ARTICLE
29 January 2025

New Exception To FX Borrowing Restrictions

EA
Esin Attorney Partnership

Contributor

Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
The Central Bank of the Republic of Türkiye ("CBRT") introduced amendments to the Capital Movements Circular ("Circular") on January 16, 2025 introducing a new exception to the foreign currency borrowing restrictions.
Turkey Finance and Banking

Recent Development

The Central Bank of the Republic of Türkiye ("CBRT") introduced amendments to the Capital Movements Circular ("Circular") on January 16, 2025 introducing a new exception to the foreign currency borrowing restrictions.

What's New?

Turkish residents undertaking defense industry projects approved by the Presidency of Defense Industries have been permitted to borrow in foreign currency from both domestic or international sources.

The CBRT has introduced another exception for defense industry regarding restrictions on foreign currency borrowing. With this newly introduced exception, companies that have (A) and (B) level certificates under the Industrial Competence Evaluation and Support Program (EYDEP) of the Presidency of Defense Industries will be able to borrow in foreign currency loans from both domestic and international sources.

Companies wishing to borrow in foreign currency loans by taking advantage of this exception must submit the intermediary bank a stamped and wet-signed document evidencing (i) that they have an (A) or (B) level certificate issued by the Presidency of Defense Industries within the scope of EYDEP, (ii) the date the certificate was issued and (iii) the validity date of the certificate.

Conclusion

This change introduces a new exception to the foreign currency borrowing restrictions.

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.

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