The Regulation on Procedures and Principles Regarding
Obligations of Air Carriers was published in Official Gazette
number 29525 on 7 November 2015
("Regulation"), entering into effect on
the same date. The Regulation outlines principles and procedures to
encourage systematic migration, deal with unaccepted passengers, as
well as prevent irregular migration.
The Regulation requires air carriers to take relative
precautions to prevent transporting unaccepted passengers (Article
5). Unaccepted passengers are deemed to be people who are not
allowed to enter the destination country or pass transit due to not
meeting relevant legislative conditions.
The Regulation imposes obligations on carriers which transport
passengers who pass through Turkish airports, destined for a third
country, but are turned away (back to Turkey) by their destination
country (Article 5). In these circumstances:
Operations regarding the
passenger's arrival into the third country must be completed
within three days.
The carrier must cover nutrition,
housing and health expenses until the passenger arrives at the
If the passenger is not accepted by
the destination country and being sent back to Turkey, the carrier
must cover expenses related to deporting the passenger from
The airport's local authority
must assist the passenger's transfer if the carrier proves that
it (or any other carrier) does not have any flight to the
destination country, or there is a delay, weather condition,
cancellation, or the destination country's airports are closed
for any reason.
The Regulation outlines obligations for maintaining safety of
unaccepted passengers (Article 6):
The airport local authority must
maintain safety of unaccepted passengers.
The airport operator must maintain
proper housing for unaccepted passengers.
Housing facilities must be designed
according to passengers' humane and basic needs.
The carrier must protect
passengers' luggage and allow access to their belongings.
The Migration Administration General Directorate
("Directorate") can request API and PNR
information from carriers in order to prevent irregular migration.
The Directorate determines the scope of information which can be
requested. Use of information collected outside this scope is
prohibited unless it relates to a situation regarding public order
or homeland security. The Directorate decides which foreign
countries information will be shared with, taking into account
opinions of other relevant institutions (Article 9).
Please see this link for the full text of the Regulation (only
available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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