Answer ... The Republic of Türkiye (which changed its official name from the Republic of Turkey on 26 May 2022 in a request submitted to the United Nations secretary general) is signatory to a number of international trade agreements and has been a member of the World Trade Organization since 1995.

Türkiye, as a party to the General Agreement on Tariffs and Trade (GATT), conducts free trade agreements (FTAs) in line with Article XXIV of GATT 1947. Türkiye has concluded FTAs with 38 countries; however, 11 were repealed upon the accession of the relevant countries to the European Union. The remaining 22 FTAs in force are with:

• the European Free Trade Association;
• Israel;
• Macedonia;
• Bosnia-Herzegovina;
• Palestine;
• Tunisia;
• Morocco;
• Egypt;
• Albania;
• Georgia;
• Montenegro;
• Serbia;
• Chile;
• Mauritius;
• South Korea;
• Malaysia;
• Moldova;
• Faroe Islands;
• Singapore;
• the United Kingdom;
• Venezuela; and
• Kosovo.

FTAs signed with Ukraine, Lebanon, Sudan and Qatar are undergoing ratification. An FTA with Syria was suspended in 2011 and an FTA with Jordan was terminated in 2018. In addition, a memorandum of understanding was signed between Türkiye and the Secretariat of African Continental Free Trade Area in order to boost the economic relationship, trade and investments between the two jurisdictions. The United Arab Emirates and Türkiye are also aiming to finalise an FTA before the end of 2022.

Türkiye has concluded bilateral investment treaties with:

Answer ... The Ministry of Trade is in charge of applying for, coordinating and establishing trade agreements in order to facilitate Türkiye’s long-term economic development. The Ministry of Finance also negotiates agreements to prevent international double taxation in line with Organisation for Economic Co-operation and Development recommendations.

FTA negotiations between the United Kingdom and Türkiye started in May 2019 and the FTA came into force on 1 January 2021.

That said, the process can take much longer. For instance, Türkiye has been negotiating an FTA with Russia since 2014; and its FTA with Ukraine was signed after 15 years of negotiations.

Answer ... Türkiye has ratified the Vienna Convention of the Law of Treaties. Accordingly, a treaty or a part of a treaty is applied provisionally pending its entry into force if:

• the treaty itself so provides; or
• the negotiating states have in some other manner so agreed.

Interim provisions may apply while new trade agreements are under negotiation.

Answer ... The scope of the customs legislation includes:

• laws;
• regulations;
• customs general communiqués;
• circulars;
• the Customs Tariff Schedule;
• presidential decrees (old cabinet decrees);
• international agreements; and
• foreign trade legislation.

The customs regime includes the following laws, among others:

• the Customs Law (4458);
• the Fees Law (492);
• the Free Zones Law (3218);
• the Law on the Prevention of Unfair Competition in Imports (3577);
• the Special Consumption Tax Law (4760);
• the Stamp Duty Law (4888);
• the Cosmetic Law (5324);
• the Misdemeanours Law (5326); and
• the Anti-smuggling Law (5607).

In addition, the customs regime includes the following regulations, among others:

• the Customs Regulation;
• the Regulation on Surveillance and Safeguard Measures for the Import of Certain Textile Products;
• the Regulation on Principles Regarding Domestic and Foreign Trade of Alcohol and Alcoholic Beverages;
• the Technical Regulations and Standardisation Regulation in Foreign Trade;
• the Regulation on Procedures and Principles Regarding the Opening and Operation of Customs Warehouses;
• the Import Regulation;
• the Regulation on the Implementation of Surveillance in Imports;
• the Regulation on the Prevention of Unfair Competition in Imports;
• the Regulation on Safeguards in Imports;
• the Regulation on Import Quota and Tariff Quota Administration;
• the Common Transit Regulation; and
• the Free Zones Implementation Regulation.

Answer ... The customs offices, under the authority of the Ministry of Trade, are the primary bodies in charge of enforcing the customs regulations.

Customs offices have the authority to examine, inspect, analyse and report on imported goods that are subject to taxation under the Ministry of Trade’s regulations.

According to Article 3 of the Anti-Smuggling Law, customs offices can issue administrative fines after an investigation for false or fraudulent imports. According to Articles 234 and 238 of the Customs Law, customs offices can impose administrative pecuniary fines if an importer attempts to evade taxes.

Answer ... Stages: Türkiye’s customs procedures can be broken down into four critical stages:

• The first stage involves submitting a thorough declaration and placing the goods under Customs’ supervision.
• The second stage involves a statement verification and, if necessary, a goods inspection.
• The third stage involves a customs valuation, an estimation of the amount of taxes owed and the payment of taxes and other fees in accordance with the laws and regulations governing customs tariffs.
• The fourth stage involves receipt of the final declaration and retrieval of the goods.

Specific customs offices: Türkiye uses ‘specific customs practices’ to make import procedures more effective, efficient and specialised in conducting controls and determining valuations of customs tariffs and charges. This involves only allowing certain types of imports through specialist customs offices with personnel who are knowledgeable about the import laws that apply to particular commodities (eg, for furniture, the Ankara, Antalya, G Antep Airport, Aksaray, Bolu, Sakarya, Gemlik and Yalova customs offices are specialised and customs transactions will be carried out by them).

Other government authorities: Other significant governmental organisations, in addition to the Ministry of Trade, are involved in the importation process, particularly with regard to the control certificates or import approvals for importation into Türkiye. These include:

• the Ministry of Science, Industry and Technology;
• the Ministry of Environment and Urbanisation;
• the Ministry of Economy;
• the Ministry of Agriculture and Forestry;
• the Ministry of Health;
• the Ministry of Transport and Infrastructure;
• the Ministry of Defence, Interior Affairs;
• the Energy, Nuclear and Mineral Research Agency;
• the Standardisation Institution;
• the Energy Market Regulatory Authority; and
• the Tobacco and Alcohol Market Regulatory Authority.

Document flow: The owner of the goods, or a designated and authorised representative, can start the process of assigning the commodities to one of the customs regimes/treatments/uses. The representative could be a customs agent. The declarant submits the declaration and any supporting documentation during the first stage using the BILGE programme (eg, bill of lading, original invoice, certificate of conformity, packaging list, authorisation letter, certificates of origin to access to preferential tariffs). According to customs legislation, it is possible to conduct customs declaration electronically via BILGE programme. BILGE (Computerized Customs Activities) is the name of the software and system developed and used for the purpose of conducting customs procedures in computer environment. The operator will apply to the related institution for permissions, documents and approvals via single window system. A customs officer then checks the declaration for accuracy and legitimacy once the submission procedure is complete.

Inspection is the next stage, during which a risk analysis is conducted to allocate the items to a specific clearance channel. A notification will be given to the declarant together with the outstanding customs charges and fees in the fourth stage of the process if the inspection is successful. The customs office will provide a customs office receipt and a final customs import declaration after receiving the money, signifying that the procedure is finished. The declarant should concurrently register the carrier that will pick up the cargo from customs.

Timing: According to recent studies, the average timeframes of these procedures are as follows:

• Imports:
• • Border compliance: Seven hours; and
  • Documentary compliance: Two hours.
• Exports:
• • Border compliance: 10 hours; and
  • Documentary compliance: Four hours.

During each stage, Turkish Customs will closely scrutinise the process and apply the customs regulations very strictly.

Answer ... Customs import tariffs include the following:

• the Turkish Customs Tariff Schedule, which is adopted by the president of Türkiye at the end of each year and published in the Official Gazette;
• other schedules which are based on the Customs Tariff Schedule or which add sub-expansions to this schedule and which are determined for the application of tariff measures relating to trade of goods;
• the customs duty rates to be applied to the goods shown in the Turkish customs tariff;
• import duties levied within the framework of agricultural policy or special regulations applied to certain products obtained as a result of the processing of agricultural products;
• preferential tariff applications;
• conditional exemption and exception applications applied to the import of certain goods; and
• other tariff applications.

The Customs Tariff Schedule is based on the Harmonized System Nomenclature, as shown in the annex to the Law on Customs Tariff Nomenclature (474). The Customs Tariff Schedule consists of 21 sections and 99 chapters. The tariff schedule, which is based on the Harmonized System Nomenclature, consists of four columns. The first column contains a 12-digit code:

• The first six digits of this 12-digit code are the Harmonized System Nomenclature Code;
• The seventh and eighth digits are the Combined Nomenclature Code of the European Union;
• The ninth and tenth digits are the National Sub-Definition Code due to Turkish different tax practices; and
• The eleventh and twelfth digits are the Statistical Codes.

Although customs duty rates are shown in the Turkish Customs Tariff Schedule, in practice, only the “Position Number”, “Description of the Goods” and “Unit of Measurement” columns are taken as the basis. The current customs duties to be applied to the goods are shown in the Supplementary Decree to the Import Regime Decree issued by the president at the end of each year based on the authorisation granted by Article 2 of the Law on Customs Tariff Nomenclature; and these rates and amounts are taken into account in practice.

The following table provides an illustration of one type of good in both the Customs Tariff Schedule and the Supplementary Decree to the Import Regime Decree (save for the anti-dumping duty imposed on such goods that have originated from the European Union and South Korea as per Communiqué 2022/21):

The amounts of customs duties to be applied to imported goods are shown in the Supplementary Decree to the Import Regime Decree published at the end of each year and are collected as a percentage of the cost, insurance and freight (CIF) value for a certain amount.

Other taxes and financial duties paid during imports include the following:

• value added tax under the Tax Law (3065);
• private consumption tax;
• stamp duty;
• Resource Utilisation Support Fund contributions;
• Support and Price Stabilisation Fund contributions;
• Tobacco Fund contributions under Provisional Article 1(A) of the Liquidation of Some Funds Law (4629);
• environmental protection contributions under Article 18 of the Environment Law (2872);
• Culture Fund contributions; and
• Turkish Radio and Television Corporation banderol fees (Regulation on Registration of Banderol Fees collected by Customs Administration as Revenue in Budget and Utilization by Expense Units of the Ministry published in the Official Gazette number 29882 dated 8 November 2016, determines procedures and principles for banderol fees collected by the customs offices as revenue, as well as how the Customs and Ministry of Trade’s units can use banderol fees).

In addition, anti-dumping duties against dumping and countervailing duties against subsidies are financial obligations imposed to compensate for the injury caused by dumped or subsidised imports and are levied on the value (CIF value) or quantity of the relevant goods. The tax rate or amount is generally determined according to the dumping margin or subsidy amount.

Answer ... Preferential tariffs are available under the following bilateral free trade agreements (FTAs) and decisions:

• the FTAs with Malaysia and South Korea;
• the FTA with the European Coal and Steel Community;
• Decision 1/98 of the EC-Turkey Association Council for agricultural products; and
• Decision 1/95 of the EC-Turkey Association Council (Customs Union Decision) enabling the free movement of imports.

Türkiye's Generalised System of Preferences (GSP), which came into force in 2002, aims to harmonise and equalise tariff preferences between Türkiye and the European Union. The Ministry of Trade has published Communiqué 2019/6 on the GSP, which regulates:

• the items that benefit from tariff concessions under the GSP; and
• the basis for determining which countries benefit from the GSP.

In addition, unilateral customs tax concessions are determined by the Import Regime Decree issued by Presidential Decree 3350/2020.

Answer ... No, Türkiye does not use tariffs for the purposes of safeguarding national security.

Answer ... For import controls and restrictions, please see question 5.

Exemptions and exceptions from customs duties are listed under Article 167 of the Customs Law. Accordingly, goods to be released for free circulation will benefit from customs duty relief under the following circumstances:

• goods whose total value does not exceed €150;
• personal goods to be released for free circulation by natural persons;
• goods to be released for free circulation by natural persons (eg, souvenirs brought by passengers) not exceeding the total value of €430;
• on condition that they will be used solely for non-profit purposes, certain types of goods imported by persons, institutions and organisations to be determined by the Council of Ministers, such as:
• • educational, scientific and cultural goods;
  • scientific tools and devices;
  • tools and devices for medical diagnosis, treatment and research;
  • biological or chemical substances and animals used for scientific research;
  • therapeutic substances of human origin;
  • blood grouping and tissue typing reagents;
  • substances for the quality control of medicaments; and
  • goods imported for use in research and development activities conducted or supported by national research and development institutions;
• imports for the performance of a commercial activities, such as:
• • capital goods and other materials imported due to a transfer of offices;
  • products obtained by farmers acting in the customs territory of Türkiye from their properties abroad;
  • seeds, fertilisers and other products used in processing the soil and crops and brought by farmers from neighbouring countries to their properties situated in the customs territory of Türkiye;
  • samples of no commercial value;
  • sample goods and models of negligible value;
  • printed advertisements and materials for advertising purposes;
  • products used or consumed at a commercial fair or similar event; and
  • goods imported for inquiry, analysis or testing;
• goods used in transportation, including:
• • auxiliary articles used for storage and protection of the goods;
  • hay, animal fodder, animal foodstuffs and medicaments used in the transportation of live animals;
  • fuel oil and mineral oil available in the means of transport; and
  • special containers, equipment and operation materials available in sea and air means of transport;
• imports of information materials, such as:
• • goods sent to organisations that protect copyrights or industrial and commercial patent rights;
  • tourist promotion materials; and
  • various documents and goods of no commercial value;
• imports of goods used for funerals; and
• certain special goods for:
• • the disabled;
  • those injured by major chemical or technological incidents (eg, natural disasters, epidemics, conflagrations, radiation or air pollution); or
  • crisis conditions such as major population movements; and
• pharmaceutical products imported for use in international sports contests organised in Türkiye.

The Decree on the Implementation of Certain Articles of the Customs Law further provides for exemptions from customs taxes. Pursuant to Article 45, books and printed publications sent by post or fast cargo for personal use whose value does not exceed €150 for each shipment are exempt from customs duty.

Article 62 sets out the customs duty rates for:

• goods for personal use sent by post or fast cargo which have no commercial value and whose value does not exceed €150; and
• pharmaceutical goods imported to Türkiye by passengers whose value does not exceed €1,500.

The applicable rates are as follows:

• 18% for goods consigned from the European Union;
• 30% for goods consigned from other countries;
• 0% for books or similar printed publications; and
• 20% for goods listed in Annex IV of the Special Consumption Tax Law (4760), which include:
• • caviar;
  • perfume;
  • hairspray;
  • fur;
  • crystal products; and
  • gold and silver tableware.

Answer ... Customs decisions can be challenged before the courts. Under Article 242 of the Customs Law, the parties can object to decisions in relation to charged customs duties, penalties and administrative decisions within 15 days of notification. According to Article 242(2) of the Customs Law, the objection will be decided on within 30 days and the decision notified to the parties. If the objection is rejected, the parties can appeal to the relevant administrative court with jurisdiction.

A settlement procedure may also be used in cases where:

• penalties have been imposed; or
• there are differences between the tax declaration and the determinations of the customs authorities.

Following the amendment of the Customs Law on 24 November 2019, it is now possible to trigger both an administrative review and a settlement procedure at the same time. If the disagreement is not resolved through the settlement and administrative review, the decision of the customs authorities may be challenged before the administrative courts within 30 days of the date of notification.

Answer ... Non-application of or non-compliance with trade restrictions can give rise to severe criminal penalties, including imprisonment, as per the Anti-Smuggling Law.

Two categories of fines are listed in the Customs Law:

• Operation-related penalties that result in a tax loss: In case of inconsistencies that influence the tariff treatment – such as those involving the nature, characteristics, measures, weight or reported value of the products being less than their actual value – a penalty will be applied (on top of the import taxes).
• Fines for irregularities: These fines are imposed on anyone that disregard the formats and methods outlined in the bylaws, regulations, notifications and instructions published in accordance with the Customs Law. For instance, a pecuniary fine will be imposed if:
• • the declarant fails to deliver the summary declaration or another document that serves as a summary declaration within the allotted time; or
  • products in warehouses are handled without permission.

Answer ... The certification of origin and the customs declaration are the most crucial requirements to export goods from Türkiye. Additionally, exporters must be members of an exporters’ association. The export of some items is forbidden or requires prior authorisation. The Communiqué on Export Prohibited and Pre-Authorised Goods (96/31) prohibits the export of the following:

• cultural and natural heritage assets (historic relics);
• cannabis;
• tobacco seeds and seedlings;
• with the exception of species included on the list of goods whose export is subject to prior authorisation, all trophy and wild animals (living and non-living, and their smallest recognisable parts and apparel made of them);
• walnut, mulberry, cherry, pear, plum, yew, ash, elm and linden tree species as logs, logs, timber, planks or draft;
• natural flower bulbs;
• wood;
• sweetgum (liquidambar orientalis);
• pterocarya fraxinifolia;
• Cretan date palm;
• olive (excluding domestically certified varieties of registered varieties published in the National Variety List), fig (excluding domestically certified varieties of registered and published varieties in the National Variety List), hazelnut, pistachio or vine (sultani seedless) saplings; and
• salep (in powder, tablet or any other form).

The communiqué further requires pre-authorisation for the export of the following goods:

• warfare tools and equipment to be controlled, weapons, ammunition and spare parts, military explosives and related technologies;
• opium and poppy heads;
• goods covered by:
• • the Single Convention on Narcotic Drugs as amended by the Protocol of 1972;
  • the Convention on Psychotropic Substances of 1971; and
  • the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;
• goods covered by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
• wild boar, wolves, jackals, foxes, martens, badgers, snakes, turtles and lizards, alive and dead, and their recognisable parts and apparel made therefrom;
• fertilisers (except chemical fertilisers);
• seeds (excluding forest tree seeds and other growing materials);
• angora goats;
• within the framework of the principles regulating the fishing of aquatic products, fish of a type and nature which are not allowed to be caught;
• racehorses;
• feeds covered by the Feed Law;
• veterinary medicines;
• natural flower bulbs whose export is restricted by quota or any other registration;
• breeding cattle and small cattle;
• natural mushrooms (only for export to EU member countries);
• bluefin tuna (live, fresh, chilled, frozen or processed);
• goods within the scope of the Regulation on Issuance of Documents to be Based on Permission in the Export of Nuclear and Nuclear Dual-Use Goods;
• materials relating to missile technology control regime equipment and software;
• sugar; and
• forest tree seeds and other growing materials.

From time to time, the Ministry of Trade may closely monitor the export of a product by negotiating with other ministries, institutions and organisations. It may be necessary to closely monitor these products in order to maintain the balance of domestic supply and demand abroad and price stability. In such cases, the customs declarations must be registered by the exporters’ associations before the export of goods whose export is subject to registration within the scope of Article 7 of the Export Regulation.

Answer ... For the purposes of ensuring product safety and quality control in imports and exports, the Ministry of Trade launched the Risk-Based Trade Control System in order to carry out safety and quality checks on exported and imported goods electronically and on a risk basis. For instance, agricultural products to be exported from Türkiye are subject to inspection by the Ministry of Trade as per the Communiqué on Commercial Quality Inspection in the Export and Import of Some Agricultural Products (Product Safety and Inspection No 2022/21) for the purposes of:

• the promotion of high-quality production;
• the prevention of problems at the destination and potential rejection of the goods;
• the protection of the image of Turkish exports; and
• the enhancement of the quality and competitiveness of Turkish goods.

In total, 148 different products are inspected under 77 product standards.

Although the Ministry of Trade is the main authority responsible for enforcing the export controls – especially for the export of goods which are subject to pre-authorisation – the following bodies also have the authority to enforce export controls:

• the Ministry of Defence;
• the Ministry of Health;
• the Ministry of Agriculture and Forestry;
• the Ministry of Environment and Urbanisation; and
• the Energy, Nuclear and Mineral Research Agency.

Türkiye conducts strategic inspections in terms of exported goods, especially in four domains:

• military materials, ballistic and guided missile systems (Ministry of Defence);
• Agrochemical precursors and dual-use materials and technologies (Ministry of Trade);
• nuclear and nuclear dual-use items (Energy, Nuclear, and Mineral Research Agency); and
• human, plant and animal pathogens (Ministry of Agriculture and Forestry).

For instance, anyone that exports domestically made or foreign-sourced weapons will be considered within the scope of the Law on the Control of Industrial Enterprises Producing War Weapons, Vehicles, Equipment, Ammunition and Explosives (5201). Therefore, the export of weapons, ammunition or war materials is subject to:

• prior registration;
• end-use/user insurance;
• licensing procedures; and
• an export permit under export control and inspection legislation.

The Ministry of Defence has the authority to control the export of such goods.

The Turkish authorities are allowed to ban (or to refuse an export authorisation) to the export of the relevant goods.

Türkiye also participates in all four multilateral export control regimes (ie, the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Wassenaar Arrangement). All items listed under those regimes are subject to export control in Türkiye.

Answer ... The Turkish authorities are quite strict in enforcing the export controls. Therefore, before exporting to a foreign country – given that the buyer of the product may be under an embargo or similar sanction – it would be beneficial for the exporter to conduct research and obtain information from the Ministry of Trade and exporters’ associations regarding the legal requirements that may apply in that country against the buyer.

Answer ... Please see question 2.8 regarding the appeal procedure of decisions taken by the customs authorities.

Answer ... A breach of export controls can give rise to:

• severe criminal penalties, including imprisonment, under the Anti-Smuggling Law; and
• administrative fines under the Customs Law.

Answer ...

• Anti-dumping and anti-subsidy measures:
• • the Law on the Prevention of Unfair Competition in Imports (3577);
  • Regulation 23861 on the Prevention of Unfair Competition in Imports;
  • Decree 99/13482 on the Prevention of Unfair Competition in Imports;
  • Communiqué 2008/6 on the Prevention of Unfair Competition in Imports; and
  • the Rules and Principles on the Implementation of Communiqué 2008/6 on the Prevention of Unfair Competition in Imports.
• Safeguard measures:
• • Decree 2004/7305 on Safeguard Measures in Imports; and
  • Regulation 25486 on Safeguard Measures in Imports.
• Anti-circumvention measures:
• • Article 11 of Decree 99/13482 on the Prevention of Unfair Competition in Imports; and
  • Article 4(4)(j) and Article 38 of Regulation 23861 on the Prevention of Unfair Competition in Imports.
• Surveillance measures:
• • Decree 25476 on Safeguard Measures for Imports; and
  • Regulation 25486 on Safeguard Measures for Imports.

Answer ... The Ministry of Trade is responsible for enforcing the trade remedy regulations and has the authority to launch investigations regarding anti-dumping, safeguard, anti-circumvention and surveillance.

Answer ... Türkiye is a prominent user of trade remedies; and given the present global protectionist trend, this is likely to continue.

Answer ... A trade remedy investigation can be initiated:

• upon a complaint brought by:
• • domestic producers;
  • natural or legal persons; or
  • organisations acting on behalf of a production sector; or
• ex officio by the Directorate General for Imports within the Ministry of Trade.

The Board of Evaluation for Unfair Competition in Imports or the Board for the Evaluation of Safeguard Measures for Imports will receive recommendations from the Directorate General for Imports if the latter determines that the start of an investigation is justified. If the competent board decides there is sufficient evidence that dumped or subsidised imports of a given product have caused an injury to a domestic industry and therefore for the launch of an investigation, it will present its resolution for approval to the Ministry of Trade.

Application for the imposition of anti-dumping or anti-subsidy measures: A written application may be submitted by or on behalf of the domestic industry in accordance with the Law on the Prevention of Unfair Competition in Imports. Producers whose collective output represents more than 50% of the total production of the similar product produced by that portion of the domestic industry and at least 25% of the total production of the similar product produced by the domestic industry in Türkiye must support the complaint in order for it to be considered to have been brought by or on behalf of the domestic industry (the ‘representativeness test’).The support and opposition of the domestic industry can be ascertained using statistically valid sampling procedures/techniques in the case of fragmented sectors involving many producers.

The application must contain the following information and explanations:

• the applicant and the other domestic producers;
• the products to which the application relates;
• the production process for those products;
• like products;
• market structure;
• the applicant’s imports of those products;
• the sales, cost and accounting structure of the applicant;
• pricing;
• the applicant’s economic indicators (eg, productivity, sales, costs, profitability, employment, capacity usage rate and investment);
• known exporters and importers; and
• the dumping or subsidy, material injury, threat of material injury or material retardation of the establishment of an industry, and causation allegations (eg, dumping calculation, schedule, amount or characteristics of the subsidy, development of imports – both in absolute and relative terms and in terms of their effect on pricing in the domestic industry).

The documentation referencing the existence of a subsidy must also be attached in the case of an application for the initiation of a subsidy investigation. A non-confidential version of the application must also be provided by the applicant; and the Ministry of Trade must uphold confidentiality requirements under both the applicable domestic law and the anti-dumping agreement. Potential flaws in the application will be highlighted during the Ministry of Trade’s first review. The Ministry of Trade may request that any missing or additional information to be provided. If it is decided that the dumping or subsidy margin is de minimis or that the number of imports is small, no inquiry will be opened.

The Directorate General for Imports must complete its inquiry and make a recommendation on whether to initiate an investigation to the Board of Evaluation for Unfair Competition in Imports within 45 days of receiving a complete application. If the board decides to conduct an investigation, it will seek approval from the minister of trade. Following that, the relevant country will be notified that an investigation has been launched and an initiation notice will be published in the Official Gazette. Only the applicants are notified if the Board of Evaluation for Unfair Competition in Imports decides not to conduct an investigation.

In terms of initiating an expiry review investigation, the Ministry of Trade will issue a communiqué announcing the measures that will expire on a specific date. Producers may request that the applicable measures be extended no later than three months before the expiry date. Documents demonstrating that dumping, subsidy and injury are likely to continue or recur should be submitted with such applications. Furthermore, after the measures have been in effect for one year, an exporter, importer or domestic producer may request an interim review investigation on the basis that there has been a change in dumping, subsidy or injury.

Application for the imposition of safeguard measures: According to the Regulation on Safeguards, the relevant natural or legal persons, or the professional organisations or chambers to which they are affiliated, may submit a written application for the imposition of safeguard measures. This form can be accessed on the Ministry of Trade’s website (https://ticaret.gov.tr/ithalat/ticaret-politikasi-savunma-araclari/korunma-onlemleri/basvuru-formlari)

The application must contain the following information and explanations:

• the applicant and the other domestic producers;
• the products to which the application relates;
• the production process for those products;
• customers;
• market structure;
• the factors influencing demand and competition;
• the development of imports, in both absolute and relative terms;
• unforeseen developments, serious injury or threat of serious injury and causation allegations;
• the applicant’s costs and economic indicators (eg, productivity, sales, costs, profitability, employment, capacity usage rate and investment); and
• an adaptation plan for the new competitive environment if safeguard measures are introduced.

The Directorate General for Imports will then conduct a preliminary examination, during which additional information or documents may be requested. The preliminary investigation’s findings will then be presented to the Board for Safeguard Measures Evaluation. The board may decide to:

• launch an investigation (in which case an initiation notice will be published in the Official Gazette and the World Trade Organization will be notified); or
• dismiss the investigation (in which case the applicant will be notified of the board’s decision).

Answer ... When an investigation is launched, a communiqué is published in the Official Gazette and the relevant country is notified.

The initiation communiqués states:

• the subject products;
• the country of origin or consignment;
• the allegations made regarding the concerned imports; and
• the timeframe within which interested parties must submit their responses to the questionnaire.

The anti-dumping or anti-subsidy investigation takes 12 months. The Ministry of Trade is entitled to grant a six-month extension based on the number of cooperating firms, subject countries and subject products. Generally, investigations are concluded within 12 months.

Safeguard investigations take nine months. However, if deemed necessary by the Ministry of Trade, this period may be extended for a further six months.

Answer ... Following the initiation of an investigation, questionnaires are sent to:

• known importers and exporters of the subject product; and
• the Turkish embassies of the countries that are subject to investigation.

Those questionnaires are also published on the Ministry of Trade’s website. Any parties willing to cooperate with the investigating authority should submit their responses to the questionnaire within:

• 37 days in the case of anti-dumping or anti-subsidy investigations (which may be extended upon request); and
• 40 days in the case of safeguard investigations.

During these investigations, interested parties may submit written comments opposing the evaluations and allegations of the case handler or the domestic industry. Parties may also present their comments orally during potential hearings.

Answer ... The parties to the investigation can first appeal to the Ministry of Trade requesting the annulment, withdrawn or revision of the decision. If that request is denied, any interested party in a trade remedy investigation may initiate a judicial review process.

Trade remedy decisions are administrative acts and can thus be challenged before the Council of State. The Council of State reviews these actions in its capacity as the court of first instance. Cases are handled by one of the chambers of the Council of State, which consists of one chairperson and four members.

The deadline for filing is within 60 days of publication of the administrative action in the Official Gazette.

In Decision 2015/6922 E, 2017/6614 dated 28 December 2017, the Council of State cancelled Communiqué 2015/28 on the Prevention of Unfair Competition in Imports because there was no concrete and sufficient evaluation of injury and causation. However, following the Ministry of Trade’s appeal, its decision was overturned by the majority of the votes of the members of the Tax Law Division’s Plenary Assembly.

Since the appeal process is considerably lengthy and there is no precedent of cancellation of trade remedies, parties are generally reluctant to take legal action to challenge such decisions.

Answer ... There is no regulatory framework setting out requirements for compliance with trade remedy decisions. Non-compliance with the customs regulations can give rise to:

• severe criminal penalties, including imprisonment, under the Anti-Smuggling Law; and
• administrative fines under the Customs Law.

Answer ... The non-tariff trade barriers applied by Türkiye may be divided into three main categories:

• Quotas and tariff quotas: The volume/quantity restrictions applied in Türkiye are mainly applied for reasons such as:
• • preventing a material injury or threat of material injury to domestic producers due to an increase in imports of a certain good; or
  • protecting commercial rights.
• In accordance with the common trade policy of the European Union and the Agreement on Safeguards of the World Trade Organization (WTO), Türkiye has adopted:
• • the Regulation on Surveillance and Safeguard Measures for the Import of Certain Textile Products and relevant communiqués; and
  • the Decree on Safeguard Measures for Imports and secondary legislation.
• Financial barriers: These include:
• • anti-dumping duties under the Law on the Prevention of Unfair Competition in Imports and relevant legislation; and
  • stamp duty, Resource Utilisation Support Fund contributions, Culture Fund contributions and Environmental Protection Fund contributions.
• Technical barriers to trade: The Decision on Implementation of the Decision of the Technical Regulation Regime dated 15 September 2022 aims to ensure that products which are subject to foreign trade are safe and comply with the relevant technical regulations. In this respect, several other related laws have also been implemented:
• • the Product Safety and Technical Regulations Law (7223);
  • the Technical Regulations and Standardisation Regulation in Foreign Trade;
  • the Regulation on the Notification of Technical Legislation and Standards between Türkiye and the European Union; and
  • Regulation on Attaching and Using the ‘CE’ Conformity Mark to Products.
• In addition to these technical regulations, under the Decision of the Technical Regulation Regime, the following communiqués have been issued for the purposes of safety controls on imports:
• • the Communiqué on Conformity to Standards in Imports (Product Safety and Inspection No 2022/1), which governs inspections carried out by the Turkish Standards Institution in order to:
  • • ensure health and safety;
    • protect the environment; and
    • provide adequate information to the consumers regarding imported industrial products;
  • the Communiqué on Import Control of Waste kept under Control for the Protection of the Environment (Product Safety and Inspection No 2022/3);
  • the Communiqué on Import Inspection of Substances subject to Special Permission of the Ministry of Health (Product Safety and Inspection No 2022/4);
  • the Communiqué on Import Control of Products Subject to the Control of the Ministry of Agriculture and Forestry (Product Safety and Inspection No 2022/5);
  • the Communiqué on Import Control of Chemicals Controlled for the Protection of the Environment (Product Safety and Inspection No 2022/6);
  • the Communiqué on Import Inspection of Solid Fuels Kept Under Control for the Protection of the Environment (Product Safety and Inspection No 2022/7);
  • the Communiqué on Import Control of Radio Equipment (Product Safety and Inspection No 2022/8);
  • the Communiqué on Import Inspection of Some Products that Must Have ‘CE’ Marking (Product Safety and Inspection No 2022/9);
  • the Communiqué on Import Inspection of Toys (Product Safety and Inspection No 2022/10);
  • the Communiqué on Import Inspection of Personal Protection Equipment (Product Safety and Inspection No 2022/11);
  • the Communiqué on Import Inspection of Consumer Goods (Product Safety and Inspection No 2022/12);
  • the Communiqué on Import Inspection of Construction Materials (Product Safety and Inspection No 2022/14);
  • the Communiqué on Import Inspection of Batteries and Accumulators (Product Safety and Inspection No 2022/15);
  • the Communiqué on Import Inspection of Medical Devices (Product Safety and Inspection No 2022/16);
  • the Communiqué on Inspection of Certain Textile, Apparel And Leather Products (Product Safety and Inspection No 2022/18);
  • the Communique on Import Inspection of Tobacco, Tobacco Products, Alcohol and Alcoholic Beverages (Product Safety and Inspection No 2022/19);
  • the Communiqué on Import Inspection of Some Products Inspected by the Ministry of Health (Product Safety and Inspection No 2022/20);
  • the Communiqué on Commercial Quality Inspection in the Export and Import of Some Agricultural Products (Product Safety and Inspection No 2022/21);
  • the Communiqué on Import Inspection of Metal Scrap Kept Under Control for the Protection of the Environment (Product Safety and Inspection No 2022/23);
  • the Communiqué on Import Inspection of Vehicle Parts (Product Safety and Inspection No 2022/25); and
  • the Communiqué on Standardisation of Cotton (Product Safety and Inspection No 2012/27).

Answer ... In principle, the Ministry of Trade monitors trade flows in Türkiye and is the primary authority responsible for non-tariff trade barriers such as the technical barriers on trade outlined in question 5.1. For the purposes of ensuring product safety and quality control in imports and export, the Ministry of Trade launched the Risk-Based Trade Control System in order to carry out safety and quality checks on exported and imported goods, electronically and on a risk basis.

That said, depending on the goods to be imported, a quality or control certificate or additional view may be requested from:

• the Ministry of Science, Industry and Technology;
• the Ministry of Health;
• the Ministry of Agriculture and Forestry;
• the Ministry of Environment and Urbanisation;
• the Information and Communication Technologies Authority;
• the Ministry of Transport and Infrastructure; and
• the Energy, Nuclear and Mineral Research Agency.

Answer ... Türkiye avoids enforcing trade barriers as far as possible in line with its obligations under international treaties and acts in accordance with the common trade policy of the European Union and the legislation of the WTO. That said, the Turkish authorities may resort to non-tariff trade barriers from time to time, depending on the conditions in the domestic market. The Turkish laws on import inspections of goods (which may be considered a technical barrier to trade) are strictly enforced by the Ministry of Trade and all trade flows are electronically monitored.

Answer ... Please see questions 5.5 and 5.6.

Answer ... A trade barrier working group will review whether the notified issue is an actual trade barrier. Following the collection of sufficient data on the issue to establish a legal basis in light of international treaties, the issue will be submitted to the relevant units to take legal action. The complainant will be kept informed of any legal issues or actions taken in relation to its complaint.

Answer ... With respect to trade barriers applied by foreign countries, there is no specific domestic legislation. The complaints of domestic producers regarding foreign countries’ practices which violate WTO regulations are evaluated by the Directorate General of Imports of the Ministry of Trade. Turkish exporters are requested to fill in a form on the ministry’s official website (https://ticaret.gov.tr/ihracat/pazara-giris/pazara-giris-engelleri); if the data in the application is insufficient, the working group of the Ministry of Trade will conduct its own research and decide whether necessary legal action should be taken.

Answer ... Please see question 5.1.

Answer ... Türkiye has no specific laws or regulations governing the imposition of economic sanctions on any country, legal entity or person. Türkiye imposes sanctions by presidential decree in line with the decisions of the United Nations.

There are various international agreements and UN Security Council (UNSC) resolutions that Türkiye is obliged to comply with. UNSC Resolutions are binding on all UN member states and include various sanctions and embargoes against states and non-state entities (persons, private organisations, terrorist groups). Within this framework, partial or comprehensive arms embargoes are applied by Türkiye to the following countries:

• Afghanistan (Taliban elements);
• Eritrea;
• the Ivory Coast;
• Iran;
• Congo (non-state actors);
• North Korea;
• Libya;
• Lebanon (non-state actors);
• the Central African Republic;
• Somalia;
• Sudan (Darfur region); and
• Yemen.

In addition, although not subject to UN sanctions, measures are implemented by Türkiye against Myanmar, and due to domestic turbulence, against Iraq.

That said, Türkiye may partially or totally restrict and regulate trade relations from time to time, based on the current political conditions. Examples include the following:

• Circular 2021/12 of the Ministry of Trade specifically regulates customs services for exports, imports and transit from regions/areas under security in Syria.
• Türkiye has applied restrictive measures since April 1987 exclusively prohibiting Cyprus-flagged vessels from calling at Turkish ports. In May 1997, Türkiye issued new instructions to its ports and harbours to clarify uncertainties arising from the imposition of these restrictions, thus extending them against:
• • vessels under a foreign flag (of any nationality) sailing to Turkish ports directly from any Cypriot port under the effective control of the Republic of Cyprus (Limassol, Larnaca); and
  • vessels of any nationality related to the Republic of Cyprus in terms of ownership or ship management.
• Although the land borders between Armenia and Türkiye have been closed since April 1993, in July 2022 the two countries decided to start air cargo trade between them.

Answer ... Sanctions relating to trade are enforced by the local network of the Ministry of Trade – mainly the customs offices. The customs offices have the authority to prevent goods from entering the Turkish customs zone.

Answer ... Sanctions are strictly enforced by the Turkish authorities.

Answer ... Please see question 6.1.

Answer ... Although no specific trade-related sanctions are applied to individuals or companies, Türkiye implements UNSC decisions to freeze the assets of specific persons and entities.

Answer ... There is no specific mechanism to challenge sanction decisions. As sanctions are based on administrative acts, for further information please see question 4.7.

Answer ... In order to comply with a sanction decision, it is vital to conduct research on the product to be traded and the country of import or export. In this respect, working with a customs consultant in Türkiye is strategically beneficial.

Non-application of or non-compliance with trade restrictions can give rise to severe criminal penalties, including imprisonment, under the Anti-Smuggling Law.

Answer ... Developments regarding free trade agreements (FTAs): Türkiye has been conducting negotiations to update and extend the scope of its existing FTAs. To this end:

• negotiations with the European Free Trade Association, Serbia, Bosnia and Herzegovina and Montenegro have been concluded; and
• negotiations with Georgia and Malaysia will be finalised in the near future.

Meanwhile, Türkiye has started FTA negotiations with 17 countries/blocs. Türkiye has been actively engaged in negotiations with:

• Indonesia;
• Japan;
• Somalia;
• Thailand; and
• Ukraine.

Türkiye is continuing its efforts to speed up the process for the remaining ongoing FTA negotiations with:

• the Democratic Republic of Congo;
• Djibouti;
• Cameroon;
• Chad;
• the Seychelles;
• the Gulf Cooperation Council; and
• the Southern Common Market.

Moreover, Türkiye has launched initiatives to start negotiations with the following countries/blocs:

• the United States;
• Canada;
• India;
• Vietnam;
• the Central American countries;
• other African, Caribbean and Pacific countries;
• Algeria;
• Libya; and
• South Africa.

Türkiye is also conducting preferential trade agreement negotiations with Azerbaijan, Iran and Uzbekistan.

EU Customs Union: Since the European Commission presented the European Council with its negotiation mandate in December 2016, the modernisation of the Türkiye-EU Customs Union has been a priority. Since then, primarily for political reasons, the European Council has declined to approve the beginning of this new round of negotiations.

Answer ... The legal framework that governs trade in Türkiye contains quite intricate regulations. In order to avoid any penalties, we strongly recommend that all importers and exporters work with local customs consultants.