obliged to ensure accurate billing and are under the burden of proof in case of any conflict regarding the content of the bill.
(5) The Authority determines the issues such as dispatch of bills, items necessary to be listed in bills, itemized billing, procedures to be applied for interruption of the service when the bills are not paid by the subscriber and the procedures and principles pertaining thereto.

CHAPTER FIVE
Notified Bodies and Market Surveillance
Notified bodies, market surveillance
ARTICLE 53– (1) Relevant provisions of Law no. 4703 shall be applicable in subjects such as; the conformity of equipments within the scope of this Law to relevant safety requirements and technical regulations to be published by the Authority, obligations of manufacturers and distributors regarding these issues, the Authority's terms of reference in market surveillance for such equipments and the responsibilities of notified bodies assigned by the Authority.
(2) The Authority, when deems necessary in terms of market surveillance activities, may utilize from the facilities of testing, examination and/or certification bodies which do not take part in conformity assessment processes of the equipment subject to surveillance; and it may put its own laboratory facilities to the service of those who demand for a fee and within procedures and principles defined under its own authority. The final decision on market surveillance is given by the Authority. If it is detected that the equipment is unsafe, testing and inspection charges shall be defrayed by the manufacturer.
(3) The Authority shall dispose or have third parties to dispose the electronic communication devices wholly or partly according to the risks they bear where it is impossible to make these devices safe and the expenses shall be defrayed by the manufacturer.
(4) The Authority regulates the procedures and principles pertaining to the notified bodies and market surveillance as per Law no. 4703 and the relevant technical regulations.

Certificate of competency
ARTICLE 54– (1) Real persons or legal entities without certificate of competency issued by the Authority shall not provide measurement and inspection services.
(2) The Authority regulates the procedures pertaining to the implementation of this Article as well as the charges for certificate of inspection competency.

Equipments with electronic identity register
ARTICLE 55– (1) Unless permitted by the Authority, specific information including subscriber's identity and communication data or electronic identity used for identifying the equipment shall not be reconfigured, altered, reproduced or distributed for any reason.
(2) It is strictly prohibited to import, manufacture, distribute, present and keep any equipment, boards, tools and materials whose electronic identity has been changed and any kind of software, tools or equipment used for changing electronic identity shall not be imported, manufactured, distributed or mediated.
(3) All kinds of equipment, boards, tools and materials whose electronic identity have been changed and any kind of software, equipment or materials used for changing electronic identity shall be confiscated as per provisions of Article 127 of Code of Criminal Procedure no. 5271 dated 4/12/2004.

Safety of subscriber and equipment identity register
ARTICLE 56 – (1) Without authority and consent, specific information including subscriber's identity and communication data as well as any kind of software, board, tool and material which has the equipment's electronic identity shall in no way be copied, kept, distributed or used for taking advantage on one's own or by third parties.
(2) False information and documents shall not be presented to the operator or the agency acting on behalf of the operator regarding subscriber information during subscription procedures.
(3) Subscription shall not take place until the copy of required identity cards are presented to the operators or the agency acting on behalf of the operator.
(4) Procedures and principles pertaining to the subscription shall be determined by a regulation of the Authority.

Technical conformity
ARTICLE 57– (1) Operators are not entitled to provide electronic communications services to lost, smuggled or stolen equipments. Nevertheless, original equipments that are registered to the CEIR and whose electronic identity have been copied, shall be put into service on condition of being used solely with the matched subscriber numbers.
(2) Operators are obliged to ensure the compatibility of their EIR systems with the Authority's CEIR and to ensure the security and reliability of the technical infrastructure and the system for continuous operations in order  to prevent the connection of illegal equipments, mentioned in the above paragraph, to their communications systems.

Call Center
ARTICLE 58– (1) The Authority may establish a call center for the procedures necessary for the pursuance of its duties assigned by this Law. It may either operate such a center on its own or have third parties to operate it. Subscriber whose communication equipment has been registered in the electronic identity systems of the Authority shall first apply to call center for disconnection request of his/her equipment from electronic communications network if his/her communication equipment has either been stolen, despoiled, lost or whatsoever out of his/her hand without his/her consent.

CHAPTER SIX
Inspection, Authority's Authority and Administrative Sanctions
PART ONE
Inspection
Inspection
ARTICLE 59– (1) The Authority shall be entitled to inspect or to have third parties inspect real and legal persons which are engaged in electronic communications sector, pertaining to the tasks prescribed by this Law on its own motion or upon notification or complaint. The Authority may carry out or have third parties carry out examination and inspections in situ, when it deems necessary whilst performing its tasks assigned to it by this Law. Administrative chiefs, law enforcement officers and the chiefs and officers of other public corporations are obliged to make due contribution and any kind of assistance to officials in charge of examination or inspection. Officials in charge of examination or inspection are obliged to keep a certificate of competency indicating the subject and the purpose of inspection and the administrative fine to be imposed in case of giving misinformation.
(2) Officials in charge of inspection shall, in the presence of the entities or their facilities which are subject to inspection, be entitled to examine all kinds of documents and assets including the registers, data stored in electronic environment, electronic communications infrastructure, equipments, systems, software and hardware; to take copy or sample, to request verbal or written explanation pertaining to the subject, to take necessary minutes and to examine the facilities and the operation thereof. Operators subject to inspection shall be obliged to take necessary measures so as to make any kind of assistance to the in-charge officials, to meet their requests regarding the abovementioned issues within due time, to keep their equipments, systems, software and hardware available for the inspection, to provide the infrastructure necessary for inspection and to take precautions for keeping such infrastructure in operating condition. Penal sanctions in accordance with this Law and the provisions of relevant legislation shall be imposed for those who act in otherwise direction.
(3) The Authority, whilst performing its tasks assigned to it by this Law, shall be entitled to request information and documents which it deems necessary for the performance of its tasks from public corporations and institutions, real and legal persons. The Authority may request personnel qualified in inspection from other public corporations and institutions, when necessary.
(4) The Authority may have the operators inspected within the prescribed principles. Authorized agencies and independent inspection corporations shall be responsible for the conformity of information, documents, reports and financial tables to this Law and to the provisions of the legislation and for the accuracy, examination and inspection of the accounts in accordance with generally accepted inspection procedures and principles. Such agencies shall be responsible for losses that which may arise due to misinformation, misleading information and convictions in their inspection reports and for losses which lead to the detriment of third parties due to their activities performed as per this Law.
(5)  Officials who are employed for inspection activities of the Authority shall be issued certification proving that they are authorized to act as independent inspectors in electronic communications sector, when their commissions are expired in the Authority. As long as such officials keep their status of not being deposed from their official duties due to criminal or disciplinary proceedings and as long as they meet the requirements laid down in sub-clauses no. (1), (4), (5) and (7) of paragraph (A) of Article 48 of State Officials Act no.657 dated 14/7/1965, they shall be entitled to act as independent inspectors in electronic communications sector after resigning from their position in the Authority.
(6) Procedures and principles pertaining to the implementation of this Article shall be determined by the Authority by a regulation.


PART TWO
Competence of Authority and Administrative Sanctions
Competence of Authority and Administrative Sanctions
ARTICLE 60– (1) The Authority shall be entitled to monitor and inspect the adherence to the legislation, right of use and other authorization requirements; to charge operators with administrative fine with the amount up to three percent of the previous calendar year's net sales in case of non-adherence, to take necessary measures for the enforcement of national security, public order or public services properly and for the implementation of provisions enacted by laws, if necessary to take over facilities in return for compensation and to revoke the authorization in case of a gross fault or in case the authorization fee is not paid in due time. Nevertheless, the Authority shall take the opinion of the Ministry in instances where authorizations regarding electronic communications services which cover the utilization of frequency bands allocated in national scale and which need to be provided by a limited number of operators, are need to be revoked.
(2) In case that the operator has just been engaged with electronic communications services, considering the criteria such as the quality of breach, whether any profit has been gained as a result of the breach, good will and voluntary declaration, the Authority shall be entitled to impose administrative fine with an amount from one thousand Turkish Liras up to one million Turkish Liras and other administrative sanctions prescribed in this Law, within the procedures and principles to be determined beforehand by the Authority.
(3) As regards the requirements of public service and, with a view to protect the public order the Authority shall be entitled to abort the operator's activities temporarily or to impose on operator to implement concrete measures in order to remedy the breach in instances determined beforehand by  by-laws
(4) Natural persons and legal entities signing subscriber contract with any operator providing electronic communications services shall be entitled to grant such services to third parties in return for due charges or free of charge, as is due for their activities.  Subscribers shall not offer the services they utilize to third parties for commercial purposes. Subscriber contract of those who act in contradiction shall be annulled.
(5) In instances where the operators do not make due notifications regarding their electronic communications facilities or where construct their facilities without safety certificate or where electromagnetic field intensity is found in non-conformity with the limit value set by the Authority after measurements carried out by the Authority or by the agencies authorized by the Authority; the owners of such facilities and equipments shall be charged with administrative fine for  each equipment separately, with the amount of fifty times of license charge prescribed in the tariff of charge attached to this Law. Provisions of this Article shall be applicable for also those who are exempted from radio license and annual utilization fees as per second paragraph of Article 46 of this Law. Administrative fines as per this paragraph may also be imposed by provincial organizations of the Authority.
(6) In cases where the first paragraph of Article 53 of this Law is breached, administrative fines prescribed for distributors, manufacturers and notified bodies in Article 12 of Law no. 4703, shall be imposed in an incremental manner starting from the fine amount up to four times thereof.
(7) The perpetrator who acts in defiance of the first paragraph of Article 57 of this Law shall be punished with administrative fine from ten thousand Turkish Liras to twenty thousand Turkish Liras per each equipment; perpetrator who acts in defiance of the second paragraph shall be fined with the amount up to ten million Turkish Liras.
( The Authority is entitled to impose administrative fines as per this Article.
(9) Considerations regarding the implementation of this Article and the administrative fines to be imposed in case of operators' failure to perform their obligations as per this Law shall be regulated by by-laws enacted by the Authority.

            Imposing and collection of administrative fines
           ARTICLE 61– (1) Administrative fines imposed by the Authority are subject to the provisions of Law no. 6183 and shall be paid to Authority accounts within thirty days as of the notification date. Fines which are not paid within such period shall be collected by the relevant tax office upon notification of the Authority as per provisions of Law no. 6183. Administrative Jurisdiction Procedures Law no. 2577 dated 6/1/1982 shall be applied regarding the lawsuits to be filed against administrative fines imposed by the Authority.
(2) The whole amount of the collected administrative fines shall be transferred to Authority accounts.

Right to sue
ARTICLE 62– The Council of State shall trial the lawsuits filed against the activities of Authority on the sector, as the court of first instance. The Council of State deems such lawsuits immediate actions. Decisions of the Board shall not be subject to the expediency inspection in the administrative inspection of the Authority.
(2) No warranty shall be requested for lawsuits filed by the Authority.

CHAPTER SEVEN
Penal Provisions
Penal provisions
ARTICLE 63– (1) Judicial fine for a term of thousand to ten thousand days shall be imposed for operators who provide electronic communications services and/or construct and/or operate associated facilities in defiance of the Article 9 of this Law without notifying the Authority.
(2)  Judicial fine for a term of five thousand days to fifteen thousand days and imprisonment up to six months shall be imposed for the operators who provide electronic communications services and/or construct and/or operate associated facilities in defiance of Article 9 of this Law without holding the right of use.
   (3) In instances where the personnel of any operator authorized to provide electronic communications services commit offense against the secret life and the secret parts of life regulated under Book Two, Chapter Two, Part Nine of Turkish Criminal Act no. 5237 dated 26/9/2004, sentences prescribed within this part shall be imposed. However, the punishment shall be multiplied by one as per Article 137.
(4) Judicial fine up to two thousand days shall be imposed for perpetrators who sell, construct, operate and utilize radio equipments or systems which are subject to permission and license for construction and utilization, in defiance of Article 37 of this Law without taking approval of the Authority. Perpetrators who utilize such equipments for the violation of national security even if they retain the required permits, shall be imprisoned for a term of six months up to one year and a judicial fine up to ten thousand days, unless their actions do not necessitate a more serious punishment.
(5) Judicial fine not less than one hundred days shall be imposed in instances where the persons authorized, permitted and allocated by the Authority commit;
a) Not taking measures within due time determined by the Authority, for the remedy of contradiction which they have caused by constructing , operating, changing physical location, frequency and other technical characteristics in defiance of the Institute regulations and radio license and by utilizing such systems out of purpose,
b) Not taking measures within due time determined by the Authority, for the remedy of electromagnetic interference or jamming factors when detected on other electronic communications systems in whatsoever manner, which they have caused by operating radio systems in defiance of the prescribed techniques and procedures set forth by the Authority regulations.
(6) Perpetrators who communicate by means of coded or cryptographic communication or who enable such communication in defiance of Article 39 of this Law shall be punished by judicial fine from five hundred days up to one thousand days.
(7) Judicial fine from one thousand days up to five thousand days shall be imposed for the perpetrators when it is detected that equipments which were returned to the manufacturer, distributor or user by the Authority so as to be disposed have supplied to market or used in defiance of third paragraph of Article 53 of this Law.
( Judicial fine up to five thousand days shall be imposed for perpetrators who act in defiance of Article 54 of this Law.
(9) Judicial fine from one thousand days up to fifteen thousand days shall be imposed for perpetrators who act in defiance of the first and second paragraphs of Article 55 of this Law.
(10) Perpetrators who act in defiance of the provisions of first paragraph of Article 56 of this Law shall be punished with judicial fine from one thousand days up to five thousand days, perpetrators who act in defiance of the provisions of the second paragraph shall be punished with judicial fine from twenty days up to one hundred days and perpetrators who act in defiance of the provisions of third paragraph shall be punished with judicial fine from one hundred days up to five hundred days.
(11) In case the misdemeanors identified under this Article have been committed within the activities of a criminal organization, the amount of fines shall be increased by the half of fine amount. If the committer of misdemeanor is a legal entity, it shall also be subjected to specific security measures described in Law no. 5237.

CHAPTER EIGHT
Final Provisions
Notification
ARTICLE 64– (1) Notifications of Ministry and the Authority to be conveyed to the persons concerned as per this Law shall be issued in accordance with the provisions of Notification Law no. 7201 dated 11/2/1959. 

References and implementation
ARTICLE 65– (1) References attributed to Telegraph and Telephone Law no.406 dated 4/2/1924 and to Radio Law no. 2813 dated 5/4/1983 in the other legislation pertaining to the service fields, as well as references attributed within the own entity of such Laws shall be deemed as being attributed to this Law.
(2) Provisions of other laws which contradict with this Law shall not be applicable.
(3) The expressions of "Telecommunication Authority" , and "Telecommunication Board" mentioned in the other laws and regulations refer  to "Information and Communication Technologies Authority" and "Information and Communication Technologies Board" .

Abolished provisions
ARTICLE 66– (1) Of the Law no. 406; except for paragraph one, paragraph seven and the first sentence of paragraph nine of Article 1; Supplementary Articles 17, 19, 21, 22, 23, 24, 28, 29 and 30; paragraph four and paragraph six of Supplementary Article 32, Supplementary Article 33; second paragraph of Supplementary Article 35; Supplementary Articles 36, 37; provisional clause 3, Articles 35 and 36 have been abolished together with the annexes and amendments thereof.
(2) Provisions of Law no. 2813; except for Article 5, Article 8 and paragraph one, paragraph two, paragraph three, paragraph five of Supplementary Article 2 and Articles 35 and 36 have been abolished together with the annexes and amendments thereof.
(3) Telegraph and Telephone Law no. 4502 dated 27/1/2000, Law on the Organization and Duties of the Ministry of Transportation, Radio Law, Law on Saving and Aid Fund of Post, Telegraph and Telephone Administration and Article 26, provisional clause 1, provisional clause 5, provisional clause 6, provisional clause 7, and provisional clause 8 of Law on Amendments to the Schedules annexed to Decree Law on General Staffing and Procedures have been abolished.
(4) Provisional clause 1, provisional clause 2 and provisional clause 4 of Law on Amendment to the Law on the Organization and Duties of the Ministry of Transportation and  Telegraph and Telephone Law no.4673 dated 12/5/2001, Law on Saving and Aid Fund of Post, Telegraph and Telephone Administration have been abolished.

Amended provisions
ARTICLE 67– (1) This paragraph amends the Law no.406. Amendments are issued in the related text.
(2) This paragraph amends the Law no.2813. Amendments are issued in the related text.
(3) Additional articles have been annexed to the Law no. 3348.
"Expert and Assistant Expert of Transportation and Communications
ADDITIONAL ARTICLE 2 – Experts and Assistant Experts of Transportation and Communications are employed under the body of main service units of the Ministry's central organization.
In order to be appointed as Assistant Expert of Transportation and Communications, besides meeting general requirements stipulated in Article 48 of Law no. 657 the following requirements must also be met:
a) To graduate from faculties which will be determined by the regulation, of law, political sciences, economy, business administration, economics and administrative sciences, communications, science; faculty of science and letters or faculty of engineering of the universities giving four years of graduate study at least, or from higher education institutions abroad whose equivalency to such departments are approved by Higher Education Board,
b) To get minimum (D) grade from Public Personnel Language Examination in terms of one of the foreign languages at least, determined by the regulation,
c) To be successful in the competition examination,
d) Not to be over thirty as of the first day of January of the year when the examination took place,
Personnel appointed as assistant experts as per paragraph two, shall be entitled to enter in the qualification test on condition of having worked minimum three years actually, possessing good qualification record every year  and their specialization thesis, whose subject will be determined by the units to employ them, are approved by thesis jury. Those who succeed in qualification test shall be appointed in Expert of Transportation and Communications positions.
Personnel who have not succeeded in qualification test, who have not entered in test without reasonable excuse despite having the right to enter, whose specialization thesis have not been approved or who possess poor qualification record shall lose the title of Assistant Expert in Transportation and Communications and be appointed to other positions in accordance with their qualifications.
Procedures and principles pertaining to the competition, thesis preparation and qualification tests of Assistant Expert in Transportation and Communications and pertaining to the working and education of Experts in Transportation and Communications and Assistant Experts of Transportation and Communications as well as the related issues shall be determined by a regulation.
ADDITIONAL ARTICLE 3- Positions laid down in the annexed table no. (III) have been abolished and the appendix to Decree Law on General Staffing and Procedures Thereof no. 190 dated 13/12/1983 has been removed from the table of Ministry of Transportation; positions laid down in the annexed table no (IV) have been created and annexed to the table no. (I) which is appendix to Decree Law no. 190, to the part pertaining to the Ministry of Transportation.
(4) The following provisional Article has been annexed to the Law no. 3348.
"PROVISIONAL ARTICLE 6- As of the date when this Law entered into force, among personnel who work in the Ministry and the relevant organizations and affiliated institutions to the Ministry as being subject to the Law no. 657, who are not over the age of forty five, whose last three year's qualification grade is eighty and more, who meet the education requirement to enter in the Assistant Experts of Transportation and Communications examination and who apply within one month after the Regulation to be enacted by the Ministry of Transportation as per additional Article 2 enters into force; those who have served minimum five years shall be appointed to Expert of Transportation and Communications positions within one year at most according to success rating as long as they meet the foreign language requirement prescribed in the Additional Article 2 and as long as they have succeeded in oral and written examination to be opened as per provisions of the mentioned regulation, with a stipulation that their number do not exceed one fifth of the created Experts of Transportation and Communications positions; those who have served minimum three years shall be appointed to Assistant Experts of Transportation and Communications positions within one year at most according to success rating as long as they meet the foreign language requirement prescribed in the Additional Article 2 and as long as they have succeeded in oral and written examination, with a stipulation that their number do not exceed one fifth of the created Assistant Expert of Transportation and Communications positions.
Those appointed to Transportation and Communications Assistant Expert positions in the abovementioned manner shall be subject to the provisions pertaining to the "qualification exam" as per Additional Article 2 of this Law.
Personnel who work in administrative positions superior to the head of department in the Ministry at the time when this Law is in force, shall be deemed as having acquired the title of Transportation and Communications Expert."
(5) Of the Law no. 657;
a) The expression "Assistant Experts of Transportation and Communications" has been annexed to clause (11) of paragraph (A) under "Common Provisions" part of Article 36 after "Assistant Experts of Culture and Tourism"; and "Expert of Transportation and Communications" has been annexed after "Expert of Culture and Tourism",
b) The expression "Experts of Transportation and Communications" has been annexed to clause (i) of "A-Specific Service Compensation" part under "II-Compensations" chapter of Article 152, after the expression "Experts of Culture and Tourism",
c) The expression "Experts of Transportation and Communications" has been annexed to clause (h) of "General Administration Services Class" part of Annex Indication Table no. (I) after the expression "Experts of Culture and Tourism."
(6) The name of Law no. 5369 has been amended as "Universal Service Law" and of this Law;
a) The expression "in electronic communications sector" in Article 1 has been amended as "in electronic communications sector and other fields laid down within the scope of this Law",
b) "Authority", "Universal service", "Incumbent Universal Service Provider" and "Operator" definitions in Article 2 have been amended as follows and the following "Infrastructure", "Maritime communications services", "Operator of passenger transportation by sea" and "Navigation safety communications services" definitions have been annexed in turn in order after the definition of "Operator",
"Authority means Information Technologies and Communications Authority,
Universal service means electronic communications services including internet access and other services to be determined within the scope of this Law, which are accessible by anyone within the borders of Turkish Republic disregarding geographical position and which will be offered in pre-determined quality and minimum standards in return for a reasonable charge that anybody can afford,
Incumbent Universal Service Provider means any operator in electronic communications sector who has been authorized by the Authority as per relevant legislation and who is liable to provide services within the scope of this Law,
Operator means the operators authorized by the Authority or other relevant authorities according to the relevant legislation, responsible for services taken under the scope of this Law,
Infrastructure means any kind of outfit, equipment, computer, software and hardware used first of all for the purpose of creating a physical environment when necessary, for enabling service so as to provide universal service,
Maritime communications services mean communications services conducted as transmission of sound and data between ship-land and ship-ship by using radio systems via coast radio stations,
Operator of passenger transportation by sea means any operator, who carries out the passenger transportation between mainland and the island upon receiving line permit from the Undersecretariat of Maritime Affairs,
Navigation safety communications services mean radio broadcast services as sound and data transmission so as to ensure safe navigation of any kind of marine vessels,"
c) The following paragraph has been annexed to Article 4,
"Incumbent Universal Service Provider is not necessarily requested for the extensity of information technologies, internet infrastructure and the purchase and assembly of infrastructural equipment which are necessary for terrestrial digital broadcasting and for passenger transportation provided by sea."
ç) The expression "Basic" in clause (e) of the first paragraph of Article 5 has been removed from the Article text; clause (f) has been amended as "passenger transportation services to settlements where transportation is provided by sea" and clause (g) has been annexed after this clause,
"g) Maritime communications and navigation safety communications services,"
d) Clause (a) of first paragraph of Article 6 has been amended as "Undersecretariat of Treasury, until the end of the month following the date when 2% of the authorization fee due to authorizations issued by the Authority is settled to its accounts", clause (b) has been amended as "Türk Telekom and operators other than those who are obliged to pay Treasury contribution, 1% of the annual net sales revenue, until the end of April of the following year; the operators, despite of the obligation to pay Treasury contribution due to their activities, who also carry out services which do not require the payment of Treasury contribution, 1% of the annual net sales revenue, until the end of April of the following year".  Clause (c) has been amended as "Operators who are obliged to pay Treasury contribution, 10% of the contribution, within the month of settlement", and the expression "as per Telegraph and Telephone Law no. 406 dated 4.2.1924 and Radio Law no. 2813 dated 5.4.1983" in paragraph (d) has been removed from the Article text,
e) Second sentence of the first paragraph of Article 7 has been amended as "However, in calculation of the universal service net cost, the evaluation must be carried out considering the other revenues that the operators will earn for being Incumbent Universal Service Provider" and the following paragraph has been annexed to this Article.
"The requirements of net cost and being a Incumbent Universal Service Provider stipulated in this Law shall not be requested for the purchase of; infrastructure services towards the dissemination of information technologies with a view to contribute to the development of information society including computer literacy and purchase of infrastructure services towards the provision of digital broadcasting, which is provided by various broadcast mediums and technologies, by terrestrial digital transmitters in a manner to cover all the settlements in our country and the purchase of similar facilities which necessitate the installation of specific infrastructure."
f) The following additional article has been annexed to Law no. 5369.
"ADDITIONAL ARTICLE 1- In the implementation of clause (b) of first paragraph of Article 6 of this Law regarding the universal service revenues, time-based proportional share principle shall be applied as of the start and termination date of the authorization, in determination of the annual net sales revenue of the operators. The date of 25/6/2005 shall be taken as basis in the implementation of abovementioned provision and of the exception provision regulated under the second paragraph of Article 7 of this Law."
(7) The following paragraph "The Presidency may object to the judicial decisions which are sent thereto for the execution of procedures, as per provisions of Code of Criminal Procedure no. 5271 dated 4/12/2004" has been annexed to Article 8 of Law no. 5651 as paragraph thirteen and to the mentioned Law;
a) The following additional article has been annexed.
"ADDITIONAL ARTICLE 1- (1) Fundamental and continuous tasks and services imposed on Telecommunications Communications Presidency are performed by occupational personnel and other staff consisting communications chief expert, communications expert, technical expert, administrative expert and communications assistant expert, technical assistant expert and administrative assistant expert. In the Presidency: Personnel working in president, head of department, consultant and occupational personnel positions  must be graduated from faculty or departments of electronic, electric-electronic, electronic and communications, industry, physics, mathematics, computer, telecommunications and business administration engineering for engineering field;  faculty or departments of political sciences, economics and administrative sciences, economy, law, business administration and communication for social sciences field or from faculties abroad whose equivalency to the abovementioned faculties or departments  are approved by the notified bodies; or besides graduating from the specified departments, they must have studied for master's degree or doctorate in the mentioned fields, personnel working in expert titled positions must have bachelor's degree, other personnel must be graduated from high school or the equivalent, at least. Those graduated from Security Sciences Faculties may also be appointed to head of department positions. Of the Presidency personnel; heads of departments shall be appointed by the Board upon the proposal of Telecommunications Communications President and the assent of Chairman of the Board; other personnel shall be appointed by Chairman of the Board upon the proposal of Telecommunications Communications President.
(2) In order to be assigned as assistant experts, it is a must to graduate from faculty or departments laid down above, to enter central competition examination, to know at least one of the specified foreign languages in required level, not being over thirty as of the first day of January of the year when the Authority examination took place and to be successful in such examination.
(3) Personnel, who work as assistant experts, on condition of having worked three years at least and possessing good qualification record, may be appointed as communications expert upon the approval of their thesis. Such personnel's degree of office shall be promoted one grade for only once. Personnel who fail in thesis justification and in qualification exam twice times shall loose the title of assistant expert and be appointed to positions according to their qualifications.
(4) Other provisions pertaining to the entrance and qualification tests, working procedures and principles of experts and assistant experts shall be determined by the Authority regulation.
(5) Positions listed in this Law and the annexed table no. (V) have been created and annexed to the list no. (I) which is the appendix to Law no 5651, in order to be employed in the services of Telecommunications Directorate."
b) The following provisional article has been annexed.
"PROVISIONAL ARTICLE 2- Among the personnel working in Telecommunications Directorate positions who meet educational requirements prescribed in Additional Article 1 may be appointed as communications experts within five years as of the publication date of this Law, on condition that they have completed three years of public service, they received minimum 60 from Public Personnel Language Examination or the equivalent grade from internationally accepted examinations, and on condition that their thesis is approved. Among such personnel, those who have been assigned in other public corporations and institutions by succeeding in competition examinations in line with the specific legislations thereof, and who have been appointed as occupational career personnel upon succeeding in the qualification test and approval of the thesis, may be appointed as communications experts as long as they meet the requirement for foreign language; and among such personnel who have completed master's or doctorate studies may be appointed directly as communications experts as long as their master's or doctorate theses are determined to be relevant with the fields of duty of the Authority or the Presidency, and of such personnel who have bachelor's degree may be appointed as communications experts, on condition of meeting foreign language requirement.
(2) The personnel of Telecommunications Directorate, who have bachelor's degree may be appointed as technical expert or administrative expert in accordance with their educational background within five years as of the publication date of this Law, on condition of completing three years of public service, meeting the requirements prescribed in the regulation to be enacted and being approved of their thesis or having graduate or doctorate degree."
Implementation
PROVISIONAL ARTICLE 1 – (1) Until the enforcement of regulations suggested by this Law, provisions of the current regulations which are not contrary to this Law shall continue to be implemented. The Authority may authorize as per the current legislation, until the provisions laid down in Chapter Two Part One of this Law regarding authorization enter into force. The operators shall continue to retain the rights of way which they hold in accordance with the relevant legislation, until the enforcement date of this Law. 
(2) The provision of Article 61 shall be applied for administrative fines which have not been collected yet and which were decided by the Authority before the enforcement of this Law.
Transitional period for existing authorizations
PROVISIONAL ARTICLE 2 – (1) Operators who were authorized by telecommunication license or general authorization before the enforcement of this Law shall be regarded as having notified the Authority as per this Law and having received the right of use which is limited with the duration of their authorizations, when required.
(2) Authorization and concession agreements signed with the Authority before the enforcement of this Law shall continue to be valid as per their current provisions until their termination due to their expiration, annulment, cancellation of the agreement or in case of a termination for any other reason whatsoever. Definitions in the last paragraph of Article 1 of Law no. 406 shall continue to be valid for the implementation of such paragraph regarding the subject of the relevant agreement.
(3) The right of use of sources for which the Authority has granted permission for the installation and utilization of systems shall continue to be valid for electronic communications services which were not subject to authorization before the enforcement of this Law.
Renewal of radio licenses
PROVISIONAL ARTICLE 3 – (1) Except from public corporations and institutions which use radio equipments and systems in accordance with the authority granted by specific laws; public corporations and institutions, natural persons and legal entities which have been using radio equipments and systems before the enforcement of this Law shall apply to Authority within six months as of the publication date of regulation specified in Article 37 of this Law, with the necessary documents and make their situation appropriate for this Law.
(2) The Authority, upon examining the situations of abovementioned public corporations and institutions, natural persons and legal entities shall renew the radio licenses of those which it deems suitable. The Authority shall revoke the licenses of those which are not suitable and who have not applied in due time.
(3) Except from the receivables accrued within the operators' liabilities to collect and to pay to the Authority as per their authorizations and specific protocols regarding the collection of radio usage and license fees within the frame of Law no.2813; the collection of the Authority's receivables; which have not been collected whatever the amount is or the collection of which is impossible whatever the ground is, which have accrued due to the equipments of radio installation and systems that are utilized by administrations included in the scope of general budget, supplementary budgeted administrations, special provincial administrations, municipalities and village legal entities and which have arisen due to the implementation of Law no. 2813 before the enforcement of this Law; as well as the receivables and accessory receivables with the amount of one hundred fifty Turkish liras and the less which have accrued for all kinds of equipments of radio facilities and systems that are utilized by natural persons or legal entities except from those which have been finalized by adjudication shall be deemed as renounced without the need for any procedure. Legal procedures and trials filed for such receivables shall be cancelled.

Task agreements and transfer
PROVISIONAL ARTICLE 4– (1) The task agreement signed between the Authority and the Directorate General of Coastal Safety shall be deemed as annulled without the need for any procedure; and services defined under such task agreement and the tasks imposed on the Directorate of Radio Operation by this Law shall continue to be implemented without being subject to any authorization. Directorate General of Coastal Safety shall continue to be regarded as universal service obligator operator within the scope of Law no. 5369.
(2) All rights, receivables, debts, agreements, commitments and liabilities of the Authority and executive proceedings and follow-up lawsuits that are filed in favor of or against the Authority pertaining to the tasks and works which were transferred to the Directorate of Radio Operation in accordance with Articles 42 and 43 of this Law, shall be transferred to the Directorate of Radio Operation within six months as of the enforcement of this Law upon protocols held between the Directorate General of Coastal Safety and the Authority. All kinds of assignment, transfer and transition procedures regarding such transfer and all kinds of contracts, protocols or papers to be arranged in accordance therewith shall be exempted from financial obligations such as duty, charge and taxes including value added tax and stamp tax.

Updating of subscriber registries
PROVISIONAL ARTICLE 5– (1) All subscriber registries kept by the operators which provide GSM mobile telephone services, shall be updated within one year as of the publication of this Law so as to ensure that the registries comprise appropriate, correct and updated information. Within this scope, subscribers whose information and documents are faulty or deficient shall apply to the operator with their identity cards within such period. During application, individual subscribers shall be requested Turkish Republic identity numbers and corporate subscribers shall be requested taxpayer identification numbers in addition to the copy of their identity cards. Electronic communications network connection of the lines whose information has not been updated as per this article shall be cut off.
(2) End users identified in this Law are entitled to sign subscriber contract with the relevant operator in order to register the lines they use, on their name within the specified period and for only once, without being subject to any financial liabilities such as tax, duty and charge. The rights of former subscribers of the mentioned lines to object such procedure within one year of prescription period are legally guaranteed.
(3) Regulations pertaining to the implementation of this Article shall be set forth by the Authority.

Enforcement
ARTICLE 68 – (1) Provisions in Chapter Two Part One of this Law regarding authorization shall enter into force in six months after the publication of the Law, other provisions shall enter into force on the date of publication of the Law.

Execution
ARTICLE 69 – (1) Council of Ministers shall execute the provisions of this Law.

RADIO FEES

1.  RADIO LICENSE FEES

a.  Radio transmitter-receiver equipments (per each terrestrial equipment, registered in license)

1)  Mobile radio (Vehicle/mobile/hand)
20.00 TL
2)  Repeater (fixed/mobile) radio
100.00 TL
3) Fixed radio
50.00 TL
b.  Terrestrial mobile (cellular) radio telephone system

1)  Per each base station
100.00 TL
2)  Per each subscriber in the system
10.72 TL
c.   Point to multipoint access systems

1)  Per each base station
100.00 TL
2)  Per each subscriber in the system
10.00 TL
d.   Common used (trunking, community repeater and so forth) radio systems (per  each equipment registered in the license)

1)  Per channels of central station or repeaters
50.00 TL
2)  User radio equipments (per equipment)

a)  Fixed radio equipment
25.00 TL
b)  Mobile radio (Vehicle/mobile/hand)
10.00 TL
e.  Radiolink systems

1)  Per each equipment in the system
100.00 TL
f.   Satellite broadcasting and communications systems (except from those used as mounted in maritime vessels and aircrafts)

1)  Per satellite (space) station transponder
10,000.00 TL
2)  Fixed satellite main land station
1,000.00 TL
3)  Fixed satellite land terminals
50.00 TL
4)  Mobile satellite land  terminals
40.00 TL
5)  Mobile satellite subscriber terminals (receiver/transmitter)
25.00 TL
6)  Data satellite receiver
10.00 TL
7)  Satellite mobile (cellular) radio telephone subscribers' equipments (per equipment)
15.00 TL
2.   RADIO USAGE  FEES ( PER YEAR)

a.  Terrestrial Radio Systems

1)  LF, MF and HF radio systems (per channel in each equipment registered in the license)
100.00 TL
2)  Terrestrial VHF, UHF and SHF radio systems

a)   Per fixed and mobile radio equipment in the system, separately for each frequency allocated channel
(Each 12,5 kHz bandwidth is accepted as a channel.)

1)  Per each simplex channel
10.00 TL
2)  Per each simplex role channel
20.00 TL
3)  Per each duplex channel
30.00 TL
4)  Per each duplex role channel
40.00 TL
b)  Per each repeater equipment registered in the license
20.00 TL
b.  Terrestrial mobile (cellular) radio telephone systems

1) Per each channel (TRx in the station) from each fixed radio (base) station (to be received every year in accordance with bandwidth allocated to system) 

a)  Up to (including) 200 kHz
40.00 TL
b)  Between (including) 201 kHz-1.25 MHz
125.00 TL
c)  Between (including) 1.25-5 MHz
500.00 TL
d)  Higher than 5 MHz
1,200.00 TL
2)  Per each subscriber in the system
10.72 TL
c.    Point to multipoint access systems from single spot  (per each year) according to bandwidth of channel frequency assigned to the system

1)  From each fixes radio (base) station (to be received each year according to bandwidth allocated to the system)

a)  Including 2 MHz
40.00 TL
b)  2 MHz-7 MHz (included)
80.00 TL
c)  7 MHz-28 MHz (included) 
160.00 TL
d) 28 MHz-56 MHz (included)
320.00 TL
e)  56 MHz-140 MHz (included)
640.00 TL
f)  140 MHz-250 MHz (included)
1,280.00 TL
g)  250 MHz and over
2,560.00 TL
2)  Per each subscriber in the system
     10.00 TL
d.  Common used (trunking, community repeater and so forth) radio systems

1)  Per channels of central station or repeaters
40.00 TL
2)  In user's radio equipments (per equipment)

a)  Per each simplex relay channel
20.00 TL
b)  For each simplex channel (per equipment)
10.00 TL
e.  Radiolink systems, (for each year) per equipment according to bandwidth of channel frequency allocated to the system 

1)  Including 2 MHz
8.00 TL
2)  2 MHz-7 MHz (included)
24.00 TL
3)  7 MHz-28 MHz (included)
48.00 TL
4)  28 MHz-56 MHz (included)
96.00 TL
5)  56 MHz-140 MHz (included)
192.00 TL
6)  140 MHz-250 MHz (included)
640.00 TL
7)  250 MHz and over
1,280.00 TL
f.   Satellite broadcasting and communication systems (except from those used as mounted in floating vessels and aircrafts)

1)  Per satellite (space) station transponder
10,000.00TL
2)  Fixed satellite main ground station
1,000.00 TL
3)  Fixed satellite ground terminals
50.00 TL
4)  Mobile satellite ground terminals
40.00 TL
5)  Mobile satellite subscriber terminals (receiver/transmitter)
25.00 TL
6)  Data satellite receiver
10.00 TL
7)  Satellite mobile (cellular) radio telephone subscriber  equipments (per equipment)
15.00 TL
3.  FEES FOR TEMPORARY PERMISSION FOR INSTALLATION AND USAGE OF RADIO

a. Permission fee (for each permission valid for 6 months)

a)  Temporary  permission fee for trial purposes
500.00 TL
b) Temporary permission fee for usage in temporary organizations/activities

      1) Broadcasting auxiliary systems (Wireless camera, Video Link, Voice Link, SNG, and so forth)
500.00 TL
      2) Other Radio systems
250.00 TL
b. License and usage fee for the permitted radio system shall be collected separately. License fee is collected in whole amount.   Usage fee is collected in installments. Month fractions are completed to the whole month.

4.   CHARGES FOR EXAMINATION OF CONFORMITY TO STANDARDS AND TESTS

a) For samples brought from abroad, prototype equipments manufactured in Turkey and for equipments tested by taking samples from import and manufacturing, whatever the test result is (per equipment)

    1) Radio receivers-transmitters
100.00 TL
    2) Radio transmitters
50.00 TL
    3) Radio receivers
50.00 TL
b) For imported and manufactured equipments which are for personal use, whatever the test result is (per equipment)

    1) Radio receivers-transmitters
40.00 TL
     2) Radio transmitters
20.00 TL
     3) Radio receivers
20.00 TL
5. ELECTROMAGNETIC FIELD INTENSITY MEASUREMENTS TOWARDS THE DETERMINATION OF SAFETY DISTANCE, SAFETY AND CERTIFICATES OF COMPETENCY

a. Safety Certificate
25.00 TL
b. Measurement upon demand for safety certificate (per measurement)
500.00 TL
c. Certificate of Competency for measurement  (valid for two years)
1,500.00 TL
TABLE NO. (I)
OF THE CREATED POSITIONS

AUTHORITY: INFORMATION TECHNOLOGIES AND COMMUNICATIONS AUTHORITY
ORGANIZATION: CENTRE

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



TABLE NO. (III)

OF THE ABOLISHED POSITIONS

AUTHORITY: MINISTRY OF TRANSPORTATION
ORGANIZATION: CENTRE

CLASS
TITLE
GRADE

QUANTITY
GİH
Civil Servant
5

7
GİH
Civil Servant
7

2
GİH
Bailee
5

1
GİH
Bailee
10

1
GİH
Typist
5

2
GİH
Typist
8

1
GİH
Typist
9

1
GİH
Typist
10

1
GİH
Driver
7

3
GİH
Driver
10

1
GİH
Driver
11

2
TH
Engineer
1

4
YH
Servant
5

7
YH
Servant
6

3
YH
Servant
7

16
YH
Servant
8

6
YH
Servant
9

2
                                                           
                        TOTAL                                                                              60


TABLE NO. (IV)

OF THE CREATED POSITIONS
         

AUTHORITY: MINISTRY OF TRANSPORTATION
ORGANIZATION: CENTRE

CLASS
TITLE
GRADE
QUANTITY
OF FREE STAFF
OVERALL
GİH
Expert of Transportation and Communications
1
8
8
GİH
Expert of Transportation and Communications
2
7
7
GİH
Expert of Transportation and Communications
5
8
8
GİH
Expert of Transportation and Communications
6
7
7
GİH
Assistant Expert of Transportation and Communications





8
30
30

TOTAL

60
60




TABLE NO. (V)

OF THE CREATED POSITIONS

AUTHORITY: INFORMATION TECHNOLOGIES AND COMMUNICATIONS AUTHORITY
ORGANIZATION: CENTRE

CLASS   TITLE                                                               GRADE     QUANTITY
GİH        Assistant Expert of Communications       8           25
              OVERALL                                                                               25

LAW ON THE COURT OF ACCOUNTS

Law No. 832

Enacted on: 21/2/1967

Published in Official Gazette on: 27/2/1967 # 12 538



PART ONE

Structure



The Functions and Powers of the Court of Accounts

Section 1 – The Court of Accounts shall be charged with auditing, on behalf of the Turkish Grand National Assembly, the revenues, expenditures, and property of the government offices financed by the general and annexed budgets; taking final decision by trying the accounts and acts of the responsible officials; and performing other tasks conferred on it by various laws in matters related to examining, auditing and passing judgement.



Judicial and executive organisation of the Court of Accounts

Section 2- The following shall be the judicial and executive bodies of the Court of Accounts:

a) Chambers
b) Board of Chambers
c) Board of Appeal
d) General Assembly
e) High Disciplinary Board
f) Board for Officials' Selection and Disciplinary Matters
The Court of Accounts shall include the Prosecutor as the representative of the Treasury.



Personnel of the Court of Accounts

Section 3- The Court of Accounts shall consist of:

1. The Professional Personnel:

a) The President, Chairmen and Members of the Chambers
b) (Repealed by Section 17 of Law 1260:)
c) Rapporteurs,
d) Principal Auditors, Senior Auditors, Auditors and Assistant Auditors,
2. Administrative personnel:

a) (Repealed by Section 17 of Law No. 1260)
b) Directors, Assistant Directors and employees
3. The Prosecutor and Assistant Prosecutors



PART TWO



Qualifications of the President and Members

Section 4- (As amended by section 3677/1 on 1/11/1990)

The President and the Members of the Court of Accounts are required to have completed a four-year institution of higher education in addition to possessing one of the qualifications listed below:

A. Requirements for the President:

The candidate should previously have served as a/an:

a) Chairman or Member of a Chamber of Court of Accounts.
b) Minister, Under-secretary, Assistant Under-secretary or Governor,
c) General Director or President of agencies financed by General or
Annexed Budgets or other public organisations,
d) Chairman of a Ministerial Inspection Board or chairman of the Board of Accounts Experts of the Ministry of Finance and Customs,
e) Professor of law, economics, business administration, accounting, public finance or public administration,
B. Requirements for Members:

Candidates should previously have served (as a/an):

a) Assistant Prosecutor or Auditor of the Court of Accounts who has successfully worked for four years after being promoted to class one and still holds this position.
b) Prosecutor of the Court of Accounts,
c) In positions fall within section (4) (A) (b), (c), (d) above,
d) (Annex: 4/7/1996 - Section 4149/1) Auditor or inspector attached to the respective central audit units of the Ministries of Finance, Internal Affairs or the Under-secretariat of Treasury, provided that he served twenty years in public service after receiving a BA degree from an institution of higher education.


Election of the President

Section 5- (Amended by Section 4149/2 on 4/7/1996)

The President of the Court of Accounts shall be elected by the Turkish Grand National Assembly by secret ballot(s) from among two applicants who are eligible under annex 8 of this law and have been nominated by the Ad Hoc Committee for Pre-election of the President and the Members of the Court of Accounts.

The President shall be elected by absolute majority of those present, which shall be more than one fourth of the total number of members of the Turkish Grand National Assembly.

The term of office of the President shall be seven years. He may be eligible for re-election at the end of his term. The term of office of the President who has not been elected or has not run for office shall continue until the new President takes office. Notwithstanding the availability of cadres, the President whose term has ended shall continue to serve as a Member of the Court of Accounts, the first Member cadre fell vacant shall be assigned to him.



Election of Members

Section 6- (as amended on 4/7/1996 with Section 4149/3)

Of the total number of seats vacant, three fifths shall be elected from among professional personnel of the Court of Accounts and the remaining shall be elected from among the applicants whose tenure referred to in Section 4 (B) (b), (c) and (d), providing half of the quota at the minimum is given to the staff of the Ministry of Finance. In the application of these proportions, if one remains as a fraction after the whole number, this shall be included in the Court of Accounts' quota, while the remainder is two, then one shall be included in the Court of Accounts' quota and the other in the Ministry of Finance's.

When the number of seats vacant reaches five, within seven days, the Presidency of Court of Accounts shall call an election through the Official Gazette and other means of communication. Applications shall be addressed to the Court of Accounts. The duration of application shall be one month from the fist day of the announcement about the election.

The General Assembly of the Court of Accounts, after having carried out an examination on the records of the applicants, shall elect by absolute majority of those present and by secret ballot four candidates for each vacant seat from among those qualifying in accordance with this law. The election of candidates shall be finalised within thirty workdays following the expiry of the period for application. The Court of Accounts shall submit the results of the election to the office of the Speaker of the Turkish Grand National Assembly within three days following the election. If the election is not completed within thirty workdays, the President of the Court of Accounts shall submit the list of applicants, indicating their quotas, to the Turkish Grand National Assembly. In this case, the election of candidates shall be done pursuant to the following subsection.

Out of the list of applicants reported by the Court of Accounts, candidates amounting to twice the number of vacant seats, within the quota proportions as described in the first subsection of this Section, and in accordance with Annex 8, shall be submitted to the Turkish Grand National Assembly. A combined ballot shall be prepared containing separate lists for each group of candidates showing quota to which they belong. The voting shall be carried out by marking the special space across the names. Those votes exceeding the number of vacant seats shall be considered null and void. Those received the highest number of votes within a quota shall be elected.



Security of tenure of the President and the Members

Section 7- The President and the Members of the Court of Accounts can not be dismissed. Unless they so desire, they can not be retired before the age of 65 (The provision of Section 95 is reserved).

The office of those convicted of an offence that requires dismissal from public service shall be automatically terminated. Those, who are incapacitated for the reasons of health, certified by medical report issued by an official board of health, shall be removed from office by a decision of the General Assembly of the Court of Accounts.



Qualifications and appointment of prosecutors and assistant prosecutors

Section 8- (As amended by Law no. 1260, Section 1) The Prosecutor of the Court of Accounts and his assistants, having received the opinion of the President of the Court of Accounts and upon the proposal of the Minister of Finance, shall be appointed by a joint government decree.

It is required that they be graduates of the following: The Faculty of Law, the Faculty of Political Science, the Faculty of Economics, Academies of Economical and Commercial Sciences or one of the educational institutions in Turkey or abroad whose equivalence to aforesaid schools has been certified by the Ministry of Education and have successfully worked for a period of at least ten years in the fields of finance and economics following the graduation.



Qualifications and appointment of Rapporteurs and Auditors

Section 9- Rapporteurs, principal auditors, senior auditors and auditors shall start their career as an assistant auditor.

The Assistant Auditors shall be appointed by the President of the Court of Accounts from among applicants who are the graduates of the following: The Faculty of Law, the Faculty of Political Science, the Faculty of Economics, Academies of Economical and Commercial Sciences or one of educational institutions in Turkey or abroad whose equivalence to aforesaid schools has been certified by the Ministry of Education, and have passed the competitive examination given for the post.

In order to take the examination candidates must be younger than thirty-one years of age and must have the qualifications as required by Section 48 of the State Personnel Law.

The probationary period is one year at the minimum while the maximum is two at the end of which:

Those who are considered suitable for service, in view of their knowledge, diligence, moral qualities shall be appointed as assistant auditor upon the decision by the Board of Officials' Selection and Disciplinary Matters and approval of the President.

The employment of those found ineligible for the service shall be terminated by the decision of the Board of Officials' Selection and Disciplinary Matters and approval of the President.

The assistant auditors shall be required to attend a vocational course or study.

The classroom and on the job training to be given at the course period; the method and conditions of the study; duration of training; the procedures for and conditions of the final examination and other related matters shall be governed by its specific regulation.

To qualify for the office of auditor one must pass the examination held after the vocational course or study.

The professional personnel of the Court of Accounts and the prosecutor and his assistants shall be entitled to promotion every two years.



Secretary General and his assistants

Section 10- (As amended by Law no. 1260 Section 2) A Member appointed by the President shall serve as the Secretary General.

The Secretary General shall be given, with the approval of the President, maximum three aides from among professional personnel who are at the forth or higher degree on the salary – scale.



Appointment of the Rapporteurs and the auditors

Section 11- (As amended by Law no. 1260, Section 3) The Rapporteurs, Principal Auditors, Senior Auditors and Auditors shall be appointed on the decision of the Board of Officials' Selection and Disciplinary Matters and upon the approval of the President.



Qualifications and appointment of the administrative personnel

Section 12- The qualifications of the Administrative Directors and Assistant Directors, and other employees must fall within the Section 48 of the State Personnel Law. They shall be appointed upon the decision of the Board of Officials' Selection and Disciplinary Matters and approval of the President.



Classification of the administrative personnel

Section 13- The administrative staff shall be classified under the principles laid down in the State Personnel Law.

Board for Officials' Selection and Disciplinary Matters shall be authorised to decide on the promotion to upper grade or next step (on the salary-scale) and for disciplinary and penal proceedings of the administrative personnel, in accordance with the State Personnel Law.



PART THREE

Organisation, functions, responsibilities and powers

of the judicial and executive bodies of the Court of Accounts



Chambers

Section 14- (As amended by Law no. 3162 Section 1) Chambers shall be account courts, composed of a Chairman and six Members. It shall sit with the presence of the Chairman and four Members and decide by simple majority.

Chambers:

a) shall try and decide on the accounts and acts of those responsible.
b) If the President deems necessary, shall express opinion on the statement of general conformity and other reports to be submitted to the Turkish Grand National Assembly.
c) shall decide on matters which are sent by the President.
In the event of the absence of the Chairman due to reasons of his being on leave, acting as the President or if the office of Chairman is vacant, the most senior member shall act as Chairman of the chamber. The seniority shall be based on the date of election as Member of the Court of Accounts.



Board of Chambers

Section 15- (as amended by Law no. 1260 Section 4) The Board of Chambers shall consist of those chairmen and members other than the ones elected to the Court of Appeal.

The Board shall be presided over by senior Chamber Chairman.

The Board shall convene with at least two thirds of the total number of the members. If the quorum is not reached due to official leave or vacancy, the Chairman of the Board may invite Members from chambers, providing they do not exceed the quota assigned to the Board from each chamber, to maintain the sufficient number for the sitting in question. In the case of tie votes, the Chairman shall have the casting vote.

The Board of Chambers shall formulate the opinion of the Court of Accounts, to be delivered in accordance with Section 105.

The Board shall carry out all other duties and functions as assigned by this Law and decide on matters forwarded by the President to be examined.

The prosecutor may join the Board upon his own initiative or upon invitation of the Chairman of the Board, on condition that he shall not have vote.



Board of Appeal

Section 16- The Board of Appeal shall consist of four Chamber Chairmen elected by the General Assembly of the Court of Accounts and two Members from each Chamber elected by the same Assembly for a period of four years.

Every year, one fourth of the members of the Board shall be renewed. Those cease to be member of the Board may be re-elected.

The Board of Appeal shall be presided over by the senior Chairman.

The Prosecutor shall defend his case before the Board at trial sessions.

(As amended by Law no. 1260, Section 5) The Board shall convene with at least two thirds of the total number of members. If the quorum is not reached due to official leave or vacancy, the Chairman of the Board may invite Members from chambers, providing they do not exceed the quota assigned to the Board from each chamber, to maintain the sufficient number for the sitting in question. For decision majority vote shall be necessary. In the case of tie votes, the Chairman shall have the casting vote.

The Chairman and Members of the Chamber whose decision have been appealed against shall not be entitled to vote.

Members of the Board of Appeal, shall also carry out such duties as assigned under Section 22.

The Board of Appeal shall be the ultimate authority to decide on the writs issued by the Chambers of the Court of Accounts.



General Assembly

Section 17- The General Assembly shall consist of the President, who shall chair the Assembly sittings, the Chambers' Chairmen and the Members.

The General Assembly shall perform the duties conferred on it by this Law, and shall deliberate and decide on the matters laid before it by the President.

The Prosecutor may attend the Assembly sitting either upon his own initiative or upon the invitation of the President, on condition that he shall not have vote.

(As amended on 4/7/1996 by Section 4149/5) The General Assembly shall convene with at least two thirds of its incumbent members present and take decisions by an absolute majority of those present. In case of tie votes, the President shall have the casting vote.



Unification of non-judicial decisions

Section 18- The General Assembly shall deliberate and decide on the matters where:

there is a contradiction between decisions of the Chambers or between two decisions of the same Chamber on the same subject,
it is deemed necessary to change a decision, or
it is needed to take a decision applicable to all cases of similar nature. During discussions the Prosecutor shall also be present.


Draft bills and proposals of law pertaining to the Court of Accounts

Section-19 It shall be among the duties of the General Assembly to form an opinion on the draft bills and proposals of laws pertaining to the Court of Accounts and prepare regulations governing endorsement (visa) and audit procedures.



The prosecutor

Section 20- The prosecutor shall perform following duties:

a) To express his claims and opinion during the stages of examination and trial of the accounts
b) To be present and express his opinion in the General Assembly meetings at which the deliberations on the statement of general conformity, and the reports to be submitted to the Senate and National Assembly take place (Turkish Grand National Assembly)*.
c) To monitor the execution of rulings entailing disciplinary or punitive actions on the responsible officials.
ç) To inform the Ministry of Finance and other authorities concerned in writing, if during the trial of accounts or under other circumstances he becomes aware of the acts of responsible officials which require disciplinary or punitive actions.
d) To carry out duties given by the President.
e) To express his opinion about the actions to be taken against those accountants who have not submitted their accounts within the time limits prescribed by the law.
f) To carry out other duties stipulated by the law.


PART FOUR

Functions and powers of the officials of the Court of Accounts



The President

Section 21- The President shall be the highest official of the Court of Accounts and be responsible for its overall functioning. He shall be the chairman of the General Assembly. He may preside over the Board of Appeal and the Board of Chambers, as he deems necessary. He shall arrange the issues to be given to these Boards and chair the debates.

The President shall take all necessary measures to ensure that the Court of Accounts performs all duties it undertakes satisfactorily and that it functions properly.

It shall be the responsibility of the President to assign Chamber Chairmen and Members to the Chambers; to distribute work to the Chambers; to assign duties of auditors and other employees; to form audit groups and to prepare programs relating to accounts to be audited at the headquarters and/or on-the-spot.

The President designates one of the Chamber Chairmen to stand in for him. In the event of no such designation or vacancy, the senior Chamber Chairman acts as President.



Chamber Chairmen and Members

Section- 22 Chamber Chairmen shall be responsible for ensuring that the accounts assigned to their Chambers are tried, minutes and writs related to trials are finalised, and other related work performed.

Members shall examine audit reports, indicate their opinion in writing and perform the other duties prescribed by this Law.



Secretary General

Section- 23 (As amended by Law no. 1260 Section 6) Secretary General shall be the managerial assistant of the President.

The President may delegate some of the duties assigned to him by this Law to the Secretary General to perform on his behalf.

The Secretary General shall, in the name of the President, menage and oversee the audit groups and administrative sections.

The Secretary General shall organise research work, studies and publications related to auditing.

The Secretary General shall participate in the General Assembly and the Board of Chambers in his capacity as a member.

Assistants to Secretary-General shall help him to carry out the duties assigned to him. The distribution of work among the assistants shall be made by the Secretary General.



Rapporteurs

24- Rapporteurs shall be charged with drafting decisions given, in connection with duties conferred on the Chambers and the Boards by this Law, by the Chamber or the Board to which they are attached, and preparing minutes and writs of the decisions by their Chamber or Board as well as performing all other tasks connected thereto.



Auditors

Section 25- Auditors shall be responsible for examining accountants' accounts, and final accounts assigned to them by the President or Group Chiefs in the name of the President in accordance with the basis and procedures stated in laws, regulations and circulars; reporting the results to the President; and carrying out other duties assigned to them by this law.

Auditors shall report in writing to the President the provisions of laws, regulations and Government Decrees which they come across during their examinations and appear to be jeopardising the interests of the Treasury in respect of meaning, application or consequences. Such reports are immediately forwarded to the General Assembly by the President, and those which the General Assembly of the Court of Accounts has found worthy of reporting are incorporated into the quarterly reports which are sent to the Senate and the National Assembly. *

The procedures for the examination of accounts by the auditors, for the operation of audit groups; and the functions and powers of the Group Chiefs shall be specified by a directive.



Administrative Personnel

Section 26- The administrative duties pertaining to the functioning of the Court of Accounts shall be carried out by the officials whose cadres are annexed to this law.

The functions of the administrative branches to be established; the manner in which these functions are discharged; and the extent of responsibility of the concerned officials shall be governed by a regulation.



Board for Officials' Selection and Disciplinary Matters

Section 27- The Board for Officials' Selection and Disciplinary Matters shall consist of a Chamber Chairman, a Member, a Principal Auditor or a Rapporteur, a Senior Auditor who are elected by the General Assembly for a period of two years and the Secretary General.

Equal number of substitutes shall be elected in the same manner.

The Chamber Chairman shall preside over the Board.

The Board shall meet with all members present and decide with majority vote.

(As amended by law no. 1260, Section 16) The Principal Auditor or the Rapporteur and the Senior Auditor shall not be allowed to participate in the meetings where deliberations concern themselves.



PART FIVE

Functions and Powers of the Court of Accounts



Functions of the Court of Accounts

Section 28- The Court of Accounts shall perform the following functions:

To audit all revenues, expenditures, property, and the exchange, keeping and disposal of cash and securities, including those entrusted for safekeeping,

To take final decision by trying the accounts and acts of the responsible officials of

I-
A) The Government Offices funded by general or annexed budgets,
B) The institutions and enterprises established as fixed or revolving capital establishments or funds half or more capitals of which are invested by the Government Offices mentioned in subsection (A) l,
C) All other institutions that are by virtue of laws subject to the auditing of the Court of Accounts.
 
II- To record and audit State loans and credits, commitments, donations and aids in cash or goods from various sources, treasury bills, all securities and treasury advances.
III- (As amended by Law no. 3162. Section 2) To submit the Statement of General Conformity related to general and annexed budgets to the Turkish Grand National Assembly within the period stipulated by the Constitution.
IV- To report to the Senate and the National Assembly*, if deemed necessary, on financial matters, accounting procedures and revenue accrual systems.
V- To report to the Senate and the National Assembly on the issues considered necessary to be conveyed, having examined the accounts and transactions of the institutions subject to its audit.
VI- To carry out other duties as prescribed by laws.




Powers of the Court of Accounts

Section 29- In carrying out its duties prescribed by this and other laws, the Court of Accounts shall be empowered to communicate directly with ministries, boards, institutions, administrative heads, accountants and other responsible officials; to have access to the documents, ledgers and records needed for examination by dispatching its staff or having them brought over to any location it deems appropriate; to invite officials of all categories and degrees in order to receive oral information; and to call in representatives from ministries, government offices and institutions.

The Court of Accounts may demand from government offices, provincial Local administrations, municipalities, and all other official institutions, boards and other real and judicial persons, including banks, information and documents related to its auditing work.

The Court of Accounts shall be entitled to examine, on the spot and at any stage of operation and incidence, all related records, goods, properties, practices and services of those government offices and institutions that fall within its jurisdiction, by its personnel or outside experts. The legal status, power and responsibility of the outside experts are subject to general provisions. The principles and procedures to be followed in the application of this section shall be specified by a regulation.

Disciplinary action shall be taken by the authorities concerned, upon the request of the Court of Accounts, against the officials mentioned in first and second subsections above for not fulfilling, without a rightful cause, the requirements of this Section. In addition to above, aforesaid officials shall be subject to actions according to general and specific provisions of law.



PART SIX



Transactions requiring endorsement and preliminary approval (visa)

Section 30- (As amended by Law no. 1260, Section 7)

The contracts and all kinds of commitments that involve expenditure by the government offices and institutions that come under the auditing of the Court of Accounts shall be subject to endorsement; the distribution of appropriations and personnel cadres of the government offices financed by general or annexed budgets shall require a preliminary approval (visa).

(Annex: Law no. 3162, Section 3) The subsection above shall not be applicable to cadres of military personnel. The procedures for forwarding such documents to the Court of Accounts and their safe keeping and disposal shall be established by the Prime Minister's office, by taking the principle of secrecy into consideration and upon consultation with the Court of Accounts and the Ministry concerned.

It shall be compulsory that the commitments and contracts together with their supporting documents be sent to the Court of Accounts within three days from their finalisation. These commitments and contracts shall not become effective unless endorsed by the Court of Accounts.

(As amended by Law no. 3162, Section 3) Notwithstanding the subsection above, the following shall not be subject to endorsement: The contracts which are exempt from preliminary approval (visa) in accordance with Budgetary Laws and Section 64 of the General Accounting Law No. 1050; those issues which are held exempt from tendering by a decision of the Council of Ministers due to reasons of urgency or secrecy; and the contracts for purchases from abroad.



Short -term examination of the expenditures

Section 31- (As amended by Law no. 1260, Section

The Court of Accounts may examine those expenditures that were realised under the general or annexed budgets following the spending within the current accounting term and on a monthly basis. The General Assembly shall decide, upon consultation with the Ministry of Finance, as to the delivery periods of documents, records, books and charts belonging to the accounts which are thus to be examined by the Court of Accounts, and designate the accounts to be examined as such.

At the end of the examination carried out by the auditor, those transactions which are not found in compliance with the law shall be communicated, together with the supporting reasons, to the responsible officials, observing the procedures stated by Section 48. Upon receiving the defence statement from the above mentioned officials a report covering the whole account shall be prepared.

If, in the course of examination and auditing to be carried out in accordance with this law, it is found that the legislation on which the expenditures are based is open to interpretation, the President shall be informed of the matter in order to obtain the Court of Accounts' opinion; and the auditing shall be made accordingly.



Visa and endorsement Procedures

Section 32- (As amended by Law 1260, Section 9) Out of the transactions concerning distribution of personnel cadres and appropriations, as well as contracts and commitments forwarded to the Court of Accounts for approval (visa) or endorsement, those found in compliance with the law shall be approved or endorsed by the auditor and group chief. Those found otherwise shall be returned to the government office concerned for correction and completion, together with written opinion undersigned by the auditor and the group chief.

Depending upon the response, the documents belonging to the aforesaid transactions shall be either approved / endorsed or passed on to the President together with a memorandum.

The President shall send the documents to one of the chambers for its opinion.

If the transaction is found contradictory to the law, the related documents shall be returned to the government office in question in accordance with the decision of the chamber. In the event of appeal against the decision by the disbursement authority, the President shall pass the documents on to the Board of Chambers to be reviewed. If the Board decides that the issue in question is in conformity with the law, the transaction shall be approved or endorsed. If the objection is found to have no grounds and it is decided that the transaction is against the law, the related documents shall be returned to the forwarding government office.

Those documents involving transactions of distribution of personnel cadres and appropriations and those commitments or contracts which the Board of Chambers abstained from approving or endorsing, but are not openly prohibited by law, may be implemented, if the disbursement authority assumes the responsibility and informs the Court of Accounts of the situation together with the justifying reasons. In such a case, the responsibility arising from those payments and expenditures concerning the issues found unacceptable by the Court of Accounts shall rest with the disbursement authority.

The judgement concerning this responsibility shall be passed at the trial of the account of the year in which the payments or expenditures were made.

In case a Minister, who is a first-degree disbursement authority, assumes the responsibility, respective Speakers of the Senate and the National Assembly* shall, complying with its procedure, be informed of the matter and the amount of the payment or the expenditure involved.

The approval or endorsement of a transaction shall neither bind the responsible officials nor restrict the judicial power of the Court of Accounts.



Final rejection

Section 33- (As amended by Law 1260, Section 10) The decision of the Court of Accounts shall be final if the Court of Accounts' abstention from approval or endorsement, and refusal of transactions stated in section 32 is based on calculation error, or insufficiency of appropriations or personnel cadres.



Assumption of responsibility

Section 34- (Repealed by Law 1260, Section 17)



Exceptions to the Pre-audit

Section 35- (Repealed by Law 1260, Section 17)



Submission of contracts not subject to endorsement

Section 36- (As amended by Law 1260, Section 11) Those contracts which are not subject to endorsement in accordance with Section 30, shall be sent, with the supporting documents, to the Court of Accounts within seven days.



Review period

Section 37- (As amended by Law 1260, Section 12) The preliminary approval (issue of visa) of transactions concerning distribution of appropriations and personnel cadres shall be finalised within three days. The endorsement of contracts shall be completed within fifteen days.





PART SEVEN

Auditing



General principles

Section 38- The Court of Accounts shall audit all the government offices and institutions that fall under its jurisdiction:

a) by examining transactions pertaining to their revenues, expenditures and property and all accounts related to these transactions including all records and documents, and finally by trial of all the transactions and accounts;
b) by comparing the results of budgetary accounts (including the deduction period) and accounts of similar nature and results of the accountants' accounts with the related draft of Final Account Bill or trial balance and balance sheet;
c) by examining other issues specified in laws, through receiving information and documents concerned from related government offices and institutions, and establishing necessary records at the Court of Accounts;
Military personnel cadres, equipment, supplies, goods, plants and institutions are subject to auditing by the Court of Accounts. However, the procedure for auditing shall be provided by a regulation to be prepared by the Ministries of Finance and Defence upon consultation with the Court of Accounts.



Time of submission of the accounts

Section 39- The accountants of those government offices and institutions which come under the jurisdiction of the Court of Accounts shall submit their accounts of all the revenues, expenditures and property that are related to the budgetary year, accounting year or accounting period (as specified in their related law) within the month following the period of deduction at the latest.

The Court of Accounts shall determine the accounting period for goods and property transactions, by taking into account the size of transactions, and providing that it should not exceed five years.

The Court of Accounts may decide to have all documents, records, ledgers and statements related to the accounts and transactions of the current year or accounting period sent or have them available for examination at site at the end of a specified period not exceeding one month. This situation shall not remove the responsibility for submitting accounts at the end of the year or accounting periods as required in the subsections above.



Characteristics of accounts

Section 40- The revenue, expenditure and property accounts shall be submitted to the Court of Accounts separately. Aforementioned accounts of government offices and institutions for a budgetary year, account year or a special account period prescribed by the law shall be constituted of the following:

a) Revenue accounts: ledgers, statements and all kinds of related documents that indicate quantities and nature of all accrued and collected revenues, and deposits;
b) Expenditure accounts: statements, ledgers and all kinds of related documents that indicate the quantity and nature of all expenditures made and moneys and valuables received in this connection;
c) Property accounts: statements, ledgers and all kinds of related documents that indicate the quantity and nature of all property and goods possessed, purchased or spent and those disposed of through annihilation or other means.
The following are also included among the accounts to be submitted to the Court of Accounts: Budgets, personnel cadres, final accounts and decisions related thereto that are approved by the competent authorities of the fixed and revolving capital entities or funds referred to in subsections 1(B) and (C) of Section 28 or other institutions and final trial balances and balance sheets of the institutions whose accounts kept in balance sheet method.

The kinds of the statements, ledgers, documents mentioned in the above subsections and their submission periods shall be determined, by a circular, by the Court of Accounts.

If, (in accordance with a special law) an accountant is at the same time, responsible for carrying out transactions of revenue, expenditure and property, Court of Accounts shall inform with a circular, the concerning government offices, institutions and accountants of the mode and form in which the accounts will be submitted and whether accounts are to cover transactions entirely or partially, and the conditions for submission of accounts separately.



Accountants

Section 41- The accountants accountable to the Court of Accounts shall be the following:

1. Accountants of revenue;
2. Accountants of expenditure;
3. Accountants of property.


Those considered as accountants

Section 42- If those not appropriately designated as an accountant, collect revenues, make expenditures or keep and manage property by acting on their own initiative or upon a directive shall be considered as accountants, unless their accounts are included in that of another accountant, and as accountants submitting their accounts to the Court of Accounts, pursuant to this law, shall be incumbent upon them and the rules of accountability imposed on the accountants shall be applied to them.

If the situation has occurred upon a written directive of a superior, the superior official shall share the responsibility.



Informing the Court of Accounts of the accountants and the accountancies

Section 43- Ministries, agencies with annexed budgets and all government offices and institutions subject to the audit of the Court of Accounts shall be under obligation to inform the Court of Accounts, before the beginning of the each accounting year, of: the types and locations of all accounting offices in the country and abroad; the scope of their responsibility; the addresses of the affiliated fiduciaries, stores, depots and the similar; and names, personnel file numbers, salaries, and grades of accountants on duty and to send signature samples of the responsible officials.

Changes that take place during the year shall be reported within one month from the date of change to the Court of Accounts.



Submission of accounts

Section 44- The accounts shall be completed by the accountants, within those periods as indicated by this Law and other laws and made available for examination or sent to a location as indicated by the Court of Accounts.

The accounts shall be prepared and submitted by the last accountant that has taken office. The responsibility for not submitting the account rests with him.

Those accountants who, after having completed their accounts, are appointed elsewhere, retired or removed temporarily from office shall deliver their accounts to their successor and shall document the incidence with a delivery report.

In case an accountant is not able to submit his accounts for reasons of poor health, passing away or other inevitable excuses, or if the accountant refrains from submitting accounts; such accounts shall be delivered to the new accountant by a committee to be formed within the related office to which the accountant is attached.

If an accountancy merges with another, the accountant shall deliver his accounts up to that date, to the new accountant. If an accountancy is closed, the accountant must submit the account to the Court of Accounts within three months.



Conditions for accountability

Section 45- The amounts relating to the revenues, expenditures, properties and valuables that have not been accrued, collected, spent, given, kept or managed in accordance with the law shall be paid to the Treasury by the responsible officials, upon the final decision of the Court of Accounts, within three months from the date they are notified.

The final decisions of the Court of Accounts shall be communicated, in accordance with section 63, to the responsible officials and to the Ministry Finance to start necessary investigation.

The compensation of property shall be made at current market price at the date of its loss. If this date is not known, the payment shall be made at the highest price between the dates of its purchase and discovery of its loss. The general provisions applied to the cases where state property has been damaged shall be reserved.



Audit of the accounts

Section 46- The General Assembly shall decide which of the accounts be examined at the headquarters and which on the spot. The auditors assigned by the President shall examine the accounts.

However, property accountancies whose value of recorded property sums up to 500 000 Turkish Lira or more, are audited on the spot.

Any one of the accounts that are decided to be audited at the headquarters may be examined on the spot by the decision of the chamber to which the account is assigned upon the request of the related auditor. If this decision is approved by the General Assembly, the account shall be audited on the spot by the auditors assigned by the President.

The following shall be examined during the auditing;

1. Whether the revenues, credits and all sorts of rights have been accrued, followed up and collected in accordance with laws, regulations and the budget,
 
2. Whether,
a) the expenditures have been made in accordance with laws, regulations, the budgetary appropriations and personnel cadres,
b) the payments have been made to those entitled or their representatives after their identification have been properly checked,
c) all transactions which are included in the financial statements and operations of monies, securities and valuables have been performed in accordance with laws and regulations,
 
3. Whether entry, safe guarding, utilisation and disposal of movables and immovables have been carried out in accordance with laws and regulations and whether they fully exist where they are supposed to be,
 
4. Whether all the transactions and accounts mentioned in the subsections above are in conformity with their associated documents and records.


Compliance of expenditures with the purposes for which they are appropriated

Section 47- The Court of Accounts shall include its opinion in the Statement of General Conformity on whether or not budgetary appropriations of all government offices and institutions that come under the jurisdiction of the Court of Accounts have been expended on work, services and needs for which they were appropriated.



Reports of auditors

Section 48- Auditors shall examine the accounts which have been assigned to them in line with the principles stipulated in this and other laws and with the procedures stated in the regulation specific to the audit of the Court, and prepare a report that indicates the result of the audit. The auditor shall obtain a written defence statement from each responsible official as to any practice that is contradictory to the legislation that he has come across or any incomplete work he has observed during the course of examination. The auditor shall include the defence statement, together with his opinion, in his report.

If the responsible official who has been notified, in accordance with appropriate procedure, of a demand for defence statement does not reply within 30 days, the auditor's report shall be prepared without waiting for the defence statement but be based on the information and documents available at the time. The auditor shall at the same time ask for disciplinary or penal action.

Such reports shall indicate whether the accounts are correct and balanced; documents are complete and there are issues that create responsibility and also whether expenditures and performances of the fixed or revolving capital establishments or special funds mentioned in subsection 1(B) and 1(C) of Section 28 are compatible with the objectives of establishment shall be shown at the end of the reports.



The obligation to supply information and documents

Section 49- The responsible officials and other related civil servants shall be under an obligation to supply the necessary information and to show or submit the records and documents asked by the auditor without any delay.

If the responsible official does not have the required document with him, then the document shall be asked from the related government office. The responsible officials shall be obliged to produce the original documents; if the originals are not available the second copies shall be submitted.

Disciplinary or penal action shall be taken, pursuant to this law, against those who fail to comply with subsections above.



Procedure to be followed on the audit reports

Section 50- Upon completion of an examination, the auditor shall prepare a report and submit it, together with the related statements and documents, to the President. The Presidency shall forward such reports to the chambers to be tried.



Penalties to be imposed on Accountants and other responsible officials

Section 51- Those accountants who fail to fully submit their accounts by the time assigned by the law, and those officials, of the government offices and institutions come under the jurisdiction of the Court of Accounts, who fail to furnish any required information and to submit documents and/or ledgers in the course of auditing or trying of accounts, and who inconvenience the trial or audit shall be, at the request of the Court of Accounts from the employing agency or institution, paid half of their salaries until they fulfil the above mentioned requirements. Starting from the date of deduction of the salary by half; if, the accountants, within three months; and other officials, within the period determined by the Court of Accounts, fail to submit accounts or the required information, documents and ledgers or to remove reasons which inconvenience the audit and trial, they shall be laid off by their respective agencies, in accordance with their appointment procedures, and shall be subject to prosecution.

The provision of this section shall be applicable to those who fail to follow-up the execution of writs issued by the Court of Accounts.



Accountants who fail to submit their accounts

Section 52- The accountants who, because of retirement, or temporary dismissal upon orders from the Ministry or other similar reasons, are not temporarily or permanently on duty shall not be paid their salaries and other allowances until they submit their accounts.

Those who have been transferred to another position shall not start at their new post until they deliver their accounts. If those accountants who leave their job by resigning fail to deliver their accounts in time, shall not afterwards be appointed to a post in the government offices and institutions that come under the jurisdiction of the Court of Accounts.



Informing Court of Accounts of the actions taken against the responsible officials

Section 53- It shall be obligatory for the concerning government office to inform the Court of Accounts about the implementation of Sections 51 and 52 above and its consequences.



Disciplinary Proceedings

Section 54- Upon demand of the Court of Accounts, the government office concerned shall institute the disciplinary proceedings against those who fail to apply Sections 51 and 52.



Auditing of loans, credits and advance payments

Section 55-

a) Loans and concessions extended to institutions or individuals by the Government and recorded under an account opened by the Treasury, shall be examined and followed up by the Court of Accounts through accountants' accounts.
Even those transactions of loans guaranteed by the Treasury under special laws shall be subject to examination and monitoring by the Court of Accounts.

The findings of such examinations shall be incorporated in the Statement of General Conformity.

b) The advance payments received and loans made by government offices financed by the general and annexed budgets, and the amounts, interest rates and redemption costs of the treasury bills issued with no service in return shall be registered by the Court of Accounts according to legal provisions. The Court of Accounts shall be informed of the agreements of loans and advance payments within three months from the date of agreement and shall also be notified of treasury bills, within three months from the date of signing and emission.
The findings of such examinations shall be incorporated in the Statement of General Conformity.

c) Even the advance payments and loans extended, according to legal provisions, to trustees and contractors, shall be subject to examination by the Court of Accounts.


PART EIGHT

Trial



Examination of accounts by the chambers

Section 56- Chairmen of chambers shall receive the Prosecutor's written opinion on each audit report submitted to their chambers.

The report from the Prosecutor shall be given by the Chamber Chairman to one of Chamber Members to obtain his opinion.

The member shall carry out the necessary examination on the report. If he deems necessary, he may look into the items of the report that include unqualified opinion of the auditor with a view to satisfying himself whether the issue has been thoroughly examined. Adding his own opinion on each item of the audit report he shall return it to the Chairman of his Chamber.

During the examination carried out on the report by the member, if he deems necessary, he may ask the Chairman of the Chamber that the account be reviewed by a Principal Auditor to see whether the account has bee thoroughly examined. If the Principal Auditor finds issue(s) that should have been included in the report, he shall, following the established procedures, obtain the defence statement of the responsible officials and shall write his report. The report shall be sent to the Prosecutor to obtain his opinion then to the Member through the Chamber Chairman.



Trial of the accounts

Section 57- The Chamber shall commence the trial of the account upon receipt of the member's written opinion. If, during the trial, deemed necessary, the prosecutor shall be invited to the sitting to be consulted.



Documents sufficient for the accountant's acquittal

Section 58- Cash remitted through mail or bank to government offices, trustees or creditors and receipts against goods and securities shall be sufficient for the acquittal of the accountant.

When money has been spent in the name of another branch accounting office or the Central Accountancy and if the documents or deeds covering the expenditure have been sent to those concerned; submittal to the Court of Accounts, of the documents received from the related accountant or the Central Accountancy confirming their receipt shall be sufficient for the spending accountant's acquittal.

Acquittal shall also be possible in cases where such documents have not been sent to the Court of Accounts, but verified copies of records kept at the time of posting or verified copies of the missing documents based on the official records are provided. However, if such copied documents do not comply with laws and regulations, the responsibility according to this law shall continue.

If monies delivered (with witness recording) to the post office as valuable postal packages are found partly missing at the receiving end, the responsibility shall be determined in accordance with the investigation carried out by the related government office and decision taken by the judicial court.



Failure to provide documents

Section 59- In cases where the originals or second copies of the documents could not be produced due to unavoidable conditions, the responsible officials shall be either acquitted or held liable, after the prosecutor having been consulted, as per the documents, existing records or evidence indicating that the service has been provided and the provider has been paid.



Failure to provide documents due to extraordinary Circumstances

Section 60- If it is confirmed by the Administrative Boards of Provinces that documents and records have been lost due to extraordinary circumstances such as war, fire, floods, earthquakes, or evacuation because of administrative or military reasons or because of theft or other unavoidable reasons, and that it is unlikely to find them, the accountant shall be tried by considering the available evidence

However, the accountant must inform his superior immediately and the Ministry to which he is attached within fifteen days from the occurrence of the conditions mentioned above, in order to obtain his acquittal. In such a case, acquittal or responsibility of the accountant shall be decided by the Court of Accounts in consultation with the Ministry or the office to which he is attached.



Decisions and minutes

Section 61- (As amended by law 3162, Section 4) Upon trial of the accounts and transactions in accordance with the sections above, acquittal or indemnification shall be decided. It may also be decided to inform the relevant authorities of the issues that have been considered appropriate.

In the course of a trial, if it is observed that the accounts and transactions lack their supporting documents due to their being submitted to a court or an administrative authority; the information and documents concerning a transaction under trial are found insufficient and/or it has been decided necessary to wait until the completion of the investigation and prosecution, the trial of such accounts and transactions may be suspended and excluded from the decision about the account. Section 66 shall be applied if the accounts and transactions excluded have not been tried within two years from the date of completion and furnishing of the above.

A summary of the decisions given shall be included in the audit report and signed by the chairman of the chamber. It shall also be required that a minute be written to be signed by the Chairman and Members of the Chamber.



Writs

Section 62- After the draft writ has been read and signed by the Chairman and the Members of the Chamber, required number of copies of the writ shall be issued. Two copies of the writ shall be signed by the Chairman and Members of the Chamber. Of these copies one shall be retained at the Chamber, the other and the remaining unsigned copies shall be submitted, together with the account file, to the office of the President. After copies of the writ have been sealed and signed by the President or by his designee, copy of the writ signed by the Chairman and members of the Chamber shall be kept at the General Secretariat.



Notification and clarification of writs

Section 63- The Court of Accounts shall send, according to the existing procedure, one copy of the writ to each responsible official, one copy to the Ministry or government office to which the responsible official is attached; two copies to the Ministry of Finance of which one to be sent to the related accountancy and one copy to the prosecutor.

If the decisions rendered by the Chambers or the Board of Appeal are vague, any one of the parties concerned may request the clarification of such decisions. The parties may also request the correction of errors relating to their names, surnames, job titles and/or claims or errors of calculation in the writ.

The number of petitions, lodged for clarification or correction, shall be one copy more than the number of other party.

The Chamber or the Board of Appeal, whichever has passed the decision, shall examine the matter and if it is deemed necessary, communicate the petition to the other party to be answered within the time specified. The reply shall be in double copies; and one of which shall be communicated to the party demanded the clarification or correction.

The decision of the chamber or the board shall be communicated to the parties.

The clarification may be demanded until the execution of the decision.



Enforcement of writs

Section 64- The writs of the Court of Accounts shall be enforced in accordance with Section 45, following their becoming definite (final decision). The Official highest in standing of the office to which the writ has been sent shall be responsible for follow-up of the enforcement.

The amounts of embezzlement* and/or indemnification, indicated in the writ, shall be collected, with their interest, in accordance with the ''Execution and Bankruptcy Law''. The amount concerning embezzlement shall be subject to the interest starting from the day it occurred; while that of indemnification shall be from the day on which the decision was taken.

However, the interest calculated shall not exceed the 10 % of the total amount of the decided embezzlement or indemnification.



Acts involving guilt

Section 65- In the event of encountering a guilty action in the course of a pre or post audit, the auditor shall immediately collect the evidence and convey it to the President. If the Chamber assigned by the President decides that the incidence should be prosecuted as a public case, the related documents or part of the account shall be handed over to the office to which the responsible official is attached or the Office of Public Prosecutor for the necessary action to be taken. Decisions given by the general courts shall be without prejudice to the Court of Accounts' audit and trial of accounts and transactions. The application of this section shall be provided in a regulation.



Approval by right

Section 66- The accounts submitted completely to the Court of accounts shall be considered approved by right, in the event that they have not been tried for two years starting from their submission.

(Annex: Law 3162, Section 5) If it is decided by the chamber that the accounts are not suitable for passing judgement on because of calculation error and inconsistency in the statements and other documents which constitute the accounts, the time of submittal of the accounts shall be the date when the complete and correct accounts have reached the Court of Accounts.





Review Procedures

1. Appeal



The authority for appeal

Section 67- Appeals against the writs of the chambers shall be lodged with the Board of Appeal. The decisions of the Board of Appeal shall be final.



Conditions for appeal

Section 68- The officials specified in Section 63 may appeal against the writs issued by the chambers on the following grounds:

a) Contradiction to law,
b) Exceeding of powers,
c) Failing to observe legal procedures
The time by which the appeal shall be lodged is ninety days from the date of notification of the writ.



Request for appeal

Section 69- The request for appeal is made through a petition. The concerned shall attach the documents supporting his or her objection to the petition. The appellant shall give in copies of petition in the number of concerning parties.

The appeal petitions accompanied by the supporting documents shall be communicated to the other parties. The parties may reply within thirty days after notification. The replies by the other parties shall be communicated to the appellant, who may respond to it within fifteen days. The other parties notified of this answer may also reply to it within fifteen days.



The decision on the request of appeal

Section 70- The case shall be examined and a decision shall be passed on after the replies have been received or if one of the parties has failed to respond within the time specified.



Competent authorities where the petition for appeal shall be lodged

Section 71- The petition of appeal and the supporting documents shall be submitted to the Court of Accounts. The appellant not residing at the Capital City may give in the petition of appeal to the highest administrative governmental official where he resides, to be sent to the Court of Accounts.

If the appellant wishes, he shall be given a receipt indicating that the petition and related documents have been received.



Verbal procedure

Section 72- If the parties request in writing or if the Board of Appeal deems it necessary, the Board may invite concerned parties or one of the parties to hear their/his defence or to ask for clarification.



Decision of the Board of Appeal

Section 73- The Board of Appeal may either approve the decision appealed against, as it is or by correcting it, or rescind or cassate it. In case of cassation the file shall be sent back to the chamber rendered the decision to be reviewed and decided again.

If the chamber insists on its first decision and the Board of Appeal cassates the decision once more, the chamber shall comply with this decision.

(Annex: Law 3162, Section 6) The decisions of the Board of Appeal that rescind indemnification, apply to all the responsible officials involved in the article of the writ appealed.



2. Revision of Judgement



Reasons for revision of judgement

Section 74- The prosecutor, the responsible official, the Ministry or government office to which the responsible official is attached or Ministry of Finance may demand revision of judgement. Chambers of the Court of Accounts may decide to revise their judgement. Reasons for revision of judgement shall be as follows:

a) Existence of calculation error, incomplete

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Annex: 6
STANDARD CONTRACT FOR PROCUREMENTS OF GOODS
Standard Contract for Unit Cost/ Lump Sum Procurements of Goods

Article 1 – Parties to the Contract1
This Contract hereby has been executed by and between ................................................... (hereinafter referred to as "the Contracting Entity") on one part and ............................ ................ (hereinafter referred to as "the Contractor") on the other part on the following terms and conditions.

Article 2 – Information About the Parties
2.1. Address of the
       Contracting Entity   : .................................................................................
       Phone         : .................................................................................
       Fax         : .................................................................................
       E-mail (if any)   : ..........................................................................................

2.2. Notification Address
       of the Contractor   : ..........................................................................................2
       Phone         : .................................................................................
       Fax         : .................................................................................
       E-mail (if any)   : ..........................................................................................

2.3. Both Parties hereby accept the addresses specified in Articles 2.1 and 2.2. as their notification addresses. Notifications to the last addresses informed shall be deemed to be sent to the respective Parties unless any change to the addresses is notified to the other Party.

2.4. The Parties may send notifications to the other Party by means of delivery personally, mail or mail courier, telex, fax or e-mail provided that the written notification is sent later within the stipulated duration.

Article 3 – Language of the Contract
The language of the Contract is Turkish.3

Article 4 – Definitions and Abbreviations4
The following definitions and abbreviations shall be used within this contract other than the terms defined in Article 4 of Public Procurement Law No. 4734 as well as Public Procurement Contracts Law No. 4735 and other procurement legislation shall be applicable in implementing this Contract hereby:

4.1. The following definitions and abbreviations shall have the meanings provided herein:

"Goods" refer to any kind of goods needed that are purchased as well as movable and immovable assets and rights,

"Other Obligations" shall refer to all obligations, which is defined in this contract and its annexes,   required to be fulfilled other than transportation, installation, tests, training, maintenance and repair of the goods,

"Work" shall refer to the supply, transportation, delivery, installation, tests, commissioning, training, maintenance and repair works in relation to purchasing the goods which are the subject of this Contract hereby,

"Worksite" shall refer to the places where the goods are delivered and installed as well as other places that are used temporarily or permanently during the performance of the contract,

"Inspection, Examination and Acceptance Commission" (hereinafter referred to as "the Commission") shall refer to the commission consisting of minimum 3 persons assigned by the Contracting Entity for control, inspection and acceptance of the goods,

"Examination and Acceptance Procedures" shall refer to the procedures (including the proceedings of the Commission) required for the Contracting Entity to take delivery of whole or a part of the goods, the principles of which have been agreed by the Contracting Entity and the Contractor and which are set forth in the contract,

"Contractor's Equipment" shall refer to all instruments and all equipments irrespective of their nature required to deliver, install, transport, commission the goods and remedy the defects thereof,

"Contractor's Representative" shall refer to the person who represents the Contractor and accepted by the Contracting Entity as fully authorized by the Contractor with a Power of Attorney issued by a Notary Public with regard to the works under the Contract,

"Third Person" shall refer to third person(s) other than the Contracting Entity and the Contractor,

"Day, Month, Year"; Day shall refer to the calendar day; Month shall refer to the same numbered day of the month following the months of the calendar applied in Turkey, and the time between the last day of this month if there is not the same numbered day in the following month; Year shall refer to the period of 365 days,

"Contract Amount" shall refer to the total amount payable by the Contracting Entity in return for the goods delivered in accordance with the principles specified in the contract in the payment currency,

"Subcontractor" shall refer to the physical body or corporate body acting on behalf of the Contractor depending on the commercial and judicial relation with the Contractor owing to the nature of the work under Contract and when needed upon the approval of the Contracting Entity,

"Technical Document" shall refer to all projects, calculations, know-how documents, production/ manufacturing data and sheets submitted to the Contractor by the Contracting Entity as well as the projects, similar technical data and documents submitted by the Contractor and approved by the Contracting Entity as per the Contract,

"Work Commencement Date" shall refer to the date when the Contractor receives work commencement instruction from the Contracting Entity and for the works requiring handing over the worksite, the date when the worksite is handed over to the Contractor,

"Duration of Work" shall refer to the time interval that shall be calculated following the work commencement date for completion of works specified in the Contract or some part of the works in the cases where partial acceptance is stipulated or delivery such works,

"Examination and Acceptance Form" shall refer to the certificate containing the evaluation with regard to acceptance or rejection resolved as a result of consideration by the Commission,

"Written Notification (Letter)" shall refer to any communication sent via registered and prepaid letter, telegraph, fax or delivery personally in relation to the work under the Contract,

"Contractor" shall refer to the tenderer that is awarded the contract and with whom a contract is concluded,

"Currency Applicable for Payment" shall refer to the principal currency determined to be applicable for payment under this Contract hereby by the Contracting Entity,

"Authority" shall refer to the Public Procurement Authority,

"Party/ Parties" shall refer to the Contracting Entity or the Contractor according to its context in this Contract,

"Pilot Partner" shall refer to the physical body or corporate body assigned as the pilot partner in the joint venture statement, and that is authorized to represent and bind the joint venture in procurements where tender is submitted by a joint venture,

"Tender" shall refer to the tender submitted to the Contracting Entity by the Contractor as per the Law #4734,

"Delivery" shall refer to the delivery of the goods to the Contracting Entity by the Contractor in accordance with the delivery schedule,

"Acceptance"5 shall refer to the certificate issued by the Commission following the completion of the works and inspection by the Commission.

Article 5 – Subject of the Contract
5.1. The subject of the Contract hereby shall be the supply of ........................................6 by the Contractor, which is needed by the Contracting Entity and quantity, type, specifications and other details of which are written in the attached schedule according to the conditions set forth in the tender document, specifications and this contract hereby.7

5.2. The goods that shall be supplied under this Contract shall be in accordance with any and all details specified in the Contract and the annexes as well as the technical specification.

Article 6 – Contract Type and Amount8
........................................................................................................................
........................................................................................................................

Article 7 – Costs Included in the Contract Amount
7.1. ...................................................................... necessary for performance of the contract (including the increases owing to the additional works) shall be included in the contract amount.9

7.2. Value Added Tax to be calculated as per the relevant legislation shall not be included in the contract amount, and shall be paid to the contractor by the Contracting Entity.

Article 8 – Taxes, Levies, Charges and Other Costs Concerning the Contract
.....................................................................................................................10

Article 9 – Annexes to the Contract11
9.1. The Tender document shall be an annex to and an integral part of this Contract hereby, and shall bind the Contracting Entity and the Contractor. However, in the event that there is a conflict or discrepancy between the provisions of the Contract and provisions of the documents comprising the Tender document, the provisions specified in the Tender document shall be taken as basis.

9.2. The order of priority within the Tender document is as follows:
1) Administrative Specification
2) Technical Specification
3) Written Clarifications
4) Draft Contract
5) ....................................
    ....................................

9.3. Addenda of the documents listed above shall have the order of priority of the related documents.

Article 10 – Duration of the Contract
The Duration of the Contract shall be ............... days / months following the date of commencement to work.12

Article 11 – Terms and Conditions of Receipt of the Goods/ Work & Delivery Schedule13
11.1. Worksite/ Place of Delivery
[Place(s) of Delivery: .............................................................................................
........................................................................................................................

11.2. Work Commencement Date: ............................................................................
........................................................................................................................

11.3. Type of Delivery14: The delivery shall be made in one lot or as detailed below.

11.4. Delivery Schedule15: ...
........................................................................................................................
11.5. Change in the Delivery Schedule
The Contractor shall be liable to comply with the delivery schedule approved by the Contracting Entity. However, change may be made to the delivery schedule upon the approval of the Contracting Entity under compulsory circumstances. If there is an extension of duration approved by the Contracting Entity, the Contractor shall be liable to prepare a new delivery schedule within .................. days16 following the notification date according to the new situation.

Article 12 – Provisions on the Performance Bond
12.1. Type and Amount of Performance Bond: The amount of performance bond concerning this work shall be .......................................... (in figures) and .............................. (in words); and the Contractor17 has furnished .......................................... (in figures) and .............................. (in words) as the performance bond.18

12.2. Additional Performance Bond:19 In the cases requiring the payment of price difference, deduction shall be made from the payments at the rate of 6% of the price difference payable or additional performance bond shall be received from the values accepted as guarantee. The additional performance bond that is calculated over the amount that will be paid as the price difference can also be covered by deducting from the progress payments.20

12.3. Performance bond and additional performance bond provided by the Contractor shall be changeable with the values set forth in Article 34 of Law #4734.

12.4. Returning Performance Bond and Additional Performance Bond:  After the Contracting Entity determines that the work has been performed in accordance with the provisions of the Contract and Tender document, and the Contractor does not have any outstanding debt to the Contracting Entity due to this work, the performance bond and the additional performance bond shall be returned to the Contractor21 after the certificate of no binding issued by the Social Security Institution is submitted to the Contracting Entity.22

12.5. In the event that outstanding debts of the Contractor to the Contracting Entity and social security institutions due to this work as well as the legal tax deductions made from prices and payments assumed as prices are not paid until the final acceptance date of the goods/ expiry of the warranty period, performance bonds and additional performance bonds shall be converted into cash and deducted against the incurred debts, and if any, the remaining amount shall be returned to the Contractor without any need for written protest and judgment by a court.

12.6. The guarantees received by the Contracting Entity shall in no way be sequestrated and attached with interim injunction.

12.7. In the cases where it is not necessary to make deductions as per Article 12.5, the performance bonds shall be invalid and returned to the relevant bank or private financial institution because they are not demanded in spite of the written demand of the Contracting Entity within 2 (two) years following the acceptance date of the work or, if any, expiry date of the warranty period. Guarantees other than the letters of guarantee shall be registered as revenue for the Treasury.

Article 13 – Place and Terms of Payment23
13.1. Place of Payment: Any payment in return for the contract amount (including the amount for the increases owing to the additional works)24 shall be effected by ......................................25 at the times and form specified below provided that provisions concerning defects, defaults and deficiencies under this Contract are reserved.

13.2. Terms and Time of Payment: ...........................................................................
........................................................................................................................

13.3. Letter of Credit: ............................................................................................

Article 14 – Terms and Amount of Advance Payment26
14.1. Advance payment ................................................................. for this work.

14.2. In the event that advance payment is effected, the guarantee shall be received from the contractor up to the amount of advance payment.

14.3. In cases where it is stipulated to effect advance payments, the advance payment effected cannot be transferred or assigned to third persons in any manner.
Article 15 – Price Difference
15.1. The contractor shall not be entitled to claim price difference due to any increase in taxes, levies, charges and similar financial liabilities until the complete performance of the contract or new financial liabilities during the performance of contract including any time extension.

15.2. Price difference .................................... for this work27.

15.3. Principles and procedures concerning the price difference under this contract shall not be amended after the contract is concluded.

Article 16 – Information about Subcontractors and Their Responsibilities
16.1. Subcontractors ............................... for this work28.

16.2. Subcontractor(s)';
Name, Surname (or Trade Title)   : ..................................................................
Address            : ..................................................................
Phone               : ..................................................................
Fax               : ..................................................................
E-mail (if any)         : ..................................................................
Works undertaken         : ..................................................................

16.3. Contracting Entity's Authority: The contractor may assign the other obligations deemed necessary to the physical or corporate persons that act as subcontractors with prior written approval of the Contracting Entity. The Contracting Entity shall be free whether to accept or not the subcontractor that the Contractor notifies or request the substitution of the subcontractor at any time. The Contracting Entity may, at all times, require from the Contractor to directly perform any part of the work which it deems inconvenient to be performed by the subcontractor. If the Contracting Entity finds out that the works performed by the subcontractor are not in compliance with the provisions set forth in the contract and specification although approved by it, it shall be entitled to require the contractor to remedy such defects.

16.4. Liability of Subcontractor and Contractor: The contractor shall be liable to the Contracting Entity in respect of the defects, faults and imperfections that may arise in the goods provided by the subcontractor as well as the installation, maintenance, repair and supply of spare parts during the term of contract or warranty period. The contractor may not assign the whole work to the subcontractor, and he has to take the approval of the Contracting Entity to assign some part of the Works to the Subcontractors (except for the ones named in the contractor). Authorization by the Contracting Entity to this effect shall not release the contractor from any obligation or liability undertaken pursuant to the contract. The contractor shall be liable for the acts, defaults and negligence of the subcontractors, their agents and personnel.

16.5. Those that cannot be assigned as subcontractors: Those that are specified to be prohibited to act as subcontractors as per the Law No. 4734 and the Law No. 4735 as well as the related legislation cannot be assigned as subcontractors.

Article 17 – Delay Penalty
17.1. The delay penalty shall be applied by ..................... over the contract amount by deducting from the payments that will be effected to the Contractor for each calendar day that elapses if the work is not completed/ the goods are not delivered in a timely manner except for the conditions arising from the extension of time mentioned in Article 18 and the increased works under the contract29. The amount of penalty shall in no way exceed the contract amount.

17.2. The delay penalty shall be deducted from the payments without necessary to issue a protest letter to the Contractor separately. If this penalty cannot be covered from the payments, it shall be collected separately from the Contractor.

17.3. The Contracting Entity shall terminate the Contract if ................... days elapse from the notification of this notice of delay to the Contractor.30

Article 18 – Cases and Conditions for Extension of Duration
18.1. Force Majeure: The Contracting Entity shall accept the cases listed below as the events of force majeure provided that it is not caused by any defect attributable to the Contractor, it has the nature to hinder the performance of the contract, the contractor does not have sufficient power to eliminate this hindrance, and the contractor notifies the Contracting Entity in writing within 20 (twenty) days following the day of occurrence of the case of force majeure, and this is documented by the competent authorities:
   a) Natural disasters,
   b) Legal strikes,
   c) Epidemics,
   d) Announcements for partial or general mobilizations,
   e) Other similar cases to be determined by the Authority where necessary.

18.1.1. Applications not made in time shall not be taken into consideration as per Article 18.1. and the Contractor shall not be entitled to claim extension of duration following the expiry date of application. The Contractor affected by force majeure shall notify the Contracting Entity after getting released from such effects.

18.1.2. In the event that the above cases are documented and accepted by the Contracting Entity, the duration shall be extended and its scope shall be notified to the Contractor. In this case, the Contractor shall submit the schedule indicating the new delivery times within ................... days at the latest31.

18.1.3. The Parties shall make their best endeavors to minimize delays that are possible to arise while fulfilling their contractual obligations as a result of force majeure.

18.2. Reasons Attributable to the Contracting Entity:
18.2.1. In the event that the Contracting Entity does not fulfill the contractual obligations (delay in handing over the worksite and approval of the projects etc.) within the stipulated duration without any default of the contractor as specified in the contract, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting Entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting Entity may extend the time for a part of or whole work according to the nature of the work.

18.2.2. In the event that the duration of the contract is extended, the Contractor shall submit the schedule indicating the new delivery times within maximum ................. days32.

18.3. ...............................................................................................................33

Article 19 – Conditions for Assignment of Contract
19.1. Conditions for Assignment: It shall be possible to assign the Contract upon written consent of the Contracting Officer under compulsory circumstances. The Contracting Entity shall check whether there is any hindrance as per Article 16 of Public Procurement Contracts Law No. 4735 while considering the demands for assigning the contract. Following the essential approval of the Contracting Officer, the assignee of the contract shall be liable to provide performance bond at the rate of 6% of the contract amount to the Contracting Entity over the values listed in Public Procurement Law No. 4734 before concluding the Assignment Contract. In this case, the Contracting Entity shall return the performance bond received from the assignor within one business day following the conclusion of the Assignment Contract. The signatures of the Contracting Officer, assignor and the assignee shall be affixed to the Assignment Contract and the statements of the assignor and the assignee to the effect that they are not in the cases specified in Article 16 of Public Procurement Contracts Law No. 4735 shall be within the Assignment Contract, and the assigned receivables must meet the requirements applicable for the initial procurement. Approval of the Assignment Contract by the Contracting Officer shall not release the assignor from any liability concerning the works carried out until the date of assignment.

19.2. Unauthorized Assignment: In the event that the Contractor assigns the contract without any authorization, the Contract shall be terminated and provisions of Article 16 of Law No. 4735 shall be applicable. In the event that the Contracting Entity realizes that the Contractor assigns or is assigned another contract within three years following and prior to the assignment date excluding the unauthorized assignment of the contract or assignments made in order to change the title and legal status of the company, the Contract shall be terminated and provisions of Articles 20, 22 and 26 of Law No. 4735 shall be applicable for the assignor and the assignee.

Article 20 – Amendment to the Contract
20.1. It shall be possible to amend the provisions of the contract on the following points provided that the contract price is not exceeded and it is agreed by both the Contracting Entity and the Contractor after the Contract is signed.

a) Installation or delivery place of the product
b) Duration of the work and terms of payment for this duration provided that the product is installed and delivered before its due time.

20.2. It shall not be possible to amend the provisions of the Contract and arrange a supplemental contract apart from the cases cited above.

Article 21 – Liabilities of the Contractor34
21.1. General Liabilities of the Contractor35
The Contractor hereby agrees and represents to pay essential attention and care to the works, to provide/ carry out the goods/ work under the contract with regard to time, amount and price as stipulated in the Contract and tender documents, and to remedy any possible defects pursuant to the provisions of the contract. The Contractor shall be liable to prepare any machine, equipment and auxiliary plant required for delivery and installation of the goods in accordance with the undertaken work and the schedule, and to provide any material and staff required. In the event that the Contractor does not comply with the notices and instructions given by the Contracting Entity, and violates the liabilities specified herein, the Contractor shall be liable to meet all losses to the Contracting Entity and third parties.

21.2. Liabilities of the Contractor for Installation
21.2.1. It shall be checked and considered whether the preparations made and measures taken by the Contractor are satisfactory to perform the contract in accordance with the delivery schedule both at the beginning and progress of the contract.

21.2.2. The Contractor shall be liable to compensate any possible damages arising from electricity, water, gas facilities and connections required for installation and other works.

21.3. The Work Schedule
21.3.1. The staff of the Contractor shall carry out the works at working hours according to the specification and specified in the delivery schedule. However, in the event that there is a change to the delivery schedule including installation of the goods purchased by the Contracting Entity and production in site, the Contractor shall change the working hours in accordance with this new schedule upon the request of the Contracting Entity. The Contractor shall not claim any increase in the price due to such changes.

21.3.2. The Contractor shall prepare an activity report in 3 copies and submit to the Contracting Entity for the works that continues for more than 1 month and that require installation at the end of every month. Reporting by the Contractor shall continue until the acceptance date. Each report shall contain;

a) Amount of goods delivered, stage of work and stages of works carried out by subcontractors,
b) Information about installation, storage of goods, commissioning, training etc..
c) Information about incidents causing danger, safety issues including environmental events,
d) Details of events jeopardizing the completion of work, comparison of delivery schedule and actual progress, measures taken or to be taken to remedy the delays,
e) Records about the staff of the Contractor,
f) Quality Certificates, test results and certificates of materials if any,

as well as additional documents and data requested by the Contracting Entity.

21.4. Safety Measures

The Contractor hereby agrees to;
a) Comply with all safety rules applicable for the work,
b) Ensure safety of all staff authorized to stay in the worksite,
c) Take all measures to ensure safety of the worksite and any equipment, materials, instruments as well as data and documents provided to carry out the works,
d) Take all measures to ensure safety of life and properties of third persons while supplying the goods and fulfilling other obligations pursuant to the relevant legislation.

21.5. Liabilities of the Contractor for the Employed Staff

21.5.1. The Contractor shall take all safety measures with regard to occupational health in accordance with the relevant laws, regulations and ordinances as well as ILO standards during the performance of works.

21.5.2. The Contractor shall meet the costs due to the treatment of Contractor's staff that are subject to accidents and the relevant indemnification payable although the Contractor takes the necessary measures as per the relevant legislation. Furthermore, the funeral costs of the staff that dies at work or due to work as well as the indemnification payable to his/ her family shall be met by the Contractor.

21.5.3. Technical and administrative staff of the Contractor, Subcontractors as well as their relevant staff that are determined by the Contracting Entity to be inconvenient to work, shall immediately be dismissed upon notification by the Contracting Entity.

21.6. Transportation of Goods
21.6.1. Any transportation cost concerning the performance of works under this contract shall be .................................................... in the contract amount36.

21.6.2. The Contractor shall be responsible for packaging, loading, transportation, delivery, unloading, storage and protection of all goods as well as installation materials and equipment required for the work. The Contractor shall be liable for any damages possible to arise during the transportation of materials.

21.6.3. The Contractor shall be responsible for packaging, loading, transportation, delivery, unloading, storage and protection of all goods as well as installation materials and equipments required for the work with regard to supplies requiring international or overseas transportation in compliance with Incoterms 2000 and updated texts that shall be published thereafter.



21.7. Access Roads
The Contractor shall make acceptable effort not to damage the roads and bridges due to the traffic flow during the transportation of goods and the relevant staff. To this effect, appropriate vehicles and roads shall be used. If it is necessary to take permission from the authorized bodies for using the roads, the Contractor shall take such permission prior to transportation. Any claim by the relevant bodies and institutions with regard to using the access roads shall be met by the Contractor.

21.8. Environmental Protection and Avoidance of Interference
21.8.1. The Contractor shall avoid from unnecessary and unjust interferences and interventions to the public peace and order during the transportation and installation of goods.

21.8.2. The Contractor shall be responsible for all results of such unnecessary and unjust interferences and interventions.

21.8.3. The Contractor shall take measures as per the provisions of environmental legislation and other relevant legislation according to the nature of the goods under the Contract in order to protect the environment during unloading and installation. The Contractor shall be liable to take all acceptable measures to remedy damages and inconveniences to the public and properties due to pollution, noise and similar reasons possible to arise as a result of such activities, and shall comply with the applicable legislation on health and environment. In the event that the damages possible to arise due to the default of the Contractor to fulfill this obligation are compensated by the Contracting Entity, all prices paid compulsorily by the Contracting Entity shall be deducted from the receivables of the Contractor. In the event that the receivables of the Contractor are not sufficient to meet such prices, the right of the Contracting Entity to sue against the Contractor shall be reserved.

21.9. Confidentiality: The Contractor shall keep any information and documents related to the work private and confidential and shall not disclose or publish any detail of the Contract without prior consent of the Contracting Entity apart from purposes to perform the Contract. If any dispute arises with regard to the requirement to disclose or publish any detail in accordance with the purposes of the Contract provided that the resolutions of Turkish judiciary bodies are reserved, the resolution of the Contracting Entity to this effect shall be the final resolution.

Article 22 – Training37
22.1. The training ............................................................ for this work.
22.2. The training cost ................................................ in the contract amount.38

Article 23 – New Model and Documentation39
23.1. In the event that it is possible to modify the goods under this Contract hereby to the new designed or manufactured model as a nature of the goods, the Contracting Entity may demand from the Contractor to modify the goods to the new designed or manufactured model provided that it is in compliance with the technical specification. In the case of such a demand, the Contractor shall be liable to act according to the demand of the Contracting Entity as soon as possible without claiming extension of time. The Contractor shall submit the following updated documents every three (3) months (quarterly) according to the new model of the goods:

   1. Operating principles of the parts,
2. Maintenance instructions for the replaced parts of the system,
   3. New maintenance procedures for the system,
4. Installation data required for installation of new parts,
   5. Manuals indicating or containing the revisions,
   6. ..................................................................................
       ..................................................................................

23.2. The Contractor shall submit these documents together with two Turkish copies other than the two (2) original languages to the Contracting Entity.

Article 24 – Packaging40
The subject goods under the Contract shall be delivered in the original packaging unless otherwise agreed in the technical specification. Damages, losses and defects that are possible to arise if the goods are not packaged as specified in the technical specification and that are not covered by insurance shall be met by the Contractor.

Article 25 – Prohibition of Advertisement41
The Contractor may not use or publish the name of the Contracting Entity in any leaflet or any presentation document with regard to the goods supplied without any written consent of the Contracting Entity.

Article 26 – Intellectual and Industrial Property Rights42
26.1. The Contractor shall pay the property right prices of goods and installation systems to be provided according to the provisions of this Contract hereby as well as the trademarks, patents, industrial designs and beneficial models belonging to any part of them. In the event that any right and/or interest subject to intellectual and/or industrial property under protection as per the provisions of the relevant legislation is violated when or since the Contractor is fulfilling the obligations, any administrative, legal, penal and financial liability to this effect shall be of the Contractor. The Contractor shall not be entitled to make any claim from the Contracting Entity in this matter. If the Contracting Entity faces any legal sanction in spite of this, it shall be assigned to the Contractor upon the written request of the Contracting Entity provided that its other rights are reserved. The Contractor shall be liable to provide all information and documents with regard to the fact whether there is intellectual and industrial property of the service undertaken, and if so, the rights and liabilities towards itself and third persons before concluding the contract. If the Contracting Entity encounters any damage or loss of right since this obligation is not fulfilled by the Contractor, the Contracting Entity shall receive and charge any loss (including the loss of profit and missed opportunities) from/ with the Contractor provided that other rights are reserved.

26.2. The Contractor shall supply the intellectual and/ or industrial property rights on the goods or rights on the piece for and on behalf of the Contracting Entity.

26.3. In the event that the said goods are within the scope of a new patent, design, invention or beneficial model etc. developed by the Contracting Entity, the Contractor hereby accepts and commits that he shall not intervene with these intellectual and industrial rights and shall not claim any industrial right with regard to the projects and technical documents submitted.

Article 27 – Compliance with Legislation
The Contractor shall comply with the following, including submitting all relevant notices and making all payments:

(a) All laws, regulations, ordinances, decrees, circulars, communiqués and other relevant legislation concerning performance and completion of the work and remedying the possible defects in the goods/ work,

(b) Resolutions by the public bodies and institutions as well as courts,

and shall indemnify the Contracting Entity against all penalties and liabilities that it may encounter due to the breach of these provisions.

Article 28 – Staff of the Contractor, the Contracting Entity, Principles of Cooperating with Third Parties and Other Contractors
The Contractor shall provide any facilitation for,

a) All other Contractors that the Contracting Entity concludes contract due to the works outside this Contract and that carry out works within the same worksite with the Contractor and their staff,
b) Staff of the Contracting Entity,
c) Other persons and their staff authorized to work in order to perform any Contract of the work not included in this Contract or that is concluded in connection with or in assistance with the work under this Contract in the worksite or nearby.

Article 29 – Indemnification Liability of the Contractor
29.1. The Contractor shall directly be liable to the third parties, environment and the Contracting Entity with regard to the damage caused by the fact that the Contractor supplies, delivers or uses defective goods incompatible with the standards under the Contract, and the Contractor does not perform the work in accordance with the provisions of the Contract and the specification and caused by similar reasons. Furthermore, provisions of Article 27 of Law No. 4735 shall applicable for such Contractors.

29.2. The Contractor shall be responsible for the protection of the goods under the Contract until their acceptance with regard to the purchases on the basis/ condition of delivery. Therefore, the Contractor shall be liable to replace the goods with a new one if the goods become defective, partially or wholly damaged by earthquake, flood, landslide, storm, fire, robbery or loss of profit and damage to the third parties occur.

29.3. In the event that the goods are insured by the Contractor in his/ her name and account, one copy of the said insurance policies shall be submitted to the Contracting Entity by the Contractor.

Article 30- Increased works, decreased works and dissolution of works that are possible within the scope of contract43
........................................................................................................................

Article 31 – Insurance44
31.1. In cases where insurance is not compulsory in the Administrative Specification, the losses due to the lack of insurance for the period when the goods are delivered to the Contracting Entity and accepted shall be compensated by the Contractor.

31.2. Unless otherwise specified in the Contract or annexes, the Contractor shall be liable to insure (all risk insurance policy) all parts of the work carried out by means of any good, instrument, material, working machine, vehicle, plant etc. within the worksite against earthquake, flood, landslide, storm, fire, robbery, loss of profit, financial liability to third parties etc. and those required by the Contracting Entity according to their nature. The prices taken as basis for the insurance shall be the sum of prices calculated according to the market values of temporary plants, machinery, instruments, vehicles etc. as well as the price of the goods and amount of payment. Liabilities and obligations undertaken by the Contractor under this Contract hereby shall be limited to the said (all risk) insurance policies.

31.3. If such an obligation is not specified by the Contracting Entity in the Administrative Specification and Contract, the Contractor shall be liable to protect the goods under the Contract and any instruments, materials, working machinery, vehicles etc. until the acceptance date in compliance with the provisions regulating the process from the beginning until the end of the acceptance period and to compensate any possible damages thereof.

31.4. Submitting the Policies to the Contracting Entity
In cases where insurance is compulsory, the Contractor shall be liable to submit the said insurance policies together with the work schedule to the Contracting Entity. Otherwise, payment shall be impossible. In the event that the Contract is terminated or dissolved, such insurance policies shall continue until the work is awarded to the new Contractor and insurance costs for this period shall be met by the first Contractor. However, this period shall not exceed 90 (ninety) days following the termination or dissolution date of the Contract.

Article 32 – Liabilities of the Contracting Entity45
32.1. Hand-Over of the Worksite to the Contractor for Works Requiring Installation
The worksites where the goods shall be installed according to the type and nature of the goods shall be made available to the Contractor with the letter of Proceed to Work following the signing date of the Contract. Minutes shall be issued to indicate the current status of the Worksite by the parties during handing over of the worksite. The Contracting Entity shall notify in writing to the Contractor the places where the goods shall be installed and shall always have the right to change the same. If the worksite is changed and delay occurs in handing over the places to the Contractor where the goods shall be delivered or installed and this delay affects the completion of part of whole of the Work in a timely manner, the duration of work shall be extended by the Contracting Entity as necessary for the part of or whole work. The places where the materials and tools owned by the Contractor shall be placed and places where the staff shall work shall be provided by the Contracting Entity free of charge to the Contractor.

32.2. Hand-Over of the Plans and Projects to the Contractor for Works Requiring Installation
According to the type and nature of the goods, the Contracting Entity shall deliver the plans and projects that the Contractor may need during installation to the Contractor with a protocol. The Contractor shall have the right to request more copies from the said documents provided that related costs are covered. The Contractor shall be liable to protect the confidentiality of all plans and projects delivered.

32.3. Permissions and Licenses
It shall be under the liability of the Contracting Entity to take the required permissions, licenses and approvals under the liability of the Contracting Entity for delivery and/ or installation of the goods under the Contract and/ or to provide essential assistance to the Contractor in this matter.

32.4. Contracting Entity's Staff
If it is necessary that the Contractor needs assistance from or cooperate with the staff of the Contracting Entity for delivery, installation of the goods, commissioning and training activities concerning the goods provided that it is limited to the subject of the Contract and specified in the specification, the Contracting Entity shall provide essential assistance to the Contractor's staff and/ or notify the name, surname, employed unit, of the assigned staff as well as the scope and time of assistance or work to the Contractor in writing.

Article 33 – Declarations, Approvals, Certifications, Documents and Assessments
All communications between the Contracting Entity and the Contractor shall be in writing. If it is required that one of the parties needs to make notice, notification or invitation for any permission, certification, document, approval or assessment in relation to the performance of the work and delivery of the goods, relevant communications shall be in writing unless otherwise agreed by the Parties.

Article 34 – Representative of the Contractor
The Contractor may assign an authorized representative with the approval of the Contracting Entity while fulfilling the relevant contractual obligations. In this case, the Contractor shall be liable to submit the letter of authorization issued by a notary public within the notification periods and conditions stipulated by the Contracting Entity as well as the name, surname, address and phone number of the authorized representative (representative of the Contractor) to the Contracting Entity. Representative of the Contractor shall cooperate with the Commission during the inspections and studies concerning the works as required by the Contracting Entity.

Article 35 – Inspection, Examination and Acceptance46
35.1. ..................................................................................................................
...........................................................................................................................

35.2. The examination and acceptance shall not be performed unless the goods and works carried out are delivered to the Contracting Entity by the contractor. However, the goods that are purchased, examined and stored at the same time are hereby excluded.

Article 36 – Issuance of Payment Documents
36.1. If the goods to be delivered by the Contractor is received in lots or parts in bulk or delivered at one time, the following shall be written into the minutes by the Commission in the presence of the Contractor or the representative for each delivery;

a)Quantity of goods delivered since the beginning of the Contract,
b)Compatibility of the goods or works carried out with the Contract and annexed technical specification.

The Commission shall indicate the quality of the goods and their compatibility with the technical specification, and if any, rate and number of fault and defective goods in the report as a consequence of the said minutes. The Commission shall also write its additional opinions not limited to those written herein within the scope of the duties and authorities of the Commission in accordance with the contract and technical specification.

36.2. If it is stated in the report by the Commission that the goods are accepted without any defect or with defect accepted to the rate as specified in the administrative specification on condition that they will be replaced later, a report shall be drawn up and submitted to the Contracting Entity to the effect that the goods shall be accepted and/ or rejected since they do not meet the requirements or comply with the technical specification.

36.3. The Contracting Entity shall initiate the payment process by preparing a payment document in accordance with the legislation concerning the payment of the value of the goods by enclosing the acceptance document to the payment document. However, payments relevant to Letter of Credits and Advance Payments shall be exempted from examination and acceptance processes.

36.4. The Contracting Entity shall effect payment to the Contractor or representative within ....................... days47 at the latest following the issuance of the acceptance report and upon the written request of the Contractor.

Article 37 – Liability for Defects and Faults Following the Acceptance
If there is loss or damage in the goods delivered by the Contractor under this Contract hereby owing to the fact that defective material is used or the goods are not in compliance with the technical requirements, such loss or damage shall be remedied or compensated by the Contractor.

Article 38 – Liability of the Contractor for Work Guaranteed to be Delivered
38.1. The fact that any work is carried out under the supervision of the Commission shall not release the liability and responsibility of the Contractor to deliver the work in accordance with the relevant laws, professional rules, legislation concerning the type of good, contract and the specifications. The goods shall not be examined unless delivered to the Contracting Entity. However, goods that are stored by purchasing and examining simultaneously shall be an exception.

38.2. If the Contractor claims that the installation projects and/ or technical documents, the site indicated for installation or delivery are at the nature to hinder the performance of the Contract or insufficient technically, the Contractor shall be liable to submit the opposite opinions or documents to this effect within ............... (..........) days following the submittal of instructions or documents to the Contracting Entity with a letter.

Article 39 – Works Not In Compliance With the Contract and Annexes
39.1. The Contractor shall replace or remedy the goods whose delivery, installation and packaging are not in compliance with the contract and specifications, and that are fault and defective within the indicated period upon the instruction of the Contracting Entity free of charge with the domestic and international transportation and customs duties etc. costs on his own account. If there is a delay in this matter, provisions of this Contract concerning the delay penalty shall be applicable.

39.2. Works proposed by the Contractor different from the technical document shall be accepted provided that they are in compliance with technical and artistic rules as well as the requirements and that have better properties than the existing goods upon the approval of the commission. But, the Contractor shall not be entitled to claim additional value in this case.

Article 40 – Approval Not Releasing Liability
Inspection of any work during production or manufacturing prior to delivery or approval of the work shall not release the Contractor from the liability and responsibility to carry out the work under this Contract in full compliance with the projects, contract and specifications, technical and crafts rules.

Article 41 – Warranty, Maintenance & Repair48
41.1. Warranty: The goods that will be delivered by the contractor shall have the minimum warranty period of ............................... months/years. The contractor shall be liable to issue the guarantee certificates pertinent to these goods under the name of Contracting Entity and submit the original copies to the Contracting Entity. It shall be under the liability of the contractor that any fault, defect and imperfection to be determined in the material covered by guarantee during the contract period are remedied by the person or corporate body providing the guarantee. If this liability is not fulfilled by the contractor, the Contracting Entity shall have the right to deduct all expenses incurred to provide guarantee from the receivables of the contractor or collect the same by converting the performance bond into cash.

41.1.1. The maintenance of good shall be provided by the contractor at the periods specified in the operation manual or other documentation of the goods during the warranty period provided that the cost of any consumable is borne by the ...................................49

41.2. Maintenance, Repair and Supply of Spare Parts after the Warranty Period50
........................................................................................................................
........................................................................................................................
........................................................................................................................

41.3. The contractor shall be liable for the losses and damages that may occur to the goods since the Contractor fails to fulfill his obligation in respect of maintenance and repair or fulfills such obligation with any delay although it is stipulated in the contract. If the goods are impossible to be repaired due to the failure of the Contractor to fulfill his obligation completely or in a timely manner and this situation is outside the scope of guarantee, the Contractor shall be liable to provide the same goods free of charge.

Article 42 – Termination and Dissolution of the Contract
42.1. Termination of Contract by the Contracting Entity
The Contracting Entity shall terminate the Contract in the following cases:
a)    If the Contractor does not perform the Contract in accordance with the provisions of the tender document and the Contract or complete the work in time, and if the same situation continues in spite of the written notice of the Contracting Entity for a period specified in this Contract, but not less than twenty (20) days with regard to the application of the delay penalty at the rate stipulated in the Article of the Contract concerning delay penalties,

b)    If it is determined that the Contractor enters into prohibited deeds or actions stipulated in Article 25 of Public Procurement Contracts Law No. 4735 during the performance of the Contract,

   the performance bonds and, if any, additional performance bonds shall be registered as revenue and the Contract shall be terminated, and the account shall be dissolved according to the general provisions without any need for a written protest.

42.2. Termination of the Contract Due to Prohibited Deeds and Actions Prior to Contract
If it is found out after the Contract is concluded that the Contractor has entered into prohibited acts or deeds during the procurement process as per Law No. 4734, the performance bond, and if any, additional performance bonds shall be registered as revenue and the contract shall be terminated, and the final account shall be dissolved according to the general provisions. However, provided that at least 80% of the contract is completed and there is public interest in the completion of the contract, in the case that;

(a)    There is not sufficient time to procurement the remaining part of the contract again due to urgency of work,
(b)    It is not possible to have any other contractor perform the contract, and
(c)    Prohibited act or deed of the Contractors does not hinder the completion of the contract,

the Contracting Entity may require from the Contractor to complete the contract without terminating the contract, and in this case, the Contractor shall be liable to complete the contract. However, in this case, Article 26 of Law No. 4735 shall be applied and penalty shall be received from the Contractor at an amount equal to the performance bond, and if any, additional performance bonds. Such penalty may be collected by making deductions from the payments.

42.3. Termination of Contract Due to Force Majeure
The Contracting Entity or Contractor may unilaterally terminate the Contract due to force majeure. If the Contractor requests time extension due to such force majeure, the work has to be completed according to the contract and annexes thereto at the end of the time extended to enable to Contracting Entity to terminate the contract. In the event that the contract is terminated, the final account shall be dissolved according to the general provisions and the performance bond, and if any, additional performance bonds shall be registered as revenue.

42.4. Termination of Contract by Contractor
Should the Contractor notifies in writing with the reasons thereof to the Contracting Entity that he shall not be able to perform the contract since he is in a financial difficulty except for the force majeure after the contract is concluded, the performance bond, and if any, additional performance bonds shall be registered as revenue without any necessity to issue a letter of protest and the contract shall be terminated, and the final account shall be settled according to the general provisions.

42.5. Determination of Date of Termination
42.5.1. The Contract shall be deemed terminated when the request of the Contractor to terminate the contract is delivered to the Contracting Entity according Article 19 of Law No. 4735, and upon the expiry of the period according to paragraph (a) of Article 20 of the same law and as of the date of determination according to paragraph (b) of Article 20 and Article 21. The resolution for termination shall be taken by the Contracting Entity within seven days following such dates. Such resolution shall be notified to the Contracting Entity within seven days following the date of resolution.

42.5.2. Should the contract is terminated according to Articles 19, 20 and 21 of Law No. 4735, performance bond, and if any, additional performance bonds shall be updated according to the monthly wholesale price index published by the State Statistics Institute from the date of furnishing the same until such bonds are registered as revenue. The difference between the updated amount and the amount of performance bond, and if any, additional performance bonds shall be received from the Contractor. In cases where the performance bond is received by deducting from the payments, the received amount shall be registered as revenue, and furthermore, the amount of performance bond corresponding to the amount of work not performed following the date of termination shall be updated accordingly and received from the Contractor. The performance bonds that are registered as revenue may not be set-off against the liability of the Contractor.

42.5.3. Should the contract is terminated according to Articles 19, 20 and 21 of Law No. 4735, provisions of Article 26 of Law No. 4735 shall be applied for the Contractors. Furthermore, any loss and damage incurred by the Contracting Entity due to the termination of the contract shall be indemnified by the Contractor. The Contracting Entity shall, following such termination, be free to procurement the work according to any proper procedures set forth in the Law #4734. The Contractor shall not be entitled to claim any right since the remaining works are awarded to another contractor.

42.6. The Proceedings to be followed in the case of Termination
42.6.1. If the Contract is terminated, the Contractor shall leave the worksite. The Contractor shall submit the materials, tools, all papers and documents, designs and drawings designated for work to the Contracting Entity with a written protocol. The Contractor shall comply with the reasonable instructions given by the Contracting Entity in respect of subcontracts, protection of worksite and the safety measures that must be taken. Should the Contract is terminated and the Contracting Entity arranges another Contractor to complete the work, the documents of the Contractor may be used. In this case, the Contractor may not claim any right.

42.6.2. The Contracting Entity shall notify in writing to the Contractor the time of handing over the installation materials and temporary facilities in the worksite. Upon this notification, the Contractor shall leave the worksite with all risks and costs on his account. If there is any amount payable to the Contracting Entity by the Contractor, the Contracting Entity may sell such materials and temporary facilities to cover this amount, and if any, the remaining amount shall be paid to the Contractor.

42.6.3. As of the date of such termination, the Contracting Entity shall determine the quantity of goods performed or delivered by the Contractor as well as the costs for remedying the faults and defects, and the amounts that must be paid to the Contractor pursuant to the Contract.

42.6.4. The Contracting Entity shall have the right to suspend the payments that it will make to the Contractor until the costs to be incurred by the Contracting Entity are determined if there are faults and defects.

42.6.5. General provisions shall be applied in cases not included in this Contract hereby and the attached specifications.

42.6.6. If the Contract is terminated, the performance bond, and if any, additional performance bonds of the Contractor shall be registered as revenue;

   a) Directly if it is Turkish Lira in currency,
b) By collecting from the bank if it is a bank letter of guarantee,
   c) By converting to cash if it is state debenture bond or bond including Treasury security.

The performance bond, which is registered as revenue, shall not be set-off against any debt of the Contractor.

42.7. Evacuation of Contractor's Goods In case of Termination of Contract51
42.7.1. If the Contract is terminated, the Contractor shall not have the right to dismount the temporary facilities and the installations relating to the same and take any of the materials, tools and machines located in the worksite to another place or assign the same to another person, or make changes to the worksite without prior consent of the Contracting Entity. The Contracting Entity may take control of the worksite and evacuate the Contractor's organization away from the worksite when deemed necessary to prevent the Contractor from entering to such acts.

42.7.2. The Contracting Entity, at its discretion, may choose to purchase these temporary facilities, installations, materials, machines, tools and spare parts related to the same. If the Contracting Entity does not choose to purchase the said temporary facilities, materials and others, the Contractor shall be obliged to remove the same from the worksite within a period to be determined by the Contracting Entity.

Article 43- Death of Contractor
If the Contractor dies, the contract shall be terminated and the final account shall be settled according to the general provisions, and the performance bond, and if any, additional performance bonds shall be delivered to the inheritors. However, the contract may be assigned to the heirs meeting the same requirements and making request to this end upon approval of the Contracting Entity on condition that the performance bond is furnished for the whole contract including the additional performance bonds if any within thirty days following the date of such death.

Article 44- Bankruptcy of Contractor
If the Contractor enters into bankruptcy, the contract shall be terminated and the provisions of Articles 20 and 22 of Law No. 4735 shall be applied for the Contractor except for any prohibition.

Article 45- Heavy Disease, Detention or Imprisonment of Contractor
If the Contractor enters into a situation to fail performing the contract due to any heavy disease, detention or imprisonment limiting the freedom to the extent to prevent the Contractor to fulfill the provisions of this Contract hereby, he can continue to perform the contract by assigning a representative acceptable to the Contracting Entity within 30 (thirty) days following the occurrence of the same. If the Contractor is deprived of the opportunity to assign a representative with his own will, then it may be required from the authorized persons to assign a legal representative within the same period according to the general provisions. If the foregoing provisions are not applied, the contract shall be terminated and the provisions of Articles 20 and 22 of Law No. 4735 shall be applied except for any prohibition.

Article 46- Death, Bankruptcy, Heavy Disease, Detention or Imprisonment If the Contractor is a Joint Venture
Death, bankruptcy, heavy disease, detention and imprisonment limiting the freedom of one of the physical or juridical persons constituting the joint venture or dissolution of such joint venture in respect of the contracts undertaken by joint ventures shall not prevent the performance of the contract. However, if one of such persons is notified to Contracting Entity as pilot or coordinating partner, the contract shall be terminated in the events of bankruptcy, heavy disease, detention and imprisonment limiting the freedom or the dissolution of the pilot or coordinating partner in view of the pilot or coordinating partner being physical or juridical person, and the provisions of Articles 20 and 22 of Law No. 4735 shall be applied except for any prohibition. If the pilot or coordinating partner dies, the contract shall be terminated and the works completed shall be dissolved, and the performance bond shall be returned. The work shall be continued by renewing the contract with the proposal of other partners within 30 (thirty) days following the occurrence of the same and upon approval of the Contracting Entity provided that the responsibilities undertaken by the pilot or coordinating partner for the respective work including the performance bond are undertaken by the respective partners. In the events of death, bankruptcy, heavy disease, detention and imprisonment limiting the freedom or dissolution of one of the partners other than the pilot or coordinating partner, other partners shall continue to perform the contract by undertaking the responsibilities including the performance bond in respect of such work.

Article 47- Liability of Contractor for Penalty
The competent Public Prosecution Office shall be referred for investigation according to the provisions of Turkish Penal Code against the Contractor who enters into the acts or deeds constituting crime as per the Turkish Penal Code as set forth in Article 25 of Law No. 4735 as well as

ANNEX: 5
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE NEGOTIATED TENDER PROCUREMENT

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

Article 1- Information About the Contracting Entity
1.1. Contracting Entity's;
a)  Name  :.................................................................................................
b)  Address:...
c)  Phone Number:...
d)  Fax Number:...
            e)  E-mail:..................................................................................................
f)  Name- Surname/ Title of the Contact Person: ....................................................................

1.2. The tenderers may get information about the procurement by contacting the contact persons from the addresses and numbers given above.

Article 2- Information about the subject work of procurement
Goods, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Quantity and type:...
d)   Place of delivery:...
e)   Other information: ....................................................................................

Article 3-Information About the Procurement
Information about the procurement;
a)  Procurement procedure: Negotiated Tender Procedure
b)  Place (address) of procurement:............................................................................................

Article 4- Reviewing and obtaining the tender document
4.1. The tender document may be reviewed at the address specified above free of charge. However, those who shall submit their tenders to the contracting entity shall be liable to purchase the tender document approved by the contracting entity.
a)The place where the tender document can be reviewed:......................................................
b)The place where the tender document can be purchased:.....................................................
c)Sales price of tender document (including tax if any): ..........................................

4.2. The tender document shall be provided along with a memorandum indicating the documents in the content. The tenderer shall check whether the documents comprising the tender document are true copies and the documents are complete. The contracting entity shall receive the declaration of the tenderer indicating that he has received all true copy documents comprising the tender document with a signature affixed on the said memorandum.

4.3. The tenderer shall be deemed to accept the conditions and rules within the tender document by purchasing the said document.

4.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 47) If the papers comprising the tender document are issued and sold to the tenderers in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the contracting entity and tenderers.

Article 5- The place where the qualification applications shall be submitted, deadline date and time of application
5.1. The place where the qualification applications shall be submitted, deadline date and time of application, and the date and time of commencement to the evaluation for qualification;
a)  The place where the qualification applications shall be submitted:......................................
b)  Deadline date and time of application:..............................................................
      c)  Date and time of commencement to evaluation of qualification:...............................

5.2. The qualification documents can be submitted to the place specified above until the deadline date and time of application or sent via registered and prepaid mail. The qualification documents that are not received by the contracting entity until the deadline time of application shall not be taken into consideration.

5.3. The applications for qualification submitted to or received by the Contracting entity shall not be returned for any reason other than for issuing addendum in accordance with Article 12 of this Specification hereby.

5.4. In the event that the date determined for the evaluation of qualification is holiday, the evaluation for qualification shall be made on the next business day at the time specified above at the same place, and the applications for qualification submitted up to that time shall be accepted.

5.5. The evaluation of qualification shall be held at the time specified above in the event that working hours change later.

5.6. National time setting of Turkish Radio Television Authority (TRT) shall be taken as basis for time settings.

Article 6- Scope of tender document
6.1 The tender document comprises of the following documents:
a)Administrative Specification
b)List of Needs
c)Technical Specification
d)Draft Contract
e)    Standard forms:
   .......................................................................
   ......................................................
6.2. In addition, addenda to be published by the Contracting entity as well as the written clarifications to be made by the Contracting entity upon the written request of the tenderers shall be an integral part of the tender documents in accordance with the relevant provisions of this Specification hereby.

6.3. The tenderer shall be liable to carefully review the content of all document listed above. The tenderer shall be liable in the event that the tenderer does not fulfill the requirements for evaluation of qualification and submitting the tender. The applications for qualification and tenders that are not in compliance with the procedure stipulated and described in the tender document shall not be taken into consideration.

II- MATTERS CONCERNING PARTICIPATION IN PROCUREMENT

Article 7- Those that cannot participate in the procurement
7.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Wives and close relatives up to third generation as well as relatives–in–law up to second generation, and adopted children of the persons specified in paragraphs (c) and (d).
f) Partners and shares of the persons specified in paragraphs (c), (d) and (e) (excluding the incorporated companies in which such persons are not within the Board of Directors or do not have more than 10% of the capital).
g) Tenderers of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per sub-paragraph 8 of paragraph (b) of Article 53 of Law No. 4734.

7.2. Any bodies such as foundations, associations, unions and fund under the body of the Contracting entity or established for any reason related to the Contracting entity as well as the companies partner to these organizations cannot participate in the procurement.

7.3. Furthermore, the contractors that provide consultation services in relation to the procurement, which is the subject of the procurement, shall not be able to participate in the procurement. This prohibition shall be applicable for the companies in partnership and management affiliation as well as the companies, which hold more than half of the capital of such companies.

7.4. The tenderers that participate in the procurement irrespective of the provisions above shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of consideration of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 8- Reasons of disqualification from the procurement
The tenderers that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Tenderers that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Tenderers whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Tenderers that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Tenderers that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Tenderers that are charged with any offense due to their business activities within five years prior to the date of procurement.
f) Tenderers that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five years prior to the date of procurement.
g) Tenderers that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
h) Tenderers that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Tenderers that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 7 of the Specification.
j) Tenderers that are determined to enter into prohibited deeds and actions as specified in Article 9 of the Specification.

Article 9- Prohibited acts and behaviors
9.1. It is prohibited to enter into the following acts and behaviors in the procurement process:
a) To plot mischief or attempt to do so in procedures related to the procurement through trick, promise, threat, use of influential forces, false competition, agreement, corruption, bribe or other means.
b) To drift the tenderers into hesitation, to hinder participation, to offer or encourage agreements with the tenderers, to enter into actions affecting competition or resolution of the tender commission.
c) To issue, use counterfeit documents or guarantees, and attempt to such actions.
d) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others apart from the cases of submitting alternative tenders.
e) To participate in the procurement even though the tenderer is prohibited to participate as per Article 8 of this Specification.

9.2. Tenderers that enter into the said prohibited deeds or actions shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 10- Openness of procurement to foreign tenderers1
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................

Article 11- Clarification in the tender document2
11.1. The tenderers shall be able to request a clarification to be made with regard to the points they need in the tender document with a written application until twenty (20) days prior to the deadline date of application or submitting tenders at the stage when the applications or tenders are prepared. The requests for any clarification following this date shall not be taken into consideration.
11.2. In the event that the request for such a clarification is approved, the clarification by the Contracting entity shall be sent to all tenderers in written that purchase the tender document until the said date with a registered and prepaid letter or delivered personally against signature. This written clarification by the Contracting entity shall be made to ensure that all tenderers are informed at least ten (10) days prior to the deadline date of submitting tenders.

11.3. The clarification shall cover the description of the problem and detailed answers of the contracting entity. The identity of the tenderer that requests for a clarification shall not be disclosed.

Article 12- Amendment to tender document 2.1 3
12.1. It is essential that there is not any amendment to the tender document following the announcement of procurement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of applications and tenders or performance of works are determined by the Contracting entity or notified written by the tenderers, an amendment may be made to the tender document by issuing an addendum.

12.2. The said addendum shall be sent to all tenderers who purchase the tender document in written in a registered and prepaid letter or delivered personally in return for a signature, and the tenderers shall be ensured to be notified at least ten (10) days prior to the date of procurement.

12.3. In the event that additional time is needed to prepare tenders due to such an amendment, the Contracting entity may postpone the deadline date of application or submitting tenders for maximum twenty (20) days only once with an addendum. It shall be continued to sell the tender documents and receive the tenders during the term of postponement.

12.4. In the event that an addendum is issued, the tenderers that submit their applications or tenders before such an amendment shall be enabled to withdraw their former applications or tenders and submit their new applications or tenders.

Article 13- Joint ventures
13.1. More than one physical body or corporate body shall be able to submit tenders for the procurement through establishing a joint venture.

13.2. Tenderers that shall submit tender for the procurement through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the application for qualification.

13.3. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.

13.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that physical bodies and legal entities comprising the joint venture shall be liable jointly and successively to perform the contract.

13.5. The pilot partner shall have the majority of shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and Contract.

13.6..............................................................................................................3
Article 14-Subcontractors4
.........................................................................................................................
...
.........................................................................................................................
...
III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF QUALIFICATION DOCUMENTS

Article 15- Documents required for application for qualification
15.1. The tenderers are required to submit the following documents within their applications for qualification:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the tenderer is a physical body, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the tenderer is a corporate body, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the corporate body,
   c) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   1) Signature statement certified by the notary public in the event that the tenderer is a physical body,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the corporate body certified by the notary public in the event that the tenderer is a corporate body,
d) If the tenderer is represented in the procurement, the power of attorney indicating that the representative is authorized to submit tender for and on behalf of the tenderer and signature statement certified by the notary public,
e) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 49) Written letter of commitment evidencing that the tenderer is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 8 of this Specification hereby.
f) In the event that the tenderer is a joint venture, the joint venture statement, form and content of which are described in the Specification hereby and the consortium declaration, form and content of which are specified in this Specification hereby if it is stipulated in Article 13 that the consortiums may submit tenders as well,
g) Qualification Certificates specified in Articles 15.2 and 15.3 of the Specification, and form and content of which are stipulated in Regulation on Implementation of Goods Procurements,
h) Application Letter, form and content of which are described in the Specification,
i) Certificate indicating that the tender document has been purchased,
j) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the tenderer is domestic if so specified in Articles 10 and 41 of this Specification,
k) Certificates evidencing that the goods proposed are domestic if so specified in Article 36 of this Specification,
l) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 49) Declaration concerning the corporate bodies, which the tenderer is partner or shareholder,
m) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 49) Letter of commitment stating that that the work experience certificate shall not be made available to another corporate body if the work experience is required,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 49) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (e), (j), (l) and (m) separately.

15.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet5
15.2.1-...
15.2.2-...
15.2.3-...
...
15.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet 6.
15.3.1-...
15.3.2-...
15.3.3-...
   ...............................................................................................................
15.4. The works that will be accepted as similar works are specified below 6:
15.4.1-................................................................................................................
15.4.2- ................................................................................................................
15.4.3-...

15.5. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 49)
15.5.1- The Tenderers shall be required to submit the originals or notarized copies of the documents listed above 7.
15.5.2- The notarized documents have to bear the expression "this is a true copy" certifying the true copy of the original document, otherwise the documents certified in witness of copies of photocopies of the same with the expression "this is the same copy of the document issued" or any expression with the same meaning shall be rejected.
15.5.3- The Tenderers may also, instead of originals, include into their tenders the copies bearing the expression "Original copy seen by the Contracting entity" or any expression with the same meaning after the contracting entity sees the same prior to the procurement.

15.5.4- The documents except for the ones listed under Article 15.5.4.1 hereunder that will be submitted by the domestic or foreign tenderers have to be issued according to the legislation of the respective country and approved by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs. However, official documents issued from the countries that are party to the Convention on Abolishing the Obligation to Certify Foreign Official Documents and included in the scope of Article 1 of this convention shall be exempted from the approval of the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that they bear the "Apostille" seal. Provided that there is an agreement or convention containing provisions that require certain proceedings in respect of certifying the signature, seal or stamp on the documents between the Republic of Turkey and any other state or states, the approval of documents issued from such countries shall be subject to the provisions of this agreement or convention.

15.5.4.1....................................................................7.17


15.5.5- In the event that the Turkish translations of the documents are required in this Specification, translations of official documents issued abroad as well as the documents listed in the tender document by the Contracting entity have to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs. Translations of documents that bear the seal of Apostille as well as the translations of documents that are not required to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs must be rendered by the sworn translators and notarized.
15.5.6-.......................................................................................................8

Article 16- Applications for qualification and language of tender9
.........................................................................................................................
Article 17- Application for qualification and tender preparation expenses
All costs arising from the preparation and submittal of the applications for qualification and tenders shall be borne by the tenderers. The Contracting entity cannot be held liable for such costs incurred by the tenderer irrespective of the progress and conclusion of the procurement.

Article 18- Way of submitting the applications for qualification
18.1. All qualification documents required in Article 15 of this Specification as a condition to participate in the procurement shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

18.2. The applications for qualification shall be submitted to the Contracting entity (the office where the applications for qualification shall be submitted) in return for receipts with order numbers until the deadline time of application stipulated in the tender document. The applications for qualification submitted after such time shall not be accepted, but returned to the tenderer without opening them.

18.3. The applications for qualification may be submitted by registered and prepaid mail. The applications for qualification sent by mail shall reach to the Contracting entity until the deadline time specified in the tender document. The receiving time of the applications for qualification which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

18.4. The applications for qualification submitted cannot be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

18.5. In the event that the duration of submitting applications for qualification is extended with an addendum, all rights and liabilities of the Contracting entity and tenderers with regard to the former date of submitting applications for qualification shall be deemed extended until the new deadline date of submitting applications for qualification.

Article 19- Freedom of the contracting entity to cancel the procurement before the time of procurement
19.1. When deemed necessary by the Contracting entity or in the event that the points which hinder the procurement and impossible to remedy are determined in the tender document, the procurement may be cancelled before the time of procurement.

19.2. In this case, the cancellation of the procurement shall be notified to the tenderers indicating the reason of such cancellation. The tenderers that submit their tenders up to that time shall be informed about the cancellation of the procurement separately.

19.3. In the event that the procurement is cancelled, all tenders submitted shall be deemed rejected and such tenders shall be returned to the tenderers without opening them.

19.4. The tenderers shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement.

IV- MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 20- Type of tender and procurement10
........................
...

Article 21- Currency applicable for tenders and payments11
........................................................................................................................
.................................................................................................................................................................................................................................................

Article 22- Partial tenders12
22.1. Partial tender for the subject work ................................................................................................
...
...

22.2.13...............................................................................................................................................................................................................................................................................................................................................................

Article 23- Alternative tenders14
In relation to the subject work, ... ...
Article 24- Costs included in the tender price
24.1.15................................................................................................................
..................................................................................................................................................................................................................................................................
...

24.2. In the event that any increase occurs in the expenses provided in article (24.1.) or similar costs arise, it shall be assumed that the tender price meets such increases or differences.

24.3. The Value Added Tax (VAT) payable when the price of the work which is the subject of the contract is paid shall be paid separately to the contractor by the Contracting entity in accordance with the relevant legislation.

Article 25- Documents constituting the tender
25.1. The tenders to be submitted by the tenderers including the price shall consist of the following documents:

a) Bid bond, form and content of which are described in this Specification,
b) Tender Letter, form and content of which are described in this Specification,
c) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 50) Written letter of commitment evidencing that the tenderer is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 8 of this Specification hereby,
d) Recommendations of tenderers on the works for which they intend to assign subcontractors and the list of such works in the event that it is specified in Article 14 of the Specification hereby,
e) In respect of other documents that the contracting entity may require,
f) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 50) Declaration concerning the corporate bodies, which the tenderer is partner or shareholder,
g) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 50) Letter of commitment stating that the work experience certificate shall not be made available to another corporate body if the work experience is required.
(Last paragraph: Abolished pursuant to 08/06/2004 – 25486 Official Gazette/ Art. 50)

25.2. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 50) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (c), (f) and (g) separately.

25.3. The principles set forth in Article 15.5 of this Specification shall be applicable in submitting the documents comprising the tender as required by the contracting entities.

Article 26- Form and content of tender letter
26.1. The tender letters shall be submitted as written and signed in accordance with the sample form enclosed.

26.2. With regard to the Tender Letter;
a) It must specified that the tender document is fully read and accepted,
b) The tender price must be written clearly and consistently both in figures and in words,
c) There must not be any scraping, erasure and correction on it,
d) The Tender Letter must be signed by the authorized persons by indicating their names, surnames or trade titles.

26.3. Tender letters of tenderers that submit tenders as a joint venture are required to be signed by all members of the joint venture or persons duly authorized to submit tenders.

Article 27- Validity duration of tenders16
27.1. The validity duration of tenders shall be at least ............. calendar days following the date of procurement. The tender letters, which are indicated to have shorter validity duration, shall not be taken into consideration.

27.2. If necessary, the Contracting entity may request the tenderers to extend the validity period to the maximum extent specified above before the existing validity period expires. The tenderers may accept or reject this request of the Contracting entity. The bid bond of the tenderer that rejects the request of the Contracting entity with regard to extension of the validity period shall be returned.

27.3. The tenderers that accept such a request shall be liable to adapt their bid bond to the new validity period and provisions of bid bond in all aspects without changing the conditions of the tender and the contract.

27.4. Requests and answers to this effect shall be made written, sent by registered and prepaid mail or delivered personally against signature.

Article 28-Way of submitting tenders
28.1. All tender documents required in this Specification shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

28.2. The tenders shall be submitted to the Contracting entity (the office where the tenders shall be submitted) in return for receipts with order numbers until the time of the procurement stipulated in the tender document. The tenders submitted after this time shall not be accepted, but returned to the tenderer without opening them.

28.3. Tenders may be submitted by registered and prepaid mail. The tenders sent by mail shall reach to the Contracting entity until the time specified in the tender document. The receiving time of the tenders which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

28.4. The tenders submitted shall not be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

28.5. In the event that the duration of submitting tenders is extended with an addendum, all rights and liabilities of the Contracting entity and tenderers with regard to the former date of submitting tenders shall be deemed extended until the new deadline date and time of submitting tenders.

Article 29- Bid Bond
29.1. The tenderers shall provide bid bonds at the rate to be determined by them, but not less than 3% of the tender price. The tenderers that provide less than 3% of the tender price shall be disqualified from the evaluation.

29.2. In the event that the tenderer is a joint venture, the partners may provide bid bonds at the rate of their share, and bid bond may be paid by one or some of the partners provided that the total amount is not less than the minimum amount of bid bond.

29.3. The duration must be specified in guarantee letters issued by banks as bid bonds. This duration shall be determined by the tenderers, but not less than thirty (30) days from the validity period of tender.

29.4. The tenders submitted without any acceptable bid bond shall be disqualified from the evaluation since the requirements of the Contracting entity are not met.
   
Article 30 – Values accepted as bid bond
30.1. The values that shall be accepted as bid bonds are as the following:
a) Turkish Lira in currency,
b) Letters of Guarantee issued by banks and private financial organizations,
c) State Domestic Borrowing Notes exported by the Treasury Secretariat and certificates issued in lieu of these notes.

30.2. Those notes exported by including the interest in the nominal value of the notes and certificates issued for these notes as specified in item (c) shall be accepted as a guarantee over the sales value corresponding to the principal.

30.3. Letters of Guarantee issued by foreign banks that are allowed to act in Turkey as per the relevant legislation and the Letters of Guarantee issued by the banks in Turkey with counter-guarantee of banks or similar loan organizations acting outside Turkey shall be accepted as a guarantee.
   
30.4. In the event that Bank Letter of Guarantee is issued, the scope and form of the said Bank Letter of Guarantee shall comply with the principles set forth by the Public Procurement Authority. Letters of Guarantee issued in incompliance with the aforesaid principles shall not be accepted as a guarantee.
30.5. The guarantees may be replaced with other values accepted as a guarantee (bid bond).

30.6. The guarantees received by the Contracting entity shall in no way be sequestrated and attached with interim injunction.

Article 31- The office where the bid bonds shall be submitted
31.1. Letters of Guarantee shall be submitted to the tender commission inside the tender envelopes.

31.2. The guarantees other that the Letters of Guarantee must be furnished to the Accountancy or Directorates of Accounting, and the receipts thereof must be submitted inside the tender envelopes.
   
Article 32 – Returning bid bonds17
30.1. The Letters of Guarantee belonging to the tenderer that is awarded the contract and the second tenderer that is the most advantageous in economic terms shall be delivered to the Accountancy or Directorates of Accounting after the procurement. Bid bonds of the other tenderers shall be returned immediately.

32.2. The bid bond provided by the tenderer that is awarded the contract shall be returned after the provision of the required performance bond and concluding the contract.

32.3. In the event that a contract is concluded with the tenderer that is awarded the contract, the bid bond of the second tenderer that is the most advantageous in economic terms shall be returned just after signing the contract.

32.4. The bid bond shall be returned to the tenderer or the authorized representative personally against signature.

IV- MATTERS CONCERNING THE PROCEEDINGS OF TENDER COMMISSION
Article 33 – Opening the applications for qualification

33.1. The number of applications for qualification submitted until the deadline time of submitting applications for qualification shall be written into a minute by the tender commission, and it shall be announced to the participants and then evaluation shall immediately commence.
   
33.2. The tender commission shall review the envelopes of application for qualification in order of receipt. Name, surname or trade title, full notification address of the tenderer, the work related to the tender, full address of the contracting entity holding the procurement on the envelope as well as the signature and stamp of the tenderer on the adhesive part of the envelope shall be checked in this review. The envelopes that do not meet the said requirements under Article 18.1 of this Specification shall be written into a minute, and shall not be taken into consideration.

33.3. The envelopes shall be opened in order of receipt in front of the participants together with the tenderers. It shall be checked whether the qualification documents are complete, and the tender letters and the bid bonds are in compliance with the described procedure. The tenderers whose qualification documents are deficient or whose tender letters and bid bonds are not in compliance with the described procedure shall be written into a minute.

33.4. The rejection or acceptance of any application for qualification shall not be decided, and the documents comprising the application for qualification shall not be corrected and completed at this stage. The session shall be closed for the tender commission to evaluate the tenders immediately.

Article 34- Determination of qualification of tenderers
34.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 51) At the second stage, it shall be decided that the applications of the tenderers whose qualification documents are deficient in the first session under Article 33.3 of this Specification shall be disqualified from the evaluation process.

34.1.1. In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, such deficient documents and annexes thereto shall not be completed.

34.1.2. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the application in the documents submitted, the documents to remedy such lack of information;
b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must bear in the documents submitted by the tenderers and issued other authorities, agencies or persons shall be completed within the due time.

34.1.3. If the documents submitted by the tenderers within the period provided in respect of completing the lack of information are issued on a date later than the date of application, these documents shall be accepted if the tenderer evidences that he meets the requirements of qualification as of the date of application.

34.2. The tenders of the tenderers whose documents are complete and in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail. At this stage, it shall be reviewed if the qualification documents and the criteria set forth in such documents to determine the capacity of tenderers to perform the said work are in compliance with the conditions set forth in the tender document. The applications for qualification of the tenderers that are found to not meet the qualification criteria in this Specification or the requirements set forth in the tender document of qualification documents shall not be taken into consideration.

34.3. 18 ...............................................................................................................
............................................................................................................................
............................................................................................................................

Article 35- Submittal of technical tenders and technical negotiations19
............................................................................................................................
............................................................................................................................
............................................................................................................................

Article 36- Submittal and evaluation of tenders
36.1. The tenderers shall submit the bid bonds and tender letters as well as the tenders comprising of the other documents required by the contracting entity within the period of time designated by the tender commission.

36.2.20 ...............................................................................................................
............................................................................................................................
............................................................................................................................

36.3. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) In evaluation of the tenders, it shall be decided that the tenders of the tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the procedure shall be disqualified from the evaluation process.

36.4. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, such deficient documents and annexes thereto shall not be completed.

36.4.1. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the tender in the documents submitted except for the requirements that must be met statutorily in respect of the bid bonds and tender letters, the documents to remedy such lack of information;

b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must meet in the documents submitted by the tenderers and issued other authorities, agencies or persons shall be completed within the due time.

36.4.2. If the documents submitted by the tenderers within the period provided in respect of completing the lack of information are issued on a date later than the date of procurement, these documents shall be accepted if the tenderer evidences that he meets the requirements of participation as of the date of procurement.

36.5. (Amended: 08/06/2004- 25486 Official Gazette/ Art. 52) It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers after this stage.

36.6. In the event that an arithmetic error is determined in multiplication and sum within the statements enclosed to the tender letters indicating the tender prices, the arithmetic errors shall be discretionally corrected by the Tender commission on the basis of unit prices offered by the tenderers. The tender found as a result of such correction shall be accepted as the principal tender of the tenderer and the matter shall immediately be notified to the tenderer in writing.

36.7. In the event that the tenderer notifies that he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

Article 37- Negotiation on Price21
........................................................................................................................
........................................................................................................................
........................................................................................................................

Article 38 – Requesting the tenderers to clarify their tenders
38.1. The Contracting entity may request the tenderers to explain their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender commission.

38.2. This clarification shall not be requested to change the tender price or to comply the defective tenders with the requirements indicated in the tender document, and shall not be used to this effect.

38.3. The request for clarification of the Contracting entity and the replies of the tenderer to this request shall be in writing.

Article 39 – Abnormally low tenders
39.1. After the Tender commission evaluates the tenders submitted as per Article 36 of this Specification hereby, it shall determine the abnormally low tenders according to the other tenders or the approximate cost determined by the Contracting entity. The Tender commission shall demand from the tenderers to submit the significant components and relevant details in the submitted tender in writing within the period determined before rejecting such tenders.

39.2. The Tender commission shall evaluate the abnormally low tenders with regard to the written clarifications by documenting;
a) The cost – effectiveness of manufacturing process,
b) Technical solutions selected and the advantageous conditions that shall be used by the tenderer in supplying the goods and services,
c) Exclusivity of the product offered.

As a result of this evaluation, the tenders of the tenderers whose clarifications are not deemed satisfactory or that do not make any written clarification shall be rejected.   

Article 40 – Freedom of the contracting entity to reject all tenders and cancel the procurement
40.1. The Contracting entity shall be free to reject all tenders and cancel the procurement upon the resolution of the Tender commission. The Contracting entity shall not have any liability due to the cancellation of all tenders.

40.2. In the event that the procurement is cancelled, the situation shall immediately be notified to all tenderers.

40.3. Furthermore, the Contracting entity shall notify the reasons of the cancellation of the procurement to all tenderers if any of the tenderers requests to this effect.

Article 41 – Determination of the most advantageous tender in economic terms
41.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract.

41.2. The most advantageous tender in economic terms shall be determined on the basis of ....................................................................................................22

41.3. The following issues shall be taken into consideration in evaluating the most advantageous tender in economic terms.23

41.3.1...
41.3.2...
41.3.3...
41.4. In the procurements where the lowest price is considered as the most advantageous tender in economic terms, if more than one tenderer proposes the same price and it is understood that these tenders constitute the most advantageous tender in economic terms, the procurement shall be concluded by determining the most advantageous tender in economic terms in consideration of the criteria given under Article 41.5 of the specification and within the framework of the provisions set forth in the Regulation on Implementation of Goods Procurements.

41.5. The criteria required from the tenderers other than price if the prices are equal in cases where the most advantageous tender shall be determined according to the lowest price basis:24

41.5.1-...
41.5.2-...
41.5.3-...

41.625 .......................................................................................................

41.7. Application of price advantage in favor of domestic tenderers:26
..............................................................................................................................................................................................................................
   
Article 42- Award of procurement

42.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract as a result of evaluation made according to the provisions of this Specification hereby.

42.2. The Tender commission shall make its resolution with reasons thereof and submit to the contracting officer for approval.
   
Article 43 – Approval of the procurement award
43.1. The Contracting entities shall check whether the tenderer who is awarded the contract is prohibited from taking part in the procurements through the Public Procurement Authority prior to approval of the contracting officer and annex the document to this effect to the procurement award.

43.2. The Contracting Officer shall approve the procurement award within five (5) business days at the latest following the date of award or cancel the award with the reasons thereof.

43.3. The procurement shall be deemed valid if the award is approved, and invalid if it is cancelled by the Contracting Officer.

Article 44 – Notification of final procurement award
44.1. The result of the procurement shall be notified to all tenderers including the tenderer that is awarded the contract that submit tenders for the procurement, against signature or via registered and prepaid mail sent to their notification addresses within maximum three (3) days following the approval of the procurement award by the contracting officer. The seventh (7th) day following the mailing date shall be assumed as the notification date of the procurement award.

44.2. In the event that the tenderers participating in the procurement whose tenders are not taken into consideration or not found suitable make a written request within five (5) days following the date of notification, the Contracting entity shall notify the reasons within five (5) days following the date of such a request.

44.3. In the event that the procurement award is cancelled by the contracting officer, the tenderers shall again be notified in the same way.

VI- MATTERS FOR CONCLUDING THE CONTRACT

Article 45 – Invitation for concluding the contract
45.1. In the event that the notification period as per Article 44.2 of this Specification hereby expires or visa by the Ministry of Finance is required, the tenderer that is awarded the contract shall be invited to sign a contract via a registered and prepaid mail within three (3) days following the notification to the effect that such a visa is issued. The seventh (7th) day following the mailing date shall be assumed as the notification date of the award to the tenderer. Twelve (12) days shall be added to this duration for the foreign tenderers.
   
45.2. This notification may also be made to the tenderer in the Contracting entity against signature.

45.3. The tenderer shall be liable to sign the contract by providing the performance bond within ten (10) days following the notification date of this invitation.27

Article 46 – Performance bond28
46.1. The tenderer that is awarded the contract shall be liable to provide performance bond at an amount corresponding to 6% of the procurement price before concluding the contract.

46.2. In the event that the tenderer that is awarded the contract is a joint venture, the partners may provide performance bonds at the percentage of their share, and the total amount of performance bond may be paid by one or more of the partners.

Article 47 – Duty and responsibility of the tenderer in concluding the contract29
47.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 53) The tenderer that is awarded the contract shall be liable to sign the contract by furnishing the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 8 as well as the performance bond within the period as stipulated under Article 45.3 of this Specification hereby. The bid bond shall be returned immediately after the contract is signed.

47.1.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 53) The foreign tenderers shall submit the equivalent documents evidencing that they are not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 8 of this Specification according to the legislation of their respective countries. If there are not equivalent documents within the frame of legislation binding the tenderer or it is not possible to issue such documents, they shall submit the written statements to this effect. However, this shall be confirmed by the mission chiefs in Turkey of the country of nationality of the foreign physical body or where the head office of the company of the foreign corporate body is seated or the mission chiefs in such countries of the Republic of Turkey.

47.2. If these requirements are not met, the bid bond of the tenderer that is awarded the contract shall be registered as revenue without sending a protest letter and judgment by a court.

47.3. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is awarded the contract shall be prohibited to participate in any procurements held by all public authorities and bodies as stipulated in the relevant Law for a period between six months and one year as per Article 58 of Law No. 4734.

Article 48 – Notification to the second most advantageous tenderer in economic terms
48.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 54) In the event that the tenderer that is awarded the contract does not provide the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 8 as well as the performance bond or does not sign the contract, then the contract may be concluded with the second most advantageous tenderer in economic terms if it is found suitable by the contracting officer. In this case, it shall be checked if the second most advantageous tenderer in economic terms is prohibited and shall be required to submit the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 8 as per Article 43.1 prior to the approval by the contracting officer.

48.2. The said tenderer shall be notified in accordance with the provisions of Article 45 of this Specification hereby.

48.3. In the event that the second most advantageous tenderer in economic terms does not sign the contract, the bid bond of the said tenderer shall be registered as revenue, and the procurement shall be cancelled.

48.4. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is the second most advantageous tenderer in economic terms shall be prohibited from participating in any procurement held by all public authorities and bodies as stipulated in the relevant Law for a period from six months to one year as per Article 58 of Law No. 4734.
 
Article 49 – Duty and responsibility of the contracting entity for concluding the contract
49.1. The tenderer may defer from his commitment provided that the said tenderer notifies the situation to the Contracting entity with a written notice issued by the Notary Public for a period of ten (10) days within maximum five (5) days following the expiry of the period stipulated in Article 45.1. of this Specification hereby in the event that the Contracting entity does not fulfill its obligation with regard to concluding the contract.

49.2. In this case, the bid bond of the said tenderer shall be returned and the said tenderer shall be entitled to claim the documented costs incurred to provide such bid bond.

Article 50 – Concluding the procurement with contract
50.1. The share of Public Procurement Authority shall be invested to the accounts of the Authority before the contract is signed if the contract price exceeds the amount specified in sub-paragraph (1) of paragraph (j) of Article 53 of Law No. 4734.

50.2. The contract prepared by the Contracting entity in accordance with the conditions specified in the tender document shall be signed by the contracting officer and the Contractor.

50.330..........................................................................................................................................................................................................................................

50.4. In the event that the Contractor is a joint venture, the contract shall be signed by all partners of the joint venture.

50.5. ........................ concerning the execution of Contract shall be borne by the Contractor31.


VII – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 51- Place and terms of payment32
50.1. Any payment in connection with the procurement/ goods, which constitute the subject matter of procurement, shall be effected by the Accountancy/ Accounting Office of .............................
...................................................................

51.2. Other terms of payment are specified in the draft contract.

Article 52- Advance payment and conditions33
..................................
...

Article 53- Terms of payment and calculation of price difference34
The price difference .........................................................................................................
.................................................................................................................................

Article 54- Date of work commencement and completion (delivery of goods)35
54.1. The goods shall be delivered / the work shall commence following the notification of the proceed to work to the contractor or the address indicated for notifications by the contracting entity following the execution of the contract (in respect of works subject to registration by Court of Accounts, following such registration).

54.2. The duration of work is ...................................... (in figures and words) calendar days.

Article 55 – Cases and conditions for extension of duration
The cases for extension of duration are listed below:

55.1. Force majeure:
a) Natural disasters.
b) Legal strikes.
c) General epidemic diseases.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

55.1.1. The cases listed above shall be accepted as force majeure and the extension of time shall be possible provided that such cases;
a) Shall not be caused owing to any defect attributable to the Contractor,
b) Shall have the nature to hinder the performance of the contract,
c) The contractor shall not have sufficient power to eliminate this hindrance,
d) The contractor shall notify the Contracting entity in writing within twenty (20) days following the day when the event of force majeure occurs,
e) Shall be documented by the authorized bodies.

55.2. Reasons attributable to the contracting entity

55.2.1. Furthermore, in the event that the Contracting entity does not fulfill the contractual obligations (delay in delivering the worksite and approval of the projects etc.) within the stipulated duration without any default of the contractor, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting entity may extend the time for a part of or whole work according to the nature of the work.
   
Article 56- Increased works, decrease and dissolution of work that may be performed within the scope of contract 36:
..........................................................................................................................
........................................................................................................................................................................................................................................................ 

Article 57 – Penalties payable in delays (Amended: 08/06/2004 – 25486 Official Gazette / Art. 55) If the Contractor does not deliver the goods/ complete the works in time as per the contract, the delay notice shall be issued by the contracting entity for .................37 days and the delay penalties at ..................3737.1 of the contract amount shall be applied for each calendar day delayed, and in the event that the same situation continues in spite of the written notice of the Contracting entity, the performance bond of the contractor shall be registered as revenue, the contract shall be cancelled and the account shall be settled in accordance with the general provisions without necessity for any written protest.

Article 58 – Terms and conditions of receipt, delivery, examination and acceptance 38
58.1. Delivery schedule of contractor:..........................................................................

58.2. Terms and conditions of delivery and receipt:.........................................................

58.3. Terms and conditions of examination and acceptance:.................................................

Article 59- Matters concerning warranty, maintenance and repair 39
......................................................................................................................................................................................................................................................................................................................................................................

Article 60- Settlement of disputes
60.1. All disputes arising during the process until the contract is executed and enforced shall be settled by Administrative Judiciary provided that rules related to the request for review in Article 54 and the subsequent Articles of Public Procurement Law No. 4734 are reserved.

60.2. The relevant provisions stipulated in the contract of work shall be applicable for any dispute arising from the implementation of the contract.

VI- MISCELLANEOUS PROVISIONS

ANNEX: 4
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCEDURE

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

Article 1- Information About the Contracting Entity
1.1. Contracting Entity's;
a)  Name  :.................................................................................................
b)  Address:...
c)  Phone Number:...
d)  Fax Number:...
            e)  E-mail:..................................................................................................
f)  Name- Surname/ Title of the Contact Person: ....................................................................

1.2. The tenderers may get information about the procurement by contacting the contact persons from the addresses and numbers given above.

Article 2- Information about the subject work of procurement
Goods, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Quantity and type:...
d)   Place of delivery:...
e)   Other information (if any) about the procurement: ..............................................

Article 3-Information About the Procurement
Information about the procurement;
a)  Procurement procedure: Restricted Tender Procedure
b)  Address of procurement:...
c)  Date of procurement:...
d)  Time of procurement:...
e)  Place of meeting of the tender commission: ......................................................

Article 4- Reviewing and obtaining the tender document
4.1. The tender document may be reviewed at the address specified above free of charge. However, those who shall submit their tenders to the contracting entity shall be liable to purchase the tender document approved by the contracting entity.
a)The place where the tender document can be reviewed:......................................................
b)The place where the tender document can be purchased:.....................................................
c)Sales price of tender document (including tax if any): ..........................................

4.2. The tender document shall be provided along with a memorandum indicating the documents in the content. The tenderer shall check whether the documents comprising the tender document are true copies and the documents are complete. The contracting entity shall receive the declaration of the tenderer indicating that he has received all true copy documents comprising the tender document with a signature affixed on the said memorandum.

4.3. The tenderer shall be deemed to accept the conditions and rules within the tender document by purchasing the said document.

4.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 41) If the papers comprising the tender document are issued and sold to the tenderers in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the contracting entity and tenderers.

Article 5- The place where the tenders shall be submitted, deadline date and time of submitting tenders
5.1. The place where the tenders shall be submitted, deadline date and time of submitting tenders;
a)  The place where the tenders shall be submitted:...................................................................
b)  Deadline date of submitting tenders (date of procurement):.....................................
      c)  Deadline time of submitting tenders (time of procurement):....................................

5.2. The tenders shall be submitted to the place specified above until the (deadline) date and time of submitting tenders or sent via registered and prepaid mail. The tenders that are not received by the contracting entity until the (deadline) time of procurement shall not be taken into consideration.

5.3. The tenders submitted to or received by the Contracting entity shall not be returned for any reason other than for issuing addendum in accordance with Article 14 of this Specification hereby.

5.4. In the event that the date determined for the procurement is holiday, the procurement shall be held on the next business day at the time specified above at the same place, and the tenders submitted up to that time shall be accepted.

5.5. The procurement shall be held at the time specified above in the event that working hours change later.

5.6. National time setting of Turkish Radio Television Authority (TRT) shall be taken as basis for time settings.

Article 6- Scope of tender document
6.1 The tender document comprises of the following documents:
a)Administrative Specification
b)List of Needs
c)Technical Specification
d)Draft Contract
e)    Standard forms:
   .......................................................................
   ......................................................
6.2. In addition, addenda to be published by the Contracting entity as well as the written clarifications to be made by the Contracting entity upon the written request of the tenderers shall be an integral part of the tender documents in accordance with the relevant provisions of this Specification hereby.

6.3. The tenderer shall be liable to carefully review the content of all document listed above. The tenderer shall be liable in the event that the tenderer does not fulfill the requirements for submitting the tender. The tenders that are not in compliance with the procedure stipulated and described in the tender document shall not be taken into consideration.

II- MATTERS CONCERNING PARTICIPATION IN PROCUREMENT

Article 7- Documents and qualification criteria required for participation in procurement
7.1. The tenderers are required to submit the following documents within their tenders in order to be able participate in the procurement:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the tenderer is a physical body, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the tenderer is a corporate body, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the corporate body,
   c) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   1) Signature statement certified by the notary public in the event that the tenderer is a physical body,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the corporate body certified by the notary public in the event that the tenderer is a corporate body,
d) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 42) Written letter of commitment evidencing that the tenderer is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 10 of this Specification hereby,
e) Tender Letter, form and content of which are described in the Specification,
f) Bid bond described in this Specification hereby,
g) Qualification Certificates specified in Articles 7.2 of the Specification, and form and content of which are stipulated in Regulation on Implementation of Goods Procurements,
h) If the tenderer is represented in the procurement, the power of attorney indicating that the representative is authorized to submit tender for and on behalf of the tenderer and signature statement certified by the notary public,
i) In the event that the tenderer is a joint venture, the joint venture statement, form and content of which are described in the Specification hereby and the consortium declaration, form and content of which are specified in this Specification hereby if it is stipulated in Article 16 that the consortiums may submit tenders as well,
j) Recommendations of tenderers on the works for which they intend to assign subcontractors and the list of such works in the event that it is specified in Article 17 of the Specification hereby,
k) Certificate indicating that the tender document has been purchased,
l) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the tenderer is domestic if so specified in Articles 8 and 36 of this Specification,
m) Certificates evidencing that the goods proposed are domestic if so specified in Article 36 of this Specification,
n) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 42) Declaration concerning the corporate bodies, which the tenderer is partner or shareholder,
o) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 42) Letter of commitment stating that the work experience certificate shall not be made available to another corporate body if the work experience is required,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 42) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (d), (l), (n) and (o) separately.
(Last paragraph: Abolished pursuant to 08/06/2004 – 25486 Official Gazette/ Art. 42)

7.2. The documents that shall be updated for the evaluation of qualification are as follows:1
7.2.1-...
7.2.2-...
7.2.3-...
...
7.3. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 42)
7.3.1- The Tenderers shall be required to submit the originals or notarized copies of the documents listed above. 2
7.3.2- The notarized documents have to bear the expression "this is a true copy" certifying the true copy of the original document, otherwise the documents certified in witness of copies of photocopies of the same with the expression "this is the same copy of the document issued" or any expression with the same meaning shall be rejected.
7.3.3- The Tenderers may also, instead of originals, include into their tenders the copies bearing the expression "Original copy seen by the Contracting entity" or any expression with the same meaning after the contracting entity sees the same prior to the procurement.
7.3.4- The documents except for the ones listed under Article 7.5.4.1 hereunder that will be submitted by the domestic or foreign tenderers have to be issued according to the legislation of the respective country and approved by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs. However, official documents issued from the countries that are party to the Convention on Abolishing the Obligation to Certify Foreign Official Documents and included in the scope of Article 1 of this convention shall be exempted from the approval of the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that they bear the "Apostille" seal. Provided that there is an agreement or convention containing provisions that require certain proceedings in respect of certifying the signature, seal or stamp on the documents between the Republic of Turkey and any other state or states, the approval of documents issued from such countries shall be subject to the provisions of this agreement or convention.
7.3.4.1....................................................................2.12

7.3.5- In the event that the Turkish translations of the documents are required in this Specification, translations of official documents issued abroad as well as the documents listed in the tender document by the Contracting entity have to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs. Translations of documents that bear the seal of Apostille as well as the translations of documents that are not required to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs must be rendered by the sworn translators and notarized.

7.3.6-.......................................................................................................3.3 3
Article 8- Openness of procurement to foreign tenderers4
...
.........   ...
........................................................................................................................

Article 9- Those that cannot participate in the procurement
9.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Wives and close relatives up to third generation as well as relatives–in–law up to second generation, and adopted children of the persons specified in paragraphs (c) and (d).
f) Partners and shares of the persons specified in paragraphs (c), (d) and (e) (excluding the incorporated companies in which such persons are not within the Board of Directors or do not have more than 10% of the capital).
g) Tenderers of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per sub-paragraph 8 of paragraph (b) of Article 53 of Law No. 4734.

9.2. Any bodies such as foundations, associations, unions and fund under the body of the Contracting entity or established for any reason related to the Contracting entity as well as the companies partner to these organizations cannot participate in the procurement.

9.3.  Furthermore, the contractors that provide consultation services in relation to the procurement, which is the subject of the procurement, shall not be able to participate in the procurement. This prohibition shall be applicable for the companies in partnership and management affiliation as well as the companies, which hold more than half of the capital of such companies.

9.4. The tenderers that participate in the procurement irrespective of the provisions above shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of consideration of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 10- Reasons of exclusion from the procurement
The tenderers that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Tenderers that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Tenderers whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Tenderers that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Tenderers that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Tenderers that are charged with any offense due to their business activities within five years prior to the date of procurement.
f) Tenderers that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five years prior to the date of procurement.
g) Tenderers that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
h) Tenderers that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Tenderers that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 9 of the Specification.
j) Tenderers that are determined to enter into prohibited deeds and actions as specified in Article 11 of the Specification.

Article 11- Prohibited acts and behaviors
11.1. It is prohibited to enter into the following acts and behaviors in the procurement process:
a) To plot mischief or attempt to do so in procedures related to the procurement through trick, promise, threat, use of influential forces, false competition, agreement, corruption, bribe or other means.
b) To drift the tenderers into hesitation, to hinder participation, to offer or encourage agreements with the tenderers, to enter into actions affecting competition or resolution of the tender commission.
c) To issue, use counterfeit documents or guarantees, and attempt to such actions.
d) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others apart from the cases of submitting alternative tenders.
e) To participate in the procurement even though the tenderer is prohibited to participate as per Article 9 of the Specification.

11.2. Tenderers that enter into the said prohibited deeds or actions shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 12- Tender preparation expenses
All costs arising from the preparation and submittal of tenders shall be borne by the tenderers. The Contracting entity shall in no way be liable to such costs undertaken by the tenderer irrespective of the progress and conclusion of the procurement.


Article 13- Clarification in the tender document
13.1. The tenderers shall be able to request a clarification to be made with regard to the points they need in the tender document with a written application until twenty (20) days prior to the deadline date of submitting tenders at the stage when the tenders are prepared. The requests for any clarification following this date shall not be taken into consideration.

13.2. In the event that the request for such a clarification is approved, the clarification by the Contracting entity shall be sent to all tenderers in written that purchase the tender document until the said date with a registered and prepaid letter or delivered personally against signature. This written clarification by the Contracting entity shall be made to ensure that all tenderers are informed at least ten (10) days prior to the deadline date of submitting tenders.

13.3. The clarification shall cover the description of the problem and detailed answers of the contracting entity. The identity of the tenderer that requests for a clarification shall not be disclosed.

13.4. The written clarifications shall be given to the tenderers who receive the tender document after the day when the clarification is made within the tender document.

Article 14- Amendment to tender document
14.1. It is essential that there is not any amendment to the tender document following the announcement of procurement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of tenders or performance of works are determined by the Contracting entity or notified written by the tenderers, an amendment may be made to the tender document by issuing an addendum.

14.2. The said addendum shall be sent to all tenderers who purchase the tender document in written in a registered and prepaid letter or delivered in hand in return for a signature, and the tenderers shall be ensured to be notified at least ten (10) days prior to the date of procurement.

14.3. In the event that additional time is needed to prepare tenders due to such an amendment, the Contracting entity may postpone the date of procurement for maximum twenty (20) days only once with an addendum. It shall be continued to sell the tender documents and receive the tenders during the term of postponement.

14.4. In the event that an addendum is issued, the tenderers that submit their tenders before such an amendment shall be enabled to withdraw their former tenders and submit their new tenders.

Article 15- Freedom of the Contracting entity to cancel the procurement before the time of procurement
15.1. When deemed necessary by the Contracting entity or in the event that the points which hinder the procurement and impossible to remedy are determined in the tender document, the procurement may be cancelled before the time of procurement.

15.2. In this case, the cancellation of the procurement shall be notified to the tenderers indicating the reason of such cancellation. The tenderers that submit their tenders up to that time shall also be informed about the cancellation of the procurement.

15.3. In the event that the procurement is cancelled, all submitted tenders shall be deemed rejected and such tenders shall be returned to the tenderers without opening them.

15.4. The tenderers shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement.

Article 16- Joint ventures
16.1. More than one physical person or corporate body shall be able to submit tenders for the procurement through establishing a joint venture.

16.2. Tenderers that shall submit tender for the procurement through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the tender.

16.3. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.

16.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that physical bodies and legal entities comprising the joint venture shall be liable jointly and successively to perform the contract.

16.5. The pilot partner shall have the majority of shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and Contract.

16.6..............................................................................................................5
   
Article 17-Subcontractors6
.........................................................................................................................
...
.........................................................................................................................
...
III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 18- Type of tender and contract7
........................
...
Article 19- Language of tender8
.........................................................................................................................
...............................................................................................................................................................................................................................................
   
Article 20- Currency applicable for tenders and payments9
......................................................................................................................
..............................................................................................................................................................................................................................................

Article 21- Partial tenders
21.1.10.....................................................................
21.2.11.....................................................................................................................................................................................................................................................................................................................................................

Article 22- Alternative tenders12
In relation to the subject work, ... ...

Article 23-Way of submitting tenders
23.1. All documents including the Tender Letter and bid bond required in this Specification as a condition to participate in the procurement shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

23.2. The tenders shall be submitted to the Contracting entity (the office where the tenders shall be submitted) in return for receipts with order numbers until the time of the procurement stipulated in the tender document. The tenders submitted after this time shall not be accepted and returned to the tenderer without opening them.

23.3. Tenders may be submitted by registered and prepaid mail. The tenders sent by mail shall reach to the Contracting entity until the time specified in the tender document. The receiving time of the tenders which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

23.4. The tenders submitted shall not be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

23.5. In the event that the duration of submitting tenders is extended with an addendum, all rights and liabilities of the Contracting entity and tenderers with regard to the former date of submitting tenders shall be deemed extended until the deadline date of submitting tenders determined again.

Article 24- Form and content of tender letter
24.1. The tender letters shall be submitted as written and signed in accordance with the sample form enclosed.

24.2. With regard to the Tender Letter;
a) It must specified that the tender document is fully read and accepted,
b) The tender price must be written clearly and consistently both in figures and in words,
c) There must not be any scraping, erasure and correction on it,
d) The Tender Letter must be signed by the authorized persons by indicating their names, surnames or trade titles.

24.3. Tender letters of tenderers that submit tenders as a joint venture are required to be signed by all members of the joint venture or persons duly authorized to submit tenders.
   
Article 25- Validity duration of tenders13
25.1. The validity duration of tenders shall be at least ............. calendar days following the date of procurement. The tender letters, which are indicated to have shorter validity duration, shall not be taken into consideration.

25.2. If necessary, the Contracting entity may request the tenderers to extend the validity period to the maximum extent specified above before the existing validity period expires. The tenderers may accept or reject this request of the Contracting entity. The bid bond of the tenderer that rejects the request of the Contracting entity with regard to extension of the validity period shall be returned.

25.3. The tenderers that accept such a request shall be liable to adapt their bid bond to the new validity period and provisions of bid bond in all aspects without changing the conditions of the tender and the contract.

25.4. Requests and answers to this effect shall be made written, sent by registered and prepaid mail or delivered personally against signature.

Article 26- Costs included in the tender price
26.1.14................................................................................................................
..................................................................................................................................................................................................................................................................
...

26.2. In the event that any increase occurs in the expenses provided in article (26.1.) or similar costs arise, it shall be assumed that the tender price meets such increases or differences.

26.3. However, the Value Added Tax (VAT) payable when the price of the work which is the subject of the contract is paid shall be paid separately to the contractor by the Contracting entity in accordance with the relevant legislation.

Article 27- Bid Bond
27.1. The tenderers shall provide bid bonds at the rate to be determined by them, but not less than 3% of the tender price. The tenderers that provide less than 3% of the tender price shall be disqualified from the evaluation.

27.2. In the event that the tenderer is a joint venture, the partners may provide bid bonds at the rate of their share, and bid bond may be paid by one or some of the partners provided that the total amount is not less than the minimum amount of bid bond.

27.3. The duration must be specified in guarantee letters issued by banks as bid bonds. This duration shall be determined by the tenderers, but not less than thirty (30) days from the validity period of tender.
27.4. The tenders submitted without any acceptable bid bond shall be disqualified from the evaluation since the requirements of the Contracting entity are not met.
   
Article 28 – Values accepted as bid bond
28.1. The values that shall be accepted as bid bonds are as the following:
a) Turkish Lira in currency,
b) Letters of Guarantee issued by banks and private financial organizations,
c) State Domestic Borrowing Notes exported by the Treasury Secretariat and certificates issued in lieu of these notes.

28.2. Those notes exported by including the interest in the nominal value of the notes and certificates issued for these notes as specified in item (c) shall be accepted as a guarantee over the sales value corresponding to the principal.

28.3. Letters of Guarantee issued by foreign banks that are allowed to act in Turkey as per the relevant legislation and the Letters of Guarantee issued by the banks in Turkey with counter-guarantee of banks or similar loan organizations acting outside Turkey shall be accepted as a guarantee.
   
28.4. In the event that Bank Letter of Guarantee is issued, scope and form of the said Bank Letter of Guarantee shall comply with the principles set forth by the Public Procurement Authority. Letters of Guarantee issued in incompliance with the aforesaid principles shall not be accepted as a guarantee.

28.5. The guarantees may be replaced with other values accepted as a guarantee (bid bond).

28.6. The guarantees received by the Contracting entity shall in no way be sequestrated and attached with interim injunction.

Article 29- The office where the bid bonds shall be submitted
29.1. Bank Letters of Guarantee shall be submitted to the tender commission inside the tender envelopes.

29.2. The guarantees other that the Bank Letters of Guarantee must be furnished to the Accountancy or Directorates of Accounting, and the receipts thereof must be submitted inside the tender envelopes.
   
Article 30 – Returning bid bonds
30.1. The Letters of Guarantee belonging to the tenderer that is awarded the contract and the second tenderer that is the most advantageous in economic terms shall be delivered to the Accountancy or Directorates of Accounting after the procurement. Bid bonds of the other tenderers shall be returned immediately.

30.2. The bid bond provided by the tenderer that is awarded the contract shall be returned after the provision of the required performance bond and concluding the contract.

30.3. In the event that a contract is concluded with the tenderer that is awarded the contract, the guarantee of the second tenderer that is the most advantageous in economic terms shall be returned just after signing the contract.

30.4. The bid bond shall be returned to the tenderer or the authorized representative personally against signature.

IV- MATTERS CONCERNING EVALUATION OF TENDERS
AND CONCLUDING THE CONTRACT
Article 31 – Receiving and opening the tenders
31.1. The tenders shall be submitted to the Contracting entity (the office where the tenders shall be submitted to) until the deadline time of submitting tenders indicated in this Specification hereby.

31.2. The procurement shall be cancelled when the number of tenderers that submit tenders as a result of invitation is less than three (3). In this case, this shall be notified to the ones that have submitted tenders by indicating the reason of such cancellation. If the procurement is cancelled, all tenders submitted shall be deemed rejected and such tenders shall be returned to the tenderers without opening the same. The tenderers may not claim any right from the contracting entity owing to the cancellation of procurement.

31.3. The following procedure shall be applicable for receiving and opening the tenders by the Tender commission;

31.3.1. The number of tenders submitted until the deadline time of submitting tenders shall be written into a minute by the Tender commission, and it shall be announced to the participants and then procurement shall immediately be held.
   
31.3.2. The Tender commission shall review the tender envelopes in receiving order. Name, surname or trade title, full notification address of the tenderer, the work referred by the tender, full address of the Contracting entity holding the procurement on the envelope as well as the signature and stamp of the tenderer on the adhesive part of the envelope shall be checked in this review. The envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

31.3.3. The envelopes shall be opened in order of receipt in front of the participants together with the tenderers. It shall be checked whether the documents of the tenderers are complete, and the tender letters and the bid bonds are in compliance with the described procedure. The tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the described procedure shall be written into a minute.

31.3.4. The tenderers and the tender prices shall be announced. The minutes related to these procedures shall be signed by the Tender commission.

31.3.5. The rejection or acceptance of any tender shall not be decided, and the documents comprising the tender shall not be corrected and completed at this stage. The session shall be closed for the Tender commission to evaluate the tenders immediately.

Article 32- Evaluation of Tenders
32.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 43) In evaluation of the tenders, it shall firstly be decided that the tenders of the tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the procedure pursuant to Sub-Article 31.3.3 of this Specification hereby shall be disqualified from the evaluation process.

32.1.1. In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, such deficient documents and annexes thereto shall not be completed.

32.1.2. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the tender in the documents submitted except for the requirements that must be met statutorily in respect of the bid bonds and tender letters, the documents to remedy such lack of information;

b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must bear in the documents submitted by the tenderers and issued other authorities, agencies or persons shall be completed within the due time.

32.1.3. If the documents submitted by the tenderers within the period provided in respect of completing the lack of information are issued on a date later than the date of procurement, these documents shall be accepted if the tenderer evidences that he meets the requirements of participation as of the date of procurement.

32.2. The tenders of the tenderers whose documents are complete and whose tender letter and bid bond are in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail.

32.2.1. It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers at the final stage.

32.2.2. In the event that an arithmetic error is determined in multiplication and sum within the statements enclosed to the tender letters indicating the tender prices, the arithmetic errors shall be discretionally corrected by the Tender commission on the basis of unit prices offered by the tenderers. The tender found as a result of such correction shall be accepted as the principal tender of the tenderer and the matter shall immediately be notified written to the tenderer.

32.2.3. The tenderer shall be liable to notify written within five (5) days following the date of the aforesaid notification whether s/he accepts the corrected tender or not. In the event that the tenderer notifies that s/he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

Article 33 – Requesting the tenderers to clarify their tenders
33.1. The Contracting entity may request the tenderers to explain their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender commission.

33.2. This clarification shall not be requested to change the tender price or to comply the defective tenders with the requirements indicated in the tender document, and shall not be used to this effect.

33.3. The request for clarification of the Contracting entity and the replies of the tenderer to this request shall be in writing.

Article 34 – Abnormally low tenders
34.1. After the Tender commission evaluates the tenders submitted as per Article 32 of this Specification hereby, it shall determine the abnormally low tenders according to the other tenders or the approximate cost determined by the Contracting entity. The Tender commission shall demand from the tenderers to submit the significant components and relevant details in the submitted tender in writing within the period determined before rejecting such tenders.

34.2. The Tender commission shall evaluate the abnormally low tenders with regard to the written clarifications by documenting;
a) The cost – effectiveness of manufacturing process,
b) Technical solutions selected and the advantageous conditions that shall be used by the tenderer in supplying the goods and services,
c) Exclusivity of the product offered.

As a result of this evaluation, the tenders of the tenderers whose clarifications are not deemed satisfactory or that do not make any written clarification shall be rejected.   

Article 35 – Freedom of the contracting entity to reject all tenders and cancel the procurement
35.1. The Contracting entity shall be free to reject all tenders and cancel the procurement upon the resolution of the Tender commission. The Contracting entity shall not have any liability due to the cancellation of all tenders.

35.2. In the event that the procurement is cancelled, the situation shall immediately be notified to all tenderers.

35.3. Furthermore, the Contracting entity shall notify the reasons of the cancellation of the procurement to all tenderers if any of the tenderers requests to this effect.

Article 36 – Determination of the most advantageous tender in economic terms
36.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract.

36.2. The most advantageous tender in economic terms shall be determined on the basis of ....................................................................................................15

36.3. The following issues shall be taken into consideration in evaluating the most advantageous tender in economic terms.16
36.3.1...
36.3.2...
36.3.3...
...
36.4.17 ...

36.5. In the procurements where the lowest price is considered as the most advantageous tender in economic terms, if more than one tenderer proposes the same price and it is understood that these tenders constitute the most advantageous tender in economic terms, the procurement shall be concluded by determining the most advantageous tender in economic terms in consideration of the criteria given under Article 36.6 of the specification and within the framework of the provisions set forth in the Regulation on Implementation of Goods Procurements.

36.6. The criteria required from the tenderers other than price if the prices are equal in cases where the most advantageous tender shall be determined according to the lowest price basis:18

36.6.1-...
36.6.2-...
36.6.3-...

36.7. Application of price advantage in favor of domestic tenderers:19
..............................................................................................................................................................................................................................
   
Article 37- Award of procurement

37.1. The tenderer that submits the most advantageous tender in economic terms shall be awarded the contract as a result of evaluation made according to the provisions of this Specification hereby.

37.2. The Tender commission shall make its resolution with reasons thereof and submit to the contracting officer for approval.
   
Article 38 – Approval of the procurement award
38.1. The Contracting entities shall check whether the tenderer who is awarded the contract is prohibited from taking part in the procurements through the Public Procurement Authority prior to approval of the contracting officer and annex the document to this effect to the procurement award.

38.2. The Contracting Officer shall approve the procurement award within five (5) business days at the latest following the date of award or cancel the award with the reasons thereof.

38.3. The procurement shall be deemed valid if the award is approved, and invalid if it is cancelled by the Contracting Officer.

Article 39 – Notification of final procurement award
39.1. The result of the procurement shall be notified to all tenderers including the tenderer that is awarded the contract that submit tenders for the procurement, against signature or via registered and prepaid mail sent to their notification addresses within maximum three (3) days following the approval of the procurement award by the contracting officer. The seventh (7th) day following the mailing date shall be assumed as the notification date of the procurement award.

39.2. In the event that the tenderers participating in the procurement whose tenders are not taken into consideration or not found suitable make a written request within five (5) days following the date of notification, the Contracting entity shall notify the reasons within five (5) days following the date of such a request.

39.3. In the event that the procurement award is cancelled by the contracting officer, the tenderers shall again be notified in the same way.

Article 40 – Invitation for concluding the contract
40.1. In the event that the notification period as per Article 39.2 of this Specification hereby expires or visa by the Ministry of Finance is required, the tenderer that is awarded the contract shall be invited to sign a contract via a registered and prepaid mail within three (3) days following the notification to the effect that such a visa is issued. The seventh (7th) day following the mailing date shall be assumed as the notification date of the award to the tenderer. Twelve days shall be added to this duration for the foreign tenderers.
   
40.2. This notification may also be made to the tenderer in the Contracting entity against signature.

40.3. The tenderer shall be liable to sign the contract by providing the performance bond within ten (10) days following the notification date of this invitation.

Article 41 – Performance bond
41.1. The tenderer that is awarded the contract shall be liable to provide performance bond at an amount corresponding to 6% of the procurement price before concluding the contract.

41.2. In the event that the tenderer that is awarded the contract is a joint venture, the partners may provide performance bonds at the percentage of their share, and the total amount of performance bond may be paid by one or more of the partners.

Article 42 – Duty and responsibility of the tenderer in concluding the contract
42.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 44) The tenderer that is awarded the contract shall be liable to sign the contract by furnishing the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond within the period as stipulated under Article 40.3 of this Specification hereby. The bid bond shall be returned immediately after the contract is signed.

42.1.1. The foreign tenderers shall submit the equivalent documents evidencing that they are not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 of this Specification according to the legislation of their respective countries. If there are not equivalent documents within the frame of legislation binding the tenderer or it is not possible to issue such documents, they shall submit the written statements to this effect. However, this shall be confirmed by the mission chiefs in Turkey of the country of nationality of the foreign physical body or where the head office of the company of the foreign corporate body is seated or the mission chiefs in such countries of the Republic of Turkey.

42.2. If these requirements are not met, the bid bond of the tenderer that is awarded the contract shall be registered as revenue without sending a protest letter and judgment by a court.

42.3. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is awarded the contract shall be prohibited to participate in any procurements held by all public authorities and bodies as stipulated in the relevant Law for a period between six months and one year as per Article 58 of Law No. 4734.

Article 43 – Notification to the second most advantageous tenderer in economic terms
43.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 45) In the event that the tenderer that is awarded the contract does not provide the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond or does not sign the contract, then the contract may be concluded with the second most advantageous tenderer in economic terms if it is found suitable by the contracting officer. In this case, it shall be checked if the second most advantageous tenderer in economic terms is prohibited and shall be required to submit the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as per Article 38.1 prior to the approval by the contracting officer.

43.2. The said tenderer shall be notified in accordance with the provisions of Article 40 of this Specification hereby.

43.3. In the event that the second most advantageous tenderer in economic terms does not sign the contract, the bid bond of the said tenderer shall be registered as revenue, and the procurement shall be cancelled.

43.4. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is the second most advantageous tenderer in economic terms shall be prohibited from participating in any procurement held by all public authorities and bodies as stipulated in the relevant Law for a period from six months to one year as per Article 58 of Law No. 4734.
 
Article 44 – Duty and responsibility of the contracting entity for concluding the contract
44.1. The tenderer may defer from his commitment provided that the said tenderer notifies the situation to the Contracting entity with a written notice issued by the Notary Public for a period of ten (10) days within maximum five (5) days following the expiry of the period stipulated in Article 40.1. of this Specification hereby in the event that the Contracting entity does not fulfill its obligation with regard to concluding the contract.

44.2. In this case, the bid bond of the said tenderer shall be returned and the said tenderer shall be entitled to claim the documented costs incurred to provide such bid bond.

Article 45 – Concluding the procurement with contract
45.1. The share of Public Procurement Authority shall be invested to the accounts of the said Authority before the contract is signed if the contract price exceeds the amount specified in sub-paragraph (1) of paragraph (j) of Article 53 of Law No. 4734.

45.2. The contract prepared by the Contracting entity in accordance with the conditions specified in the tender document shall be signed by the contracting officer and the Contractor.

45.320.....................................................................................................................................................................................................................................

45.4. In the event that the Contractor is a joint venture, the contract shall be signed by all partners of the joint venture.

45.5. ........................ concerning the execution of Contract shall be borne by the Contractor21.


V – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 46- Place and terms of payment22
46.1. Any payment in connection with the procurement/ goods, which constitute the subject matter of procurement, shall be effected by the Accountancy/ Accounting Office of .............................
...................................................................

46.2. Other terms of payment are specified in the draft contract.

Article 47- Advance payment and conditions23
..................................
...

Article 48- Terms of price difference payment and calculation24
The price difference ........................................................................................... ..........................................................................................................................................................................................................................................................................................................................................................................
........................................................................................................................

Article 49- Date of work commencement and completion (delivery of goods)25
49.1. The goods shall be delivered / the work shall commence following the notification of the proceed to work to the contractor or the address indicated for notifications by the contracting entity following the execution of the contract (in respect of works subject to registration by Court of Accounts, following such registration).

49.2. The duration of work is ...................................... (in figures and words) calendar days.

Article 50 – Cases and conditions for extension of duration
The cases for extension of duration are listed below:

50.1. Force majeure:
a) Natural disasters.
b) Legal strikes.
c) General epidemic diseases.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

50.1.1. The cases listed above shall be accepted as force majeure and the extension of time shall be possible provided that such cases;
a) Shall not be caused owing to any defect attributable to the Contractor,
b) Shall have the nature to hinder the performance of the contract,
c) The contractor shall not have sufficient power to eliminate this hindrance,
d) The contractor shall notify the Contracting entity in writing within twenty (20) days following the day when the event of force majeure occurs,
e) Shall be documented by the authorized bodies.

50.2. Reasons attributable to the contracting entity

50.2.1. Furthermore, in the event that the Contracting entity does not fulfill the contractual obligations (delay in delivering the worksite and approval of the projects etc.) within the stipulated duration without any default of the contractor, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting entity may extend the time for a part of or whole work according to the nature of the work.
   
Article 51- Additional works, decrease and dissolution of work that may be performed within the scope of contract 26:
..........................................................................................................................
........................................................................................................................................................................................................................................................ 

Article 52 – Penalties payable in delays (Amended: 08/06/2004 – 25486 Official Gazette / Art. 46) If the Contractor does not deliver the goods/ complete the works in time as per the contract, the delay notice shall be issued by the contracting entity for .................28 days and the delay penalties at ..................2727.1 of the contract amount shall be applied for each calendar day delayed, and in the event that the same situation continues in spite of the written notice of the Contracting entity, the performance bond of the contractor shall be registered as revenue, the contract shall be cancelled and the account shall be settled in accordance with the general provisions without necessity for any written protest.

Article 53 – Terms and conditions of receipt, delivery, examination and acceptance 28
53.1. Delivery schedule of contractor:..........................................................................

53.2. Terms and conditions of delivery and receipt:.........................................................

53.3. Terms and conditions of examination and acceptance:.................................................

Article 54- Matters concerning warranty, maintenance and repair 29
......................................................................................................................................................................................................................................................................................................................................................................

Article 55- Settlement of disputes
55.1. All disputes arising during the process until the contract is executed and enforced shall be settled by Administrative Judiciary provided that rules related to the request for review in Article 54 and the subsequent Articles of Public Procurement Law No. 4734 are reserved.

55.2. The relevant provisions stipulated in the contract of work shall be applicable for any dispute arising from the implementation of the contract.

VI- MISCELLANEOUS PROVISIONS

ANNEX: 3
STANDARD PREQUALIFICATION SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE RESTRICTED TENDER PROCURE

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

Article 1- Information About the Contracting Entity
1.1. Contracting Entity's;
a)  Name  :.................................................................................................
b)  Address:...
c)  Phone Number:...
d)  Fax Number:...
            e)  E-mail:..................................................................................................
f)  Name- Surname/ Title of the Contact Person: ....................................................................

1.2. The candidates may get information about the prequalification by contacting the contact person from the addresses and numbers given above.

Article 2- Information about the subject of procurement
Good, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Quantity and type:...
d)   Place of delivery:...
e)   Other information about the procurement (if any): ..............................................

Article 3-Information About the Procurement
Information about the procurement;
Procurement procedure: Restricted Tender Procedure

Article 4- Information about the evaluation of prequalification
a)Place of the evaluation of prequalification: ............................................................
b)Date of the evaluation of prequalification: .............................................................
c)Time of the evaluation of prequalification: ............................................................
d)Place of meeting of the tender commission: ...........................................................

Article 5- Reviewing and obtaining the prequalification document
5.1. The prequalification document may be reviewed at the address specified above free of charge. However, those who will apply for prequalification shall purchase the prequalification document approved by the contracting entity.
a)The place where the prequalification document can be reviewed:.......................................
b)The place where the prequalification document can be purchased:.....................................
c)Sales price of prequalification document (including tax if any): ..............................

5.2. The prequalification document shall be provided along with a memorandum indicating the documents in the content. The candidate shall check whether the documents comprising the prequalification document are true copies and the documents are complete. The contracting entity shall receive the declaration of the candidate indicating that he has received all true copy documents comprising the prequalification document with a signature affixed on the said memorandum.
5.3. The candidate shall be deemed to accept the conditions and rules within the prequalification document by purchasing the said document.

5.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 38) If the papers comprising the prequalification document are issued and sold to the candidates in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the prequalification documents as well as the disputes that may arise between the contracting entity and candidates.

Article 6- The place where the prequalification applications shall be submitted, deadline date and time of application
6.1.
a)  The place where the prequalification applications shall be submitted:.................................
b)  Deadline date of application (date of evaluation of prequalification):..............................
c)  Deadline time of application (time of evaluation of prequalification):.............................

6.2. The prequalification documents can be submitted to the place specified above until the deadline date and time of application or sent via registered and prepaid mail. The prequalification documents that are not received by the contracting entity until the deadline time of application shall not be taken into consideration.

6.3. The applications for prequalification submitted to or received by the Contracting entity shall not be returned for any reason other than for issuing addendum in accordance with Article 18 of this Specification hereby.

6.4. In the event that the date determined for the evaluation of prequalification is holiday, the evaluation for qualification shall be made on the next business day at the time specified above at the same place, and the applications for prequalification submitted up to that time shall be accepted.

6.5. The evaluation of prequalification shall be held at the time specified above in the event that working hours change later.

6.6. National time setting of Turkish Radio Television Authority (TRT) shall be taken as basis for time settings.

Article 7- Reviewing and obtaining the prequalification document
7.1. The prequalification document may be reviewed at the address specified above free of charge, and the candidates can also purchase the prequalification document at the stage of prequalification. Furthermore, the candidates found qualified as a result of evaluation of prequalification shall be notified where and on which terms the prequalification document can be obtained with a letter of invitation.

7.2.
   a) The place where the contract document can be reviewed: ..........................................
   b) The place where the contract document can be purchased: ........................................
   c) The sales price of the contract document (including tax): ..............................................

Article 8- Scope of prequalification document
8.1 The prequalification document comprises of the following documents:
a)Prequalification Specification
b)    Standard forms:
   .......................................................................
   ......................................................
8.2. In addition, addenda to be published by the Contracting entity as well as the written clarifications to be made by the Contracting entity upon the written request of the candidates shall be an integral part of the prequalification documents in accordance with the relevant provisions of this Specification hereby.

8.3. The candidates shall be liable to carefully review the content of all documents listed above. The candidate shall be liable in the event that the candidate does not fulfill the requirements of application for prequalification. The applications that are not in compliance with the requirements set forth in the prequalification document and the procedure described in the prequalification document shall not be taken into consideration.

II. MATTERS CONCERNING APPLICATION FOR PREQUALIFICATION

Article 9- Documents required for application for prequalification and prequalification criteria
9.1. The candidates are required to submit the following documents within their applications for prequalification:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the candidate is a real person, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the candidate is a legal person, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the legal person,
   c) Signature statement or signature circular indicating the authority of the candidate to make application for prequalification,
   1) Signature statement certified by the notary public in the event that the candidate is a real person,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the legal person certified by the notary public in the event that the candidate is a legal person,
d) If the candidate is represented in the procurement, the power of attorney indicating that the representative is authorized to participate in the procurement for and on behalf of the candidate and signature statement certified by the notary public,
e) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 39) Written letter of commitment evidencing that the candidate is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 13 of this Specification hereby.
f) In the event that the candidate is a joint venture, the joint venture statement, form and content of which are described in the Specification hereby and the consortium declaration, form and content of which are specified in this Specification hereby if it is stipulated in Article 20 that the consortiums may submit tenders as well,
g) Qualification Certificates specified in Articles 9.2 and 9.3 of the Specification, and form and content of which are stipulated in Regulation on Implementation of Goods Procurements,
h) Application Letter, form and content of which are described in the Specification,
i) Certificate indicating that the prequalification document has been purchased,
j) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the candidate is domestic if so specified in Articles 10 and 11 of this Specification,
k) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 39) Declaration concerning the legal persons, which the candidate is partner or shareholder,
l) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 39) Letter of commitment stating that that the work experience certificate shall not be made available to another corporate body if the work experience is required,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 39) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (d), (e), (j), (k) and (l) separately.

9.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet1
9.2.1-...
9.2.2-...
9.2.3-...
...
9.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet 1.
9.3.1-...
9.3.2-...
9.3.3-...
   ...............................................................................................................
9.4. The works that will be accepted as similar works are specified below 2:
9.4.1-................................................................................................................
9.4.2- ................................................................................................................
9.4.3-...

9.5. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 39)
9.5.1- The Candidates shall be required to submit the originals or notarized copies of the documents listed above 3.
9.5.2- The notarized documents have to bear the expression "this is a true copy" certifying the true copy of the original document, otherwise the documents certified in witness of copies of photocopies of the same with the expression "this is the same copy of the document issued" or any expression with the same meaning shall be rejected.

9.5.3- The Candidates may also, instead of originals, include into their tenders the copies bearing the expression "Original copy seen by the Contracting entity" or any expression with the same meaning after the contracting entity sees the same prior to the procurement.

9.5.4- The documents which have foreign country origin except for the ones listed under Article 9.5.4.1 hereunder that will be submitted by the domestic or foreign candidates have to be issued according to the legislation of the respective country and approved by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs. However, official documents issued from the countries that are party to the Convention on Abolishing the Obligation to Certify Foreign Official Documents and included in the scope of Article 1 of this convention shall be exempted from the approval of the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that they bear the "Apostille" seal. Provided that there is an agreement or convention containing provisions that require certain proceedings in respect of certifying the signature, seal or stamp on the documents between the Republic of Turkey and any other state or states, the approval of documents issued from such countries shall be subject to the provisions of this agreement or convention.

9.5.4.1....................................................................3.13


9.5.5- In the event that the Turkish translations of the documents are required in this Specification, translations of official documents issued abroad as well as the documents listed in the prequalification document by the Contracting entity have to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs. Translations of documents that bear the seal of Apostille as well as the translations of documents that are not required to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs must be rendered by the sworn translators and notarized.

9.5.6-.......................................................................................................4

Article 10- Openness of procurement to foreign candidates5
...
.........   ...
........................................................................................................................

Article 11- Application of price advantage in favor of domestic candidates6
...
.........   ...

Article 12- Those that cannot participate in the procurement
12.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor for themselves or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Spouses and close relatives up to third generation as well as relatives–in–law up to second generation, and adopted children of the persons specified in paragraphs (c) and (d).
f) Partners and companies of the persons specified in paragraphs (c), (d) and (e) (excluding the incorporated companies in which such persons are not within the Board of Directors or do not have more than 10% of the capital).
g) Candidates of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per sub-paragraph 8 of paragraph (b) of Article 53 of Law No. 4734.

12.2. Any bodies such as foundations, associations, unions and funds under the body of the Contracting entity or established for any reason related to the Contracting entity as well as the companies which are partnerships of these organizations cannot participate in the procurement.

12.3. Furthermore, the contractors that provide consultation services in relation to the procurement, which is the subject of the procurement, shall not be able to participate in the procurement. This prohibition shall be applicable for the companies in partnership and management affiliation as well as the companies, which hold more than half of the capital of such companies.

12.4. The candidates that participate in the procurement irrespective of the provisions above shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of consideration of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 13- Reasons of disqualification from the procurement
The candidates that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Candidates that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Candidates whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Candidates that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Candidates that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Candidates that are charged with any offense due to their business activities within five years prior to the date of procurement.
f) Candidates that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five years prior to the date of procurement.
g) Candidates that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
h) Candidates that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Candidates that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 12 of the Specification.
j) Candidates that are determined to enter into prohibited deeds and actions as specified in Article 14 of the Specification.

Article 14- Prohibited acts and behaviors
14.1. It is prohibited to enter into the following acts and behaviors in the procurement process:
a) To plot mischief or attempt to do so in procedures related to the procurement through trick, promise, threat, use of influential forces, unfair competition, agreement, corruption, bribe or other means.
b) To drift the candidates into hesitation, to hinder participation, to offer or encourage agreements with the candidates, to enter into actions affecting competition or resolution of the tender commission.
c) To issue, use counterfeit documents or guarantees, and attempt to such actions.
d) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others apart from the cases of submitting alternative tenders.
e) To participate in the procurement even though the candidate is prohibited to participate as per Article 12 of the Specification.

14.2. Candidates that enter into the said prohibited deeds or actions shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 15- Expenses for application for prequalification
All costs arising from the preparation and submittal of the applications for prequalification shall be borne by the candidates. The Contracting entity cannot be held liable for such costs incurred by the candidates irrespective of the progress and conclusion of the procurement.

Article 16- Date of work commencement and completion (delivery of goods)7
16.1. The goods shall be delivered / the work shall commence following the notification of the proceed to work to the contractor or the address indicated for notifications by the contracting entity following the execution of the contract (in respect of works subject to registration by Court of Accounts, following such registration).

16.2. The duration of work is ...................................... (in figures and words) calendar days.

Article 17- Clarification in the prequalification document
17.1. The candidates shall be able to request a clarification to be made with regard to the points they need in the prequalification document with a written application until twenty (20) days prior to the deadline date of submitting applications at the stage when the applications are prepared. The requests for any clarification following this date shall not be taken into consideration.

17.2. In the event that the request for such a clarification is approved, the clarification by the Contracting entity shall be sent in writing to all candidates that purchased the prequalification document until the said date with a registered and prepaid letter or delivered personally against signature. This written clarification by the Contracting entity shall be made to ensure that all candidates are informed at least ten (10) days prior to the deadline date of submitting applications.

17.3. The clarification shall cover the description of the problem and detailed answers of the contracting entity. The identity of the candidate that requests for a clarification shall not be disclosed.

17.4. The written clarifications shall be given to the candidates who receive the prequalification document after the day when the clarification is made within the prequalification document.

Article 18- Amendment to prequalification document
18.1. It is essential that there is not any amendment to the prequalification document following the announcement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of applications or performance of works are determined by the Contracting entity or notified written by the candidates, an amendment may be made to the prequalification document by issuing an addendum.

18.2. The said addendum shall be sent to all candidates who purchased the prequalification document in writing in a registered and prepaid letter or delivered in hand in return for a signature, and the candidates shall be ensured to be notified at least ten (10) days prior to the deadline date of application.

18.3. In the event that additional time is needed to prepare applications for prequalification due to such an amendment, the Contracting entity may postpone the date of last application for maximum twenty (20) days only once with an addendum. It shall be continued to sell the prequalification documents and receive the tenders during the term of postponement.

18.4. In the event that an addendum is issued, the candidates that submit their applications for prequalification before such an amendment shall be allowed to withdraw their former applications and submit their new applications.

Article 19- Freedom of the contracting entity to cancel the procurement before the time of evaluation of prequalification
19.1. When deemed necessary by the Contracting entity or in the event that the points which hinder the evaluation of prequalification and impossible to remedy are determined in the prequalification document, the procurement may be cancelled before the deadline time of the application.

19.2. In this case, the cancellation of the procurement shall be notified to the candidates indicating the reason of such cancellation. The candidates that submitted their applications until that time shall be informed about the cancellation of the procurement separately.

19.3. In the event that the procurement is cancelled, all applications submitted shall be deemed rejected and such applications shall be returned to the candidates without opening them.

19.4. The candidates shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement.

Article 20- Joint ventures
20.1. More than one real persons or legal persons shall be able to submit applications for prequalification through establishing a joint venture.

20.2. Candidates that submit applications for prequalification through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the tender.

20.3. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.

20.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that real persons or legal persons comprising the joint venture shall be liable jointly and successively to perform the contract.

20.5. The pilot partner shall have the majority of shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and Contract.

20.6..............................................................................................................8

Article 21- Language of application for prequalification9
........................................................................................................................
........................................................................................................................

IV- EVALUATION OF PREQUALIFICATION AND INVITATION FOR PROCUREMENT

Article 22- Submitting the documents of application for prequalification
22.1. The letter of application and all documents required in this Specification shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the application and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

22.2. The applications for prequalification shall be submitted to the Contracting entity (the office where the applications for prequalification shall be submitted) in return for receipts with order numbers until the deadline time of application stipulated in the prequalification document. The applications for prequalification submitted after this time shall not be accepted and returned to the candidate without opening them.

22.3. Applications for prequalification may be submitted by registered and prepaid mail as well. The applications for prequalification sent by mail shall reach to the Contracting entity until the time specified in the prequalification document. The time of receipt of the applications for prequalification which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

22.4. In the event that the duration of submitting applications for prequalification is extended with an addendum, all rights and liabilities of the Contracting entity and candidates with regard to the deadline time of application shall be deemed extended until the new deadline date of application.

Article 23 – Receiving and opening the applications for prequalification
23.1. The applications for prequalification shall be submitted to the Contracting entity (the office where the applications for prequalification shall be submitted to) until the deadline time of application indicated in this Specification hereby.

23.2. The following procedure shall be applicable for receiving and opening the tenders by the Tender commission:

23.2.1. The number of applications for prequalification submitted until the deadline time of application shall be written into a minute by the Tender commission, and announced to the participants and then evaluation shall immediately be made.
   
23.2.2. The Tender commission shall review the application envelopes in the order of receipt. Name, surname or trade title, full notification address of the candidate, the work related to the application, full address of the Contracting entity holding the procurement on the envelope as well as the signature and stamp of the candidate on the adhesive part of the envelope shall be checked in this review. The application envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

23.2.3. Then, the envelopes shall be opened in order of receipt in front of the participants together with the candidates. It shall be checked whether the documents of the candidates are complete, and in compliance with the described procedure. The candidates whose documents are deficient or are not in compliance with the described procedure shall be written into a minute. The candidates whose application envelopes are opened shall be revealed. The minutes related to these proceedings shall be signed by the Tender commission.

23.2.4. The rejection or acceptance of any application shall not be decided, and the documents comprising the application shall not be corrected and completed at this stage. The session shall be closed for the Tender commission to evaluate the applications immediately.

Article 24- Evaluation of applications for prequalification
24.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 40) In the evaluation of the applications, it shall firstly be decided that the applications of the candidates whose documents are deficient or are not in compliance with the procedure pursuant to Sub-Article 23.2.3 of this Specification hereby shall be disqualified from the evaluation process.

24.1.1. In the event that the documents that must be submitted within the application envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the candidates, such deficient documents and annexes thereto shall not be completed.
24.1.2. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the application in the documents submitted, the documents to remedy such lack of information;

b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must bear in the documents submitted by the candidates and issued by other authorities, agencies or persons shall be completed within the due time.

24.1.3. If the documents submitted by the candidates within the period provided in respect of completing the lack of information are issued on a date later than the deadline date of application, these documents shall be accepted if the candidate evidences that he meets the requirements of application for prequalification as of the deadline date of application.

24.2. The applications of the candidates whose documents are complete in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail.

24.3. At this stage, it shall be reviewed whether the candidates meet the minimum qualification criteria demonstrating their capacity to perform the work, which constitutes the subject matter of procurement, and the requirements set forth in the prequalification document. The candidates that are found to meet the minimum qualification criteria as a result of the evaluation shall be qualified, and the candidates that are found not to meet the minimum qualification criteria shall be disqualified.

Article 25- Concluding the evaluation of prequalification
The tender commission shall decide on the evaluation of prequalification after completing such evaluation of prequalification. In the decision, the names/ trade titles of the candidates that make such application for prequalification, as well as the names/ trade titles of the candidates that are qualified and disqualified and the reasons of such disqualification shall be specified.

Article 26- Notification of results of prequalification and invitation to procurement
26.1. The reasons of disqualification shall be notified to the candidates that are not found qualified as a result of the evaluation of prequalification with a registered and prepaid mail.

26.2. The letter of invitation to tender shall be sent to all candidates that are found qualified as a result of the evaluation of prequalification. The letter of invitation shall include that the candidate is found qualified as a result of the evaluation of prequalification and where and at what price the tender document shall be purchased as well as the date and time of procurement.

Article 27- Cancellation of procurement
27.1. The procurement shall be cancelled when the number of candidates that can be invited to the procurement as a result of the evaluation of prequalification is less than five (5) or the number of tenderers that submit tender for the procurement is less than three (3).

27.2. If the procurement is cancelled, this shall be notified to all candidates or tenderers.

27.3. The candidates or tenderers cannot claim any right for cancellation of the procurement.

Article 28- Settlement of disputes
28.1. All disputes arising during the process until the contract is executed and enforced shall be settled by Administrative Judiciary provided that rules related to the request for review in Article 54 and the subsequent Articles of Public Procurement Law No. 4734 are reserved.

28.2. The relevant provisions stipulated in the contract of work shall be applicable for any dispute arising from the implementation of the contract.

VI- MISCELLANEOUS PROVISIONS

ANNEX: 2
STANDARD ADMINISTRATIVE SPECIFICATION FOR THE GOODS PROCUREMENTS THROUGH THE OPEN TENDER PROCUREMENT

I -   SUBJECT MATTER OF PROCUREMENT AND MATTERS CONCERNING SUBMITTING TENDERS

Article 1- Information About the Contracting Entity
1.1. Contracting Entity's;
a)  Name  :.................................................................................................
b)  Address:...
c)  Phone Number:...
d)  Fax Number:...
            e)  E-mail:..................................................................................................
f)  Name- Surname/ Title of the Contact Person: ....................................................................

1.2. The tenderers may get information about the procurement by contacting the contact persons from the addresses and numbers given above.

Article 2- Information about the subject work of procurement
Goods, which constitute the subject matter of the procurement;
a)   Name:...
b)   Code, if any:...
c)   Quantity and type:...
d)   Place of delivery:...
e)   Other information (if any) about the procurement: ..............................................

Article 3-Information About the Procurement
Information about the procurement;
a)  Procurement procedure: Open Tender Procedure
b)  Address of procurement:...
c)  Date of procurement:...
d)  Time of procurement:...
e)  Place of meeting of the tender commission: ......................................................

Article 4- Reviewing and obtaining the tender document
4.1. The tender document may be reviewed free of charge at the address specified below. However, those who will submit their tenders to the contracting entity shall be liable to purchase the tender document approved by the contracting entity.
a)The place where the tender document can be reviewed:......................................................
b)The place where the tender document can be purchased:.....................................................
c)Sales price of tender document (including tax if any): ..........................................

4.2. The tender document shall be provided along with a memorandum indicating the documents in the content. The tenderer shall check whether the documents comprising the tender document are true copies and the documents are complete. The contracting entity shall receive the declaration of the tenderer indicating that he has received all true copy documents comprising the tender document with a signature affixed on the said memorandum.

4.3. The tenderer shall be deemed to accept the conditions and rules within the tender document by purchasing the tender document.

4.4. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 32) If the papers comprising the tender document are issued and sold to the tenderers in other languages besides Turkish, the Turkish text shall be taken as basis in understanding and interpretation of the tender documents as well as the disputes that may arise between the contracting entity and tenderers.

Article 5- The place where the tenders shall be submitted, deadline date and time of submitting tenders
5.1. The place where the tenders shall be submitted, deadline date and time of submitting tenders;
a)  The place where the tenders shall be submitted:...................................................................
b)  Deadline date of submitting tenders (date of procurement):.....................................
      c)  Deadline time of submitting tenders (time of procurement):....................................

5.2. The tenders shall be submitted to the place specified above until the (deadline) date and time of submitting tenders or sent via registered and prepaid mail. The tenders that are not received by the contracting entity until the (deadline) time of procurement shall not be taken into consideration.

5.3. The tenders submitted to or received by the Contracting entity shall not be returned for any reason other than for issuing addendum in accordance with Article 14 of this Specification hereby.

5.4. In the event that the date determined for the procurement is holiday, the procurement shall be held on the next business day at the time specified above at the same place, and the tenders submitted up to that time shall be accepted.

5.5. The procurement shall be held at the time specified above in the event that working hours change later.

5.6. National time setting of Turkish Radio Television Authority (TRT) shall be taken as basis for time settings.

Article 6- Scope of tender document
6.1 The tender document comprises of the following documents:
a)Administrative Specification
b)List of Needs
c)Technical Specification
d)Draft Contract
e)    Standard forms:
   .......................................................................
   ......................................................
6.2. In addition, addenda to be published by the Contracting entity as well as the written clarifications to be made by the Contracting entity upon the written request of the tenderers shall be an integral binding part of the tender documents in accordance with the relevant provisions of this Specification hereby.

6.3. The tenderer shall be liable to carefully review the content of all documents listed above. The tenderer shall be liable in the event that he could not fulfill the requirements for submitting the tender. The tenders that are not in compliance with the procedure stipulated and described in the tender document shall not be taken into consideration.

II- MATTERS CONCERNING PARTICIPATION IN PROCUREMENT

Article 7- Documents and qualification criteria required for participation in procurement
7.1. The tenderers are required to submit the following documents within their tenders in order to be able to participate in the procurement:
   a) Declaration of address for notification as well as phone and, if any, fax number and e-mail address for contact,
   b) Certificate of Chamber of Commerce and/or Industry or Profession registered as per the legislation;
   1) In the event that the tenderer is a real body, the certificate received within the year when the first announcement with regard to the procurement is made and indicating registration to the Chamber of Commerce and/or Industry or Profession,
   2) In the event that the tenderer is a legal body, the certificate received from the registered Chamber of Commerce and/or Industry within the year when the first announcement with regard to the procurement is made and indicating the registration of the legal body,
   c) Signature statement or signature circular indicating the authority of the tenderer to submit tender,
   1) Signature statement certified by the notary public in the event that the tenderer is a real body,
2) Original or notarized copy of Trade Registers Gazette indicating the shares of the shareholders of the company and their position within the company or the documents evidencing such issues as well as the signature circular of the legal body certified by the notary public in the event that the tenderer is a legal body,
d) (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 33) Written letter of commitment evidencing that the tenderer is not in the cases listed under items (a), (b), (c), (d), (e), (g) and (i) of Article 10 of this Specification hereby.
e) Tender Letter, form and content of which are described in the Specification,
f) Preliminary bond described in this Specification hereby,
g) Qualification Certificates specified in Articles 7.2 and 7.3 of the Specification, and form and content of which are stipulated in Regulation on Implementation of Goods Procurements,
h) If the tenderer is represented by proxy in the procurement, the power of attorney indicating that the representative is authorized to submit tender for and on behalf of the tenderer and signature statement certified by the notary public,
i) In the event that the tenderer is a joint venture, the joint venture statement, form and content of which are described in the Specification hereby and if it is stipulated in Article 16 that the consortia may submit tenders as well, the consortium declaration, form and content of which are specified in this Specification hereby,
j) Recommendations of tenderers on the works for which they intend to assign subcontractors and the list of such works in the event that it is specified in Article 17 of the Specification hereby,
k) Certificate indicating that the tender document has been purchased,
l) Certificates set forth in the Regulation on Implementation of Goods Procurements evidencing that the tenderer is domestic if so specified in Articles 8 and 36 of this Specification,
m) Certificates evidencing that the goods proposed are domestic if so specified in Article 36 of this Specification,
n) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 33) Declaration concerning the legal bodies, which the tenderer is partner or shareholder,
o) (Annex: 08/06/2004 – 25486 Official Gazette / Art. 33) Letter of commitment stating that the work experience certificate shall not be made available to another legal body if the work experience is required,
(Amended: 08/06/2004 – 25486 Official Gazette / Art. 33) In the case of joint ventures, each partner shall be liable to submit the documents listed under items (b), (c), (d), (l), (n) and (o) separately.
(Last paragraph: Abolished pursuant to 08/06/2004 – 25486 Official Gazette/ Art. 33)

7.2. The documents required for the economic and financial qualification and the criteria that these documents have to meet1
7.2.1-...
7.2.2-...
7.2.3-...
...
7.3. The documents required for the professional and technical qualification and the criteria that these documents have to meet 1.
7.3.1-...
7.3.2-...
7.3.3-...
   ...............................................................................................................
7.4.  The works that will be accepted as similar works are specified below2:
7.4.1-..................................................................................................................
7.4.2- .................................................................................................................
7.4.3-...

7.5. Way of Submitting Documents (Amended: 08/06/2004 – 25486 Official Gazette / Art. 33)
7.5.1- The Tenderers shall be required to submit the originals or notarized copies of the documents listed above. 3
7.5.2- The notarized documents have to bear the expression "this is a true copy" certifying the true copy of the original document, otherwise the documents certified in witness of copies of photocopies of the same with the expression "this is the same copy of the document issued" or any expression with the same meaning shall be rejected.
7.5.3- The Tenderers may also, instead of originals, include into their tenders the copies, bearing the expression "Original copy seen by the Contracting entity" or any expression with the same meaning, of the originals seen and returned by the contracting entity prior to the procurement.
7.5.4- The documents except for the ones listed under Article 7.5.4.1 hereunder that will be submitted by the domestic or foreign tenderers have to be issued according to the legislation of the respective country and approved by the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs. However, official documents issued from the countries that are party to the Convention on Abolishing the Obligation to Certify Foreign Official Documents and included in the scope of Article 1 of this convention shall be exempted from the approval of the Consulate of the Republic of Turkey in the country where it is issued or the Turkish Ministry of Foreign Affairs provided that they bear the "Apostille" seal. Provided that there is an agreement or convention containing provisions that require certain proceedings in respect of certifying the signature, seal or stamp on the documents between the Republic of Turkey and any other state or states, the approval of documents issued from such countries shall be subject to the provisions of this agreement or convention.
7.5.4.1....................................................................3..13

7.5.5- In the event that the Turkish translations of the documents are required in this Specification, translations of official documents issued abroad as well as the documents listed in the tender document by the Contracting entity have to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs. Translations of documents that bear the seal of Apostille as well as the translations of documents that are not required to be approved by the Consulate of the Republic of Turkey or the Turkish Ministry of Foreign Affairs must be rendered by the sworn translators and notarized.

7.5.6-.......................................................................................................44




Article 8- Openness of procurement to foreign tenderers5
...
.........   ...
........................................................................................................................

Article 9- Those who cannot participate in the procurement
9.1. Those listed below shall in no way be able to participate in the Procurement directly or indirectly, or as a subcontractor either on their own account or on behalf of third persons;
   a) Those that are prohibited temporarily or permanently to participate in public procurements as per Laws No. 4734 and 4735, and provisions of other laws, and those charged with the offenses within the scope of Anti-Terrorism Law No. 3713 and organized crimes.
b) Those that have gone into false bankruptcy as determined by the relevant authorities.
c) Authorized persons of the Contracting entity in procurement and those persons employed in the boards having such authority.
d) The persons in charge of preparing, executing, concluding and approving any procurement procedures in relation to the work which is the subject of this procurement.
e) Spouses, relatives by blood up to third degree as well as relatives–in–law up to second degree, foster children and adopters of the persons specified in paragraphs (c) and (d).
f) Partners and shares of the persons specified in paragraphs (c), (d) and (e) (excluding the incorporated companies in which such persons are not within the Board of Directors or do not have more than 10% of the capital).
g) Tenderers of the foreign countries determined pursuant to the resolutions of the Council of Ministers as per sub-paragraph 8 of paragraph (b) of Article 53 of Law No. 4734.

9.2. Any bodies such as foundations, associations, unions and funds under the body of the Contracting entity or established for any reason related to the Contracting entity as well as the companies partner to these organizations cannot participate in the procurement.

9.3.  Furthermore, the contractors that provide consultation services in relation to the procurement, which is the subject of the procurement, shall not be able to participate in the procurement. This prohibition shall be applicable for the companies in partnership and management affiliation as well as the companies where more than half of the capital is owned by above-mentioned companies..

9.4. The tenderers that participate in the procurement irrespective of the provisions above shall be disqualified from the procurement and the respective bid bonds shall be registered as revenue. Furthermore, if the contract is awarded without determining the case at the stage of consideration of tenders submitted, the relevant performance bond shall be registered as revenue and the procurement shall be cancelled.

Article 10- Reasons of disqualification from the procurement
The tenderers that are in the following cases shall be disqualified from the procurement if such situations are determined;
a) Tenderers that go into bankruptcy, that are in the process of dissolution, whose transactions are executed by a court, that declare concordat, that suspend works or that are in similar situations as per the legislative provisions applicable in their own countries.
b) Tenderers whose bankruptcy has been declared, for whom compulsory dissolution is resolved, that are under the management of a court due to their debts to the creditors or that are in similar situations as per the legislative provisions applicable in their own countries.
c) Tenderers that have any outstanding debt due to social security premiums as per the legislative provisions of Turkey and those applicable in their own countries.
d) Tenderers that have any outstanding debt due to taxes as per the legislative provisions of Turkey and those applicable in their own countries.
e) Tenderers that are charged with any offense due to their business activities within five years prior to the date of procurement.
f) Tenderers that are proved to act against business or professional ethics during the performance of works for the authority which holds the procurement within five years prior to the date of procurement.
g) Tenderers that are prohibited against any business activity by the registered chamber as per the relevant legislation by the date of procurement.
h) Tenderers that do not furnish the data and documents specified in this Article or that furnish misleading data and/or counterfeit documents.
i) Tenderers that participate in the procurement even though they are prohibited to participate in the procurement pursuant to Article 9 of the Specification.
j) Tenderers that are determined to enter into prohibited deeds and actions as specified in Article 11 of the Specification.

Article 11- Prohibited acts and behaviors
11.1. It is prohibited to enter into the following acts and behaviors in the procurement process:
a) To plot mischief or attempt to do so in procedures related to the procurement through trick, promise, threat, use of influential forces, false competition, agreement, corruption, bribe or other means.
b) To drift the tenderers into hesitation, to hinder participation, to offer or encourage agreements with the tenderers, to enter into actions affecting competition or resolution of the tender commission.
c) To issue, use counterfeit documents or guarantees, and attempt to such actions.
d) To submit more than one tender personally or by proxy directly or indirectly for himself/ herself or on behalf of others apart from the cases of submitting alternative tenders.
e) To participate in the procurement even though the tenderer is prohibited to participate as per Article 9 of the Specification.

11.2. Tenderers that enter into the said prohibited deeds or actions shall be subject to the provisions in Chapter Four of Law No. 4734 according to the nature of such act and behavior.

Article 12- Tender preparation expenses
All costs arising from the preparation and submittal of tenders shall be borne by the tenderers. The Contracting entity shall in no way be liable to such costs undertaken by the tenderer irrespective of the progress and conclusion of the procurement.

Article 13- Clarification in the tender document
13.1. The tenderers shall be able to request a clarification to be made with regard to the points they need in the tender document with a written application until twenty (20) days prior to the deadline date of submitting tenders at the stage when the tenders are prepared. The requests for any clarification following this date shall not be taken into consideration.

13.2. In the event that the request for such a clarification is approved, the clarification by the Contracting entity shall be sent to all tenderers in written who have purchased the tender document until the said date with a registered and prepaid letter or delivered by hand against signature. This written clarification by the Contracting entity shall be made to ensure that all tenderers are informed at least ten (10) days prior to the deadline date of submitting tenders.

13.3. The clarification shall cover the description of the problem and detailed answers of the contracting entity. The identity of the tenderer that requests for a clarification shall not be disclosed.

13.4. The written clarifications shall be given included in  the tender document to the tenderers who receive the tender document after the day which the clarification has been made.

Article 14- Amendment to tender document
14.1. It is essential that no amendment to the tender document should be made following the announcement of procurement. However, in the event that substantial or technical mistakes or deficiencies that may adversely affect the preparation of tenders or performance of works are determined by the Contracting entity or notified written by the tenderers, an amendment may be made to the tender document by issuing an addendum.

14.2. The said addendum shall be sent to all tenderers who have purchased the tender document in written in a registered and prepaid letter or delivered by hand in return for a signature, and the tenderers shall be ensured to be notified at least ten (10) days prior to the date of procurement.

14.3. In the event that additional time is needed to prepare tenders due to such an amendment, the Contracting entity may postpone the date of procurement for maximum twenty (20) days only once with an addendum. It shall be continued to sell the tender documents and receive the tenders during the term of postponement.

14.4. In the event that an addendum is issued, the tenderers who have submitted their tenders before such an amendment shall be enable to withdraw their former tenders and submit their new tenders.
Article 15- Freedom of the Contracting entity to cancel the procurement before the time of procurement
15.1. When deemed necessary by the Contracting entity or when it is determined that some points in the tender document hinder the procurement and it is impossible to remedy , the procurement may be cancelled before the time of procurement.

15.2. In this case, the cancellation of the procurement shall be notified to the tenderers indicating the reason of such cancellation. The tenderers that submit their tenders up to that time shall also be informed about the cancellation of the procurement.

15.3. In the event that the procurement is cancelled, all submitted tenders shall be deemed rejected and such tenders shall be returned to the tenderers without opening.

15.4. The tenderers shall not be entitled to claim any right against the Contracting entity due to the cancellation of the procurement.

Article 16- Joint ventures
16.1. More than one real body or legal body shall be able to submit tenders for the procurement through establishing a joint venture.

16.2. Tenderers that shall submit tender for the procurement through establishing a joint venture shall submit a Joint Venture Statement, an example of which is enclosed, in which the pilot partner within the joint venture is specified, together with the tender.

16.3. In the event that a joint venture is awarded the Contract, the respective joint venture shall be requested to submit the joint venture contract certified by a notary public before signing the Contract.

16.4. The Joint Venture Agreement (Joint Venture Statement) and Contract shall include the provision that real bodies and legal entities comprising the joint venture shall be jointly and severally liable to perform the contract.

16.5. The pilot partner should have the most shares in the joint venture. The percentage of share of the partners shall be indicated in the Joint Venture Agreement (Joint Venture Statement) and Contract.

16.6..............................................................................................................6
   
Article 17-Subcontractors7
.........................................................................................................................
...
.........................................................................................................................
...

III. MATTERS CONCERNING PREPARATION AND SUBMITTAL OF TENDERS

Article 18- Type of tender and contract8
........................
...
Article 19- Language of tender9
.........................................................................................................................
...............................................................................................................................................................................................................................................
   
Article 20- Currency applicable for tenders and payments10
......................................................................................................................
..............................................................................................................................................................................................................................................

Article 21- Partial tenders11
21.1......................................................................
21.2.12.....................................................................................................................................................................................................................................................................................................................................................

Article 22- Alternative tenders13
In relation to the subject work, ... ...

Article 23-Way of submitting tenders
23.1. All documents including the Tender Letter and bid bond required in this Specification as a condition to participate in the procurement shall be put into an envelope or package. Name, surname or trade title of the tenderer, full address for notification, the work related to the tender and full address of the contracting entity holding the procurement shall be written on this envelope. The adhesive part of the envelope shall be signed, sealed or stamped by the tenderer.

23.2. The tenders shall be submitted to the Contracting entity (the office where the tenders shall be submitted) in return for receipts with order numbers until the time of the procurement stipulated in the tender document. The tenders submitted after this time shall not be accepted and returned to the tenderer without opening.

23.3. Tenders may be submitted by registered and prepaid mail. The tenders sent by mail shall reach to the Contracting entity until the time specified in the tender document. The receiving time of the tenders which shall not be put into effect due to delays in mail shall be written into a minute and shall not be taken into consideration.

23.4. The tenders submitted shall not be returned and replaced for any reason other than the case of issuing an addendum according to the provisions of this Specification hereby.

23.5. In the event that the duration of submitting tenders is extended with an addendum, all rights and liabilities of the Contracting entity and tenderers, with regard to the former date of submitting tenders shall be deemed extended in terms of duration until the readjusted deadline of submitting tenders.

Article 24- Form and content of tender letter
24.1. The tender letters shall be submitted as written and signed in accordance with the sample form enclosed.

24.2. With regard to the Tender Letter;
a) It must specified that the tender document is fully read and accepted,
b) The tender price must be written clearly and be consistent with each other in figures and in words,
c) There must not be any scraping, erasure and correction on it,
d) The Tender Letter must be signed by the authorized persons by indicating their names, surnames or trade titles.

24.3. Tender letters of tenderers that submit tenders as a joint venture are required to be signed by all members of the joint venture or persons duly authorized to submit tenders.
   
Article 25- Validity duration of tenders14
25.1. The validity duration of tenders shall be at least ............. calendar days following the date of procurement. The tender letters indicating shorter validity duration shall not be taken into consideration.

25.2. If necessary, the Contracting entity may request the tenderers to extend the validity period to the maximum extent specified above before the existing validity period expires. The tenderers may accept or reject this request of the Contracting entity. The bid bond of the tenderer that rejects the request of the Contracting entity with regard to extension of the validity period shall be returned.

25.3. The tenderers that accept such a request shall be liable to adapt their bid bond to the new validity period and provisions of bid bond in all aspects without changing the conditions of the tender and the contract.

25.4. Requests and answers to this effect shall be made written, sent by registered and prepaid mail or delivered by hand in return for signature.

Article 26- Costs included in the tender price
26.1.15....................................................................................................................
..............................................................................................................................................................................................................................................................................
...

26.2. In the event that any increase occurs in the expenses provided in article (26.1.) or similar costs arise, it shall be assumed that the tender price meets such increases or differences.

26.3. However, the Value Added Tax (VAT) payable under the contract shall be paid separately to the contractor by the Contracting entity in accordance with the relevant legislation.

Article 27- Bid Bond
27.1. The tenderers shall provide bid bonds at the rate to be determined by them, but not less than 3% of the tender price. The tenderers that provide less than 3% of the tender price shall be disqualified from the evaluation.

27.2. In the event that the tenderer is a joint venture, the partners may provide bid bonds at the rate of their share, or the bid bond may be paid by one or some of the partners provided that the total amount is not less than the minimum amount of bid bond.

27.3. The duration must be specified in guarantee letters issued by banks as bid bonds. This duration shall be determined by the tenderers, but not less than thirty (30) days from the validity period of tender.

27.4. The tenders submitted without any acceptable bid bond shall be disqualified from the evaluation since the requirements of the Contracting entity are not met.
   
Article 28 – Values accepted as bid bond
28.1. The values that shall be accepted as bid bonds are as follows:
a) Turkish Lira in currency,
b) Letters of Guarantee issued by banks and private financial organizations,
c) Government securities exported by the Treasury Secretariat and certificates issued in lieu of these bonds.

28.2. Those specified in item (c) and those exported by including the interest in the nominal value of the bonds issued in lieu of them shall be accepted as guarantee over the sales value corresponding to the principal.

28.3. Letters of Guarantee issued by foreign banks that are allowed to act in Turkey as per the relevant legislation and the Letters of Guarantee issued by the banks or private financial organizations in Turkey with counter-guarantee of banks or similar loan organizations acting outside Turkey shall also be accepted as guarantee.
   
28.4. In the event that Bank Letter of Guarantee is issued, scope and form of the said Bank Letter of Guarantee shall comply with the principles set forth by the Public Procurement Authority. Letters of Guarantee issued in incompliance with the aforesaid principles shall not be accepted as a guarantee.

28.5. The guarantees may be replaced with other values accepted as guarantee (bid bond).

28.6. The guarantees received by the Contracting entity shall in no way be sequestrated and attached with interim injunction.

Article 29- The place where the bid bonds shall be submitted
29.1. Bank Letters of Guarantee shall be submitted to the tender commission inside the tender envelopes.

29.2. The guarantees other than the Bank Letters of Guarantee must be furnished to the Accountancy or Directorates of Accounting, and the receipts thereof must be submitted inside the tender envelopes.
   
Article 30 – Returning bid bonds
30.1. The Letters of Guarantee belonging to the tenderer that is to be awarded the contract and to the tenderer who has submitted the second economically most advantageous tendershall be delivered to the Accountancy or Directorates of Accounting after the procurement. Bid bonds of the other tenderers shall be returned immediately.

30.2. The bid bond provided by the tenderer that is awarded the contract shall be returned after the provision of the required performance bond and concluding the contract.

30.3. In the event that a contract is concluded with the tenderer that is awarded the contract, the guarantee of the tenderer who has submitted the second economically most advantageous tender shall be returned just after signing the contract.

30.4. The bid bond shall be returned to the tenderer or the authorized representative personally against signature.

IV- MATTERS CONCERNING EVALUATION OF TENDERS
AND CONCLUDING THE CONTRACT
Article 31 – Receiving and opening the tenders
31.1. The tenders shall be submitted to the Contracting entity (the office where the tenders shall be submitted to) until the deadline time of submitting tenders indicated in this Specification hereby.

31.2. The following procedure shall be applicable for receiving and opening the tenders by the Tender commission;

31.2.1. The number of tenders submitted until the deadline time of submitting tenders shall be written into a minute by the Tender commission, and it shall be announced to the participants and then procurement shall immediately be held.
   
31.2.2. The Tender commission shall review the tender envelopes in receiving order. Name, surname or trade title, full notification address of the tenderer, the work referred by the tender, full address of the Contracting entity holding the procurement on the envelope as well as the signature and stamp of the tenderer on the adhesive part of the envelope shall be checked in this review. The envelopes that do not meet the said requirements shall be written into a minute, and shall not be taken into consideration.

31.2.3. The envelopes shall be opened in receiving order in front of the participants and tenderers. It shall be checked whether the documents of the tenderers are complete, and the tender letters and the bid bonds are in compliance with the described procedure. The tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the described procedure shall be written into a minute.

31.2.4. The tenderers and the tender prices shall be announced. The minutes related to these procedures shall be signed by the Tender commission.

31.2.5. The rejection or acceptance of any tender shall not be decided, and the documents comprising the tender shall not be corrected and completed at this stage. The session shall be closed for the Tender commission to evaluate the tenders immediately.

Article 32- Evaluation of Tenders
32.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 34) In evaluation of the tenders, it shall firstly be decided that the tenders of the tenderers whose documents are deficient or whose tender letters and bid bonds are not in compliance with the procedure pursuant to Sub-Article 31.2.3 of this Specification hereby shall be disqualified from the evaluation process.

32.1.1. In the event that the documents that must be submitted within the tender envelope as per this Specification and the annexes that must be provided pursuant to the related legislation are not furnished by the tenderers, contracting entity shall not have such deficient documents and annexes thereto completed.

32.1.2. However,

a) In the event that there is lack of information that does not have an effect to change the basis of the tender in the documents submitted except for the requirements that must be met statutorily in respect of the bid bonds and tender letters, the documents to remedy such lack of information;

b) The documents to remedy the lack of information that has the effect to cause hesitation concerning the content of the document and arising from the authorities, agencies or persons that issue the documents except for the compulsory factors that these documents must bear in the documents submitted by the tenderers and issued other authorities, agencies or persons shall be completed within the due time.

32.1.3. If the documents submitted by the tenderers within the period provided in respect of completing the lack of information are issued on a date later than the date of procurement, these documents shall be accepted if the tenderer evidences that he meets the requirements of participation as of the date of procurement.

32.2. The tenders of the tenderers whose documents are complete and whose tender letter and bid bond are in compliance with the procedure as a result of the first review and these procedures shall be evaluated in detail.

32.2.1. It shall be checked whether the capacity of the tenderers is in compliance with the qualification criteria and tenders are in accordance with the conditions specified in the Tender document at this stage. The tenders of the tenderers that do not comply with the said requirements shall be disqualified from evaluation.

32.2.2. It shall be checked whether there is any arithmetic error in statements enclosed to the tender letters submitted by the tenderers at the final stage.

32.2.3. In the event that an arithmetic error is determined in multiplication and sum within the statements enclosed to the tender letters indicating the tender prices, the arithmetic errors shall be corrected by the Tender commission on the basis of unit prices offered by the tenderers. The tender found as a result of such correction shall be accepted as the principal tender of the tenderer and the matter shall immediately be notified written to the tenderer.

32.2.4. The tenderer shall be liable to notify written within five (5) days following the date of the aforesaid notification whether s/he accepts the corrected tender or not. In the event that the tenderer notifies that s/he does not accept the corrected tender or does not reply within this duration, then the tender shall be disqualified from evaluation and the bid bond furnished shall be registered as revenue.

Article 33 – Requesting the tenderers to clarify their tenders
33.1. The Contracting entity may request the tenderers to explain their tenders with regard to unclear points in order to review, compare and evaluate the tenders upon the demand of the Tender commission.

33.2. This clarification shall not be requested to change the tender price or to comply the defective tenders with the requirements indicated in the tender document, and shall not be used to this effect.

33.3. The request for clarification of the Contracting entity and the replies of the tenderer to this request shall be in writing.

Article 34 – Abnormally low tenders
34.1. After the Tender commission evaluates the tenders submitted as per Article 32 of this Specification hereby, it shall determine the abnormally low tenders according to the other tenders or the approximate cost determined by the Contracting entity. The Tender commission shall demand from the tenderers to submit the significant components and relevant details in the submitted tender in writing within the period determined before rejecting such tenders.

34.2. The Tender commission shall evaluate the abnormally low tenders with regard to the written clarifications by documenting;
a) The cost – effectiveness of manufacturing process,
b) Technical solutions selected and the advantageous conditions that shall be used by the tenderer in supplying the goods and services,
c) originality of the product offered.

As a result of this evaluation, the tenders of the tenderers whose clarifications are not deemed satisfactory or that do not make any written clarification shall be rejected.   

Article 35 – Freedom of the Contracting entity to reject all tenders and cancel the procurement
35.1. The Contracting entity shall be free to reject all tenders and cancel the procurement upon the resolution of the Tender commission. The Contracting entity shall not have any liability due to the cancellation of all tenders.

35.2. In the event that the procurement is cancelled, the situation shall immediately be notified to all tenderers.

35.3. Furthermore, the Contracting entity shall notify the reasons of the cancellation of the procurement to the tenderers who requests to this effect.

Article 36 – Determination of economically the most advantageous tender
36.1. The tenderer that submits economically the most advantageous tender shall be awarded the contract.

36.2. Economically the most advantageous tender shall be determined on the basis of ....................................................................................................16

36.3. The following issues shall be taken into consideration in evaluating economically the most advantageous tender.17
36.3.1...
36.3.2...
36.3.3...
...

36.4. In the procurements where the lowest price is considered as economically the most advantageous tender, if more than one tenderer proposes the same price and it is understood that these tenders constitute economically the most advantageous tender, the procurement shall be concluded by determining economically the most advantageous tender in consideration of the criteria given under Article 36.5 of the specification and within the framework of the provisions set forth in the Regulation on Implementation of Goods Procurements.

36.5. The criteria required from the tenderers other than price if the prices are equal in cases where the most advantageous tender shall be determined according to the lowest price basis:18

36.5.1-...
36.5.2-...
...

36.619............................................................................................................
...................................................................................................................

36.7. Application of price advantage in favor of domestic tenderers:20
..............................................................................................................................................................................................................................
   
Article 37- Award of procurement

37.1. The tenderer that submits economically the most advantageous tender shall be awarded the contract as a result of evaluation made according to the provisions of this Specification hereby.

37.2. The Tender commission shall make its resolution with reasons thereof and submit to the contracting officer for approval.
   
Article 38 – Approval of the procurement award
38.1. The Contracting entities shall check whether the tenderer who is awarded the contract is prohibited from taking part in the procurements through the Public Procurement Authority prior to approval of the contracting officer and annex the document to this effect to the procurement award.

38.2. The Contracting Officer shall approve the procurement award within five (5) business days at the latest following the date of award or cancel the award with the reasons thereof.

38.3. The procurement shall be deemed valid if the award is approved, and invalid if it is cancelled by the Contracting Officer.

Article 39 – Notification of final procurement award
39.1. The result of the procurement shall be notified to all tenderers including the tenderer that is awarded the contract that submit tenders for the procurement, against signature or via registered and prepaid mail sent to their notification addresses within maximum three (3) days following the approval of the procurement award by the contracting officer. The seventh (7th) day following the mailing date shall be assumed as the notification date of the procurement award.

39.2. In the event that the tenderers participating in the procurement whose tenders are not taken into consideration or not found suitable make a written request within five (5) days following the date of notification, the Contracting entity shall notify the reasons within five (5) days following the date of such a request.

39.3. In the event that the procurement award is cancelled by the contracting officer, the tenderers shall again be notified in the same way.

Article 40 – Invitation for concluding the contract
40.1. In the event that the notification period as per Article 39.2 of this Specification hereby expires or visa by the Ministry of Finance is required, the tenderer that is awarded the contract shall be invited to sign a contract via a registered and prepaid mail within three (3) days following the notification to the effect that such a visa is issued. The seventh (7th) day following the mailing date shall be assumed as the notification date of the award to the tenderer. Twelve (12) days shall be added to this duration for the foreign tenderers.
   
40.2. This notification may also be made to the tenderer in the Contracting entity against signature.

40.3. The tenderer shall be liable to sign the contract by providing the performance bond within ten (10) days following the notification date of this invitation.

Article 41 – Performance bond
41.1. The tenderer that is awarded the contract shall be liable to provide performance bond at an amount corresponding to 6% of the procurement price before concluding the contract.

41.2. In the event that the tenderer that is awarded the contract is a joint venture, the partners may provide performance bonds at the percentage of their share, or the total amount of performance bond may be paid by one or some of the partners.


Article 42 – Duty and responsibility of the tenderer in concluding the contract
42.1. (Amended: 08/06/2004 – 25486 Official Gazette / Art. 35) The tenderer that is awarded the contract shall be liable to sign the contract by furnishing the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond within the period as stipulated under Article 40.3 of this Specification hereby. The bid bond shall be returned immediately after the contract is signed.

42.1.1. (Annex: 08/06/2004 – 25486 Official Gazette / Art. 35) The foreign tenderers shall submit the equivalent documents evidencing that they are not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 of this Specification according to the legislation of their respective countries. If there are not equivalent documents within the frame of legislation binding the tenderer or it is not possible to issue such documents, they shall submit the written statements to this effect. However, this shall be confirmed by the mission chiefs in Turkey of the country of nationality of the foreign real body or where the head office of the company of the foreign legal body is seated or the mission chiefs in such countries of the Republic of Turkey.

42.2. If these requirements are not met, the bid bond of the tenderer that is awarded the contract shall be registered as revenue without sending a protest letter and judgment by a court.

42.3. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is awarded the contract shall be prohibited to participate in any procurements held by all public authorities and bodies as stipulated in the relevant Law for a period between six months and one year as per Article 58 of Law No. 4734.

Article 43 – Notification to the second economically most advantageous tenderer

43.1. (Amended: 08/06/2004 – 25486 Official Gazette/ Art. 36) In the event that the tenderer that is awarded the contract does not provide the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as well as the performance bond or does not sign the contract, then the contract may be concluded with the second economically most advantageous tenderer if it is found suitable by the contracting officer. In this case, it shall be checked if the second economically most advantageous tenderer is prohibited and shall be required to submit the documents evidencing that he is not in the cases listed under items (a), (b), (c), (d), (e) and (g) of Article 10 as per Article 38.1 prior to the approval by the contracting officer.

43.2. The said tenderer shall be notified in accordance with the provisions of Article 40 of this Specification hereby.

43.3. In the event that the second economically most advantageous tenderer does not sign the contract, the bid bond of the said tenderer shall be registered as revenue, and the procurement shall be cancelled.

43.4. Furthermore, the tenderer that does not conclude a contract according to the applicable procedures apart from force majeure even though the said tenderer is the second economically most advantageous tenderer shall be prohibited from participating in any procurement held by all public authorities and bodies as stipulated in the relevant Law for a period from six months to one year as per Article 58 of Law No. 4734.
 
Article 44 – Duty and responsibility of the Contracting entity in concluding the contract
44.1. The tenderer may defer from his commitment provided that the said tenderer notifies the situation to the Contracting entity with a written notice issued by the Notary Public for a period of ten (10) days within maximum five (5) days following the expiry of the period stipulated in Article 40.1. of this Specification hereby in the event that the Contracting entity does not fulfill its obligation with regard to concluding the contract.

44.2. In this case, the bid bond of the said tenderer shall be returned and the said tenderer shall be entitled to claim the documented costs incurred to provide such bid bond.

Article 45 – Concluding the procurement with contract
45.1. The share of Public Procurement Authority shall be invested to the accounts of the said Authority before the contract is signed if the contract price exceeds the amount specified in sub-paragraph (1) of paragraph (j) of Article 53 of Law No. 4734.

45.2. The contract prepared by the Contracting entity in accordance with the conditions specified in the tender document shall be signed by the contracting officer and the Contractor.

45.321.....................................................................................................................................................................................................................................

45.4. In the event that the Contractor is a joint venture, the contract shall be signed by all partners of the joint venture.

45.5. ........................ concerning the execution of Contract shall be borne by the Contractor22.


V – MATTERS CONCERNING IMPLEMENTATION OF CONTRACT

Article 46- Place and terms of payment23
46.1. Any payment in connection with the procurement/ goods, which constitute the subject matter of procurement, shall be effected by the Accountancy/ Accounting Office of .............................
...................................................................

46.2. Other terms of payment are specified in the draft contract.


Article 47- Advance payment and conditions24
..................................
...

Article 48- Terms of price difference payment and calculation25
The price difference ........................................................................................... ..........................................................................................................................................................................................................................................................................................................................................................................
........................................................................................................................
Article 49- Date of work commencement and completion (delivery of goods)26
49.1. The goods shall be delivered / the work shall commence following the notification of the proceed to work to the contractor or the address indicated for notifications by the contracting entity following the execution of the contract (in respect of works subject to registration by Court of Accounts, following such registration).

49.2. The duration of work is ...................................... (in figures and words) calendar days.

Article 50 – Cases and conditions for extension of duration
50.1. The cases for extension of duration are listed below:

50.2. Force majeure:
a) Natural disasters.
b) Legal strikes.
c) General epidemic diseases.
d) Announcement for partial or general mobilization.
e) Other cases determined by the Public Procurement Authority if necessary.

50.2.1. The cases listed above shall be accepted as force majeure and the extension of time shall be possible provided that such cases;
a) Shall not be caused owing to any defect attributable to the Contractor,
b) Shall have the nature to hinder the performance of the contract,
c) The contractor shall not have sufficient power to eliminate this hindrance,
d) The contractor shall notify the Contracting entity in writing within twenty (20) days following the day when the event of force majeure occurs,
e) Shall be documented by the authorized bodies.

50.3. Reasons attributable to the contracting entity

50.3.1. Furthermore, in the event that the Contracting entity does not fulfill the contractual obligations (delay in delivering the worksite and approval of the projects etc.) within the stipulated duration without any default of the contractor, and any delay occurs with reasons not caused by the contractor, and the work is not completed in time, the situation shall be reviewed by the Contracting entity upon the request by the contractor provided that this hinders the performance of the contract and the contractor does not have sufficient power to eliminate the hindrance, and the Contracting entity may extend the time for a part of or whole work according to the nature of the work.

   
Article 51- Additional works that may be performed within the scope of contract, decrease and dissolution of work27:
..........................................................................................................................
........................................................................................................................................................................................................................................................ 

Article 52 – Penalties payable in delays (Amended: 08/06/2004 – 25486 Official Gazette / Art. 37) If the Contractor does not deliver the goods/ complete the works in time as per the contract, the delay notice shall be issued by the contracting entity for ..................2827.1 days and the delay penalties at .................28 of the contract amount shall be applied for each calendar day delayed, and in the event that the same situation continues in spite of the written notice of the Contracting entity, the performance bond of the contractor shall be registered as revenue, the contract shall be cancelled and the account shall be settled in accordance with the general provisions without necessity for any written protest.

Article 53 – Terms and conditions of receipt, delivery, examination and acceptance 29
53.1. Delivery schedule of contractor:..........................................................................

53.2. Terms and conditions of delivery and receipt:.........................................................

53.3. Terms and conditions of examination and acceptance:.................................................

Article 54- Matters concerning warranty, maintenance and repair 30
......................................................................................................................................................................................................................................................................................................................................................................

Article 55- Settlement of disputes
55.1. All disputes arising during the process until the contract is executed and enforced shall be settled by Administrative Judiciary provided that rules related to the request for review in Article 54 and the subsequent Articles of Public Procurement Law No. 4734 are reserved.

55.2. The relevant provisions stipulated in the contract of work shall be applicable for any dispute arising from the implementation of the contract.

VI- MISCELLANEOUS PROVISIONS

ANNEX-1
PROCUREMENT APPROVAL CERTIFICATE
CONTRACTING ENTITY

DATE & NUMBER OF CERTIFICATE

TO (title of contracting officer)

DETAILS OF PROCUREMENT
TERMS OF REFERENCE

NATURE OF WORK

QUANTITY OF WORK


Estimated Cost

Amount of Usable Appropriations

Investment Project No (if any)

Budgeting (if any)

Terms of Advance Payment

Procurement Procedure1

Form and Quantity of Procurement

Sales Price of Prequalification/ Tender Document

If the Price Difference Will Be Paid, Related Decree of Council of Ministers

OTHER DETAILS ABOUT THE PROCUREMENT2

APPROVAL


I hereby submit to your high considerations the requirement to hold procurement for the goods indicated hereinabove.
..../..../....


Approved
..../..../....
Contracting Officer3
NAME & SURNAME
Title
Signature


Name & Surname
:

Title
:




Annex: Estimated cost schedule drawn up by the contracting entity

ANNOUNCEMENT FOR PROCUREMENT
[name of contracting entity]

The goods for [name of work] shall be procured through open tender procedure.
Procurement register number*
:
1- Contracting entity's

a) address
:
b) phone and fax number
:
c) e-mail (if any)
:
2- Goods to be procured

a) nature, type and quantity
:
b) location
:
c) duration of work
:
3- Procurement's

a) location
:
b) date and time
:
4- The conditions for participation in procurement, documents required and the criteria application in evaluation of qualification:

4.1-The conditions for participation in procurement and documents required:
4.1.1-.............................................................................................................
       -..............................................................................................................
4.2- Documents concerning the economic and financial qualification and the criteria that such documents have to meet:1
4.2.1-...
        -...
4.3- Documents concerning the professional and technical qualification and the criteria that such documents have to meet:2
4.3.1-...
        -...
4.4- Similar works in this procurement shall be ...........................................................................3
5- Economically most advantageous tender shall be determined [ on the basis of the lowest price/ in view of the criteria other than price].
6- [Only the domestic tenderers can participate in the procurement./ The procurement is open to all  tenderers./Price advantage shall be applied by ....% in favor of domestic tenderers that propose domestic item(s) that is/are accepted as domestic goods in the procurement.]
7- The tender document can be reviewed at [address of contracting entity] and obtained [from the same address/ ...............................] against TL ............................... Those that can submit tenders for the procurement have to purchase the tender document.
8- The tenders can either be delivered personally to the [place where the procurement shall be held] until the [date of procurement] [time of procurement] or sent via registered and prepaid mail.
9- The tenderers shall submit their tenders [over lump sum. Lump sum contract shall be concluded with the tenderer that is awarded as a result of the procurement. /- over unit costs for the item(s). Unit cost contract shall be concluded with the tenderer that is awarded over the total amount that is found by multiplying the items with the unit costs proposed as a result of the procurement.]
10- The tenderers shall furnish Bid Bond at the amount to be determined by them, which shall not be less than 3% of the tender price.
11- The validity period of tenders submitted must be minimum ............... calendar days as from the date of procurement.
12- Consortiums can/ cannot submit tenders for the procurement.

ANNOUNCEMENT FOR PREQUALIFICATION
[name of contracting entity]

The candidates that have sufficient experience are invited to make application for prequalification for the procurement of [name of work]. The said work shall be awarded through the restricted procedure with participation of the tenderers that will be invited for negotiation after having been found qualified as a result of the evaluation on prequalification.

Procurement register number*
:
1- Contracting entity's

a) address
:
b) phone and fax number
:
c) e-mail (if any)
:
2- Goods related to prequalification

a) nature, type and quantity
:
b) place(s) of delivery
:
c) date(s) of delivery
:
3- Evaluation on prequalification

a) location
:
b) date and time
:
4- The conditions for participation in prequalification, documents required and the criteria application in evaluation of qualification:

4.1-The conditions for participation in prequalification and documents required:
4.1.1-.............................................................................................................
       -..............................................................................................................
4.2- Documents concerning the economic and financial qualification and the criteria that such documents have to meet:1
4.2.1-...
        -...
4.3- Documents concerning the professional and technical qualification and the criteria that such documents have to meet:2
4.3.1-...
        -...
4.4- Similar works in this procurement shall be ...........................................................................3
5- [Only the domestic tenderers can participate in the procurement./ The procurement is open to all  tenderers./Price advantage shall be applied by ....% in favor of domestic tenderers that propose item(s) that is/are accepted as domestic goods in the procurement.]
6- The prequalification document can be reviewed at [address of contracting entity] and obtained [from the same address/ ........................] against TL ............................... Those that will apply for prequalification have to purchase the prequalification document.
7- The application documents to be drawn up in compliance with the prequalification document can either be delivered personally to the [address of application] until [deadline date of application] [deadline time of application] or sent via registered and prepaid mail.
8- Consortiums [can/ cannot] apply.

ANNOUNCEMENT FOR PROCUREMENT
[name of contracting entity]

The tenderers that act in the field of subject matter of procurement and that have sufficient experience are invited to submit tenders for the goods of [name of work]. The work shall be awarded through negotiated procedure among the tenderers that are invited after having been found qualified as a result of evaluation on qualification.
Procurement register number*
:
1- Contracting entity's

a) address
:
b) phone and fax number
:
c) e-mail (if any)
:
2- Goods to be procured

a) nature, type and quantity
:
b) location
:
c) duration of work
:
3- Evaluation on qualification

a) location
:
b) date and time
:
4- The conditions for participation in evaluation on qualification, documents required and the criteria applicable for evaluation on qualification:
4.1-The conditions for participation in procurement and documents required:
4.1.1-.............................................................................................................
       -..............................................................................................................
4.2- Documents concerning the economic and financial qualification and the criteria that such documents have to meet:1
4.2.1-...
        -...
4.3- Documents concerning the professional and technical qualification and the criteria that such documents have to meet:2
4.3.1-...
        -...
4.4- Similar works in this procurement shall be ...........................................................................3
5- Economically most advantageous tender shall be determined [ on the basis of the lowest price/ in view of the criteria other than price].
6- [Only the domestic tenderers can participate in the procurement./ The procurement is open to all  tenderers./Price advantage shall be applied by ....% in favor of domestic tenderers in the procurement./ Price advantage shall not be applied in favor of the domestic tenderers in the procurement]
7- The tender document can be reviewed at [address of contracting entity] and obtained [from the same address/ ...............................] against TL ............................... Those that will participate in qualification process have to purchase the tender document.
8- The application documents to be drawn up in compliance with the tender document can either be delivered personally to the [address of application] until [deadline date of application] [deadline time of application] or sent via registered and prepaid mail.
9- Consortiums [can/ cannot] apply.

Procurement register number
:

Number
:

Subject
:
Invitation to submit tenders

This letter has been delivered to you [via registered & prepaid mail/ personally] on _ _ / _ _ / _ _ _ _



      [address of tenderer],
      Messrs. [name or trade title of tenderer],

   The procurement shall be held by receiving tenders from the tenderers that are found qualified as a result of the evaluation on qualification made in relation to [name of work]. The tender document concerning the procurement can be reviewed and/or purchased at the address indicated below. You have to submit your application for qualification, which shall be drawn up in compliance with the tender document in order to participate in the procurement, to the address indicated in the tender document until _ _ / _ _ / _ _ _ _ (date) at _ _ : _ _ (time) at the latest.

   It is submitted to you for knowledge and necessary action.




Address:[address of contracting entity]                     Contracting Officer
   [phone or fax of contracting entity]                   Name & Surname
   [e-mail of contracting entity (if any)]                              Position
                                     Signature


[Letterhead of contracting entity]


Procurement register number*   :
Name of work         :
Date of [prequalification/ procurement]: __/__/____ at __:__
           
Trade title of [tenderer/ candidate]

Address


Date and time of purchasing the document

Date and number of certificate concerning the collection of the value of document

Clarification**


Addendum**




This is to certify that the documents comprising the tender document in relation to [the name of work] have been checked to verify that they are true copies and complete by the [tenderer/ candidate], and all of them have been duly delivered with a memorandum indicating the documents in the content4 .

[Tender/ prequalification] document consists of;

   1) .....................................................................................
   2) .....................................................................................
   3) .....................................................................................
   4) .....................................................................................
   5) ........................................................
   ... (necessary lines shall be inserted to this section).




  Document purchased by
Delivered by
       Name & Surname
Contracting Officer
            Signature
Name & Surname

Position

Signature


* This shall be obtained from the Public Procurement Authority.
** If a clarification is made or  addendum is issued, the date and number of clarification or addendum shall be written when such clarification or addendum is sent to the address of candidate/ tenderer.
Procurement register number

Name of contracting entity
:
Name of work
:
Date and time of [application/ procurement)
: date _ _/_ _/_ _ _ _ ....................., time _ _:_ _

Date and time of submitting [application for prequalification/ application for qualification/ procurement tender envelope]
: date _ _/_ _/_ _ _ _ ....................., time: _ _:_ _

Line Number
:








CERTIFICATE OF RECEIPT OF [application for prequalification/ application for qualification/ procurement tender envelope]

[Application for prequalification/ application for qualification/ procurement tender envelope] named ........................... of [the candidate/ tenderer] has been registered under the line number indicated hereinabove, and received at the date and time mentioned hereinabove again.




Contracting Officer
Receiving the Document
Name & Surname
Position
Signature

[letterhead of contracting entity]
Procurement register number
:
Name of contracting entity
:
Name of work
:
Date and time of application/ tender
: Date: _ _/_ _/_ _ _ _ ..................... Time: _ _:_ _
Date and time of issuing minutes
: Date: _ _/_ _/_ _ _ _ ..................... Time: _ _:_ _



MINUTES FOR RECEIVING [application for prequalification/ application for qualification/ procurement tender envelope] by TENDER COMMISSION

Line No
NAME/ TITLE OF CANDIDATE/ TENDERER
1

2

3

4

5

6

7

...

...

N

Necessary lines shall be inserted to the table.

   ........ (.............) [Application for prequalification/ application for qualification/ procurement tender envelope] detailed hereinabove has/have reached to our Commission through the contracting entity until the time of commencement of [evaluation on prequalification/ evaluation on qualification/ procurement]. [Application for prequalification/ application for qualification/ procurement tender envelope] stored until the time of [evaluation on prequalification/ evaluation on qualification/ procurement] has/ have been received on _ _ / _ _ / _ _ _ _ at _ _:_ _.




Delivering

Receiving Tender Commission
Contracting Officer

Chairman
Member
Member
Member
Member
Name & Surname

Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position

Position
Position
Position
Position
Position
Signature

Signature
Signature
Signature
Signature
Signature



ANNEXES:
ANNEX-1) ..... [Application for prequalification/ application for qualification/ procurement tender envelope]








MINUTES FOR TIME OF RECEIPT OF [application for prequalification/ application for qualification/ procurement tender envelope] THAT ARE NOT PROCESSED DUE TO DELAY IN MAIL SERVICE


   [Application for prequalification/ application for qualification/ procurement tender envelope] of [name or trade title of candidate/ tenderer] has reached to our contracting entity after the deadline date and time of application indicated in the announcement for [prequalification/ procurement] via mail at the date and time written hereinabove.




Officer Delivering the Mail

Contracting Officer
Name & Surname

Name & Surname
Position

Position
Signature

Signature


[letterhead of contracting entity]
Procurement register number
:
Name of contracting entity
:
Name of work
:
These minutes hereby have been issued on _ _/_ _/_ _ _ _ ..................... at _ _:_ _.






MINUTES OF TENDER COMMISSION CONCERNING THE [application for prequalification/ application for qualification/ tender] ENVELOPES THAT ARE DISQUALIFIED SINCE THEY ARE NOT IN COMPLIANCE WITH THE PROCEDURE

Line No.
NAME/ TITLE OF CANDIDATE/ TENDERER
REASON OF DISQUALIFICATION
1


2


3


4


5


6


7


...


...


n




Since .... (.............) [application for prequalification/ application for qualification/ procurement tender envelope] is/are not in compliance with the provisions set forth in paragraph one of Article 30 of Law #4734, it/ they has/have been disqualified owing to the reasons described hereinabove.




TENDER COMMISSION



Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature

Procurement register number
:
Name of contracting entity
:
Name of work
:
Name of minutes
:
Date and time of filling in the form
: Date: _ _/_ _/_ _ _ _ ..................... Time: _ _:_ _

MINUTES FOR OPENING ENVELOPES AND CHECKING DOCUMENTS5

Name or Trade Title of Candidate/ Tenderer
Document 1
Document 2
Document 3
Document 4
Document 5
Document 6
Document 7
Document 8
...
Document n

Name of document










Candidate/ Tenderer 1










Candidate/ Tenderer 2










Candidate/ Tenderer 3










Candidate/ Tenderer 4










Candidate/ Tenderer 5










.......










Candidate/ Tenderer n











TENDER COMMISSION

Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature
Procurement register number
:
Name of contracting entity
:
Name of work
:
Date and time of filling in the minutes
: Date: _ _/_ _/_ _ _ _ ..................... Time: _ _:_ _



MINUTES FOR REASONS OF DISQUALIFICATION OF THE IMPROPER DOCUMENTS6

CANDIDATE/ TENDERER
DOCUMENT
REASON OF DISQUALIFICATION






























* If more than one certificate of a candidate/ tenderer is disqualified, one line shall be used for each document in the column "DOCUMENT", and the number of lines in the table can be increased as necessary.

TENDER COMMISSION


Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature

Procurement register number1
:

Name of contracting entity
:

Name of procurement
:

Date and time of filling in the form
:
..../...../......... , ..../....

WORK EXPERIENCE CERTIFICATE UPDATING AND EVALUATING FORM7
I
II
III
IV
V
VI
VII
Name, Surname/ Trade Title of Tenderer
Type of Work Experience Certificate 2

Date of Contract
Value of Certificate
Coefficient for Updating
                         (d)
Value of certificate updated
Result
[Qualified/ Disqualified]




Basis TEFE
(b) 3
TEFE on the date of first announcement for procurement (c) 4
Coefficient for updating
(c) / (b) = (d)





(a)



(a) x (d)

...........








...........








n










TENDER COMMISSION


Chairman
Member
Member
Member
Member


Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname


Position
Position
Position
Position
Position


Signature
Signature
Signature
Signature
Signature




* It shall be filled in only for the candidates or tenderers that have insufficient work experience certificate.

1 This shall be obtained from the Public Procurement Authority.

2 Whether the certificate is a work completion/ work status certificate shall be indicated herein.
3 TEFE (Wholesale Price Index) of the previous month published within the month including the date of contract shall be taken as basis.
4 TEFE (Wholesale Price Index) of the previous month published within the month including the date of initial announcement or invitation shall be taken as basis.








Note:
1- In respect of certificates in foreign currency, the value of certificate in foreign currency shall be written in column (IV), and foreign exchange buying rate of the Central Bank on the date of first announcement of procurement or invitation shall be written in column (V), and evaluation shall be made over the amount (column VI) that is found as a result of multiplying the columns (IV) and (V).

Procurement register number
:
Name of contracting entity
:
Name of work
:
Date of filling in the minutes
:



MINUTES FOR EVALUATION OF [prequalification/ qualification]



CANDIDATES THAT APPLY FOR [prequalification/ qualification]



Candidate/ Tenderer 1
Candidate/ Tenderer 2
Candidate/ Tenderer 3
....
....
....
Candidate/ Tenderer n



RESULT OF EVALUATION OF [prequalification/ qualification] of CANDIDATES THAT ARE PROCESSED FOR EVALUATION




Qualified/ Disqualified
Reasons of Disqualification
Candidate/ Tenderer 1


Candidate/ Tenderer 2


Candidate/ Tenderer 3


....


....


....


Candidate/ Tenderer n






TENDER COMMISSION


Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature

Procurement Register Number*
:

Number
:

Subject
:
Notification to the candidates/ tenderers that are not found qualified as a result of evaluation on [prequalification/ qualification]
Date of decision on qualification
:
_ _/_ _/_ _ _ _

This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _ not exceeding the period of three days as from the date of decision on qualification.

[address of candidate/ tenderer]
   Messrs. [name or trade title of candidate/ tenderer],

REF   : Your application for [prequalification/ application] registered on _ _/_ _/_ _ _ _ under line no ......................

   Thank you for participating in the qualification procedure of [the name of work]. We regret notifying you that you have not been found qualified in the evaluation owing to the reason(s) set forth herein below8:

...
...
...
...
...

   Seventh day following the date of mailing this letter shall be the date of notification of decision to you. It is possible for you to make written complaint to our contracting entity as per Articles 54 and 55 of Law #4734 within fifteen days following this date or the date of delivering the notification letter to you personally. A decision with reasons thereof shall be taken by our contracting entity within thirty dates following the date of complaint, and notified to all candidates/ tenderers within seven days. If any decision is not taken within such period or the decision taken is not approved by you, it is possible for you to apply to the Public Procurement Authority for review within fifteen days following date of expiry of the period of taking decision or date of decision.

   It is submitted for your knowledge and necessary action.




Contracting Officer

Name & Signature

Position

Signature


Procurement register number*
:
Number
:
Subject
: Invitation for Procurement
Date of prequalification
: _ _/_ _/_ _ _ _

This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _















[address of candidate]
Messrs.
[name or trade title of candidate],


REF
: Your application for prequalification registered on _ _/_ _/_ _ _ _ under line no .........

   This is to confirm that you have been found qualified as a result of evaluation on prequalification made in relation to [the name of work]. You are hereby kindly requested to submit your tender to be drawn up in compliance with the tender document in order to participate in the procurement to the address indicated in the tender document until _ _/_ _/_ _ _ _9 at _ _:_ _ at the latest.

   It is hereby submitted for your knowledge and necessary action.

The place where the tender document can be reviewed
:
The place where the tender document can be purchased
:
Sale price of tender document
:




Address:
[address of contracting entity]
Contracting Officer

[phone and fax of contracting entity]
Name & Surname

[e-mail of contracting entity (if any)]
Position


Signature


Procurement register number*
:
Number
:
Subject
: Invitation to submit technical tender10
Date of decision on prequalification
: _ _/_ _/_ _ _ _


This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _















[address of tenderer]
Messrs.
[name or trade title of tenderer],


REF
: Your application for qualification registered on _ _/_ _/_ _ _ _ under line no .........

   This is to confirm that you have been found qualified as a result of evaluation on qualification made in relation to [the name of work]. You are hereby kindly requested to submit your technical tender not including the price to be drawn up in compliance with the tender document in order to participate in the procurement to the address indicated in the tender document until _ _/_ _/_ _ _ _ at _ _:_ _ at the latest. The technical tenders to be submitted by you shall be opened in front of the tenderers and participants on _ _/_ _/_ _ _ _ at _ _:_ _, and negotiations shall be made with each tenderer on the technical tenders submitted.

   It is hereby submitted for your knowledge and necessary action.




Address:
[address of contracting entity]
Contracting Officer

[phone and fax of contracting entity]
Name & Surname

[e-mail of contracting entity (if any)]
Position


Signature


Procurement register number*
:
Number
:
Subject
: Invitation to submit tenders


This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _











[address of tenderer]

Messrs.
[name or trade title of tenderer],




   You are hereby kindly requested to submit your tender including the price, which shall be drawn up [on the basis of technical specification with clarified conditions after reviewing on the technical tender submitted by you as a result of the negotiations] in relation to [the name of work] to the address indicated in the tender document until _ _/_ _/_ _ _ _ at _ _:_ _ at the latest. [Technical specification annexed to our letter consists of;
   1) .....................................................................................
   2) .....................................................................................
   3) .....................................................................................
   4) .....................................................................................
   5) ....................................................................................
   ... (Lines shall be inserted to this section as necessary).]1





Address:
[address of contracting entity]
Contracting Officer

[phone and fax of contracting entity]
Name & Surname

[e-mail of contracting entity (if any)]
Position


Signature











_____________________________
* This shall be obtained from the Public Procurement Authority.
1 These expressions shall not be used in the procurements held as per items (b), (c) and (f) of Article 21 of Law #4734.

LETTER OF APPLICATION

Procurement register number:
_ _/_ _/_ _ _ _

[Address of contracting entity]
[Name of work]

TO THE TENDER COMMISSION OF .....................
[city]

1.   We, as authorized to represent and act on behalf of [name of candidate/ tenderer] (hereinafter referred to as "Applicant"), hereby apply for evaluation of qualification in relation to the procurement of [name of work] by reviewing and understanding all requirements for qualification and the related information.
2.   Your contracting entity and authorized representatives are authorized to make all inquiries and investigations in order to verify the notices, documents and information submitted with this application, and may require explanation from our banks and customers in relation to any kind of financial and technical matter. This letter of application shall also serve as a letter of authorization for any member or authorized representative of any organization mentioned in the supporting information in order to get information and to verify the notices and information given or sources, experiences and qualification of the Application if deemed necessary and requested by your contracting entity.
3.   Your contracting entity and authorized representatives can contract with the following people in order to get more information. The initial names and signatures shall be fully authorized to act on behalf of the Applicant.

Contact 1
[address and the units that can be communicated]
Contact 2
[address and the units that can be communicated]

4.   This application is made with full comprehension of the following:
a)   Your contracting entity reserves the right to cancel the qualification procedure and reject all applications.
b)   Your contracting entity shall not be responsible for the actions set forth in Article 4(a) hereinabove.
5.   We, the undersigned, hereby declare that that the commitments and information given in this application are complete, real and true with every detail.

Signature
Signature
Name
Name
Name/ Title of Application (Pilot or Coordinator Partner in Joint Ventures)
Name of Partner (if any)

Signature
Signature
Name
Name
Name of Partner (if any)
Name of Partner (if any)
The notarized letters of authorization and signature circulars of the people, whose signatures are subscribed above, shall be annexed to this letter of application.

LUMP SUM TENDER LETTER

Procurement register number:
_ _/_ _/_ _ _ _


TO THE TENDER COMMISSION OF ....................

[city where the contractıng entıty ıs seated]


Tenderer's

Name, surname/ trade title, nationality
:
Full notification address
:
Associated tax office and tax number
:
Phone and fax number
:
E-mail (if any)
:
      
      This is to verify that we have duly reviewed and read all documents comprising the tender document for [the name of work], which shall be awarded on _ _/_ _/_ _ _ _ by your contracting entity, and accepted all conditions without any distinction and limitation. We hereby kindly request you to accept our tender including the following matters in relation to the procurement.
   1- All costs that are stipulated to be included in the tender price in the administrative specification in relation to the fulfillment of the commitment are included in our tender.
   2- Our tender shall be valid for ........... [in figures and words] calendar days as from the date of procurement11.
   3- We hereby declare that we have not submitted more than one tender directly or indirectly and personally or by proxy for us or on behalf of others for the work, which is the subject matter of procurement, as per Article 17/d of Law #4734.2
   4- We agree that you do not have to select any tender or the lowest tender, which you receive.
5- In respect of other works that will be carried out/ caused to be carried out by your contracting entity in relation to the work, which is the subject matter of procurement, we hereby warrant that we shall not enter into any action and formation on contrary to the interests of your contracting entity.
   6- We are acting as [domestic/ foreign] tenderer according to the definition of "domestic tenderer" as per Article 4 of Law #4734.
   7- We hereby declare that all items included in our tender [are/are not] domestic goods within the framework of principles established by the Public Procurement Authority as per Article 63 of Public Procurement Law #4734.3
   8- We hereby agree and commit to carry out the [whole/ part of] work, which is the subject matter of procurement against [the total amount proposed shall be written in figures and words] exclusive of VAT.
   Sincerely,
Name, surname124- Stamp of Company
Revenue Stamp- Signature

UNIT COST TENDER LETTER
Procurement register number13:
_ _/_ _/_ _ _ _

TO THE TENDER COMMISSION OF ...........................

[CIty where the contractıng entıty ıs seated]
Tenderer's

Name, surname/ trade title, nationality
:
Full notification address
:
Associated tax office and tax number
:
Phone and fax number
:
E-mail (if any)
:
      This is to verify that we have duly reviewed and read all documents comprising the tender document for [the name of work], which shall be awarded on _ _/_ _/_ _ _ _ by your contracting entity, and accepted all conditions without any distinction and limitation. We hereby kindly request you to accept our tender including the following matters in relation to [the name of work].
   1- All costs that are stipulated to be included in the tender cost in the administrative specification in relation to the fulfillment of the commitment are included in our tender.
   2- Our tender shall be valid for ........... [in figures and words] calendar days as from the date of procurement14.
   3- We hereby declare that we have not submitted more than one tender directly or indirectly and personally or by proxy for us or on behalf of others for the work, which is the subject matter of procurement, as per Article 17/d of Law #4734. 2
   4- We agree that you do not have to select any tender or the lowest tender, which you receive.
5- In respect of other works that will be carried out/ caused to be carried out by your contracting entity in relation to the work, which is the subject matter of procurement, we hereby warrant that we shall not enter into any action and formation on contrary to the interests of your contracting entity.
   6- We are acting as [domestic/ foreign] tenderer according to the definition of "domestic tenderer" as per Article 4 of Law #4734.
   7- We hereby declare that [all items/ .............. items] included in our tender [are/are not] domestic goods within the framework of principles established by the Public Procurement Authority as per Article 63 of Public Procurement Law #4734.3
   8- We hereby agree and commit to carry out the [whole/ the items included in the tender schedule/ part of] work, which is the subject matter of procurement, against [the total amount proposed shall be written in figures and words] exclusive of VAT over the unit costs proposed by us for each item set forth in the unit cost tender schedule enclosed to our tender letter4.
   Sincerely,
Name, Surname5- Stamp of Company
Revenue Stamp- Signature

UNIT COST TENDER SCHEDULE
Procurement Register Number:
A1
B2
Line No
Name and Brief Description of Item
Unit
Quantity
Unit Cost Proposed
Amount
































































































































































































TOTAL AMOUNT (Excl. V.A.T.)

* Lines shall be inserted to the table as necessary.




Name & Surname 1- Stamp of Company
Signature


Procurement register number*
:
Name of contracting entity
:
Name of work
:
Date of filling in the form
: Date: _ _/_ _/_ _ _ _ Time: _ _:_ _

PRICES PROPOSED BY TENDERERS

Amount of Tender15 (item(s) to be procured)

In Figures
In Words
Tenderer 1


Tenderer 2


Tenderer 3


Tenderer 4


Tenderer 5


Tenderer 6


Tenderer 7


....


Tenderer n


................. tenderer(s) has/have participated in the procurement and the prices proposed by him/them are indicated hereinabove and have been disclosed to the participants.

TENDER COMMISSION
Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature
Procurement register number*
:
Name of contracting entity
:
Name of work
:
Date of filling in the form
: Date: _ _/_ _/_ _ _ _ Time: _ _:_ _


SCHEDULE OF TENDER AMOUNT TAKEN AS BASIS FOR EVALUATION [group/ item of goods subject to partial tender]1

Name of Tenderer
Tender Amount
Tender Amount Evaluated In View of Criteria Other Than Price3
Tender amount that is found by applying price advantage in favor of domestic tenderers that propose domestic goods4

In Figures
In Words
In Figures
In Words
In Figures
In Words
Tenderer 1






Tenderer 2






Tenderer 3






.....






Tenderer n






The tenders of ............... tenderers have been taken into consideration and the amount of tender evaluated for using in determination of the economically most advantageous tender are indicated hereinabove.


TENDER COMMISSION
Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature
______________________________________________
1    This form shall be issued separately for each portion in the procurements that are open to partial tenders.
2    In the procurements that are open to the alternative tenders, the alternative lines shall be indicated on separate lines.
3    In the procurements where economically most advantageous tender is determined in view of the criteria other than price, the documents where the calculations are made in relation to the evaluation of tenders of the tenderers within the framework of provisions set forth in the administrative specification by the contracting entities shall be enclosed to this standard form. This column shall not be inserted in the procurements where the economically most advantageous tender is determined on the basis of the lowest price.
4    In the procurements with an estimated cost over the threshold value, if there is a provision for application of price advantage in favor of domestic tenderers that propose domestic goods in the administrative specification, the documents where the calculations are made in relation to the evaluation of tenders within the framework of provisions set forth in the administrative specification shall be enclosed to this Standard Form. This column shall not be included in the procurements where price advantage is not applied in favor of domestic tenderers that propose domestic goods.
*    This shall be obtained from the Public Procurement Authority.
Standard Form  KIK020.1/M
Minutes for Evaluation of Prices Proposed in Open, Restricted and Negotiated Tender Procedures with Criteria Other Than Price and/or
With Application of Price Advantage In Favor Of Domestic Tenderers That Propose Domestic Goods

RESOLUTION OF TENDER COMMISSION16

Procurement register number*
:
Name of contracting entity
:
Name of work
:
Date and time of procurement
: Date: _ _/_ _/_ _ _ _ , Time: _ _:_ _
Procurement procedure
:
Total number of tenders
:
Number of valid tenders
:

Economically most advantageous tender

a) name/ trade title of tenderer
:
b) amount


Economically most advantageous second tender

a) name/ trade title of tenderer
:
b) amount
:

Date and time of issuance of these minutes

: Date: _ _/_ _/_ _ _ _ , Time: _ _:_ _

Amounts Proposed by Tenderers
Name/ Trade Title of Tenderer
Amount Proposed
Tenderer 1

Tenderer 2

Tenderer 3

............

Tenderer n


[the proceedings conducted since the beginning of the activities of the tender commission and the reasons of taking such a resolution as well as the detailed explanation shall be given in this section]


TENDER COMMISSION

Chairman
Member
Member
Member
Member
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Name & Surname
Position
Position
Position
Position
Position
Signature
Signature
Signature
Signature
Signature

Annex: Letter of confirmation evidencing that the tenderer awarded is not banned from participating in procurements.

[Letterhead of contracting officer]

Procurement register number*
:
Number
:
Subject
: Final procurement resolution
Date of procurement resolution
: _ _/_ _/_ _ _ _
Date of approval of procurement resolution
: _ _/_ _/_ _ _ _



This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _

















[address of tenderer]

Messrs.
[name or trade title of tenderer],



   REF
: Your tender registered on _ _/_ _/_ _ _ _ under line no. ...............


The contract for [the name of work] is awarded to [name or trade title of the tenderer that is awarded the contract]. Economically most advantageous second tenderer is [name or trade title of the economically most advantageous second tenderer].   

[if this letter is sent to the tenderer whose tender is not evaluated or not found appropriate, the reasons of not evaluating or not finding appropriate the tender shall be written herein briefly]



If this letter is notified personally, it shall be deemed notified on the same day, and sent via mail service, it shall be deemed notified on the seventh (7th) day following the date of giving to the mail service. If the tenderers whose tenders are not taken into consideration or not found appropriate make written request within five (5) days following the date of notification, the reasons of not taking into consideration or not finding appropriate the tenders shall be indicated in detail. I hereby kindly request you to be informed as per Article 41 of Public Procurement Law #4734.

Contracting Officer

Name & Surname

Position

Signature
[letterhead of contracting entity]

Procurement register number*
:
Number
:
Subject
: Procurement resolution cancelled
Date of cancellation of procurement
: _ _/_ _/_ _ _ _
Date of cancellation of procurement resolution
: _ _/_ _/_ _ _ _


This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _

















[address of tenderer]

Messrs.
[name or trade title of tenderer],



                REF
: Your tender registered on _ _/_ _/_ _ _ _ under line no. ...............


   The procurement concerning [the name of work] has been cancelled [owing to/on grounds of] [the reason of canceling the procurement shall be written herein briefly].

If this letter is notified personally, it shall be deemed notified on the same day, and sent via mail service, it shall be deemed notified on the seventh (7th) day following the date of giving to the mail service. If you make written request within five (5) days following the date of notification, the reasons of cancellation of the procurement resolution shall be indicated in more detail. I hereby kindly request you to be informed as per Article 41 of Public Procurement Law #4734.



Contracting Officer

Name & Surname

Position

Signature




   
Number
:
Subject
: Cancellation of procurement owing to the rejection of all tenders   
Date of procurement
: _ _/_ _/_ _ _ _
Date of cancellation of procurement

: _ _/_ _/_ _ _ _


This letter has been sent to you via registered & prepaid mail on _ _/_ _/_ _ _ _.

















[address of tenderer]

Messrs.
[name of tenderer],



                REF
: Your tender registered on _ _/_ _/_ _ _ _ under line no. ...............


Pursuant to the resolution of tender commission, all tenders concerning [the name of work] have been rejected and the procurement has been cancelled. The seventh (7th) day following the date of giving this letter to the mail service shall be deemed as the date of notification of resolution to you. If you make a written request within five days as from this date, the reasons of cancellation of procurement resolution shall be notified by our contracting entity.
It is hereby submitted for your knowledge.









Contracting Officer

Name & Surname

Position

Signature

[letterhead of contracting entity]
Procurement register number*
:
Number
:
Subject
: Invitation to conclude the contract
Date of approval of procurement resolution
: _ _/_ _/_ _ _ _


This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _















[address of tenderer]

Messrs.
[name or trade title of tenderer],


           REF
: Your tender registered on _ _/_ _/_ _ _ _ under line no. ...............





   The contract of [the name of work] has been awarded to you. You are kindly requested hereby to submit the documents evidencing that you are not in the cases set forth in items (a), (b), (c), (d), (e) and (g) of the last paragraph of Article 10 of Law #4734 as well as the performance bond at 6% of the procurement amount and complete the other necessary proceedings and conclude the contract of the work, which is the subject matter of procurement. The seventh (7th) day following the date of giving this letter to the mail service shall be deemed as the date of notification to you17.

   It is submitted hereby for your knowledge and necessary action.





Contracting Officer

Name & Surname

Position

Signature

[letterhead of contracting entity]
Procurement register number*
:
Number
:
Subject
: Invitation to conclude the contract
Date of approval of procurement resolution
: _ _/_ _/_ _ _ _


This letter has been [delivered to you personally/ sent via registered & prepaid mail] on _ _/_ _/_ _ _ _















[address of tenderer]

Messrs.
[name or trade title of tenderer],


           REF
: Your tender registered on _ _/_ _/_ _ _ _ under line no. ...............





   The contract of [the name of work] has been awarded to you. You are kindly requested hereby to complete the necessary proceedings and sign the contract concerning the work to be procured until _ _/_ _/ _ _ _ _ at the latest. If the goods are delivered at the specified time, it is not compulsory to furnish performance bond and conclude the contract.1

   It is submitted hereby for your knowledge and necessary action.





Contracting Officer

Name & Surname

Position

Signature










______________________
* This shall be obtained from the Public Procurement Authority.
1 If there is a provision in the tender document that the contract shall not be concluded and the performance bond shall not be furnished if the goods are delivered within the duration of the contract in the procurements held as per item (f) of Article 21 of Law #4734, this provision shall not be included in this form.

Standard Form  KIK024.1/M
Form of Invitation of Tenderer Awarded to Conclude the Contract
In The Procurements That Are Held As Per Item (f) of Article 21 of Law #4734






ANNOUNCEMENT FOR PROCUREMENT RESULT18
[name of contracting entity]

Procurement register number*
:
1)   Work to be procured

a)   Name
:
b)   Nature, type and quantity
:
c)   Location
:
d)   Date of commencement and
   completion
:


2)   Contract amount

a)   Resource
:
b)   Amount of resource
:


Totally ........ tenders have been submitted for the procurement of [name of work] and ......... of these tenders have been deemed valid. The said procurement of goods has been awarded to [name of contractor/ trade title of contractor] against the amount of ........................... on _ _/_ _/_ _ _ _ through the [open tender procedure/ restricted tender procedure/ negotiated tender procedure]. It is hereby kindly publicized.


TO THE TENDER COMMISSION OF ..................................
                  [city where the contracting entity is seated]



Procurement register number*:

1) This is to certify that [I/we am/are] taking part in [the name of work] as a/an [tenderer/ applicant]. As of the date of this letter of commitment, [I/we] hereby declare that [I am / we are / not] in the circumstances set forth in items (a), (b), (c), (d), (e), (g) and (i) of the last paragraph of Article 10 of Law No. 4734. If any change occurs in this case, [I/we] undertake to notify the same to the Contracting Entity promptly.

2) If [I/we] am/are awarded the contract, [I/we] hereby agree and represent to submit the certificates evidencing that [I/we am/are not] in the circumstances set forth in items (a), (b), (c), (d), (e) and (g) of the last paragraph of Article 10 of Law No. 4734 before concluding the contract.

3) Otherwise, [I/we] hereby agree that the Bid Bond shall be registered as revenue and the penalty stipulated under Article 58 of the Law shall be applied for [me / us].


-- / -- / ----
Name, Surname1
Stamp of Company
Revenue Stamp – Signature




















_______________________________
* The procurement register number shall be entered by the contracting entity before this Standard Form is attached to the tender document.
1 This section must be signed by the tenderer or the person authorized to submit tender. In the case of joint ventures (joint venture or consortium), this letter of commitment shall be submitted by each partner separately.




Standard Form- KIK027.0/M
Letter of Commitment Evidencing That Tenderers Are Not Those That Will Be Disqualified From the Procurement and Those That Will Not Be Able To Participate In The Procurement During Submittal of Tenders In Open, Restricted and Negotiated Tender Procedures


TO THE TENDER COMMISSION OF ..................................
                  [city where the contracting entity is seated]



Procurement register number*:

1) This is to certify that [I/we am/are] taking part in [the name of work] as a/an [tenderer/ applicant]. As of the date of this letter of commitment, [I/we] hereby declare that [I am / we are / not] in the circumstances set forth in items (a), (b), (c), (d), (e), (g) and (i) of the last paragraph of Article 10 of Law No. 4734. If any change occurs in this case, [I/we] undertake to notify the same to the Contracting Entity promptly.

2) If [I/we] am/are awarded the contract, [I/we] hereby agree and represent to submit the certificates evidencing that [I/we am/are not] in the circumstances set forth in items (a), (b), (c), (d), (e) and (g) of the last paragraph of Article 10 of Law No. 4734 before concluding the contract.

3) Otherwise, [I/we] hereby agree that the Bid Bond shall be registered as revenue and the penalty stipulated under Article 58 of the Law shall be applied for [me / us].


-- / -- / ----
Name, Surname1
Stamp of Company
Revenue Stamp – Signature




















_______________________________
* The procurement register number shall be entered by the contracting entity before this Standard Form is attached to the tender document.
1 This section must be signed by the applicant or the person authorized to make application. In the case of joint ventures (joint venture or consortium), this letter of commitment shall be submitted by each partner separately.




Standard Form- KIK027.1/M
Letter of Commitment Evidencing That Applicants Are Not Those That Will Be Disqualified From the Procurement and Those That Will Not Be Able To Participate In The Procurement During The Qualification Stage In Open, Restricted and Negotiated Tender Procedures


TO THE TENDER COMMISSION OF ..................................
                  [city where the contracting entity is seated]



Procurement register number*:

We hereby agree and warrant that [certificate of work completion/ work status/ work supervision/ work management] submitted by ............................. [the candidates/ tenderers] within the scope of [tender/ application] in relation to ................... [work], the procurement of which shall be held on ..../..../200... belongs to ..................... in respect of the shareholders holding more than half of the shares at this [candidate/ tenderer];

and that the said percentage of share shall be maintained during the period of performance bond (until final acceptance) and all work experience certificates issued in the name of the holder of certificate shall only be made available to this tenderer only as long as this percentage of share is maintained in the said [candidate/ tenderer], and that it shall not be made available to the other corporate bodies in order to enable them to participate in procurements.



-- / -- / ----
Name, Surname/ Trade Title1
Stamp of Company
Revenue Stamp – Signature









Note: The letter of commitment shall be notarized.





_______________________________
* The procurement register number shall be entered by the contracting entity before this Standard Form is attached to the tender document.
1 The person that makes available the work experience certificate to the candidate or tenderer that holds more than half of the shares and the person that uses the work experience certificate in order to be able to participate in the procurement shall sign here separately as per Article 35 of Regulation on Implementation of Goods Procurements.






Standard Form – KIK027.2/M
Letter of Commitment Stating That Work Experience Certificate
Shall Not Be Made Available To Another Corporate Body


TO THE TENDER COMMISSION OF ..................................
                  [city where the contracting entity is seated]



Procurement register number*:

[I/ we] hereby declare that [I/ we] am/are partner to the personal companies and hold more than half of the capital of the capital companies, the names/ trade titles and other particulars of which are written below. [I/ we] hereby agree and represent to notify any change in this situation.

There is not any partnership and share that is required to be declared. [I/ we] hereby agree and represent to notify any change in this situation.1

DECLARATION OF PARTNERSHIP / SHARE
Name/ Trade Title

Partnership/ Percentage of Share

Tax Identification Number

Chamber of Commerce/ Industry/ Craftsmen

Commerce / Craftsmen Register Number

Address

Postal Code

Province / District

Tel – Fax

E-mail

Web Site




-- / -- / ----
Name, Surname2
Stamp of Company
Signature











_______________________________
* The procurement register number shall be entered by the contracting entity before this Standard Form is attached to the tender document.
1 Only this section shall be written if there is not any partnership and/or share to be declared.
2 This must be signed by the tenderer or the person authorized to submit tender. In the case of joint ventures (joint venture or consortium), the declaration shall be submitted by each partner separately.


Standard Form – KIK027.3/M
Declaration To Be Given By Those That Will Participate In Procurement
For Their Partnerships and/or Shares In Corporate Bodies
JOINT VENTURE DECLARATION


Procurement register number*:

We have entered into a private joint venture in order to submit joint tender to [the name of work] tendered by [the name of contracting entity] and perform and prosecute the work after concluding the contract if we are awarded the contract. If we are awarded the contract, the joint venture agreement shall be notarized and submitted to the Contracting Entity before the contract is concluded. Pilot partner of our joint venture shall be [name of the pilot partner] until the completion of work.

If we are awarded the contract as a result of the joint tender that we submit, we hereby declare, accept and guarantee that the contract shall be signed by all partners and our partner indicated as the pilot partner shall have the full power to act for and on behalf of our joint venture in respect of all issues concerning the contract, and that each of us shall be jointly and successively liable for performing the works and commitments within the subject and scope of the contract that will be concluded as well as fulfilling the obligations arising from the contract and undertaken by our joint venture, and that we shall not leave the private joint venture that we have established, otherwise, [the name of contracting entity] shall be authorized to terminate the contract and register the performance bond as revenue, and that all communications and notifications to the pilot company shall be deemed to be made to our joint venture, the pilot partner and the remaining partners of the joint venture shall undertake all obligations and