The Ministry of Customs and Commerce ("the Ministry") has prepared the Communiqué according to Article 11 of the Regulation about the Organization of e-Commerce and the e-Commerce Service Provider and Art. 16 of the intermediary service providers published on 26/8/2015 in the 29457 numbered Official Gazette, for agreements about the sale of goods and services or for orders of service & intermediary service providers. The Communiqué defines the further requirements to be provided both for natural and legal persons, in details, to register for e-commerce and relevant information covered by this text. The Communiqué was published in the official gazette and entered into force on August 11, 2017.
The Communiqué provides that before performing to conduct economic activities, the registration over the Commerce electronic data system ("ETBİS") is required for (i) service providers operating in their own e-commerce environment; (ii) intermediary service providers and (iii) providers resident and conducting e-Commerce activities within Turkey together with providers resident outside of Turkey contracting or ordering through an intermediary service provider.
Natural and legal corporate persons will sign into ETBIS with their MERSIS number and tax identification number, as for merchants and craftsman with their Turkish identification number and tax identification number and moreover regardless of being Commercesman or a merchant, persons performing or conducting activities via e-commerce or intermediation through a mobile application orentering the field name.
To ELBIS registered service and intermediary service providers must notify within 30 days from the date of registration to ELBIS the following matters by default, if the Ministry has not asked for additional information:
- A sufficiently registered e-mail address for the Communiqué,
- E-commerce type,
- Economic activities outside of e-commerce,
- Types of goods and services provided within e-commerce,
- Patterns of payment provided within e-commerce,
- Second hand goods, whether these goods are offered on the market, and if so which types have been put on the market within e-commerce,
- Information regarding services of banks showing activity according to the Banking Law No. 5411 passed on 9/10/2005 and receiving services from payment and electronic money institutions according to Law No 6493 on payment and security settlement systems, payment services and electronic money institutions
- Information from other institutions than those mentioned above, such as institutions providing services and where the previously mentioned institutions are not providing intermediary payment methods
- Information regarding services received from cargo and logistics operators receiving M type authorization certificates according to the road transport regulation published on 11/6/2009 in the official gazette 27255,
- Information on providers of e-commerce infrastructure services,
- Information from country and address databases where personal data and customer information are kept
In addition to the first paragraph, the service providers operating in their own e-commerce environment shall provide information for the manufacturing places, warehouse addresses and names of the intermediary service providers engaged in cross-border e-commerce activities.
Notice regarding the annual volume of Commerce on the basis of the country and payment methods used in cross-border e-commerce transactions within the e-commerce environment shall be given by the end of March of each year.
The aforementioned notice will be declared by natural persons them self or their authorized representatives and in the case of legal persons by their authorized representatives through e-Government infrastructureto ETBIS. TO ETBIS registered service and intermediary service providers and information deemed to be necessary shall be announced on the Ministry's website or on www.eticaret.gov.tr which will be built and published by the Ministry.
According to Art. 1 of the Communiqué, service and intermediary service providers, who are actives from the 01/12/2017 onwards, shall fulfil their obligations stated in the Communiqué within thirty days from the date stated above.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.