Procedures and principles have been published for activities within the scope of Health Industry Cooperation Programs ("HICP") in Turkey. These apply to HICPs involving innovation, indigenization and/or technology transfers in overseas purchase of goods and services, which are in the health care services sector and where the main supply contracts amount to more than US $10 million in one single project. The Communiqué on Implementations Regarding Industrial Cooperation Programs in the Health Care Services Field was published in Official Gazette number 29568 on 20 December 2015 ("Communiqué"), entering into force on the same date.

The Communiqué defines Health Industry Cooperation Programs as any operation involving overseas supply of goods and services in the health care services sector. Supply must be undertaken with the intention of enabling Turkish companies to increase their competitiveness through exports, as well as provide opportunities for technological cooperation and transfer, investment, technology gains, maintenance and repair, as well as research and development.

The Department of Investment Models ("Department") within the Ministry of Health will be responsible for ensuring the conduct of HICP operations with respect to purchase of goods and services, as well as preparing lists of required goods and services. The unit of the Ministry of Health which requires the goods or services to be purchased ("Requiring Unit") and related units will work to allocate funds for a given HICP, in coordination with the Department.

Requiring Units must send lists of required goods/services to the Health Investments General Directorate (within the Ministry of Health) by the end of January each year. These lists should be prepared every year and include at least five years' requirement plans for purchase of goods and services amounting to at least US $10 million.

The Health Industry Development Commission will evaluate requirement lists by the end of March each year. The Requiring Unit and Department will prepare an investment project offer for the intended purchases, including HCIP pre-information and a detailed feasibility report. The Requiring Unit submits the project offer to the Health Industry Development Commission. Projects for which funds are already allocated will be deemed approved for tender process upon approval by the Health Industry Development Commission.

The Communiqué also outlines details for the tender process to be conducted after projects have begun.

Please see this link for the full text of the Communiqué (only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.

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