Turkey's Ministry of Energy and Natural Resources has
announced principles and procedures for establishing the Authorized
Legal Entities ("ALE") which prepare reports, projects
and any kind of technical document submitted to the General
Directorate of Mining Affairs ("General Directorate")
within the scope of Mining Law numbered 3213. The requirements also
address ongoing audit and compliance obligations for such
The Regulation on Authorized Legal Entities
("Regulation") was published in Official Gazette numbered
29731 on 3 June 2016, entering into effect on the same date.
The Regulation defines ALEs as legal entities which are a mining
license holder or have an enterprise and are any of the
Authorized to prepare any report, project and all kinds of
technical document required to be submitted to the General
Have majority shares held by engineers; or
Employ engineers having qualities determined under the
A competence certificate is required from the General
Directorate to establish an ALE. Competence certificates are valid
for five years and ALEs must apply to renew such certificates at
least two months before their expiry date.
ALEs intending to obtain a competence certificate must
permanently employ at least five people:
Mining engineer, with at least five years' experience.
Mining engineer, regardless of experience.
Geological engineer, with at least five years'
Geological engineer, regardless of experience.
One of the following:
Mineral processing engineer.
An ALE's employee cannot also be employed by another ALE, or
execute a contact with another ALE.
Technical documents drafted by ALEs must meet the following
Prospecting reports and all kinds of technical prospecting
documents must be prepared under supervision of a geological
If prospecting is made via geophysics, prospecting reports must
also be signed by a geophysics engineer.
Operating reports and projects must be prepared under
supervision of a mining engineer.
If operating reports and projects include matters related to
other disciplines, engineers for such disciplines must also sign
The coordinator must sign all documents which are required to
be submitted to the General Directorate.
ALEs must inform the General Directorate within a month about
any changes in employees who were indicated when applying for the
competence certificate. ALEs must also inform the General
Directorate within 10 days about employment terminations for any
If an ALE's majority shares are held by non-engineers, such
inconsistency must be eliminated within three months from the date
ALEs must execute a contract with license holders before
providing services. The General Directorate must be informed within
a month regarding execution and termination of such contracts. All
documents submitted to General Directorate without executing a
contract will be deemed invalid.
It is not possible to execute a contract with more than one ALE
in the same license field. However, if different exploiters operate
and/or prospect within the same license field, then it is possible
to execute contract with different ALEs.
Please see this link for the Regulation (only
available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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