Decree on Export Regime
Decree : Official Gazette dated 22/12/1995 and no. 95/7623:06.01.1996-22515
Article 1- The purpose of this decree is to determine the competent authority and the principles thereof so that the exports can be regulated in favor of the country and it can be supported and developed.
Article 2- All export procedures shall be executed within the scope of this Decree, further legislation on exports and bilateral and multilateral agreements, and the regulation, communiqué and instructions to be enacted thereof
Article 3– Ministry which the Undersecretariat of Foreign Trade is affiliated with is hereby authorized to execute exportation. Accordingly, following actions shall be executed within the scope of this authority:
- a) to take all necessary measures, at all stages of exports, for surveillance, inspection and direction, to follow export procedures at all stages and to make all necessary regulation thereof , to claim for information and certificates relevant with exports and to execute the exportation within the scope of this Decree,
- b) To introduce restrictions and prohibitions on exports for the purpose of taking necessary measures in case of unexpected and extraordinary cases in the markets, inadequacy of the exported goods, for taking measures for the protection of public security, public ethics, human health, health of animals, plants and environment and for the protection of artistic, historical and archeological assets,
- c) To introduce relevant permissions and obligations on exports, to apply quantitative restrictions thereof,
- d) To determine the procedures and principles of mutual trade applications such as counter purchase, barter and indirect offset in the basis of sector and/ or country,
e)To make regulations on Transit trade, temporary export, export without returns and the exportation to be made by leasing as well as on the exports to be made by the contractors working abroad who are awarded construction, installation and assembly works,
- f) To coordinate the relevant institutions’ actions and sources, in relation with their exports, in order to provide integrity in export policies,
- g) To make necessary discussions to provide the abolishment of relevant measures brought by buyer countries with the intention of introducing restrictions on our exportation, to minimize their effects or to improve these restrictions, and to fulfill the liabilities born from the mutual agreements in his respect ,
- h) To get prepared for the support of the exports of agricultural products, to determine the principles on the utilization of support stocks through exportation, to apply these principles,
ı) To determine the principles of the advertisement, introduction and marketing policy and actions for exports of goods in terms of product and/ or country, including foreign fairs, and to follow and coordinate the process before relevant agencies and institutions,
- i) In order to complete the actions which will be made for the accomplishment of the economic and social objectives specified in development plans and annual programs; to make works and regulations which would bring competitive power to the exported goods, considering the liabilities against international organizations, external and internal market conditions as well as other countries’ product policy applications,
- j) Within the framework of the objectives of the general export policy, to determine, jointly, the programs which will be executed by Export Credit Bank of Turkey (Eximbank) for exports,
k)Within the scope of the communiqués to be published, to grant appropriate status to the exporter companies, such as “ Foreign Trade Capital Company”, “Sectoral Foreign Trade Company ” or other status appropriate with the export models to be set forth, to withdraw these titles, and to determine their right, authority and responsibilities,
- l) (Abolished by the Decision no. 97/10308 which was published in the Official Gazette dated 24/12/1997 and no 23210.)
The source of support to be provided within the scope of this decree hereby consists of the Support and Price Stabilization Fund before the Central Bank which was formed by virtue of the article 1 of the Decision no. 88/l3384 and other fund and sources.
The Ministry in which the Undersecretariat of Foreign Trade is affiliated, while exercising the powers referred above, and within the scope of the applicable legislation; may appoint Exporters’ Union, Turkish Exporters Assembly, Exports Promotion Center, international supervision companies and other relevant institutions and organizations.
Liberalization and Coordination of Exports
Article 4- All goods except those which are prohibited from exportation by virtue of law, bylaw and international agreements can be exported freely within the scope of this decree, where sub clause(b) of the article 3is excluded.
Public institutions and organizations shall receive the opinion of the Ministry which the Under secretariat of Foreign Trade is affiliated with at the preparation stage of law and bylaws on the restriction or prohibition of exports in the basis of product and in terms of quantity and period.
To enable the execution of export actions in coordinated manner; the opinion of the Ministry which the Undersecretariat of Foreign Trade is affiliated with shall be received at the states of taking decisions on exports which will be taken by the relevant institutions and organizations and in line with their own legislation as well as at the stages of determination of principles and procedures on the exports of goods under the permission of a specific authority.
No further certificates shall be required for export procedures except those specified by the applicable legislation. Public institutions and organizations shall make necessary arrangements for the completion of export stages and procedures in the fastest manner.
Goods which are prohibited from exports or those subject to preliminary permission
Article 5- The goods included in the Annex of this decree are hereby added into the groups of goods which have been prohibited from exportation by virtue of law, bylaw and international agreements or those which have been made subject to preliminary permission of a specific authority.
Article 6- (abolished by the Decision of the Council of Ministers no.2000/248 which was published in the Official Gazette dated 26/3/2000 and no. 24001)
Article 7- (Decision on Arrangement and Support of Exports dated 20/01/1992 and no. 92/2644 is abolished.)
Temporary Article – Procedures initiated prior to the effective date of this decree shall continue with the previous provisions provide to be in their favor.
Article 8- This degree shall enter into force on its publishing date.
Article 9- This decree shall be executed by the Minister which the Undersecretariat of Foreign Trade is affiliated with.