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TRADE IN SERVICES AGREEMENT (TISA)
TURKEY
SECOND REVISED OFFER
1. This document contains the second revised offer of Turkey in TISA negotiations. Included in this offer are the Schedule of Specific Commitments and the
List of MFN Exemptions. The offer is conditional on securing improved commitments from TISA Parties in areas of interest to Turkey, as well as attaining
a meaningful and balanced outcome in the overall negotiations, including in the area of new and enhanced disciplines.
2. Turkey reserves the right to modify or withdraw this conditional offer, in whole or in part, at any time prior to the conclusion of negotiations. Turkey
further reserves the right to make technical changes to the Schedule to correct errors, omissions or inaccuracies.
EXPLANATORY NOTES
1. Legal citations in Part I-Section B and Part II of this Schedule identify, for transparency purposes, existing measures inconsistent with the obligations on:
- National Treatment [NT] – (Article I-4 of the Core Text);
- Local Presence [LP] - (Article X.1 of the Annex on Localisation);
- Local Management and Board of Directors [LMBD] - (Article X.2 of the Annex on Localisation);
- Local Content and Other Performance Requirements [PR] - (Article X.3 of the Annex on Localisation);
- Senior Management and Board of Directors [SMBD] - (Article X.13of the Annex on Financial Services)
that apply to the entirety of the sector referred to in the entry, and are not limited to the scope of corresponding MA commitments. The measures stipulated
therein are not exhaustive; they cover the measure as amended, continued, or renewed as of the date of entry into force of this Agreement; and include any
subordinate measure adopted or maintained under the authority of and consistent with the measure.
For greater certainty, measures inconsistent with the obligations on:
- Movement of Information - (Article 2 of the Annex on Electronic Commerce);
- Location of Computing Facilities - (Article 8 of the Annex on Electronic Commerce);
- Transfer of Information - (Article 10 of the Annex on Financial Services); and/or
- Location of Computing Facilities - (Article 10bis of the Annex on Financial Services)
are inscribed against National Treatment obligation of the Core Text.
2. In identifying individual sectors and sub-sectors, where specified, CPC means the Central Product Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, No. 77, CPC Prov, 1991. In addition, a CPC code accompanied with double asterisks “**” indicate that "part
of" the sector is covered.
3. Turkey retains the right to exercise its powers and to regulate and introduce new regulations in order to meet public policy objectives, which include but
are not limited to the policy objectives regarding security, public health, environment, personal data protection, consumer protection, prevention of anti-
competitive practices, and sustainable development.
In this respect, this Schedule does not include measures relating to qualification requirements and procedures, technical standards and licensing
requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles I-3 and I-4. Those
measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, and need to pass
specific examinations, including language examinations, and non-discriminatory requirements that certain activities may not be carried out in nature
protection zones, archaeological sites, or areas of particular historic, cultural and artistic value), even if not listed, apply in any case to services and service
suppliers of TISA Parties.
4. Nothing in this Schedule shall be construed to prejudice the enforcement of any measure under the foreign trade regime and related customs procedures of
Turkey with regard to goods, in compliance with international agreements Turkey is a party to. In this respect, with regard to service sectors, sub-sectors or
activities where importation and/or exportation of goods might be an integral part of the supply of services, such as distribution services, maintenance and
repair services, technical testing and analysis services, any relevant foreign trade and/or customs measure shall continue to apply, even if not listed, to
services and services suppliers of TiSA Parties.
5. The rights and obligations arising from this Agreement, including the schedule of commitments, shall have no self-executing effect and thus confer no
rights directly on individual natural or juridical persons.
TURKEY - SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
PART I: HORIZONTAL COMMITMENTS - SECTION A
Sector or Sub-sector Mode Obligations Concerned Conditions, Limitations and Reservations
All sectors: Social services All
NT (Article I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
SMBD (Article X.13)
Turkey reserves the right to adopt or maintain any measure affecting the provision of public
law enforcement and correctional services and, to the extent they are social services
established or maintained for a public purpose, the provision of following services: income
security or insurance, social security or insurance, social welfare, public education, public
training, public utilities, public transport, public housing, health, child care, ambulance
services and firefighting.
All sectors: Disadvantaged
groups 3,4
NT (Article I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
SMBD (Article X.13)
Turkey reserves the right to adopt or maintain any measure that accords rights or preferences
to socially or economically disadvantaged groups, such as disabled persons and persons who
have rendered distinguished services to the state.
All sectors: Commercial
presence 3
NT (Art. I-4)
LMBD (Art X.2)
Turkey reserves the right to adopt or maintain any measure affecting the constitution of
foundations, trusts, associations, or any other non-profit organization in its territory by
foreign natural or juridical persons.
All sectors: Real estate
acquisition 1, 3, 4 NT (Art. I-4)
Turkey reserves the right to adopt or maintain any measure relating to the conditions of
acquisition of land and real estate by foreign natural persons; juridical persons which are
organized under the laws of a foreign government; or foreign invested companies in its
territory, where the acquisition of real estate is for purposes unrelated to the conduct of
business activities listed in the articles of association of their company.
All sectors: Subsidies
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
With regard to service supply through modes 1, 2 and 4, Turkey reserves the right to adopt or
maintain any measure relating to subsidies, or any conditions attached to the receipt or
continued receipt of such subsidies, whether or not such subsidies are offered exclusively to
domestic services, service consumers or service suppliers.
With regard to service supply through mode 3, Turkey reserves the right to adopt or maintain
any measure which is not inconsistent with its commitments under the GATS. In this regard,
Turkey may restrict the eligibility for subsidies to Turkish nationals or juridical persons
established within a particular geographical subdivision of its territory.
Privatization 3
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
Turkey reserves the right to adopt or maintain any measure affecting the:
- transfer or disposition of equity interests or assets held by state enterprises or governmental
authorities;
- delegation to private sector the authority to supply services that are provided in the exercise
of governmental authority at the time of entry into force of the Agreement.
All sectors: Supply of
services by the presence of
natural persons
4
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
Turkey reserves the right to adopt or maintain any measure affecting the supply of services
though presence of natural persons in its territory, without prejudice to the provisions of
Annex on Movement of Natural Persons. However, Turkey shall comply with National
Treatment (Art. I-4), Local Presence (Art X.1), Local Management and Board of Directors
(Art. X.3) and Senior Management and Board of Directors (Art. X.13) obligations
concerning the entry and temporary stay of natural persons in its territory for sectors where
MA commitments are undertaken on Mode 4 in Part I-Section B, unless conditions,
limitations or reservations are inscribed against these obligations in Part I-Section B or Part
II.
Medical and dental
services (CPC 9312); and,
services provided by
midwives, nurses,
physiotherapists and para-
medical personnel (CPC
93191).
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
medical and dental services (CPC 9312); and, services provided by midwives, nurses,
physiotherapists and para-medical personnel (CPC 93191).
Research and development
services All
NT (Art. I-4)
LP (Art. X.1)
PR (Art. X.3)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
R&D services financed in whole or in part by public funds .
Real estate services 1,3,4 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of real estate services.
Technical testing and
analysis services
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
Turkey reserves the right to adopt or maintain any measure affecting the supply of technical
testing and analysis services (CPC 8676), except for the sub-sectors where MA commitments
are undertaken in Part II.
Other business services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of:
- Public opinion polling services (CPC 864*)
- Services incidental to agriculture (CPC 881*)
- Services incidental to forestry (CPC 881*)
- Services incidental to fishing (CPC 882)
- Services incidental to energy distribution (CPC 887)
- Placement and supply services of personnel (CPC 872)
- Related scientific and technical consulting services (CPC 8675)
- Specialty photography services (CPC 87504)
- Publishing services of newspapers, magazines and publications of news agencies (CPC
88442**)
- Sworn/certified translation services (CPC 87905**)
Audio-visual services:
Broadcasting
All NT (Art. I-4)
Turkey reserves the right to adopt or maintain any measure affecting the supply of
broadcasting services into and within its territory. For the purposes of this Schedule,
broadcasting covers the transmission of signs or signals via any technology for the reception
and/or display of aural and/or visual programme signals by all or part of the general public.
Distribution services All NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
distribution services.
This reservation does not apply to retailing services, including through franchising, where
MA commitments are undertaken in Part II.
Environmental services 1
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
environmental services.
Financial Services:
Insurance and insurance
related services
1, 2 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
non-life insurance services, except for:
(a) The hull insurance of aircrafts, helicopters and ships which are purchased through a
foreign loan or leased through a financial leasing contract from abroad, provided that the
insurance period is limited to the term of the credit or leasing contract;
(b) Marine liability insurance;
(c) Transportation insurance of imported and exported goods;
(d) Personal injury, sickness, health and motor vehicle insurance, limited to the time during
which people will be abroad or temporarily staying abroad,
(e) Insurance of ships and yachts registered with the Turkish International Maritime
Registry.
Financial Services:
Insurance and insurance
related services
1, 4 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision, by
adjusters and actuaries, of services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim services.
Banking and other
financial services (excl.
insurance)
1 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
banking and other financial services (excl. insurance) except for the provision and transfer of
financial information; and, advisory and other auxiliary financial services on all the activities
listed in Article X.2(a)(v)-(xv) of Annex on Financial Services (Definitions).
Recreational, cultural and
sporting services
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
recreational, cultural and sporting services (other than audio-visual services), including news
agency services (CPC 962); libraries, archives, museums, and other cultural services (CPC
963); sporting and other recreational services (CPC 964).
Maritime transport:
cabotage All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure with regard to activities falling
within maritime cabotage as defined in the domestic legislation1, including but not limited to:
feeder services, transport of equipment including empty containers and, maritime offshore
services, as defined in the Annex on Maritime Transport.
Maritime auxiliary
services and services at the
port
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure that accords differential treatment
to persons of other countries due to application of reciprocity.
Air transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
air transport services, as set out in the Annex on Air Transport Services, except for the
selling of air transport services; computer reservation systems (CRS) services, maintenance
and repair of aircraft, and ground-handling services.
Space transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
space transport services (CPC 733).
Rail transport services All
NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain any measure with respect to the provision of
pushing and towing services (CPC 7113); maintenance and repair of rail transport equipment
(8868**); and supporting services for rail transport services (CPC 743).
Road transport services 1 NT (Art. I-4)
Without prejudice to the provisions of Annex on Road Transport Services, Turkey reserves
the right to adopt or maintain any measure with respect to international road freight transport
services as defined in the Annex (CPC 7121 and7122).
1 According to the “Law Concerning Coastal Shipping (Cabotage) along Turkish Shores and Performance of Trade and Business in Turkish Ports and Territorial Waters” (Law No: 815), the right
to transport goods and passengers from one point to another along Turkish shores and to perform towing and piloting, and all other port services of any type, whatsoever, within or between
Turkish ports and shores shall belong exclusively to ships and vessels that fly the Turkish flag in accordance with Article 940 of the Turkish Commercial Code (Law No. 6102), and, to Turkish
nationals. For further clarification, this Schedule does not establish any right for natural person service suppliers for the conduct of activities falling under cabotage rights as stipulated in the “Law
Concerning Coastal Shipping (Cabotage) along Turkish Shores and Performance of Trade and Business in Turkish Ports and Territorial Waters”; these activities are reserved for Turkish nationals.
These activities include: the right to perform trade in rivers and lakes, in the Marmara Sea and the Straits, in territorial waters, and in gulfs, ports, bays and the like within territorial waters, by
means of fixed or floating vessels such as ships, tugboats, steamboats, motorboats, barges, lighters, rowboats and, in brief, all types or large or small vessels driven by machinery, sail or oars,
and/or dredges, cranes, crane barges, flat-bottomed boats, transport and water boats, salvage vessels, buoys, pontoons, rafts or the like, and by performing navigation and transportation using the
same. In addition, the right to catch or obtain fish, oysters, mussels, sponges, pearls, coral, mother-or-pearl and the like, extract sand, gravel and the like, extract and salvage sunken ships and
vessels or shipwrecks and the like either on the surface or on the bottom of the sea, perform diving, searching, piloting and maritime supply, work as captain, engineer, secretary, crew or workman
or in another capacity on Turkish maritime vessels, and carry out wharf porterage or any type of maritime business, within Turkish territorial waters, belongs exclusively to Turkish nationals.
Pipeline transport All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of pipeline transport services, including transportation of fuels (CPC 7131) and
transportation of other goods (CPC 7139).
Other transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of any other transport services including combined transport.
Other services (CPC
95+97+98+99) All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of services included under CPC 95,97, 98, and 99.
PART I: HORIZONTAL COMMITMENTS-SECTION B
Sector or
Sub-sector Mode Market Access Commitments Obligations Concerned Conditions, Limitations and Reservations
All sectors 3
NT (Art. I-4)
Appointment of a fully authorized commercial
representative who is domiciled in Turkey is required
when commercial companies organized under the laws
of a foreign government open branches in Turkey.
[Turkish Commercial Code (Law No. 6102), Art. 40]
All sectors:
Collection,
transfer,
processing,
storage of data
All
NT (Art. I-4)
Collection, transfer, processing and storage of personal
data is subject to the provisions of Law no. 6698 on the
Protection of Personal Data.
In addition, data is required to be stored in the territory
of Turkey in the following cases:
- Taxpayers are obliged to store the electronic books of
accounts and other electronic records, documents and
reports (including, inter alia, e-invoices and e-tickets)
that they are required to keep pursuant to Tax Procedure
Law, at their own computing centres within the territory
of Turkey, or at locations where Turkish legislation
apply. The electronic documents, reports or records
stored by third parties or stored abroad do not have legal
validity before the Revenue Administration. However,
this requirement does not prevent the taxpayers from
having a secondary archive outside the Turkish territory.
The Revenue Administration has the authority to
determine and modify the scope of data to be kept
electronically by the taxpayers, and the standards and
technical requirements regarding the storage of data.
[Tax Procedure Law (Law no. 213) and the
Communiqué no. 397, Art. 6; Communiqué no. 431, Art.
7(3); Communiqué no. 433, Art. 9(h), and Communiqué
no 462, section 11 under the Tax Procedure Law; and
Electronic Books of Accounts Communiqué no. 1, section
4.1(d)]
(cont’d on next page.)
- Service providers and intermediary service providers
are responsible for the protection of personal data
obtained during the transactions made in accordance
with the Law no. 6563 on E-Commerce. Such personal
data cannot be disclosed to third persons or used for any
other purposes without the explicit consent of the
relevant person. [Law no. 6563 on the Regulation of
Electronic Commerce, Art. 10]
- Without prejudice to the legislation on the protection of
personal data, location data and traffic data within the
context of electronic communications can be transferred
abroad only upon the explicit consent of the relevant
person. [Law No. 5809 Electronic Communications,
Art.51(6)]
- Electronic certificate2 service suppliers are obliged to
generate certificate, signature creation and verification
data within the territory of Turkey and are not allowed to
transfer signature creation data abroad by any means.
[By-law on the Procedures and Principles Pertaining to
the Implementation of Electronic Signature Law, Art.
18.(1)]
- Registered electronic mail (REM)3 service suppliers are
obliged to keep the main and backup REM systems
within the territory of Turkey. [By-law on the
Procedures and Principles Pertaining to the Registered
Email System, Art. 16.(1)]
(cont’d on next page.)
2 Electronic certificate means electronic data binding the signature verification data of the signature owner to the identity data of that person. 3 Registered electronic mail (REM) is an enhanced form of mail transmitted by electronic means (e-mail) which provides evidence relating to the handling of an e-mail including proof of
submission and delivery.
- Financial service suppliers are obliged to maintain their
computing centres (both primary information systems4
and their backups) within the territory of Turkey.
[-Insurance Law no. 5684;
-Private Pension Savings and Investment System Law no.
4632;
-Regulation on Internal Systems of Insurance,
Reinsurance and Pension Companies
-Banking Law no. 5411 and Regulations on Banking
Law;
-Bank Cards and Credit Cards Law no. 5464 and the
Regulation on Bank Cards and Credit Cards;
-Law on Payments and Securities Settlement Systems,
Payment Services and Electronic Money Institutions
No.6493 and Regulation on Payments and Securities
Settlement Systems, Payment Services and Electronic
Money Institutions;
-CMB Communiqué on Principles Regarding Investment
Services, Activities and Ancillary Services;
-CMB Guidelines on Investment Services, Investment
Activities and Investment Companies]
All Sectors All PR (Art. X.3) Any existing measure inconsistent with Article X.3 of
the Annex on Localisation.
All sectors:
commercial
presence
3
Companies organised under the laws of a
foreign government are required to obtain
authorization from the Ministry of Economy to
open representative (liaison) offices.
Representative (liaison) offices cannot engage
in commercial activities in Turkey.
Unbound for the constitution of foundations,
trusts, associations and any other non-profit
organizations.
NT (Art. I-4) Representative (liaison) offices cannot engage in
commercial activities in Turkey.
[Foreign Direct Investment Law No. 4875, Art. 3(h)]
All sectors:
real estate
acquisition
3
Foreign invested commercial companies are
permitted to acquire real estate in Turkey,
provided that the real estate to be acquired is
related to business activities listed in their
Articles of Association.
NT (Art. I-4) Foreign invested commercial companies can only
acquire real estate in Turkey on the condition that the
real estate to be acquired is related to business activities
listed in their Articles of Association.
[Land Registry Law No. 2644, Art. 36]
4 Information systems are comprised of infrastructure, hardware, software and data which ensure the execution of financial activities as well as the recording and use of information in electronic
media in a secure manner and as to be accessed when needed.
All sectors:
real estate
acquisition
1, 3, 4
The Council of Ministers has the authority to
determine, modify or limit the conditions of
and/or to partially or fully withdraw or ban the
right to real estate acquisition by foreign natural
persons and juridical persons organised under
the laws of a foreign government, in line with
national interests.
All sectors 4
Unbound except for measures concerning the
entry and temporary stay of natural persons in
the following categories:
I. Intra-corporate transferees are natural
persons who have been employed by a juridical
person of a Party for at least one year and who
are temporarily transferred to one of its
subsidiaries, affiliates or branches in the
territory of Turkey. The natural person
concerned shall belong to one of the following
categories.
Executives-Managers:
Natural persons working in a senior position
within a juridical person, who primarily direct
the management of the company, receiving
general supervision or direction principally
from the board of directors or shareholders of
the business or their equivalents, including:
(A) directing the company or a department or
sub-division thereof;
(B) supervising and controlling the work of
other supervisory, professional or managerial
employees; and
(C) having the authority personally to recruit
and dismiss or recommend recruiting,
dismissing or other personnel actions.
Specialists:
Natural persons working within a juridical
person, and who possess uncommon
knowledge essential to the company’s
production, research equipment, techniques or
management. In assessing such knowledge,
account will be taken not only of knowledge
specific to the company, but also of whether
the person has a high level of qualification
referring to a type of work or trade requiring
specific technical knowledge, including
membership of an accredited profession.
II. Trainees: means natural persons who have
been employed by a juridical person of a Party
for at least one year, who possess a university
degree and who are temporarily transferred to
one of its subsidiaries, affiliates, or branches in
the territory of Turkey for career development
purposes or to obtain training in business
techniques or methods.5
III. Business visitors are natural persons
working in a senior position within a juridical
person of a Party and who are responsible for
setting up a subsidiary, affiliate or branch in the
territory of Turkey. They do not engage in direct
transactions with the general public and do not
receive remuneration from a source located in
Turkey.
IV. Business Service Sellers: means natural
persons who are representatives of a service
supplier of a Party seeking temporary entry into
the territory of Turkey for the purpose of
negotiating the sale of services or entering into
agreements to sell services for that service
supplier. They do not engage in making direct
sales to the general public and do not receive
remuneration from a source located within
Turkey.
5 The recipient company may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training
corresponding to the level of a university degree.
Intra-corporate transferees and trainees need
to obtain a work permit from the Ministry of
Labour and Social Security in accordance with
the legislation on the employment of foreigners.
The work permits may be issued, in accordance
with respective laws, regulations and
requirements of Turkey, for a period of up to
one year. Turkey may authorise an extension for
the period allowed in conformity with the laws
and regulations in force in its territory.
Business visitors and business service sellers
are not required to obtain work permits. The
entry and temporary stay of business visitors
and business service sellers may be permitted,
in accordance with respective laws, regulations
and requirements of Turkey, for a period of up
to 90 days within 180 days.
NT (Art. I-4) Intra-corporate transferees and trainees are required to
obtain a work permit, which is issued for a period of up
to one year.
[International Labour Law No. 6735, Art. 10]
The entry and temporary stay of business visitors and
business service sellers is permitted for a period of up to
90 days within 180 days.
[Law on Foreigners and International Protection,
Art. 11]
All sectors 3, 4
Foreign engineers and architects may engage in
the provision of engineering and architecture
services in Turkey only after becoming a
temporary member of the related professional
chamber under the Union of Chambers of
Turkish Engineers and Architects.
PART II. SECTOR SPECIFIC COMMITMENTS
Sector or Sub-sector Market Access Commitments Obligations Concerned Conditions, Limitations and Reservations
1. BUSINESS SERVICES
A. Professional Services
(a) Legal services6
(i) Domestic law (host-country
law)
Legal advisory and
representational services,
legal arbitration, conciliation
and mediation services.
1)Unbound
2) None
3) Unbound
4)Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1,2,3,4) With regard to supply of “legal services”, the
following activities are reserved to Turkish “attorneys
at law (avukat)” enrolled with bar associations:
- Legal representation, advisory and documentation
services on domestic law,
- Litigation and representation of natural or legal
persons before Turkish courts, arbitrators,
conciliators or other bodies empowered with
jurisdictional functions; and, preparation of all
relevant legal documents.
Use of the professional title “avukat (attorney at law)”
is reserved for Turkish nationals enrolled with Turkish
Bar Associations.
[- Attorneyship Law No. 1136;
- Regulation on Attorney Partnerships by Turkish Bar
Association)
- Law No. 6325 on Arbitration and Conciliation for the
Settlement of Legal Disputes]
6
For the purposes of this entry:
‘domestic law (host-country law)’ – the law of Turkey.
‘foreign law (home-country law)’ – the law of the territories of TiSA Parties and other countries other than the law of Turkey.
‘international law’ – includes law established by international treaties and conventions, as well as customary law. ‘legal advisory services’ – includes provision of advice to and consultation with clients in matters, including transactions, relationships and disputes, involving the application or interpretation of law; participation with
or on behalf of clients in negotiations and other dealings with third parties in such matters; and preparation of documents governed in whole or in part by law, and the verification of documents of any kind for purposes
of and in accordance with the requirements of law. Does not include advice, consultation and documentation services performed by service suppliers entrusted with public functions, such as notary services, or services provided by patent or trade mark attorneys.
‘legal representational services’ – includes preparation of documents intended to be submitted to courts, administrative agencies, and other duly constituted official tribunals in matters involving the application and
interpretation of law; and appearance before courts, administrative agencies, and other duly constituted official tribunals in matters involving the application and interpretation of the specified body of law. (Footnote 1:
The inclusion of representational services before administrative agencies and other duly constituted official tribunals within the context of legal services does not necessarily mean that a licensed lawyer must supply
such services in all cases. The precise scope of services subject to licensing requirements is subject to the discretion of the relevant regulatory authority.) Does not include documentation services performed by service
suppliers entrusted with public functions, such as notary services, or services provided by patent or trade mark attorneys. ‘legal arbitration, conciliation and mediation services’ – preparation of documents to be submitted to, preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute involving the
application and interpretation of law. As a sub-category, international legal arbitration, conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries.
For the purposes of these definitions: ‘arbitration’ is taken to mean a process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner (the arbitrator) who makes a determination.
‘mediation’ is taken to mean a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and
endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.
‘conciliation’ is taken to mean a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and
endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an
agreement.
(ii) Foreign Law (home-country
law)
Legal advisory services and
(in relation to foreign law
only) legal arbitration,
conciliation and mediation
services.
(iii) International Law
Legal advisory services and
(in relation to international
law only) legal arbitration,
conciliation and mediation
services.
1) None
2) None
3) For the supply of “advisory services on
foreign and international law” by foreign
lawyers, establishment in the form of
“foreign attorney partnership (yabancı
avukatlık ortaklığı)” is required. Foreign
lawyers may establish such partnerships
either among themselves or with Turkish
attorneys.
4) Unbound except as indicated in the
horizontal section.
NT (Art. I-4)
3) Establishment in the form of “foreign attorney
partnership (yabancı avukatlık ortaklığı)” is required.
Use of the professional title “avukat (attorney at law)”
is reserved for the Turkish nationals enrolled with
Turkish Bar Associations.
[- Attorneyship Law No. 1136;
- Regulation on Attorney Partnerships by Turkish Bar
Association;
- Law No. 6325 on Arbitration and Conciliation for the
Settlement of Legal Disputes]
(b) Accounting, auditing and
bookkeeping services (CPC
862)
1) Unbound
2) None
3) Authorized financial advisers7 may
associate their works in the form of a
“partnership office (adi ortaklık)” or an
“equity company8 (sermaye şirketi)” in
accordance with the Turkish
Commercial Code after becoming a
member of the related Chamber.
Foreign auditing firms may carry out
independent audit in Turkey on the
condition that they are authorized by
Public Oversight, Auditing and
Accounting Standards Authority, in
accordance with the principle of
reciprocity.
Auditing firms are required to be
established as “equity companies” in
accordance with the Turkish
Commercial Code. Auditing firms that
will perform the audits of capital market
institutions are required to be established
as “joint-stock corporations”.
For an audit firm to be authorized:
- Majority of its capital and voting
rights shall be owned by auditors,
and all the partners of the firm shall
be members of profession.9
- The members of its managing body
shall be entirely composed of the
members of profession; and
majority of them, but provided that
this ratio does not exceed seventy-
five percent, shall be the auditors
permanently employed by it. 4) Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
3, 4) Only financial advisers (“certified public
accountants (serbest muhasebeci mali müşavir)”) and
“sworn-in public accountants (yeminli mali müşavir)”
can supply accounting, auditing and bookkeeping
services. Turkish nationality is required for both
professions. However, the nationality requirement can
be waived for financial advisers subject to reciprocity
condition. Approval of the Prime Minister upon the
proposal of the Ministry of Finance is required for the
authorization of financial advisors in such a case.
Commercial presence by authorized natural person
financial advisers is permitted only in the form of a
partnership office or an equity company among
authorized financial advisers, and on the condition of
being a member to related Chamber. Foreign titles and
names cannot be used in the titles of partnerships or
equity companies among Turkish and foreign financial
advisers.
In addition, foreign auditing firms and auditors may
carry out independent audit in Turkey on the condition
that they are authorized by Public Oversight, Auditing
and Accounting Standards Authority, in accordance
with the principle of reciprocity.
For an audit firm to be authorized:
- Majority of its capital and voting rights shall be
owned by auditors, and all the partners of the firm
shall be members of profession.10
- The members of its managing body shall be entirely
composed of the members of profession; and
majority of them, but provided that this ratio does
not exceed seventy-five percent, shall be the auditors
permanently employed by it.
7 The term “financial adviser” used in this entry refers to a “Certified Public Accountant (Serbest Muhasebeci Mali Müşavir)” pursuant to the “Law No. 3568 on Certified Public
Accountants and Sworn-In Public Accountants”. Foreign financial advisers can be authorized, under reciprocity condition, by the approval of the Prime Minister upon the
proposal of the Ministry of Finance.
[- Law No. 3568 on Certified Public Accountants and
Sworn-In Public Accountants;
- Turkish Commercial Code (Law No: 6102)
- Statutory Decree (No. 660) on the Organization and
Duties of Public Oversight, Accounting and Auditing
Standards Authority;
- By Law on Independent Audit;
- Circular No. 1996/2 by the Chambers of Certified
Public Accountants and Sworn in Public Accountants
(TÜRMOB)]
(c) Taxation Services
- Business tax planning
and consulting services
(CPC 86301)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1, 3, 4) Only “sworn-in public accountants” can supply
taxation services other than business tax planning and
consulting services. Turkish nationality is required.
[-Tax Procedure Law no. 213 and related
Communiqués;
-Law No. 3568 on Certified Public Accountants and
Sworn-In Public Accountants]
(d) Architectural services
(CPC 8671)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(e) Engineering services (CPC
8672)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(f) Integrated engineering
services (CPC 8673)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
8 Equity company types are “joint-stock corporation (anonim şirket)”, “limited liability company (limited şirket)” and “partnership limited by shares (sermayesi paylara bölünmüş komandit
şirket)”. 9 ”Members of profession” are “certified public accountants (serbest muhasebeci mali müşavir)” or “sworn-in public accountants (yeminli mali müşavir)” pursuant to the Law No. 3568; and
Turkish nationality requirement exists for members of profession. 10 ”Members of profession” are “certified public accountants (serbest muhasebeci mali müşavir)” or “sworn-in public accountants (yeminli mali müşavir)” pursuant to the Law No. 3568; and
Turkish nationality requirement exists for members of profession.
(g) Urban planning and
landscape architecture
services (CPC 8674)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(i) Veterinary services (CPC
932)
1) None
2) None
3) Unbound except for animal hospitals.
Wholly foreign owned animal hospitals
can be established in Turkey on the
condition that all the veterinaries
employed are Turkish nationals.
Obtaining an authorisation for
establishment from the Ministry of
Food, Agriculture and Livestock is
required. Responsible director of the
animal hospital must be a veterinary.
4) Unbound. For further clarity, Turkish
nationality is required for performing the
veterinary profession.
NT (Art. I-4)
LMBD (Art. X-2)
3, 4) Nationality requirement exists for veterinaries.
Responsible director of an animal hospital must be a
veterinary.
[Law No. 6343 on the Exercise of Veterinary
Profession]
B. Computer and Related
Services
(a) Consultancy services
related to the installation of
computer hardware
(CPC 841)
(b) Software implementation
services (CPC 842)
(c) Data processing services
(CPC 843)
(d) Database services including
data storage, data hosting
and web hosting services
(CPC 844)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(e) Other CRS
- Maintenance and repair
services of office machinery
and equipment including
computers (CPC 845)
- Training services for staff of
clients (CPC 84990**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
C. Research and Development
Services (excluding R&D
financed in whole or in
part by public funds)
(a) R&D services on natural
sciences (CPC 851)
(b) R&D services on social
sciences and humanities
(CPC 852)
(c) Interdisciplinary R&D
services (CPC 853)
1) None
2) None
3) None.
4) Unbound except as indicated in the
horizontal section. In addition, to
conduct scientific research activities in
the Turkish territory, foreign natural
persons are required to obtain prior
permission.
NT (Art. I-4)
3) Juridical persons duly established in Turkey but
acting on behalf of foreign persons are required to
obtain prior permission to conduct scientific research
activities in the Turkish territory.
4) Foreign natural persons are required to obtain prior
permission to conduct scientific research activities in
the Turkish territory.
[Council of Ministers Decision No: 88/12839 and
dated 04/04/1988 on “Principles Applicable to
Foreigners or Those Applying on behalf of Foreigners
who Request to Conduct Scientific Research and
Analysis or Make Movies in Turkey, and to Foreign
Press Members”.] E. Rental/Leasing Services
without Operators
(a) Relating to ships11
(CPC
83103)
(b) Relating to aircraft12
(CPC
83104)
(c) Relating to other transport
equipment (CPC 83101 +
83102 + 83105)
(d) Relating to other
machinery and equipment
(CPC 83106-83109)
(e) Leasing or rental services
concerning personal and
household goods (CPC
832)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
F. Other Business Services
(a) Advertising services
(CPC 871)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
11 This commitment does not include or confer any right with regard to carrying the Turkish flag.
(b) Market research services
(CPC 864)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(c) Management consulting
services (CPC 865)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(d) Services related to
management consulting
(CPC 866 except 86602)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(e) Technical testing and
analysis services, excluding
technical testing, analysis
and control (inspection)
services relating to
construction and
construction materials12
- Composition and purity
testing and analysis
services (CPC 86761**)13
- Testing and analysis
services of physical
properties (CPC 86762)
- Testing and analysis
services of integrated
mechanical and electrical
components (CPC 86763)
- Technical inspection
services (CPC 86764)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None except establishment of a
commercial presence for testing and
analysis services regarding automobiles
and other motor vehicles is subject to an
economic needs test.
Main criteria: the number of and impact
on existing domestic suppliers,
protection of public health, safety, and
the environment.
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
12 Turkey does not assume any commitments regarding technical testing and analysis services relating to the construction sector, including construction and building control activities performed
to ensure that the whole construction process, as well as the construction materials used as inputs in the construction, are in conformity with the technical specifications and standards specified
by relevant laws and regulations. 13 Only inspection, testing and analysis services of air, water, noise level and vibration level under CPC 86761.
(f) Services incidental to
hunting (CPC 881**)
1) Commercial presence is required.
2) None
3) Only Group A travel agencies may
operate in this field with the condition
of obtaining a hunting licence
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1)
1) Commercial presence is required.
[- Law No. 4915 on Land Hunting;
- Regulation concerning the Principles and Procedures
applicable to Domestic and Foreign Hunters within the
context of Hunting Tourism (published on the O.G.
dated Jan. 8th, 2005)]
(h) Services incidental to
mining
(CPC 883+5115)
1) Commercial presence is required.
2) None
3)14
None
4) “Technical supervisors (teknik
nezaretçi)” and “permanent supervisors
(daimi nezaretçi)” in mining sites are
required to be Turkish nationals.
Otherwise unbound except as indicated
in the horizontal section.
NT (Art. I-4)
LP (Art. X.1)
1) Commercial presence is required.
4) “Technical supervisors (teknik nezaretçi)” and
“permanent supervisors (daimi nezaretçi)” in mining
sites are required to be Turkish nationals.
[-Mining Law No. 3213;
-Regulation on the Implementation of Mining Law]
(l) Investigation and security
(CPC 873)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Private investigation and security services can only be
provided by companies established in accordance with
Turkish Commercial Code. Establishment of such
companies is subject to the approval of Ministry of
Interior.
Turkish nationality is required for the founders and
managers of private investigation and security
companies, as well as the private security guards.
Establishment of private investigation and security
companies by foreign persons or provision of such
services by foreign investigation and security
companies is subject to reciprocity.
[- Law no. 5188 on Private Security Services
- Regulation on the Implementation of Law no. 5188
published in the Official Gazette dated 7 October 2004,
no. 25606]
(n) Maintenance and repair of
equipment (not including
maritime vessels, aircraft or
other transport equipment)
(CPC 633+ 8861-8866)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
14 Petroleum and Mining Laws specify that services incidental to mining require an operating licence.
(o) Building-cleaning services
(CPC 874)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(p) Photographic services
(CPC 875) except
specialty photography
services (CPC 87504)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(q) Packaging services
(CPC 876)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(r) Printing
(CPC 88442**)
Publishing
(CPC 88442**)
[Excluding publishing
services of newspapers,
magazines and
publications of news
agencies]
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(s) Convention services
(CPC87909**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(t) Other
- Translation and
interpretation services
(CPC 87905)
1, 3) None except for translation and
interpretation services supplied by
sworn/certified interpreters in relation
with notary services.
- Sworn/certified translation services:
unbound
2) Non
4) Unbound for sworn/certified translation
services. Otherwise unbound except
as indicated in the horizontal section.
- Representation/agency
services before the Turkish
Patent Institute (TPE)
1,3) Only qualified persons registered with
the Turkish Patent Institute (the
Institute) can act as an agent in Turkey
to perform procedures for the
establishment and protection of
industrial property rights, and to conduct
official procedures before the Institute.
Legal persons acting as representatives
before the Institute must be represented
by a natural person who has the
qualifications of an agent.
2) None
4) Only a Turkish national who resides in
Turkey can become a natural person
agent.
NT (Art. I-4)
LP (Art. X.1)
3, 4) Only a Turkish national who resides in Turkey
can become a natural person agent to perform
procedures for the establishment and protection of
industrial property rights, and to conduct official
procedures before the Institute.
Legal persons acting as representatives before the
Institute must be represented by a natural person who
has the qualifications of an agent.
[- Law No. 5000 on the Establishment and Functions of
Turkish Patent Institute, Article 30;
- Decree Law No. 551 on the Protection of Patent
Rights, Article 171;
- Decree Law No. 554 on the Protection of Industrial
Designs, Article 67;
- Decree Law No. 555 on the Protection of
Geographical Indications, Article 14;
- Decree Law No. 556 on the Protection of
Trademarks, Article 80;
- Law No 5147 on the Protection of Integrated Circuits
Topographies, Article 23]
2. COMMUNICATION
SERVICES
Postal Services (postal and
courier services)
Postal services cover the
acceptance, collection,
processing, shipment,
distribution and delivery of
“postal items” as defined in
the Law on Postal Services
No. 6475
1, 3) Establishment in the form of an “equity
capital company (sermaye şirketi)”15
is
required.
“Posta ve Telgraf Teşkilatı Anonim Şirketi
(PTT A.Ş.)”, a wholly state owned
enterprise, is authorized by the Law on
Postal Services to supply postal services and
has the monopoly right to supply the
following services:
- acceptance, collection, sorting, transport,
distribution and delivery of domestic and
international items of correspondence
whose weight or fee limits are determined
by the Council of Ministers16;
- Without prejudice to the provisions related
with electronic notification of the Tax
Procedural Law no. 213 dated 4/1/1961,
acceptance, collection, sorting, transport,
distribution and delivery of any type of
official notice, including through
electronic media, within the scope of the
Law numbered 7201 and other laws;
- Postal services of Turkish Armed Forces
in peacetime;
- Printing and sale of postal stamps that
show the fees to be collected in postal
services, personal stamps, commemorative
stamps, postcards and first day covers.
2) None
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1)
1) Commercial presence is required in the form of an
equity capital company.
[- Law on Postal Services No. 6475;
- By-law on the Provision of Postal Services;
- By-law on Authorization for Postal Services Sector]
15
In accordance with Article 124 of the Turkish Commercial Code (Law No. 6102), the following are considered equity capital companies: “joint-stock company (anonim
şirket)”; “limited liability company (limited şirket)”; “limited partnership in which the capital is divided into shares (sermayesi paylara bölünmüş komandit şirket)”. 16
Until the weight and/or fee limits of monopoly right is determined by the Council of Ministers, the PTT A.Ş. shall continue to exercise its monopoly right over all the open
and closed letters and postcards bearing any kind of correspondence without any weight limit.
C. Telecommunication
Services17
(a) Voice telephone
services
(b) Packet-switched data
transmission services
(c) Circuit-switched data
transmission services
(d) Telex services
(f) Facsimile services
(g) Private leased circuit
services
(h) Electronic mail
(i) Voice mail
(j) On-line information
and data-base
retrieval
(k) Electronic data
interchange
(l) Enhanced/value-added
facsimile services, incl.
store and forward, store and
retrieve
(m) Code and protocol
(n) On-line information
and/or data processing
(o) Others
- Mobile services
analog/digital cellular
- Paging services
- Cable broadcasting services
- Satellite Communications
Services (VSAT, SCPC
VSAT) Satellite Platform
Services
- GMPCS services
- Infrastructure services
- Private/Public Access
- Mobile Radio Services
- Directory Information
Services
1), 3) Except for national public
organizations and state-owned
enterprises foreseen by law, in order to
be authorized, establishment in the
territory of Turkey is required in the
form of a joint-stock or limited liability
company.
Electronic communications
(telecommunications) services and
infrastructure requiring authorization in
the form of limited number of rights of
use can be provided only by joint-stock
companies.
2) None
4) Unbound except as indicated in the
horizontal section
LP (Art X.1)
1) Commercial presence is required in the form of a
joint-stock or limited liability company.
[- Law on Electronic Communications No. 5809;
- By-law on Authorization for Electronic
Communications Sector]
17 The scope of telecommunications in this Schedule does not cover any kind of (analog-digital) radio and TV programme broadcasting services to the public.
D. Audiovisual services
(Excluding Broadcasting)
(a) Motion picture and video
tape production and
distribution services (CPC
9611)
(b) Motion picture projection
services (by cinema theatre
owners only) (CPC 9612**)
(c) Radio and television services
(CPC 96131, 96132)
(d) Radio and television
programme distribution18
services, excluding
transmission
1) None except establishment of a
commercial presence is required for the
distribution of motion pictures in
physical media (CD, video-tape, etc).
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None except establishment of a
commercial presence is required for the
distribution of radio and TV
programmes in physical media (CD,
video-tape, etc).
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
LP (Art X.1)
1) Commercial presence is required for the distribution
of motion pictures, radio and TV programmes and
sound recordings in physical media.
[- Law No. 5846 on Intellectual and Artistic Work;
- Regulation on the Recording and Registration of
Intellectual and Artistic Works;
- Regulation on the Procedures and Principles
Regarding the Certification of the Enterprises
Disseminating or Performing the Recording, Copying
and Sale of the Materials on which Intellectual and
Artistic Works are Fixed]
18 For greater certainty, distribution services in this context may include the licensing of radio and television programmes to other service providers for exhibition, broadcast or the transmission,
rental, sale or use. Turkey does not undertake any commitments on the provision of transmission services for radio and television programmes.
(e) Sound recording
(For the purposes of this
Schedule, sound recording
service activities are
defined as fixation of a
series of musical, spoken,
or other sounds in a
studio, but not including
the sounds accompanying
a motion picture, radio or
television programme or
other audio-visual work.)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
E.
-Telegraph Services
- Registered Electronic Mail
Services
1, 3) PTT A.Ş., a wholly state owned
enterprise, is the exclusive service
supplier
2) None
4) Unbound
1, 3) Either a joint-stock company that is
established to build and operate a
registered electronic mail (REM) system
pursuant to the Turkish Commercial
Code No. 6102; or the administration
that is authorized to make official
electronic notices according to the
provisions of Notification Law No. 7201
(The General Directorate of Post and
Telegraph Organization-PTT A.Ş.) can
provide registered electronic mail
services.
2) None
4) Unbound except as indicated in the
horizontal section.
LP (Art X.1)
1) Commercial presence in the form of a joint-stock
company is required.
[- Turkish Commercial Code No. 6102, Article 1525;
- By-law on the Procedures and Principles Pertaining
to the Registered E-mail System.]
3. CONSTRUCTION AND
RELATED
ENGINEERING
SERVICES
(CPC 51)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
5. DISTRIBUTION
SERVICES19
C. Retailing services
Only for CPC 631, 632,
6112, 61130** (retailing
services of parts and
accessories of motor
vehicles), 61210** (retailing
services of motorcycles and
snowmobiles and related
parts and accessories); but
excluding retailing services
of alcoholic beverages
(63107**); tobacco products
(63108); pharmaceutical
goods (63211); optical goods
(CPC 63254**); seeds,
fertilizers, pesticides and
preparations of a kind used
in animal feeding
(63295**); coal and wood
(CPC-63297); instruments
and appliances for
measuring electricity, gas
and liquid (CPC482**);
and, taximeters.
1) Unbound
2) None
3) None except Turkey may apply
economic needs tests on commercial
presence. In addition, Turkey may take
any measure affecting the supply of any
product subject to import prohibition or
non-automatic import licensing.
4) Unbound except as indicated in the
horizontal section.
19
Turkey allows distribution services to be supplied via franchising where MA commitments are undertaken.
5. EDUCATION SERVICES
A.,B.,E. Primary, Secondary
and Other Educational
Services (CPC 921,
922, 929)
1,3) Natural and legal foreign persons
directly or by establishing partnership
with Turkish citizens may establish
international educational institutions
(including vocational and technical
schools) only for foreign students.
2) None
4) Foreign teachers and experts may work
in primary and secondary educational
institutions and in non-formal
educational institutions (i.e. in language
teaching and vocational training centers)
after getting a prior permission from the
Ministry of National Education to obtain
a work permit from the Ministry of
Labour and Social Security
NT (Art. I-4)
1,3) Foreign persons, either directly or through
partnership with Turkish persons can only establish
international educational institutions (including
vocational and technical schools). These institutions
can only admit foreign students.
4) Foreign teachers and experts may work in primary
and secondary educational institutions and in non-
formal educational institutions (i.e. in language
teaching and vocational training centers) after
obtaining a prior permission from the Ministry of
National Education. General work permit requirements
also apply.
[Law No. 5580 on Private Educational Institutions]
C. Higher Education Services
(CPC 923)
1) None
2) None
3) Private universities [“non-profit
foundation higher education institutions
(vakıf yükseköğretim kurumları)”]can
only be established by foundations
constituted under Turkish Civil Code,
and through the enactment of a specific
Law. All the members of the
administrative board of higher education
institution [i.e. the Board of Trustees
(Mütevelli Heyeti)], as well as the
president (rector) must be Turkish
nationals.
4) All the members of the administrative
board of higher education institution [i.e.
the Board of Trustees (Mütevelli
Heyeti)], as well as the president (rector)
must be Turkish nationals. Otherwise,
unbound except as indicated in the
horizontal section.
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
3,4) Private universities [“non-profit foundation higher
education institutions (vakıf yükseköğretim
kurumları)”] can be established only by foundations
constituted under Turkish Civil Code, and through the
enactment of a specific Law.
All members of the administrative board of higher
education institution [i.e. the Board of Trustees
(Mütevelli Heyeti)], as well as the president (rector)
must be Turkish nationals.
[- Constitution of the Republic of Turkey, Art.130-132
- Law No. 2547 on Higher Education
- Law No. 2809 on the Organization of Higher
Education Institutions
- Regulation by the Higher Education Council
concerning Non-profit Foundation Higher Education
Institutions (“Vakıf Yükseköğretim Kurumları
Yönetmeliği”)]
D. Adult Education (CPC 924)
1) None
2) None
3) Foreign persons directly or by
establishing partnership with Turkish
persons may only establish international
educational institutions, and only for
foreign students.
4) Foreign teachers and experts may work
in educational institutions after getting a
prior permission from the Ministry of
National Education to obtain a work
permit from the Ministry of Labour and
Social Security.
NT (Art. I-4) 3) Foreign persons, either directly or through
partnership with Turkish persons can only establish
international educational institutions. These institutions
can only admit foreign students.
4) Foreign teachers and experts may work in
educational institutions after obtaining a prior
permission from the Ministry of National Education.
General work permit requirements also apply.
[Law No. 5580 on Private Educational Institutions]
6. ENVIRONMENTAL
SERVICES
A. Sewage Services
(CPC 9401)
B. Refuse Disposal Services
(CPC 9402)
C. Sanitation and Similar
Services (CPC 9403)
D. Other:
- Cleaning services of
exhaust gases (CPC 9404)
- Noise abatement services
(CPC 9405)
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
7. FINANCIAL SERVICES
HORIZONTAL COMMITMENTS
Measures affecting the supply of services through commercial presence which are applicable to all sub-sectors of Financial Services are listed below.
Banking 3) Establishment of a bank or opening the
first branch of a foreign bank in Turkey is
subject to the permission of the Banking
Regulation and Supervision Board. A
permission to operate should also be
received following the consummation of
establishment or branch opening transactions
in order to start receiving deposits and/or
conducting banking transactions.
Banks have to be established in the form of a
joint-stock company. At least one member
of the board of directors of the banks must
reside in Turkey.
Lending limits for the branches of foreign
banks are based on branch capital rather than
worldwide capital.
NT (Art I-4)
LMBD (Art. X.2)
SMBD (Art X.13)
3) Lending limits for the branches of foreign banks are
based on branch capital rather than worldwide capital.
At least one member of the board of directors of the
banks must reside in Turkey.
[- Banking Law No. 5411;
- Regulation on Operations of Banks Subject to
Permission and Indirect Shareholding;
- Regulation On Internal Systems Of The Banks and
ICAAP]
Insurance 3) Insurance and reinsurance companies
have to be established in the form of a joint-
stock or a mutual company (cooperative).
For the purpose of commencing their
operation, insurance and reinsurance
companies have to obtain a license from the
Undersecretariat of Treasury for each
insurance branch in which they would like to
operate.
Securities Market 3) For the establishment and operations of
capital market institutions20
permission of
the Capital Markets Board (CMB) is
required. Also, banks engaging in capital
market activities (investment services) are
required to obtain from the CMB appropriate
authorization certificates for these activities.
Establishment of branches and agencies by
securities intermediary institutions
established in Turkey also requires the
CMB's permission.
Securities intermediary institutions,
investment companies, and other capital
market institutions with the exception of
investment funds21
can only be established
in the form of a joint-stock company.
Establishment of branches and
representative offices of foreign securities
intermediary institutions is not permitted.
The CMB may take any measure to ensure
that the establishment of capital market
institutions or their branches and agencies
are beneficial to the economic development
of Turkey as well as to the stability,
soundness and development of capital
markets.
3) Establishment of branches and representative offices
of foreign securities intermediary institutions is not
permitted.
[- Capital Market Law No. 6362
- CMB Communiqué on Principles of Investment
Funds,
- CMB Communiqué on Principles of Exchange Traded
Funds,
- CMB Communiqué on Real Estate Investment Funds,
- CMB Communiqué on Principles of Venture Capital
Investment Funds,
- CMB Communiqué on Portfolio Management
Companies and Activities of Such Companies,
- CMB Communiqué on Principles Regarding
Investment Services, Activities and Ancillary Services,
- CMB Communiqué on Principles Regarding
Establishment and Activities of Investment Firms,
- CMB Communiqué on Principles of Real Estate
Investment Companies,
- CMB Communiqué on Principles of Venture Capital
and Private Equity Investment Companies,
- CMB Communiqué on Principles of Securities
Investment Companies,
- CMB Communiqué on Portfolio Depositary Service
and Providers of Such Service,
- The Individual Pension Savings and Investment
System Law No. 4632,
-CMB Implementing Regulation on the Principles
Applicable to the Establishment and Operations of
Pension Investment Funds]
20 According to the Capital Market Law, capital market institutions are specified as follows:
(a) Investment firms,
(b) Collective investment schemes,
(c) Independent auditors, appraisal companies and rating agencies performing activities in capital market,
(d) Portfolio management companies
(e) Mortgage finance corporations,
(f) Housing finance and asset finance funds,
(g) Asset lease companies,
(h) Central clearing institutions,
(i) Central securities depositories,
(j) Trade repositories,
(k) Other capital market institutions, the establishment and operation principles for which are determined by the Capital Markets Board. 21 According to Capital Market Law, investment funds can be established in contractual type within the fund rules in conformity with the fiduciary ownership principles.
OTHER FINANCIAL
SERVICES
A. Financial leasing service
3) Financial leasing companies (lessors) can
only be established in the form of a joint-
stock company.
Establishing a financial leasing company or
opening of first branches in Turkey by
companies established abroad is subject to
prior permission of the Banking Regulation
and Supervision Board. A permission to
operate should also be received.
B. Factoring and consumer
financing services
3) Factoring companies and financing
companies must be established in the form
of a joint-stock company.
Establishment of these companies is subject
to prior permission of the Banking
Regulation and Supervision Board. A
permission to operate should also be
received.
C. Foreign exchange dealers
(“Yetkili müessese”)
3) In order to engage in activities as a
foreign exchange dealer (“yetkili
müessese”), authorization from the
Undersecretariat of Treasury must be
obtained. The Undersecretariat may take
any measure to ensure that the establishment
of foreign exchange dealers or their
subsequent branches and agencies is
beneficial to the economic development of
Turkey as well as to the stability, soundness
and development of financial markets.
Foreign exchange dealers must be
established in the form of a joint-stock
company.
D. Precious metals exchange
3) To operate as a Precious Metal
Intermediary Institution (PMII) one should
obtain permission from Undersecretariat of
Treasury. Banks, foreign exchange dealers,
joint-stock companies engaging in trade and
production of precious metals, branches,
which are located in Turkey, of the
companies resident abroad engaging in trade
and production of precious metals may
apply to the Undersecretariat to operate as a
PMII. Moreover, it is also possible to apply
for permission to the Undersecretariat to
operate solely as a precious metal brokerage
institution and to be established as a joint
stock company to operate as such.
Sector specific Financial Services Commitments (horizontal Mode 3 restrictions/qualifications listed above also apply):
Insurance and Insurance-related
Services
(i) Direct insurance
(A) Life
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(B) Non-life
1),2) Unbound except:
(a) The hull insurance of aircrafts,
helicopters and ships which are
purchased through a foreign loan or
leased through a financial leasing
contract from abroad, provided that the
insurance period is limited to the term
of the credit or leasing contract;
(b) Marine liability insurance;
(c) Transportation insurance of imported
and exported goods;
(d) Personal injury, sickness, health and
motor vehicle insurance, limited to the
time during which people will be
abroad or temporarily staying abroad,
(e) Insurance of ships and yachts
registered with the Turkish
International Maritime Registry.
3) None
4) Unbound except as indicated in the
horizontal section.
(ii) Reinsurance and
retrocession
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(iii) Insurance intermediation
such as brokerage and
agency
1),2) Unbound for intermediaries (agents
and brokers) except the ones dealing
with life insurance and non-life
insurance categories indicated in the
“(i)(B) Non-life” section and
reinsurance brokers.
3) Juridical person insurance and
reinsurance agencies and brokers must
be established in Turkey in the form of
a joint-stock or limited-liability
company. The general manager and the
deputy managers responsible for
technical departments must reside in
Turkey. Insurance agencies and brokers
that are established in foreign countries
may engage in insurance intermediation
activities only by means of opening
branches in Turkey. Institutional form
and residency requirements stipulated
above apply for branches, as well.
4) Natural person insurance and
reinsurance brokers and agents have to
reside in Turkey. Otherwise, unbound
except as indicated in the horizontal
section.
LP (Art. X.1)
LMBD (Art. X.2)
SMBD (Art X.13)
3) The general manager and the deputy managers
responsible for technical departments must reside in
Turkey.
4) Natural person insurance and reinsurance brokers
and agents have to reside in Turkey.
[- Insurance Law No. 5684;
- Regulation on Insurance Agencies;
- Regulation on Insurance and Reinsurance Brokers]
(iv) Services auxiliary to
insurance, such as
consultancy, actuarial, risk
assessment and claim
settlement services
1),2) None except adjusters and actuaries.
3) None
4) Unbound for adjusters and actuaries.
Otherwise unbound except as indicated
in the horizontal section.
Banking and Other Financial
Services
(v) Acceptance of deposits and
other repayable funds from
the public
1) Unbound
2) None
3) No natural person or legal entity other
than credit institutions or those
authorized under specific regulations can
accept deposits or other repayable funds
from the public.
4) Unbound except as indicated in the
horizontal section.
(vi) Lending of all types
including consumer credit,
mortgage credit, factoring
and financing of
commercial transaction
(A) Consumer credit
(B) Factoring
(C) Mortgage credit
1) Unbound
2) None
3) Banks and financing companies can lend
consumer credits.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and factoring companies can
engage in factoring activities.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Financial leasing companies and
financing companies which are found
eligible to operate in housing finance by
the Banking Regulation and Supervision
Agency, as well as banks can engage in
trading of mortgage credits.
4) Unbound except as indicated in the
horizontal section.
(D) Financing of commercial
transactions
1) Unbound
2) None
3) Banks, financial leasing companies,
factoring companies, and financing
companies can engage in financing of
commercial transactions.
4) Unbound except as indicated in the
horizontal section.
(vii) Financial leasing
1) Unbound
2) None
3) Banks which are not authorized to
accept deposits and financial leasing
companies can engage in financial
leasing transactions.
4) Unbound except as indicated in the
horizontal section.
(viii) All payment and money
transmission services,
including credit and debit
cards and travellers cheques
1) Unbound
2) None
3) Payment and money transmission
services can only be conducted by banks
and institutions authorized in accordance
with the “Law on Payments and
Securities Settlement Systems, Payment
Services and Electronic Money
Institutions”. The institutions engaging
in the provision of payment and money
transmission services are required to be
established in Turkey, in the form of a
joint-stock company.
Credit and debit cards services can only
be provided by banks.
Transfers of foreign exchange abroad
must be carried out through the banking
system.
4) Unbound except as indicated in the
horizontal section.
(ix) Guarantees and
commitments
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(x) Trading for own account or
for account of customer,
whether on an exchange, in
an over-the-counter market
or otherwise, the following:
(A) Money market
instruments (including
cheques and bills)
(B) Foreign exchange
(C) Derivative products
including, but not
limited to, futures and
options
1) Unbound
2) None
3) Trading of money market instruments
can be performed by both banks and
securities intermediary institutions;
however, securities intermediary
institutions cannot engage in the trading
of cheques and bills.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks, foreign exchange dealers,
securities intermediary institutions
(limited to investment services and
activities), as well as national postal
administration (the General Directorate
of Post and Telegraph Organization)
can engage in foreign exchange trading.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions can engage in
trading of derivative products in
compliance with CMB legislation.
Authorised banks can execute orders in
derivative instruments except for those
based on stock indices and stocks, and
deal on own account in derivative
instruments except for those based on
stocks.
4) Unbound except as indicated in the
horizontal section.
(D) Exchange rate and
interest rate instruments,
including products such
as swaps and forward
rate agreements
(E) Transferable securities
(F) Other negotiable
instruments and
financial assets,
including bullion
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions can engage in
trading of exchange rate and interest
rate instruments.
Only securities intermediary institutions
can provide “leveraged transactions” as
defined in Capital Market Law No.
6362 (i.e. retail forex brokerage).
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and securities intermediary
institutions can engage in trading of
transferable securities in compliance
with CMB legislation. However, only
securities intermediary institutions can
provide such investment services with
regard to execution of orders and
dealing on own account in shares.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and related intermediary
institutions can engage in trading of
other negotiable instruments and
financial assets, including bullion.
4) Unbound except as indicated in the
horizontal section.
(xi) Participation in issues of all
kinds of securities,
including underwriting and
placement as agent
(whether publicly or
privately) and provision of
services related to such
issues
1) Unbound
2) None
3) Development and Investment Banks
and securities intermediary institutions
authorised by the CMB can provide
underwriting and placement services for
the securities to be issued after being
registered by the CMB.
4) Unbound except as indicated in the
horizontal section.
(xii) Money broking
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(xiii) Asset management
such as cash or portfolio
management, all forms of
collective investment
management, pension fund
management, custodial,
depository and trust services
(A) Portfolio management
(B) Collective investment
Management
(C) Pension fund management
1) Unbound
2) None
3) Development and Investment Banks,
securities intermediary institutions
(excluding collective investment
management) and portfolio management
companies can provide these services.
4) Unbound except as indicated in the
horizontal section
1) Unbound
2) None
3) Collective investment portfolios can be
managed by portfolio management
companies. Investment companies can
also manage their own portfolios.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Portfolio management companies
established in Turkey can provide these
services.
4) Unbound except as indicated in the
horizontal section.
(D) Custodial, depository
and trust services
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions operating in
capital market can provide custodial
services for their customers. Depository
accounts related with capital market
instruments, with the exception of
government debt instruments held in
bank portfolios, can only be kept by
Central Registry Agency.
4) Unbound except as indicated in the
horizontal section.
(xiv) Settlement and clearing
services for financial assets,
including securities,
derivative products, and
other negotiable
instruments
1) Unbound
2) None
3) Only Takasbank A.S. can provide
securities settlement and clearing
services.
Only the institution authorized by
Central Bank of the Republic of Turkey
can provide check clearing services.22
Payment and securities settlement
systems can only be operated by
financial institutions authorised by
Central Bank of the Republic of Turkey.
Financial institutions operating payment
and securities settlement systems are
required to be established in Turkey, in
the form of a joint-stock company.
4) Unbound except as indicated in the
horizontal section.
22 Cheque Law Nr. 5941, Article 8, Paragraph 1
(xv) Provision and transfer of
financial information
- Financial data processing
and [provision and transfer
of] related software by
suppliers of other financial
services
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1, 2, 3, 4) Mandatory localization
requirements apply. Financial service
providers are obliged to establish and
maintain their data processing centres (both
primary information systems23
and their
backups) in Turkey for the storage and
processing of data.
(xvi) Advisory, intermediation
and other auxiliary
financial services on all
the activities listed in
subparagraphs (v) through
(xv), including credit
reference and analysis,
investment and portfolio
research and advice,
advice on acquisitions and
on corporate restructuring
and strategy
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
23 Information systems are comprised of infrastructure, hardware, software and data which ensure the execution of financial activities as well as the recording and use of information in electronic
media in a secure manner and as to be accessed when needed.
8. HEALTH RELATED AND
SOCIAL SERVICES
A. Hospital Services
(CPC 9311)
1) Unbound*
2) None
3) Foreigners may establish private
hospitals with the permission of
Ministry of Health. The number and type
of hospitals, medical branches in each
hospital, number of required health
personnel, bed capacity as well as
procurement of medical devices may be
limited in accordance with investment
plans based on health service needs of
residential areas.
4) Unbound
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and restaurants
(CPC 641-643)
1) Unbound*
2)24
None
3) None
4) After receiving the permission of the
Ministry of Labour and Social Security,
based on the affirmative opinions of the
Ministry of Interior and the Ministry of
Culture and Tourism, the hotels and
restaurants authorized by the Ministry of
Culture and Tourism may employ foreign
personnel. But the quantity of foreign
personnel that would be employed in an
enterprise shall not exceed 10 per cent of the
total personnel. This ratio could be increased
up to 20 per cent by the approval of the
Ministry of Culture and Tourism on a case
by case basis.
NT (Art. I-4)
4) The quantity of foreign personnel to be employed by
service suppliers in this sector may be restricted to 10%
of the total personnel employed. This amount could be
increased to 20% by the approval of Ministry of
Culture and Tourism on a case by case basis.
[Law No. 2634 on the Promotion of Tourism, Art. 18]
B. Travel Agencies and Tour
Operators Services
(CPC 7471)
1) Commercial presence is required
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1) 1) Travel agencies organised under the laws of a
foreign government cannot organize tours originating
from Turkey to abroad.
[- Law No. 1618 on Travel Agencies and the
Association of Travel Agencies, Art.3;
- Regulation on Travel Agencies, Art. 8, 9, 20]
C. Tourist guides services (CPC
7472)
1) Unbound
2) None
3) Unbound
4) Unbound. For further clarity, Turkish
nationality is required for performing
tourist guides services.
NT (Art. I-4)
LP (Art. X.1)
1, 3, 4) Turkish nationality is required for performing
tourist guides services.
[Law No. 6326 on the Profession of Tourist Guides,
Art.3]
* Unbound due to the lack of technical feasibility. 24 Turkish citizens may travel abroad without any restriction. Only, they are required to pay, with certain exceptions, a TL amount equivalent up to US$ 100 to the Public
Housing Fund, for each exit. The Turkish citizens going abroad for education and health purposes, as well as the ones who are either employed or assigned to permanent official
duties in foreign countries are exempt from that payment.
10. RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
A. Entertainment services
(including theatre, live
bands and circus services)
(CPC 9619)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
11. TRANSPORT SERVICES
A. Maritime Transport
Services (except cabotage)
(a) Passenger transportation
(CPC 7211)
(b) Freight transportation
(CPC 7212)
1) None
2) None
3) In order to fly the Turkish flag25
, the
shipping companies must have the
majority of (51 per cent) Turkish
shareholders.
4) Captain and crew of the Turkish flag
vessels should be Turkish citizens.
NT (Art. I-4)
3) In order to fly the Turkish flag21
, the shipping
companies must have the majority of (51 per cent)
Turkish shareholders.
[Turkish Commercial Code (Law no. 6102), Art. 940]
4) Turkish nationality is required for the captain and
crew of vessels flying the Turkish flag.
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
(c) Rental of vessels with
crew26
(CPC 7213)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
NT (Art. I-4) 4) Turkish nationality is required for the captain
and crew of vessels flying the Turkish flag.
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
25 In accordance with the Turkish Commercial Code:
- Each Turkish ship shall fly the Turkish flag.
- When ownership of a ship belongs to a natural person, the ship shall be regarded as a Turkish ship only if it is owned by a Turkish citizen.
- A ship that belongs to more than one natural person shall be regarded as a Turkish ship either if the majority shares are held by Turkish citizens in case of joint ownership/condominium-
principled ownership (“paylı mülkiyet”); or if the majority of the owners are Turkish citizens in case of co-ownership (“elbirliğiyle mülkiyet”).
- A ship that belongs to an institution, association and/or foundation with legal personality and established in accordance with Turkish legislation shall be deemed as a Turkish ship on the
condition that the majority of Board of Directors of such juridical persons are of Turkish nationality.
- A ship that belongs to a commercial company that is established in accordance with Turkish legislation shall be regarded as a Turkish ship on the condition that the majority of the personnel
having managerial authority are Turkish nationals; and, the majority voting rights belong to Turkish national shareholders in accordance with the articles of incorporation. In the case of a
joint-stock company (“anonim şirket”) or a partnership limited by shares (“sermayesi paylara bölünmüş komandit şirket”), in addition to the above mentioned conditions, majority of the
shares are required to be registered shares and that transfer of these shares to a foreign person must be subject to the approval of Board of Directors.
- Ships belonging to an association of ship-owners (“donatma iştiraki”) shall be deemed as Turkish ships, on the condition that the majority of shares belong to Turkish nationals, and that
majority of the ship-owners with managerial authority are also Turkish nationals.
(d) Maintenance and repair of
vessels (CPC 8868**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
B. Internal Waterways
Transport (CPC 722)
1,3) Establishment is required. Only Turkish
nationals and the juridical persons shares of
which belong to Turkish nationals can
supply these services.
2) None
4) Captain and crew members have to be
Turkish nationals.
NT (Art. I-4)
LP (Art. X.1)
1,3) Establishment is required. Only Turkish nationals
and the juridical persons shares of which belong to
Turkish nationals can supply these services.
4) Captain and crew members have to be Turkish
nationals.
[-Turkish Commercial Code, Law no. 6102]
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
26
This commitment does not include or confer any right with regard to maritime transportation services.
Maritime Auxiliary Services as
defined in the Annex for
Maritime Transport Services
i) Maritime Cargo Handling
Services
1) Establishment is required.
2)None
3) For juridical persons:
Maritime cargo handling services can be
supplied by port (terminal) operators who
are granted a concession through port
privatization procedures. Privatization of
ports through transfer of ownership is not
allowed. The number of service suppliers to
participate in the privatization tenders and
the type of legal entity could be limited by
the Turkish Privatization Administration.
Considering the nature of the service,
monopoly rights may be accorded to port
operators in the privatization process.
Other than port (terminal) operators who are
granted a concession through privatization,
these services can only be supplied by
juridical persons shares of which belong to
the Turkish nationals.
For natural persons: Turkish nationality is
required.
4) Unbound.
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required
3) Other than port operators who are granted a
concession through privatization procedure, these
services can only be supplied by juridical persons
shares of which belong to the Turkish nationals.
For natural persons: Turkish nationality is required.
[- Law No . 4046, Adopted on 27 November 1994,
Concerning Arrangements For The Implementation Of
Privatization (Article 37)
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
ii) Storage and Warehousing
Services
iii) Customs Clearance Services
iv) Container Station and Depot
Services
v) Maritime Agency Services
1) Establishment is required
2) None
3) None except for “customs warehouses”.
Customs warehouses can only be established
by a “joint stock” or a “limited liability”
company founded in accordance with the
Turkish Commercial Code, which has been
in operation for at least two years. Economic
need test applies.
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required
1,3 ,4) For natural persons: Customs brokers
must be Turkish citizens.
For juridical persons: All the stakeholders of
a customs brokerage company must be
licensed customs brokers who are Turkish
citizens.
1) Unbound*
2,3) None
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required
3,4) Only Turkish citizens can be appointed
or employed as authorized agents and
maritime agency personnel.
3) Maritime agency companies are obliged
to appoint an “authorized agent27
” and
employ at least one “maritime agency
personnel28
” at the agency and its branches.
LP (Art. X.1)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required.
[Customs Regulation ( Articles 512-519)]
3 ,4) For natural persons: Customs brokers must be
Turkish citizens.
For juridical persons: All the stakeholders of a customs
brokerage company must be licensed customs brokers
who are Turkish citizens.
[Customs Regulation (Articles 227 and 229)]
1) Establishment is required
3,4) Only Turkish citizens can be appointed or
employed as authorized agents and maritime agency
personnel.
3) Maritime agency companies are obliged to appoint
an “authorized agent29
” and employ at least one
“maritime agency personnel30
” at the agency and its
branches.
[Regulation on Maritime Agencies (Article 7)]
27 “Authorized agent” is the natural person who is authorized to act on behalf of the Maritime Agency Company before the Ministry of Transport, Maritime Affairs and Communications. 28 “Maritime agency personnel” are natural persons who are issued an identification card by the Ministry of Transport, Maritime Affairs and Communications to perform agency operations with
the port, customs, coastal, health and security authorities and other relevant institutions and organizations. 29 “Authorized agent” is the natural person who is authorized to act on behalf of the Maritime Agency Company before the Ministry of Transport, Maritime Affairs and Communications.
vi) Maritime Freight
Forwarding Services
Services at the Port (towing and
the tug assistance; port captain's
services; navigation aids;
emergency repair facilities;
anchorage, berth and berthing,
dredging services.)
Services at the port
(provisioning, fuelling and
watering; garbage collecting
and ballast waste disposal;
shore-based operational
services essential to ship
operations including
communications, water and
electrical supplies)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required.
2) None
3) Only Turkish nationals and juridical
persons shares of which belong to Turkish
nationals can supply these services
4) Unbound except as indicated in the
horizontal section.
1,3) These services can be supplied by port
(terminal) operators who are granted a
concession through port privatization
procedures. Privatization of ports through
transfer of ownership is not allowed. The
number of service suppliers to participate in
the privatization tenders and the type of
legal entity could be limited by the Turkish
Privatization Administration.
Considering the nature of the service,
monopoly rights may be accorded to port
operators in the privatization process.
Other than port (terminal) operators who are
granted a concession through privatization,
these services can only be supplied by
juridical persons shares of which belong to
the Turkish nationals.
2) None
4) Unbound.
NT (Art. I-4)
LP (Art. X.1)
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required
1,3) Only Turkish nationals and juridical persons
shares of which belong to Turkish nationals can
supply
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
1,3) Other than port (terminal) operators who are
granted a concession through privatization, these
services can only be supplied by juridical persons
shares of which belong to the Turkish nationals.
[- Law No . 4046, Adopted on 27 November 1994,
Concerning Arrangements For The Implementation Of
Privatization (Article 37)
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
30 “Maritime agency personnel” are natural persons who are issued an identification card by the Ministry of Transport, Maritime Affairs and Communications to perform agency operations with
the port, customs, coastal, health and security authorities and other relevant institutions and organizations.
C. Air Transport Services
(a) Selling of air transport
services
(b) Computer reservation
systems
(c) Maintenance and repair of
aircraft (CPC 8868**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) Authorization from the Ministry of
Transport, Maritime Affairs and
Communications is necessary to
perform functions for the maintenance
and repair of aircraft.
4) Unbound except as indicated in the
horizontal section.
(d) Ground-handling services
1) Unbound*
2) None
3) Authorization from the Ministry of
Transport, Maritime Affairs and
Communications (a Type-A or a Type-C
License) is necessary to perform ground-
handling services to airline operators on
a fee or contract basis. Authorizations
are provided only to commercial
companies established in accordance
with the Turkish Commercial Code.
Type-A license can be obtained by
ground-handling companies or by
domestic airline operators to provide
ground-handling services to other airline
operators. Foreign airline operators
cannot provide ground-handling services
to other airline operators.
For a company to obtain a Type-A or a
Type-C license to provide ground-
handling services, a) the majority of the
persons authorized for the administration
and representation of the company must
be Turkish nationals; b) according to the
Articles of Association, Turkish
shareholders should hold the majority of
the voting rights.
Passenger handling, ramp handling, and
load-control and communication
services can only be provided by a
ground-handling company with a Type-
A license.
Catering services can only be provided
by ground-handling companies operating
within the airport, companies with a
catering service provision license, and
domestic airline operators. Foreign
airline operators cannot provide these
services.
(cont’d on next page)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1) Commercial presence is required.
3) For a company to provide ground-handling services:
a) the majority of the persons authorized for the
administration and representation of the company must
be Turkish nationals;
b) according to the Articles of Association, Turkish
shareholders should hold the majority of the voting
rights.
Foreign airline operators cannot provide ground-
handling services to other airline operators.
Foreign airline operators cannot provide catering
services.
4) The majority of the persons authorized for the
administration and representation of a ground-handling
company must be Turkish nationals.
[ - Turkish Civil Aviation Law (No. 2920)
- Civil Aviation Regulation No. 22 on Ground-handling
Services (SHY-22)]
Operation licenses may be limited in
number. In issuing an operation license,
criteria such as: runway, apron, taxiway
areas of the airport; air traffic capacity of
the airport; availability of parking and
workshop areas in the airport; existing
physical conditions of the airport and
forecasts on future market conditions;
and additional capacity needs are taken
into account.
4) The majority of the persons authorized
for the administration and representation
of a ground-handling company must be
Turkish nationals. Otherwise, unbound
except as indicated in the horizontal
section.
(e) Airport operation services
1) Unbound*
2) None
3) Airport operation services could be
provided through transfer of operational
rights of the state airports by leasing
(including built and transferred by
private sector entities through Built-
Operate-Transfer Model).
Transfer of operational rights by leasing
is rendered by the General Directorate of
State Airports Authority through tender
for a period of maximum 49 years.
Transferring of operation rights by
leasing is subject to the authorization by
the Ministry of Transport, Maritime
Affairs and Communications
4) Unbound except as indicated in the
horizontal section.
E. Rail Transport Services
(a) Passenger transportation
(only interurban passenger
transportation-CPC 71111)
(b) Freight transportation
(CPC 7112)
1) Unbound
2) None
3) Establishment as a commercial
company in accordance with the
Turkish Commercial Code is required
for obtaining authorization.
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1)
1) Establishment as a commercial company in
accordance with the Turkish Commercial Code is
required.
[Regulation on the Authorization of Railway
Operators, published on the Official Gazette dated
19.08.2016, no 29806]
F. Road Transport Services
(a) Passenger transportation
(CPC 7121 + 7122)
(b) Freight transportation
(CPC 7123)
(c) Rental of commercial
vehicles with operator (CPC
7124)
(d) Maintenance and repair of
road transport equipment
(CPC 6112+8867)
(e) Supporting services for road
transport services (CPC 744)
1) Unbound
2) None
3) Turkish nationality or being a legal
entity established under the relevant
Turkish laws are required for obtaining a
carrier licence.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
commercial section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required
2) None
3) For natural persons: Turkish nationality
is required.
For juridical persons: Unbound
4) Unbound
NT (Art. I-4)
NT (Art. I-4)
LP (Art. X.1)
3) Turkish nationality is required for natural persons to
obtain a carrier license.
[- Law no. 4925 on Road Transportation
- Regulation on Road Transport, Art. 12]
1) Establishment is required
3) For natural persons: Turkish nationality is required.
[Regulation on Road Transport, Art.12]
H. Services auxiliary to all
modes of transport
excluding maritime
auxiliary services
Cargo-handling services
(CPC 741), Storage and
warehouse services (CPC
742),Freight transport
agency services (CPC 748),
other services auxiliary to all
modes of transport (CPC
749)
Customs Clearance Services
1) Establishment is required
2) None
3) For natural persons: Turkish nationality
is required.
4) Unbound except as indicated in the
horizontal section.
1,3 ,4) For natural persons: Customs brokers
must be Turkish citizens.
For juridical persons: All the
stakeholders of a customs brokerage
company must be licensed customs
brokers who are Turkish citizens.
2) None
NT (Art. I-4)
LP (Art.X.1)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1)Establishment is required
3) For natural persons: Turkish nationality is required
[Regulation on Road Transport, Art.12]
1,3 ,4) For natural persons: Customs brokers must be
Turkish citizens.
For juridical persons: All the stakeholders of a customs
brokerage company must be licensed customs brokers
who are Turkish citizens.
[Customs Regulation (Articles 227 and 229)]
TURKEY –LIST OF MFN EXEMPTIONS
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
ALL SECTORS Turkey reserves the right to accord
differential treatment to any Party
or non-Party under any
international agreement signed
before or after the entry into force
of this Agreement and notified to
the World Trade Organization
(WTO) under Article V or Article
Vbis of the GATS.
All countries with which
agreements are or will be in
force.
Indefinite Desire to create favourable
conditions for greater economic
cooperation between Turkey
and its trading partners.
ALL SECTORS (a) Extending full national
treatment for the investments
of the nationals or companies
of countries with which a
Bilateral Investment Treaty
is concluded.
(b)(i) Executing the transfers, in
specific periods, of the
nationals and companies of
certain countries which made
investments in Turkey.
All countries with which
agreements are or will be in
force.
Belgium-Luxembourg,
Kuwait
Indefinite Desire to create favourable
conditions for a greater
economic cooperation between
Turkey and mentioned
countries and to encourage
investments by nationals and
companies of one country in the
territory of the other countries.
(ii) Granting foreign exchange
risk guarantee for certain
countries for the transfers
which are not realized due to
the difficulties in balance of
payments.
(c) Covering "trade risk" in
subrogation for one country.
Japan
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
(d) The agreements with three
countries, the MFN Articles
of which do not include the
derogation paragraphs
relating to the privileges
which are accorded to the
investors of the third
countries resulting from its
membership in or associated
with a free trade zone, an
economic cooperation, a
customs union or a common
market.
Japan, Bangladesh, Germany
ALL SECTORS
The restriction in the transfer
of the premiums for long-
term insurance schemes and
the employment of the
foreign country workers by
foreign companies is waived
for one country.
Libya
Indefinite
To ensure social security and
continuous employment of
Turkish workers in the
mentioned country.
ALL SECTORS
If the amount of the
consulate duties collected
from the Turkish nationals
by any country is higher than
the amounts written in the
tariff list, the amounts of
consulate duties which are
collected from the nationals
of that country will be
increased reciprocally.
All countries
Indefinite
Desire to ensure equal treatment
to Turkish nationals.
ALL SECTORS
On the condition that the
legal requirements are
observed and with the
condition of reciprocity, the
foreign real persons may
own real estate in Turkey by
acquisition or by inheritance.
All countries
Indefinite
To secure the right of Turkish
nationals to acquire real estates
in a foreign country.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Professional
Services
If any foreign country lays
down legal and
administrative conditions
against Turkish citizens for
performing arts and
supplying services, the
similar activities of the
citizens of that country may
be prohibited in Turkey.
All countries
Indefinite
Desire to create favourable
circumstances for Turkish
citizens to perform their
activities under equal
conditions in the other
countries.
Transportation
Services
The income and corporate
tax rates for the foreign road,
maritime and air transport
companies can reciprocally
be decreased down to zero or
increased to a new rate not
exceeding one fold of the
existing rate can be
determined, as a country by
country basis either for each
transportation mode or for all
modes of transportation.
All countries
Indefinite
Desire to facilitate and to lower
the costs of transportation
services between Turkey and
other countries.
Transportation
Services
Transit or bilateral
transportation services, can
be excluded from VAT.
This exception is granted,
with the condition of
reciprocity, to the related
countries' taxpayers who do
not have residence or their
legal and business centre in
Turkey.
All countries
Indefinite
Desire to lower costs and to
create favourable conditions for
the provision of services in this
sector.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Transportation
Services
To apply, on the basis of
reciprocity, restrictions,
prohibitions, different
treatment and different tariffs
to the goods and
transportation vehicles of the
countries which apply
restrictions, prohibitions and
different treatment to the
Turkish road, air and
maritime transportation
vehicles.
All countries
Indefinite
Desire to secure the smooth
functioning of mutual
transportation services.
Maritime Auxiliary
Services and
Services at the Port
To adopt or maintain any
measure that accords
differential treatment to
persons of other countries
due to application of
reciprocity.
All countries Indefinite
Desire to ensure equal treatment
to Turkish nationals.
Road Transport
Services
To grant, through
international road transport
agreements, and on the basis
of reciprocity, privileges
regarding quotas and fees, or
exemptions from the
permission procedures.
All countries with which
agreements are or will be in
force.
Indefinite
Desire to facilitate road
transport services between
Turkey and other countries.
Rail Transport
Services
The bilateral reduction in the
renting fees of railway
wagons of countries
mentioned aside (paragraph
a) and the application of
national treatment to tariff
rates on the reciprocal
transportation of goods with
the countries mentioned
aside (paragraph b).
a) Syria, Iraq, Iran, Lebanon
b) Commonwealth of
Independent States and the
Baltic Republics.
Indefinite
Desire to facilitate rail transport
services between Turkey and
other countries.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Accounting,
Auditing and Book-
keeping Services
In order to perform the
services under the title of
"financial advisor", the
nationals of the countries
which have officially
codified the principles for
the profession of financial
advisory may be authorized,
under reciprocal conditions,
provided that these persons
should have the
qualifications required for
the profession of financial
advisory in Turkey and
should have rights to
perform similar services in
their own countries.
All countries Indefinite
Desire to create favourable
conditions for Turkish financial
advisors to perform their jobs
under equal conditions all over
the world.
TRADE IN SERVICES AGREEMENT (TISA)
TURKEY
SECOND REVISED CONDITIONAL OFFER
1. This document contains the second revised conditional offer of Turkey in TISA negotiations. Included in this offer is are the Schedule of Specific
Commitments and the List of MFN Exemptions. The offer is conditional on securing improved commitments from TISA Parties in areas of interest to
Turkey, as well as attaining a meaningful and balanced outcome in the overall negotiations, including in the area of new and enhanced disciplines.
2. Turkey reserves the right to modify or withdraw this conditional offer, in whole or in part, at any time prior to the conclusion of negotiations. Turkey
further reserves the right to make technical changes to the Schedule to correct errors, omissions or inaccuracies.
2. This offer does not include any commitments or exemptions on Most Favoured Nation Treatment. The MFN Exemptions List will be supplemented to
this offer following the stabilization of the MFN Article.
3. This offer is prepared on the basis of the TISA Core Text as of 3 November 2015; further changes may be introduced to this Schedule as scheduling
related elements in the proposed new and enhanced disciplines are stabilized.
EXPLANATORY NOTES
1. Legal citations in Part I-Section B and Part II of this Schedule identify, for transparency purposes, existing measures inconsistent with the obligations on:
- National Treatment [NT] – (Article I-4 of the Core Text);
- Local Presence [LP] - (Article X.1 of the Annex on Localisation);
- Local Management and Board of Directors [LMBD] - (Article X.2 of the Annex on Localisation);
- Local Content and Other Performance Requirements [PR] - (Article X.3 of the Annex on Localisation);
- Senior Management and Board of Directors [SMBD] - (Article X.13of the Annex on Financial Services)
that apply to the entirety of the sector referred to in the entry, and are not limited to the scope of corresponding MA commitments. The measures stipulated
therein are not exhaustive; they cover the measure as amended, continued, or renewed as of the date of entry into force of this Agreement; and include any
subordinate measure adopted or maintained under the authority of and consistent with the measure.
For greater certainty, measures inconsistent with the obligations on:
- Movement of Information - (Article 2 of the Annex on Electronic Commerce);
- Location of Computing Facilities - (Article 8 of the Annex on Electronic Commerce);
- Transfer of Information - (Article 10 of the Annex on Financial Services); and/or
- Location of Computing Facilities - (Article 10bis of the Annex on Financial Services)
are inscribed against National Treatment obligation of the Core Text.
2. In identifying individual sectors and sub-sectors, where specified, CPC means the Central Product Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, No. 77, CPC Prov, 1991. In addition, a CPC code accompanied with double asterisks “**” indicate that "part
of" the sector is covered.
43. Turkey retains the right to exercise its powers and to regulate and introduce new regulations in order to meet national public policy objectives, which
include but are not limited to the policy objectives regarding security, public health, environment, personal data protection, consumer protection, prevention
of anti-competitive practices, and sustainable development.
In this respect, this Schedule does not include measures relating to qualification requirements and procedures, technical standards and licensing
requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles I-3 and I-4. Those
measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, and need to pass
specific examinations, including language examinations, and non-discriminatory requirements that certain activities may not be carried out in nature
protection zones, archaeological sites, or areas of particular historic, cultural and artistic value), even if not listed, apply in any case to services and service
suppliers of TISA Parties.
4. Nothing in this Schedule shall be construed to prejudice the enforcement of any measure under the foreign trade regime and related customs procedures of
Turkey with regard to goods, in compliance with international agreements Turkey is a party to. In this respect, with regard to service sectors, sub-sectors or
activities where importation and/or exportation of goods might be an integral part of the supply of services, such as distribution services, maintenance and
repair services, technical testing and analysis services, any relevant foreign trade and/or customs measure shall continue to apply, even if not listed, to
services and services suppliers of TiSA Parties.
5. In identifying individual sectors and sub sectors, where specified, CPC means the Central Product Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, No. 77, CPC Prov, 1991. In addition, a CPC code accompanied with double asterisks “**” indicate that "part
of" the sector is covered.
6. Turkey reserves the right to modify or withdraw its conditional offer and any subsequent conditional offer that might follow, in whole or in part, at any
time prior to the conclusion of negotiations. Turkey further reserves the right to make technical changes to the Schedule to correct errors, omissions or
inaccuracies.
75. The rights and obligations arising from this Agreement, including the schedule of commitments, shall have no self-executing effect and thus confer no
rights directly on individual natural or juridical persons.
8. Turkey reserves the right to introduce any necessary changes to this Schedule following the development of common Scheduling Guidelines for the
hybrid listing approach.
TURKEY - SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
PART I: HORIZONTAL COMMITMENTS - SECTION A
Turkey undertakes its specific commitments in accordance with Part II of the Agreement.
Sector or Sub-sector Mode Obligations Concerned Conditions, Limitations and Reservations
All sectors: Social services All
NT (Article I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
SMBD (Article X.13)
Turkey reserves the right to adopt or maintain any measure affecting the provision of public
law enforcement and correctional services and, to the extent they are social services
established or maintained for a public purpose, the provision of following services: income
security or insurance, social security or insurance, social welfare, public education, public
training, public utilities, public transport, public housing, health, child care, ambulance
services and firefighting.
All sectors: Disadvantaged
groups 3,4
NT (Article I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
SMBD (Article X.13)
Turkey reserves the right to adopt or maintain any measure that accords rights or preferences
to socially or economically disadvantaged groups, such as disabled persons and persons who
have rendered distinguished services to the state.
All sectors: Commercial
presence 3
NT (Art. I-4)
LMBD (Art X.2)
Turkey does not assume any commitment on reserves the right to adopt or maintain any
measure affecting the constitution of foundations, trusts, associations, or any other non-profit
organization in its territory by foreign natural or juridical persons. Turkey further reserves
the right to maintain, modify or adopt any measure affecting the supply of services by
individuals on a self employed basis.
All sectors: Real estate
acquisition 1, 3, 4
NT (Art. I-4)
Turkey reserves the right to adopt or maintain any measure regulate, modify or limit the
conditions of or to partially or fully withdraw or ban therelating to the conditions of
acquisition of land and real estate by foreign natural persons; or juridical persons which are
organized under the laws of a foreign government; or foreign invested companies in its
territory, where the acquisition of real estate is for purposes unrelated to the conduct of
business activities listed in the articles of association of their company have their
headquarters abroad and have no commercial presence in Turkey, in line with national
interests.
Turkey further reserves the right to regulate, modify or limit the conditions of or to partially
or fully withdraw or ban the real estate acquisition of foreign invested commercial
companies in its territory, where the acquisition of real estate is for purposes unrelated to the
conduct of business activities listed in the articles of association of their company.
All sectors: Subsidies
All sectors: Subsidies All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
With regard to service supply through modes 1, 2 and 4, Turkey reserves the right to adopt or
maintain, modify or adopt any measure with regardrelating to subsidies, or any conditions
attached to the receipt or continued receipt of such subsidies, whether or not such subsidies
are offered exclusively to domestic services, service consumers or service suppliers.
With regard to service supply through mode 3, Turkey reserves the right to adopt or
maintain, modify or adopt any measure which is not inconsistent with its commitments under
the GATS with respect to subsidies. In this regard, Turkey may restrict the eligibility for
subsidies to Turkish nationals and or juridical persons established within a particular
geographical subdivision of its territory.
Monopolies and public
utilities 1, 3 National Treatment (Art. I 4)
Turkey reserves the right to maintain public monopolies in postal services; railway
transportation and infrastructure; lotteries in cash, and football pools.
Turkey also reserves the right to subject economic activities considered as public utilities at
the national or local level to public monopolies or to exclusive rights granted to private
operators. Public utilities include such service activities as the distribution of energy and
water, and other activities considered as public services.
Privatization 3
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
Turkey reserves the right to adopt, or maintain or modify any measure affecting the:
- transfer or disposition of equity interests or assets held by state enterprises or governmental
authorities;
- delegation to private sector the authority to supply services that are provided in the exercise
of governmental authority at the time of entry into force of the Agreement.
Services supplied in the
exercise of governmental
authority
1, 3, 4 National Treatment (Art. I 4)
In addition, Turkey may adopt any measure regarding the provision of a service by private
entities which, at the time of entry into force of this Agreement, is provided in the exercise of
governmental authority.
All sectors, except
financial services:
Government procurement
All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure affecting or governing
the procurement by governmental agencies of services purchased for governmental purposes
and not with a view to commercial resale or with a view to use in the supply of services for
commercial sale. For financial services, Turkey’s commitments under Article X.6 (Financial
Services purchased by Public Entities) of the Annex on Financial Services apply.
All sectors: Supply of
services by the presence of
natural persons
4
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
SMBD (Art. X.13)
Turkey reserves the right to adopt, modify or maintain any measure affecting the supply of
services though presence of natural persons in its territory, without prejudice to the
provisions of Annex on Movement of Natural Persons. However, Turkey shall comply with
National Treatment (Art. I-4), Local Presence (Art X.1), Local Management and Board of
Directors (Art. X.3) and Senior Management and Board of Directors (Art. X.13) obligations
concerning the entry and temporary stay of natural persons in its territory for sectors where
MA commitments are undertaken on Mode 4 in Part I-Section B, unless conditions,
limitations or reservations are inscribed against these obligations in Part I-Section B or Part
II. entry and temporary stay of natural person categories not indicated in the Horizontal MA
Limitations section on Mode 4 in this schedule.
In addition, Turkey reserves the right to adopt, modify or maintain any measure affecting the
entry and temporary stay of intra corporate transferees, trainees, business visitors and
business service sellers in economic activities which are not liberalised pursuant to Article [I
3] (Market Access).
Turkey’s commitments on intra corporate transferees, trainees, business visitors and business
service sellers do not apply in cases where the intent or effect of their temporary stay is to
interfere with, or otherwise affect the outcome of, any labour/management dispute or
negotiation.
The professional services which are assigned only to Turkish citizens by specific laws cannot
be rendered by foreigners either as service providers or as the personnel of service providers.
On the other hand foreign citizens with Turkish origin may work in professions which are
assigned only to Turkish citizens with the permission obtained from the Ministry of Labour
and Social Security.
Legal services, other than
advisory services on
foreign and international
law (CPC 861**)
All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of legal services, other than advisory services on foreign and international law
(CPC 861**).
For further clarity, Turkish nationality is required for the provision of legal services by
notaries; lawyers providing legal representation, advisory and documentation services on
domestic law; arbitrators, conciliators, and other legal professionals entrusted with public
functions. Legal professionals of Turkish nationality hired by foreign law partnerships
cannot provide legal services, other than advisory services on foreign and international law
(CPC 861**).
Accounting, auditing and
bookkeeping services
(CPC 862).
1 National Treatment (Art. I 4) Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of accounting, auditing and bookkeeping services (CPC 862).
Taxation services (CPC
863) except for business
tax planning and
consulting services (CPC
86301).
All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of taxation services (CPC 863) except for business tax planning and consulting
services (CPC 86301).
Urban planning and
landscape architecture
services (CPC 8674).
All National Treatment (Art. I 4) Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of urban planning and landscape architecture services (CPC 8674).
Medical and dental
services (CPC 9312); and,
services provided by
midwives, nurses,
physiotherapists and para-
medical personnel (CPC
93191).
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of medical and dental services (CPC 9312); and, services provided by
midwives, nurses, physiotherapists and para-medical personnel (CPC 93191).
Veterinary services 1,3,4 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of veterinary services (CPC 932) except for the provision of veterinary services
through the establishment of animal hospitals in its territory subject to limitations and
conditions stated in Part II of this Schedule.
Any other professional
service not included
elsewhere in the CPC
prov. 1991.
All National Treatment (Art. I 4)
1,2,3,4) Turkey reserves the right to maintain, modify or adopt any measure with respect to
the provision of any other professional service not included elsewhere in the CPC prov.
1991.
Computer and related
services All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of data base services, including data storage, data hosting and web hosting services
(CPC 844);and other computer services except for “training services for staff of clients”
falling under CPC 8499, but including data preparation services (CPC 849*).
Computer and related
services 1, 2 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of maintenance and repair services of office machinery and equipment including
computers (CPC 845).
Research and development
services All
NT (Art. I-4)
LP (Art. X.1)
PR (Art. X.3)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of R&D services financed in whole or in part by public funds; as well as, R&D
services on biology (85102**) and agricultural sciences (85104), social sciences and
humanities (CPC 852) and interdisciplinary R&D services (CPC 853).
Real estate services All1,3,4 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of real estate services involving own or leased property (CPC 821); and real estate
services on a fee or contract basis (CPC 822).
Leasing and Rental
Services Without Operator 1 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of leasing and rental services concerning machinery and equipment without
operator (CPC 831); and, leasing and rental services concerning personal and household
goods (CPC (832).
Technical testing and
analysis services
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure affecting the
supply of technical testing and analysis services (CPC 8676), except for the supply of
servicessub-sectors where MA commitments are undertaken in Part II. in its territory through
commercial presence, in the following sub sectors:
Inspection, testing and analysis services of air, water, noise level and vibration level
(CPC 86761 part of)
Testing and analysis services of physical properties (CPC 86762)
Testing and analysis services of integrated mechanical and electrical components (CPC
86763): Turkey reserves its right to apply economic needs tests.
Technical inspection services (CPC 86764)
Notwithstanding the above, Turkey reserves the right to adopt or maintain any measure
affecting the supply of technical testing and analysis services relating to the construction
sector, including measures affecting construction and building control activities performed to
ensure that the whole construction process, as well as the construction materials used as
inputs in the construction, are in conformity with the technical specifications and standards
specified by relevant laws and regulations.
Maintenance and repair of
equipment (CPC
633+8861 8866).
1, 2 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure affecting the supply of
maintenance and repair of equipment (not including maritime vessels, aircraft or other
transport equipment) (CPC 633+8861 8866).
Convention services 1 National Treatment (Art. I 4) Turkey reserves the right to adopt or maintain commercial presence requirement for the
provision of convention services (CPC 87909**)
Other business services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of:
- Public opinion polling services (CPC 864*)
Arbitration and conciliation services (CPC 86602)
- Services incidental to agriculture (CPC 881*)
- Services incidental to forestry (CPC 881*)
- Services incidental to fishing (CPC 882)
Services incidental to manufacturing (CPC 884+885 except for 88442)
- Services incidental to energy distribution (CPC 887)
- Placement and supply services of personnel (CPC 872)
Investigation and security services (CPC 873)
- Related scientific and technical consulting services (CPC 8675)
- Specialty photography services (CPC 87504)
- Publishing services of newspapers, magazines and publications of news agencies (CPC
88442**)
- Sworn/certified translation services (CPC 87905**)
Other business services not included elsewhere (CPC 8790), except for convention services
(87909**) and translation and interpretation services other than sworn/certified translation
services (87905**).
Postal Services (CPC
7511)
1, 3 National Treatment (Art. I 4)
Turkey reserves the right to maintain a public monopoly in the postal sector; and further
reserves the right to adopt, maintain or modify any measure constituting a limitation on the
number of service suppliers in the sector, whether in the form of numerical quotas,
monopolies, exclusive service suppliers or the requirements of an economic needs test.
Postal Services (CPC
7511) 4 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of postal services (CPC 7511).
Audio-visual services:
Broadcasting
All NT (Art. I-4)
Turkey reserves the right to adopt or maintain any measure affecting the supply of
broadcasting services into and within its territory. For the purposes of this Schedule,
broadcasting covers the transmission of signs or signals via any technology for the reception
and/or display of aural and/or visual programme signals by all or part of the general public.
Distribution services All NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of distribution services.
This reservation does not apply to retailing services, including through franchising, where
MA commitments are undertaken in Part II.to the extent that these are supplied through
modes 2, 3 and 4 in the following sectors:
Food retailing services (CPC 631);
Non food retailing services (CPC 632);
Retail sales of motor vehicles (CPC 61112);
Retailing services of parts and accessories of motor vehicles (CPC 61130**); and
Retailing services of motorcycles and snowmobiles and related parts and accessories
(CPC 61210**);
but excluding the following sub sectors:
Retail sales of alcoholic beverages not consumed on the spot (CPC 63107**);
Retail sales of tobacco products CPC 63108);
Retail sales of pharmaceutical goods (CPC 63211);
Retail sales of optical goods (CPC 63254**),
Retail sales of seeds, fertilizers, pesticides and preparations of a kind used in animal
feeding (63295**);
Retail sales of coal and wood (CPC 63297);
Retail sales of Instruments and appliances for measuring electricity, gas and liquid
(CPC 482**); and
Retail sales of taximeters.
In addition, Turkey reserves the right to adopt, maintain or modify any measure affecting the
supply of any product subject to import prohibition or non automatic import licensing.
Educational services: adult
education All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of adult education services (CPC 924).
Educational services:
higher education 3, 4 National Treatment (Art. I 4)
With respect to provision of higher education services (CPC 923), Turkey reserves the right
to maintain the limitation that private universities [“non profit foundation higher education
institutions (vakıf yükseköğretim kurumları)”] be established only by foundations constituted
under Turkish Civil Code, and through the enactment of a specific Law.
Environmental services 1 National Treatment (Art. I 4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of environmental services. sewage services (CPC 9401); refuse disposal
services (CPC 9402); sanitation and similar services (CPC 9403); cleaning services of
exhaust gases (CPC 9404); and noise abatement services (CPC 9405).
Environmental services All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of nature and landscape protection services (CPC 9406); and any other
environmental service not included elsewhere (CPC 9409).
Financial Services:
Insurance and insurance
related services
1, 2 National Treatment (Art. I 4)
Turkey reserves the right to limit the eligibility for tax benefits provided to employers and
wage earners by way of deduction of a certain percentage of life insurance premiums from
gross income, so as to ensure that tax benefits would be provided only when the life
insurance policies are concluded with the insurance companies or branches of foreign
insurance companies established in Turkey.
Financial Services:
Insurance and insurance
related services
1, 2 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of non-life insurance services, except for:
(a) The hull insurance of aircrafts, helicopters and ships which are purchased through a
foreign loan or leased through a financial leasing contract from abroad, provided that the
insurance period is limited to the term of the credit or leasing contract;
(b) Marine liability insurance;
(c) Transportation insurance of imported and exported goods;
(d) Personal injury, sickness, health and motor vehicle insurance, limited to the time during
which people will be abroad or temporarily staying abroad,
(e) Insurance of ships and yachts registered with the Turkish International Maritime
Registry.
Financial Services:
Insurance and insurance
related services
1, 2, 4 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision, by adjusters and actuaries, of services auxiliary to insurance, such as
consultancy, actuarial, risk assessment and claim services.
Banking and other
financial services (excl.
insurance)
1 NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of banking and other financial services (excl. insurance) except for the
provision and transfer of financial information; and, advisory and other auxiliary financial
services on all the activities listed in Article X.2(a)(v)-(xv) of Annex on Financial Services
(Definitions).
Banking and other
financial services (excl.
insurance)
3 National Treatment (Art. I 4)
With respect to banking, Turkey reserves the right to maintain the requirement that lending
limits for the branches of foreign banks be based on branch capital rather than worldwide
capital.
Banking and other
financial services (excl.
insurance)
3 National Treatment (Art. I 4)
With regard to the securities market, Turkey reserves the right to maintain, modify or adopt
any measure with respect to the establishment of branches and representative (liaison) offices
of foreign securities intermediary institutions.
Banking and other
financial services (excl.
insurance)
All National Treatment (Art. I 4)
With respect to data processing and [provision and transfer of] related software by suppliers
of other financial services mandatory localization requirements apply. In this regard, Turkey
reserves the right to maintain the obligation that financial service suppliers establish and
maintain their data processing centres (both primary information systems1 and their backups)
in Turkey for the storage and processing of data.
Health related and social
Services: hospital services
1, 4 National Treatment (Art. I 4) Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of hospital services (CPC 9311).
Health related and social
Services All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of other human health services (CPC 9319 other than 93191); social services (CPC
933); and any other health related and social service not included elsewhere.
Tourism and travel related
services 1, 3, 4 National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of tourist guides services (CPC 7472). For further clarity, nationality requirement
applies for the tourist guides.
Recreational, cultural and
sporting services
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
PR (Art. X.3)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of recreational, cultural and sporting services (other than audio-visual
services), including entertainment services (including theatre, live bands and circus services)
(CPC 9619); news agency services (CPC 962); libraries, archives, museums, and other
cultural services (CPC 963); sporting and other recreational services (CPC 964); and any
other recreational, cultural and sporting service not included elsewhere.
1 Information systems are comprised of infrastructure, hardware, software and data which ensure the execution of financial active ities as well as the recording and use of information in electronic
media in a secure manner and as to be accessed when needed.
Maritime transport:
cabotage All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with regard to
the provision of activities falling within maritime cabotage services as defined in the
domestic legislation2, including but not limited to: feeder services, related to transport of
international cargo and transport of equipment including empty containers for international
trade between two points located in Turkish shores; as well as and, maritime offshoretransport
services, as defined in the Annex on Maritime Transportin relation to offshore exploration and
exploitation of natural resources under Turkish jurisdiction.
Maritime auxiliary
services and services at the
port
All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain any measure that accords differential treatment
to persons of other countries due to application of reciprocity.
Maritime transport:
pushing and towing
services
All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of pushing and towing services (CPC 7214), including anchor handling; servicing
offshore exploration and exploitation of natural resources, and any other related service.
Maritime agency services All National Treatment (Art. I 4) Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of maritime agency services.
Internal waterways
transport All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of internal waterways transport; including passenger (CPC 7221) and freight (CPC
7222) transportation; rental of vessels with crew (CPC 7223); and pushing and towing
services (CPC (7224).
Supporting services for
water transport All National Treatment (Art. I 4)
Turkey also reserves the right to maintain, modify or adopt any measure with respect to the
provision of supporting services for water (maritime and internal waterways) transport (CPC
745); including port and waterway operation services (excl. cargo handling) (CPC 7451);
pilotage and berthing services (CPC 7452); navigation aid services (CPC 7453); vessel
salvage and refloating services (CPC 7454); and other supporting services for water transport
(CPC 7459).
2 According to the “Law Concerning Coastal Shipping (Cabotage) along Turkish Shores and Performance of Trade and Business in Turkish Ports and Territorial Waters” (Law No: 815), the right
to transport goods and passengers from one point to another along Turkish shores and to perform towing and piloting, and all other port services of any type, whatsoever, within or between
Turkish ports and shores shall belong exclusively to ships and vessels that fly the Turkish flag in accordance with Article 940 of the Turkish Commercial Code (Law No. 6102), and, to Turkish
nationals. For further clarification, this Schedule does not establish any right for natural person service suppliers for the conduct of activities falling under cabotage rights as stipulated in the “Law
Concerning Coastal Shipping (Cabotage) along Turkish Shores and Performance of Trade and Business in Turkish Ports and Territorial Waters”; these activities are reserved for Turkish nationals.
These activities include: the right to perform trade in rivers and lakes, in the Marmara Sea and the Straits, in continentalterritorial waters, and in gulfs, ports, bays and the like within
continentalterritorial waters, by means of fixed or floating vessels such as ships, tugboats, steamboats, motorboats, barges, lighters, rowboats and, in brief, all types or large or small vessels driven
by machinery, sail or oars, and/or dredges, cranes, crane barges, flat-bottomed boats, transport and water boats, salvage vessels, buoys, pontoons, rafts or the like, and by performing navigation and
transportation using the same. In addition, the right to catch or obtain fish, oysters, mussels, sponges, pearls, coral, mother-or-pearl and the like, extract sand, gravel and the like, extract and
salvage sunken ships and vessels or shipwrecks and the like either on the surface or on the bottom of the sea, perform diving, searching, piloting and maritime supply, work as captain, engineer,
secretary, crew or workman or in another capacity on Turkish maritime vessels, and carry out wharf porterage or any type of maritime business, within Turkish continentalterritorial waters,
belongs exclusively to Turkish nationals.
Air transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of air transport services, as set out in the Annex on Air Transport Services,
except for the selling of air transport services; computer reservation systems (CRS) services,
maintenance and repair of aircraft, and ground-handling services.
Space transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of space transport services (CPC 733).
Rail transport services 1,3 National Treatment (Art. I 4) With respect to passenger and freight transportation (CPC 7111+7112), Turkey reserves the
right to maintain a public monopoly for domestic rail transportation services.
Rail transport services All
NT (Art. I-4)
LP (Art. X.1)
Turkey reserves the right to adopt or maintain, modify or adopt any measure with respect to
the provision of pushing and towing services (CPC 7113); maintenance and repair of rail
transport equipment (8868**); and supporting services for rail transport services (CPC 743).
Road transport services 1
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Without prejudice to the provisions of Annex on Road Transport Services, Turkey reserves
the right to adopt or maintain, modify or adopt any measure with respect to international road
freight transport services as defined in the Annex the provision of passenger and freight
transportation services (CPC 7121 and+7122; 7123)., and rental of commercial vehicles with
operator (CPC 7124); without prejudice to the provisions of Annex on Road Transport.
Road transport services All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of rental of commercial vehicles with operator (CPC 7124); and supporting
services for road transport services (CPC 744).
Road transport services 1, 2 National Treatment (Art. I 4) Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of maintenance and repair of road transport equipment (CPC 6112+8867).
Pipeline transport All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of pipeline transport services, including transportation of fuels (CPC 7131) and
transportation of other goods (CPC 7139).
Services auxiliary to all
modes of transport
All National Treatment (Art. I 4)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of cargo handling services (CPC 741); storage and warehousing services (CPC
742); container station and depot services; customs clearance services; freight transport
agency services (CPC 7480); and other services auxiliary to all modes of transport (CPC
7490).
Other transport services All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of any other transport services including combined transport.
Other services (CPC
95+97+98+99) All
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Turkey reserves the right to maintain, modify or adopt any measure with respect to the
provision of services included under CPC 95,97, 98, and 99.
PART I: HORIZONTAL COMMITMENTS-SECTION B
Sector or
Sub-sector Mode Market Access Commitments Obligations Concerned Conditions, Limitations and Reservations
All sectors 3, 4
NT (Art. I-4)
Appointment of a fully authorized commercial
representative who is domiciled in Turkey is required
when commercial companies headquartered
abroadorganized under the laws of a foreign government
open branches in Turkey.
[Turkish Commercial Code (Law No. 6102), Art. 40]
All sectors:
Collection,
transfer,
processing,
storage of data
All
NT (Art. I-4)
Collection, transfer, processing and storage of personal
data is subject to the provisions of Law no. 6698 on the
Protection of Personal Data.
In addition, data is required to be stored in the territory
of Turkey in the following cases:
- Taxpayers are obliged to store the electronic books of
accounts and other electronic records, documents and
reports (including, inter alia, e-invoices and e-tickets)
that they are required to keep pursuant to Tax Procedure
Law, at their own computing centres within the territory
of Turkey, or at locations where Turkish legislation
apply. The electronic documents, reports or records
stored by third parties or stored abroad do not have legal
validity before the Revenue Administration. However,
this requirement does not prevent the taxpayers from
having a secondary archive outside the Turkish territory.
The Revenue Administration has the authority to
determine and modify the scope of data to be kept
electronically by the taxpayers, and the standards and
technical requirements regarding the storage of data.
[Tax Procedure Law (Law no. 213) and the
Communiqué no. 397, Art. 6; Communiqué no. 431, Art.
7(3); Communiqué no. 433, Art. 9(h), and Communiqué
no 462, section 11 under the Tax Procedure Law; and
Electronic Books of Accounts Communiqué no. 1, section
4.1(d)]
- Service providers and intermediary service providers
are responsible for the protection of personal data
obtained during the transactions made in accordance
with the Law no. 6563 on E-Commerce. Such personal
data cannot be disclosed to third persons or used for any
other purposes without the explicit consent of the
relevant person. [Law no. 6563 on the Regulation of
Electronic Commerce, Art. 10]
(cont’d on next page.)
- Without prejudice to the legislation on the protection of
personal data, location data and traffic data within the
context of electronic communications can be transferred
abroad only upon the explicit consent of the relevant
person. [Law No. 5809 Electronic Communications,
Art.51(6)]
- Electronic certificate3 service suppliers are obliged to
generate certificate, signature creation and verification
data within the territory of Turkey and are not allowed to
transfer signature creation data abroad by any means.
[By-law on the Procedures and Principles Pertaining to
the Implementation of Electronic Signature Law, Art.
18.(1)]
- Registered electronic mail (REM)4 service suppliers are
obliged to keep the main and backup REM systems
within the territory of Turkey. [By-law on the
Procedures and Principles Pertaining to the Registered
Email System, Art. 16.(1)]
- Financial service suppliers are obliged to maintain their
computing centres (both primary information systems5
and their backups) within the territory of Turkey.
[-Insurance Law no. 5684;
-Private Pension Savings and Investment System Law no.
4632;
-Regulation on Internal Systems of Insurance,
Reinsurance and Pension Companies
-Banking Law no. 5411 and Regulations on Banking
Law;
-Bank Cards and Credit Cards Law no. 5464 and the
Regulation on Bank Cards and Credit Cards;
-Law on Payments and Securities Settlement Systems,
Payment Services and Electronic Money Institutions
No.6493 and Regulation on Payments and Securities
Settlement Systems, Payment Services and Electronic
Money Institutions;
-CMB Communiqué on Principles Regarding Investment
Services, Activities and Ancillary Services;
-CMB Guidelines on Investment Services, Investment
Activities and Investment Companies]
3 Electronic certificate means electronic data binding the signature verification data of the signature owner to the identity data of that person. 4 Registered electronic mail (REM) is an enhanced form of mail transmitted by electronic means (e-mail) which provides evidence relating to the handling of an e-mail including proof of
submission and delivery. 5 Information systems are comprised of infrastructure, hardware, software and data which ensure the execution of financial activities as well as the recording and use of information in electronic
media in a secure manner and as to be accessed when needed.
All Sectors All PR (Art. X.3) Any existing measure inconsistent with Article X.3 of
the Annex on Localisation.
All sectors:
commercial
presence
3
Companies established organised under the laws
of a foreign countries government are required
to obtain authorization from the Ministry of
Economy to open representative (liaison)
offices. Representative (liaison) offices cannot
engage in commercial activities in Turkey.
Unbound for the constitution of foundations,
trusts, associations and any other non-profit
organizations, as well as provision of services
on a self employed basis in the territory of
Turkey.
NT (Art. I-4) Representative (liaison) offices cannot engage in
commercial activities in Turkey.
[Foreign Direct Investment Law No. 4875, Art. 3(h)]
All sectors:
real estate
acquisition
3
Foreign invested commercial companies are
permitted to acquire real estate in Turkey,
provided that the real estate to be acquired is
related to business activities listed in their
aArticles of aAssociation.
NT (Art. I-4) Foreign invested commercial companies can only
acquire real estate in Turkey on the condition that the
real estate to be acquired is related to business activities
listed in their Articles of Association.
[Land Registry Law No. 2644, Art. 36]
All sectors:
real estate
acquisition
1, 3, 4
The Council of Ministers has the authority to
determine, modify or limit the conditions of
and/or to partially or fully withdraw or ban the
right to real estate acquisition by foreign natural
persons and juridical persons which have their
headquarters abroadorganised under the laws of
a foreign government and have no commercial
presence in Turkey, in line with national
interests.
All sectors:
Monopolies
and public
utilities
1, 3
The following sectors are closed to private
investments because of the existence of public
monopolies: postal services; railway
transportation and infrastructure; electricity
transmission; lotteries in cash, football pools.
Economic activities considered as public
utilities at the national or local level may be
subject to public monopolies or to exclusive
rights granted to private operators. Public
utilities include such service activities as the
distribution of energy and water, and other
activities considered as public services.
All sectors:
privatization
and services
supplied in the
exercise of
governmental
authority
3
Turkey may adopt any measure affecting the
transfer or disposition of equity interests or
assets held by state enterprises or governmental
authorities.
In addition, Turkey may adopt any measure
regarding the provision of a service by private
entities which, at the time of entry into force of
this Agreement, is provided in the exercise of
governmental authority.
All sectors:
government
procurement
All
Turkey may adopt any measure affecting or
governing the procurement by governmental
agencies of services purchased for governmental
purposes and not with a view to commercial
resale or with a view to use in the supply of
services for commercial sale. However, for
financial services, Turkey’s commitments under
Article X.6 (Financial Services purchased by
Public Entities) of the Annex on Financial
Services apply.
All sectors 4
Unbound except for measures concerning the
entry and temporary stay of natural persons in
the following categories:
I. Intra-corporate transferees are natural
persons who have been employed by a juridical
person of a Party for at least one year and who
are temporarily transferred to one of its
subsidiaries, affiliates or branches in the
territory of Turkey. The natural person
concerned shall belong to one of the following
categories.
Executives-Managers:
Natural persons working in a senior position
within a juridical person, who primarily direct
the management of the company, receiving
general supervision or direction principally
from the board of directors or shareholders of
the business or their equivalents, including:
(A) directing the company or a department or
sub-division thereof;
(B) supervising and controlling the work of
other supervisory, professional or managerial
employees; and
(C) having the authority personally to recruit
and dismiss or recommend recruiting,
dismissing or other personnel actions.
Specialists:
Natural persons working within a juridical
person, and who possess uncommon
knowledge essential to the company’s
production, research equipment, techniques or
management. In assessing such knowledge,
account will be taken not only of knowledge
specific to the company, but also of whether
the person has a high level of qualification
referring to a type of work or trade requiring
specific technical knowledge, including
membership of an accredited profession.
II. Trainees: means natural persons who have
been employed by a juridical person of a Party
for at least one year, who possess a university
degree and who are temporarily transferred to
one of its subsidiaries, affiliates, or branches in
the territory of Turkey for career development
purposes or to obtain training in business
techniques or methods.6
III. Business visitors are natural persons
working in a senior position within a juridical
person of a Party and who are responsible for
setting up a subsidiary, affiliate or branch in the
territory of Turkey. They do not engage in direct
transactions with the general public and do not
receive remuneration from a source located in
Turkey.
IV. Business Service Sellers: means natural
persons who are representatives of a service
supplier of a Party seeking temporary entry into
the territory of Turkey for the purpose of
negotiating the sale of services or entering into
agreements to sell services for that service
supplier. They do not engage in making direct
sales to the general public and do not receive
remuneration from a source located within
Turkey.
6 The recipient company may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training
corresponding to the level of a university degree.
Intra-corporate transferees and trainees need
to obtain a work permit from the Ministry of
Labour and Social Security in accordance with
the legislation on the employment of foreigners.
The work permits may be issued, in accordance
with respective laws, regulations and
requirements of Turkey, for a period of up to
one year. Turkey may authorise an extension for
the period allowed in conformity with the laws
and regulations in force in its territory.
Business visitors and business service sellers
are not required to obtain work permits. The
entry and temporary stay of business visitors
and business service sellers may be permitted,
in accordance with respective laws, regulations
and requirements of Turkey, for a period of up
to 90 days within 180 days.
NT (Art. I-4) Intra-corporate transferees and trainees are required to
obtain a work permit, which is issued for a period of up
to one year.
[International Labour Law No. 6735, Art. 10]
The entry and temporary stay of business visitors and
business service sellers is permitted for a period of up to
90 days within 180 days.
[Law on Foreigners and International Protection,
Art. 11]
All sectors All3, 4
Foreign engineers and architects may engage in
the provision of engineering and architecture
services in Turkey only after becoming a
temporary member of the related professional
chamber under the Union of Chambers of
Turkish Engineers and Architects.
National Treatment (Art. I 4) Foreign engineers and architects are required to obtain
temporary membership to the related professional
chamber under the Union of Chambers of Turkish
Engineers and Architects for engaging in the provision of
engineering and architectural services in Turkey.
PART II. SECTOR SPECIFIC COMMITMENTS
Sector or Sub-sector Market Access Commitments Obligations Concerned Conditions, Limitations and Reservations
1. BUSINESS SERVICES
A. Professional Services
(a) Legal services7
(i) Domestic law (host-country
law)
Legal advisory and
representational services,
legal arbitration, conciliation
and mediation services.
1)Unbound
2) None
3) Unbound
4)Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1,2,3,4) With regard to supply of “legal services”, the
following activities are reserved to Turkish “attorneys
at law (avukat)” enrolled with bar associations:
- Legal representation, advisory and documentation
services on domestic law,
- Litigation and representation of natural or legal
persons before Turkish courts, arbitrators,
conciliators or other bodies empowered with
jurisdictional functions; and, preparation of all
relevant legal documents.
Use of the professional title “avukat (attorney at law)”
is reserved for Turkish nationals enrolled with Turkish
Bar Associations.
[- Attorneyship Law No. 1136;
- Regulation on Attorney Partnerships by Turkish Bar
Association)
- Law No. 6325 on Arbitration and Conciliation for the
Settlement of Legal Disputes]
7
For the purposes of this entry:
‘domestic law (host-country law)’ – the law of Turkey.
‘foreign law (home-country law)’ – the law of the territories of TiSA Parties and other countries other than the law of Turkey.
‘international law’ – includes law established by international treaties and conventions, as well as customary law. ‘legal advisory services’ – includes provision of advice to and consultation with clients in matters, including transactions, relationships and disputes, involving the application or interpretation of law; participation with
or on behalf of clients in negotiations and other dealings with third parties in such matters; and preparation of documents governed in whole or in part by law, and the verification of documents of any kind for purposes
of and in accordance with the requirements of law. Does not include advice, consultation and documentation services performed by service suppliers entrusted with public functions, such as notary services, or services provided by patent or trade mark attorneys.
‘legal representational services’ – includes preparation of documents intended to be submitted to courts, administrative agencies, and other duly constituted official tribunals in matters involving the application and
interpretation of law; and appearance before courts, administrative agencies, and other duly constituted official tribunals in matters involving the application and interpretation of the specified body of law. (Footnote 1:
The inclusion of representational services before administrative agencies and other duly constituted official tribunals within the context of legal services does not necessarily mean that a licensed lawyer must supply
such services in all cases. The precise scope of services subject to licensing requirements is subject to the discretion of the relevant regulatory authority.) Does not include documentation services performed by service
suppliers entrusted with public functions, such as notary services, or services provided by patent or trade mark attorneys. ‘legal arbitration, conciliation and mediation services’ – preparation of documents to be submitted to, preparation for and appearance before, an arbitrator, conciliator or mediator in any dispute involving the
application and interpretation of law. As a sub-category, international legal arbitration, conciliation or mediation services refers to the same services when the dispute involves parties from two or more countries.
For the purposes of these definitions: ‘arbitration’ is taken to mean a process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner (the arbitrator) who makes a determination.
‘mediation’ is taken to mean a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and
endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.
‘conciliation’ is taken to mean a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and
endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an
agreement.
(ii) Foreign Law (home-country
law)
Legal advisory services and
(in relation to foreign law
only) legal arbitration,
conciliation and mediation
services.
(iii) International Law
Legal advisory services and
(in relation to international
law only) legal arbitration,
conciliation and mediation
services.
1) None
2) None
3) For the supply of “advisory services on
foreign and international law” by foreign
lawyers, establishment in the form of
“foreign attorney partnership (yabancı
avukatlık ortaklığı)” is required. Foreign
lawyers may establish such partnerships
either among themselves or with Turkish
attorneys.
4) Unbound except as indicated in the
horizontal section.
NT (Art. I-4)
3) Establishment in the form of “foreign attorney
partnership (yabancı avukatlık ortaklığı)” is required.
Use of the professional title “avukat (attorney at law)”
is reserved for the Turkish nationals enrolled with
Turkish Bar Associations.
[- Attorneyship Law No. 1136;
- Regulation on Attorney Partnerships by Turkish Bar
Association;
- Law No. 6325 on Arbitration and Conciliation for the
Settlement of Legal Disputes]
(a) Legal services (advisory
services on foreign and
International Law only)
(CPC 861**)
1) None
2) None
3) For the supply of “advisory services on
foreign and international law” by foreign
lawyers, establishment in the form of
“foreign attorney partnership (yabancı
avukatlık ortaklığı)” is required. Foreign
lawyers may establish such partnerships
either among themselves or with Turkish
attorneys.
4) Unbound except as indicated in the
horizontal section.
NT (Art. I 4)
3) Establishment in the form of “foreign attorney
partnership (yabancı avukatlık ortaklığı)” is required.
(b) Accounting, auditing and
bookkeeping services (CPC
862)
1) Unbound
2) None
3) Authorized financial advisers8 may
associate their works in the form of a
“partnership office (adi ortaklık)” or an
“equity company9 (sermaye şirketi)” in
accordance with the Turkish
Commercial Code after becoming a
member of the related Chamber.
Foreign auditing firms may carry out
independent audit in Turkey on the
condition that they are authorized by
Public Oversight, Auditing and
Accounting Standards Authority, in
accordance with the principle of
reciprocity.
Auditing firms are required to be
established as “equity companies” in
accordance with the Turkish
Commercial Code. Auditing firms that
will perform the audits of capital market
institutions are required to be established
as “joint-stock corporations”.
For an audit firm to be authorized:
- Majority of its capital and voting
rights shall be owned by auditors,
and all the partners of the firm shall
be members of profession.10
- The members of its managing body
shall be entirely composed of the
members of profession; and
majority of them, but provided that
this ratio does not exceed seventy-
five percent, shall be the auditors
permanently employed by it. 4) Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
3, 4) Only financial advisers (“certified public
accountants (serbest muhasebeci mali müşavir)”) and
“sworn-in public accountants (yeminli mali müşavir)”
can supply accounting, auditing and bookkeeping
services. Turkish nationality is required for both
professions. However, the nationality requirement can
be waived for financial advisers For the provision of
accounting, auditing and bookkeeping services,
authorization of foreign financial advisers is subject to
reciprocity condition. , and aApproval of the Prime
Minister upon the proposal of the Ministry of Finance
is required for the authorization of financial advisors in
such a case.
Commercial presence by authorized natural person
financial advisers is permitted only in the form of a
partnership office or an equity company among
authorized financial advisers, and on the condition of
being a member to related Chamber. Foreign titles and
names cannot be used in the titles of partnerships or
equity companies among Turkish and foreign financial
advisers.
In addition, foreign auditing firms and auditors may
carry out independent audit in Turkey on the condition
that they are authorized by Public Oversight, Auditing
and Accounting Standards Authority, in accordance
with the principle of reciprocity.
For an audit firm to be authorized:
- Majority of its capital and voting rights shall be
owned by auditors, and all the partners of the firm
shall be members of profession.11
- The members of its managing body shall be entirely
composed of the members of profession; and
majority of them, but provided that this ratio does
not exceed seventy-five percent, shall be the auditors
permanently employed by it.
8 The term “financial adviser” used in this entry refers to a “Certified Public Accountant (Serbest Muhasebeci Mali Müşavir)” pursuant to the “Law No. 3568 on Certified Public
Accountants and Sworn-In Public Accountants”. Foreign financial advisers can be authorized, under reciprocity condition, by the approval of the Prime Minister upon the
proposal of the Ministry of Finance. 9 Equity company types are “joint-stock corporation (anonim şirket)”, “limited liability company (limited şirket)” and “partnership limited by shares (sermayesi paylara bölünmüş komandit
şirket)”.
4) Turkish nationality is required for “certified public
accountants (serbest muhasebeci mali müşavir)” and
“sworn in public accountants (yeminli mali müşavir)”
for the provision of accounting, auditing and
bookkeeping services.
[- Law No. 3568 on Certified Public Accountants and
Sworn-In Public Accountants;
- Turkish Commercial Code (Law No: 6102)
- Statutory Decree (No. 660) on the Organization and
Duties of Public Oversight, Accounting and Auditing
Standards Authority;
- By Law on Independent Audit;
- Circular No. 1996/2 by the Chambers of Certified
Public Accountants and Sworn in Public Accountants
(TÜRMOB)]
(c) Taxation Services
- Business tax planning
and consulting services
(CPC 86301)
Business tax
preparation and review
services (CPC 86302)
Individual tax
preparation and
planning services (CPC
86303)
Other tax related
services (CPC 86309)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1, 3, 4) Only “sworn-in public accountants” can supply
taxation services other than business tax planning and
consulting services. Turkish nationality is required.
[-Tax Procedure Law no. 213 and related
Communiqués;
-Law No. 3568 on Certified Public Accountants and
Sworn-In Public Accountants]
10 ”Members of profession” are “certified public accountants (serbest muhasebeci mali müşavir)” or “sworn-in public accountants (yeminli mali müşavir)” pursuant to the Law No. 3568; and
Turkish nationality requirement exists for members of profession. 11 ”Members of profession” are “certified public accountants (serbest muhasebeci mali müşavir)” or “sworn-in public accountants (yeminli mali müşavir)” pursuant to the Law No. 3568; and
Turkish nationality requirement exists for members of profession.
(d) Architectural services
(CPC 8671)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(e) Engineering services (CPC
8672)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(f) Integrated engineering
services (CPC 8673)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(g) Urban planning and
landscape architecture
services (CPC 8674)
1) UnboundNone
2) UnboundNone
3) UnboundNone
4) Unbound except as indicated in the
horizontal section.
(h) Medical and dental services
(CPC 9312)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(i) Veterinary services (CPC
932)
1) UnboundNone
2) None
3) Unbound except for animal hospitals.
Wholly foreign owned animal hospitals
can be established in Turkey on the
condition that all the veterinaries
employed are Turkish nationals.
Obtaining an authorisation for
establishment from the Ministry of
Food, Agriculture and Livestock is
required. Responsible director of the
animal hospital must be a veterinary.
4) Unbound. For further clarity, Turkish
nationality is required for performing the
veterinary profession.
NT (Art. I-4)
LMBD (Art. X-2)
3, 4) Nationality requirement exists for veterinaries.
Responsible director of an animal hospital must be a
veterinary.
[Law No. 6343 on the Exercise of Veterinary
Profession]
(j) Services provided by
midwives, nurses,
physiotherapists and para
medical personnel (CPC
93191)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(k) Other professional services 1) Unbound
2) Unbound
3) Unbound
4) Unbound
B. Computer and Related
Services
(a) Consultancy services
related to the installation of
computer hardware
(CPC 841)
(b) Software implementation
services (CPC 842)
(c) Data processing services
(CPC 843)
(d) Database services including
data storage, data hosting
and web hosting services
(CPC 844)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) UnboundNone
3) UnboundNone
4) Unbound except as indicated in the
horizontal section.
(e) Other CRS
- Maintenance and repair
services of office machinery
and equipment including
computers (CPC 845)
- Training services for staff of
clients12
(CPC 84990**)
CPC 849 except for training
services for staff of clients
1) UnboundNone
2) UnboundNone
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
C. Research and Development
Services (excluding R&D
financed in whole or in
part by public funds)
(a) R&D services on natural
sciences (CPC 851 except
CPC 85102** and CPC
85104. Only R&D services
on chemistry are covered
under CPC 85102.)
(b) R&D services on social
sciences and humanities
(CPC 852)
(c) Interdisciplinary R&D
services (CPC 853)
1) UnboundNone
2) None
3) None except juridical persons duly
established in Turkey, but which are
acting on behalf of foreign natural
persons or juridical persons that have no
commercial presence in Turkey, are
required to obtain prior permission to
conduct scientific research activities in
the Turkish territory.
4) Unbound except as indicated in the
horizontal section. In addition, to
conduct scientific research activities in
the Turkish territory, foreign natural
persons are required to obtain prior
permission.
NT (Art. I-4)
3) Juridical persons duly established in Turkey but
acting on behalf of foreign persons are required to
obtain prior permission to conduct scientific research
activities in the Turkish territory.
4) Foreign natural persons are required to obtain prior
permission to conduct scientific research activities in
the Turkish territory.
[Council of Ministers Decision No: 88/12839 and
dated 04/04/1988 on “Principles Applicable to
Foreigners or Those Applying on behalf of Foreigners
who Request to Conduct Scientific Research and
Analysis or Make Movies in Turkey, and to Foreign
Press Members”.]
12 Electrical, electronic and computer engineers must obtain proficiency and qualification certificates from the permanent in service training center of the Chamber of Electrical Engineers.????
Bu DR değil mi? Her odanın eğitim şartları var ayrıca…
(b) R&D services on social
sciences and humanities
(CPC 852)
(c) Interdisciplinary R&D
services (CPC 853)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
D. Real Estate Services
(a) Involving own or leased
property (CPC 821)
(b) On a fee or contract basis
(CPC 822)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
E. Rental/Leasing Services
without Operators
(a) Relating to ships13
(CPC
83103)
(b) Relating to aircraft129
(CPC
83104)
(c) Relating to other transport
equipment (CPC 83101 +
83102 + 83105)
(d) Relating to other
machinery and equipment
(CPC 83106-83109)
(e) Leasing or rental services
concerning personal and
household goods (CPC
832)
1) UnboundNone
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
F. Other Business Services
(a) Advertising services
(CPC 871)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
13 This commitment does not include or confer any right with regard to carrying the Turkish flag.
(b) Market research services
(CPC 864)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(c) Management consulting
services (CPC 865)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(d) Services related to
management consulting
(CPC 866 except 86602)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(e) Technical testing and
analysis services, excluding
technical testing, analysis
and control (inspection)
services relating to
construction and
construction materials14
- Composition and purity
testing and analysis
services (CPC 86761**)15
- Testing and analysis
services of physical
properties (CPC 86762)
- Testing and analysis
services of integrated
mechanical and electrical
components (CPC 86763)
- Technical inspection
services (CPC 86764)
1) UnboundNone
2) UnboundNone
3) None
4) Unbound except as indicated in the
horizontal section.
1) UnboundNone
2) UnboundNone
3) None
4) Unbound except as indicated in the
horizontal section.
1) UnboundNone
2) UnboundNone
3) None except establishment of a
commercial presence for testing and
analysis services regarding automobiles
and other motor vehicles is subject to an
economic needs test.
Main criteria: the number of and impact
on existing domestic suppliers,
protection of public health, safety, and
the environment.
4) Unbound except as indicated in the
horizontal section.
1) UnboundNone
2) UnboundNone
3) None
4) Unbound except as indicated in the
horizontal section.
14 Turkey does not assume any commitments regarding technical testing and analysis services relating to the construction sector, including construction and building control activities performed
to ensure that the whole construction process, as well as the construction materials used as inputs in the construction, are in conformity with the technical specifications and standards specified
by relevant laws and regulations. 15 Only inspection, testing and analysis services of air, water, noise level and vibration level under CPC 86761.
(f) Services incidental to
hunting (CPC 881**)
Services incidental to
agriculture and forestry
(CPC 881**)
1) Commercial presence is required.
2) None
3) Only Group A travel agencies may
operate in this field with the condition
of obtaining a hunting licence
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
LP (Art. X.1)
National Treatment (Art. I 4)
1) Commercial presence is required.
[- Law No. 4915 on Land Hunting;
- Regulation concerning the Principles and Procedures
applicable to Domestic and Foreign Hunters within the
context of Hunting Tourism (published on the O.G.
dated Jan. 8th, 2005)]
(g) Services incidental to fishing
(CPC 882)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(h) Services incidental to
mining
(CPC 883+5115)
1) Commercial presence is required.
2) None
3)16
None
4) “Technical supervisors (teknik
nezaretçi)” and “permanent supervisors
(daimi nezaretçi)” in mining sites are
required to be Turkish nationals.
Otherwise unbound except as indicated
in the horizontal section.
NT (Art. I-4)
LP (Art. X.1)
1) Commercial presence is required.
4) “Technical supervisors (teknik nezaretçi)” and
“permanent supervisors (daimi nezaretçi)” in mining
sites are required to be Turkish nationals.
[-Mining Law No. 3213;
-Regulation on the Implementation of Mining Law]
(i) Services incidental to
manufacturing
(CPC 884+885 except for
88442)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(j) Services incidental to energy
distribution (CPC 887)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(k) Placement and supply
services of personnel (CPC
872)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
16 Petroleum and Mining Laws specify that services incidental to mining require an operating licence.
(l) Investigation and security
(CPC 873)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
Private investigation and security services can only be
provided by companies established in accordance with
Turkish Commercial Code. Establishment of such
companies is subject to the approval of Ministry of
Interior.
Turkish nationality is required for the founders and
managers of private investigation and security
companies, as well as the private security guards.
Establishment of private investigation and security
companies by foreign persons or provision of such
services by foreign investigation and security
companies is subject to reciprocity.
[- Law no. 5188 on Private Security Services
- Regulation on the Implementation of Law no. 5188
published in the Official Gazette dated 7 October 2004,
no. 25606]
(m) Related scientific and
technical consulting services
(CPC 8675)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(n) Maintenance and repair of
equipment (not including
maritime vessels, aircraft or
other transport equipment)
(CPC 633+ 8861-8866)
1) UnboundNone
2) Unbound None
3) None
4) Unbound except as indicated in the
horizontal section.
(o) Building-cleaning services
(CPC 874)
1) Unbound*None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(p) Photographic services
(CPC 875) except
specialty photography
services (CPC 87504)
Specialty photography
services (CPC 87504)
1) UnboundNone
2) None
3) None
4) Unbound except as indicated in the
horizontal sectionservices.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(q) Packaging services
(CPC 876)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(r) Printing
(CPC 88442**)
Publishing
(CPC 88442**)
[Excluding publishing
services of newspapers,
magazines and
publications of news
agencies]
1) UnboundNone
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) UnboundNone
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(s) Convention services
(CPC87909**)
1) UnboundNone
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(t) Other
- Translation and
interpretation services
(CPC 87905)
1) Unbound
2) None
1, 3) None except for translation and
interpretation services supplied by
sworn/certified interpreters in relation
with notary services.
- Sworn/certified translation services:
unbound
2) None
4) Unbound for sworn/certified translation
services. Otherwise Uunbound except
as indicated in the horizontal section.
- Representation/agency
services before the Turkish
Patent Institute (TPE)
1,3) Only qualified persons registered with
the Turkish Patent Institute (the
Institute) can act as an agent in Turkey
to perform procedures for the
establishment and protection of
industrial property rights, and to conduct
official procedures before the Institute.
Legal persons acting as representatives
before the Institute must be represented
by a natural person who has the
qualifications of an agent.
2) None
4) Only a Turkish national who resides in
Turkey can become a natural person
agent.
NT (Art. I-4)
LP (Art. X.1)
3, 4) Only a Turkish national who resides in Turkey
can become a natural person agent to perform
procedures for the establishment and protection of
industrial property rights, and to conduct official
procedures before the Institute.
Legal persons acting as representatives before the
Institute must be represented by a natural person who
has the qualifications of an agent.
[- Law No. 5000 on the Establishment and Functions of
Turkish Patent Institute, Article 30;
- Decree Law No. 551 on the Protection of Patent
Rights, Article 171;
- Decree Law No. 554 on the Protection of Industrial
Designs, Article 67;
- Decree Law No. 555 on the Protection of
Geographical Indications, Article 14;
- Decree Law No. 556 on the Protection of
Trademarks, Article 80;
- Law No 5147 on the Protection of Integrated Circuits
Topographies, Article 23]
2. COMMUNICATION
SERVICES
Postal Services (postal and
courier services)
Postal services cover the
acceptance, collection,
processing, shipment,
distribution and delivery of
“postal items” as defined in
the Law on Postal Services
No. 6475
1, 3) Establishment in the form of an “equity
capital company (sermaye şirketi)”17
is
required.
“Posta ve Telgraf Teşkilatı Anonim Şirketi
(PTT A.Ş.)”, a wholly state owned
enterprise, is authorized by the Law on
Postal Services to supply postal services and
has the monopoly right to supply the
following services:
- acceptance, collection, sorting, transport,
distribution and delivery of domestic and
international items of correspondence
whose weight or fee limits are determined
by the Council of Ministers18;
- Without prejudice to the provisions related
with electronic notification of the Tax
Procedural Law no. 213 dated 4/1/1961,
acceptance, collection, sorting, transport,
distribution and delivery of any type of
official notice, including through
electronic media, within the scope of the
Law numbered 7201 and other laws;
- Postal services of Turkish Armed Forces
in peacetime;
- Printing and sale of postal stamps that
show the fees to be collected in postal
services, personal stamps, commemorative
stamps, postcards and first day covers.
2) None
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1)
1) Commercial presence is required in the form of an
equity capital company.
[- Law on Postal Services No. 6475;
- By-law on the Provision of Postal Services;
- By-law on Authorization for Postal Services Sector]
17
In accordance with Article 124 of the Turkish Commercial Code (Law No. 6102), the following are considered equity capital companies: “joint-stock company (anonim
şirket)”; “limited liability company (limited şirket)”; “limited partnership in which the capital is divided into shares (sermayesi paylara bölünmüş komandit şirket)”. 18
Until the weight and/or fee limits of monopoly right is determined by the Council of Ministers, the PTT A.Ş. shall continue to exercise its monopoly right over all the open
and closed letters and postcards bearing any kind of correspondence without any weight limit.
A. Postal Services
(CPC 7511)
B. Courier Services
(CPC 7512)
1),3)Public monopoly
2) None
4) Unbound1) None
2) None
3) Through the establishment of joint stock
or limited liability companies.
4) Unbound except as indicated in the
horizontal section.
C. Telecommunication
Services19
(a) Voice telephone
services
(b) Packet-switched data
transmission services
(c) Circuit-switched data
transmission services
(d) Telex services
(f) Facsimile services
(g) Private leased circuit
services
(h) Electronic mail
(i) Voice mail
(j) On-line information
and data-base
retrieval
(k) Electronic data
interchange
(l) Enhanced/value-added
facsimile services, incl.
store and forward, store and
retrieve
(m) Code and protocol
(n) On-line information
and/or data processing
(o) Others
- Mobile services
analog/digital cellular
- Paging services
- Cable broadcasting services
- Satellite Communications
Services (VSAT, SCPC
VSAT) Satellite Platform
Services
- GMPCS services
- Infrastructure services
- Private/Public Access
- Mobile Radio Services
- Directory Information
Services
1), 3) Except for national public
organizations and state-owned
enterprises foreseen by law, in order to
be authorized, establishment in the
territory of Turkey is required in the
form of a joint-stock or limited liability
company.
Electronic communications
(telecommunications) services and
infrastructure requiring authorization in
the form of limited number of rights of
use can be provided only by joint-stock
companies.
2) None
4) Unbound except as indicated in the
horizontal section
LP (Art X.1)
National Treatment (Art. I 4)
1) Commercial presence is required in the form of a
joint-stock or limited liability company.
[- Law on Electronic Communications No. 5809;
- By-law on Authorization for Electronic
Communications Sector]
19 The scope of telecommunications in this Schedule does not cover any kind of (analog-digital) radio and TV programme broadcasting services to the public.
D. Audiovisual services
(Excluding Broadcasting)
(a) Motion picture and video
tape production and
distribution services (CPC
9611)
(b) Motion picture projection
services (by cinema theatre
owners only) (CPC 9612**)
(c) Radio and television services
(CPC 96131, 96132)
(d) Radio and television
programme distribution20
services, excluding
transmission
1) None except establishment of a
commercial presence is required for the
distribution of motion pictures in
physical media (CD, video-tape, etc).
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None except establishment of a
commercial presence is required for the
distribution of radio and TV
programmes in physical media (CD,
video-tape, etc).
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
LP (Art X.1)
National Treatment (Art. I 4)
1) Commercial presence is required for the distribution
of motion pictures, radio and TV programmes and
sound recordings in physical media.
[- Law No. 5846 on Intellectual and Artistic Work;
- Regulation on the Recording and Registration of
Intellectual and Artistic Works;
- Regulation on the Procedures and Principles
Regarding the Certification of the Enterprises
Disseminating or Performing the Recording, Copying
and Sale of the Materials on which Intellectual and
Artistic Works are Fixed]
20 For greater certainty, distribution services in this context may include the licensing of radio and television programmes to other service providers for exhibition, broadcast or the transmission,
rental, sale or use. Turkey does not undertake any commitments on the provision of transmission services for radio and television programmes.
(e) Sound recording
(For the purposes of this
Schedule, sound recording
service activities are
defined as fixation of a
series of musical, spoken,
or other sounds in a
studio, but not including
the sounds accompanying
a motion picture, radio or
television programme or
other audio-visual work.)
(f) Other
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
E. Other Communication
-Telegraph Services
- Registered Electronic Mail
Services
1, 3) PTT A.Ş., a wholly state owned
enterprise, is the exclusive service
supplier Unbound
2) None Unbound
3) Unbound
4) Unbound
1, 3) Either a joint-stock company that is
established to build and operate a
registered electronic mail (REM) system
pursuant to the Turkish Commercial
Code No. 6102; or the administration
that is authorized to make official
electronic notices according to the
provisions of Notification Law No. 7201
(The General Directorate of Post and
Telegraph Organization-PTT A.Ş.) can
provide registered electronic mail
services.
2) None
4) Unbound except as indicated in the
horizontal section.
LP (Art X.1)
1) Commercial presence in the form of a joint-stock
company is required.
[- Turkish Commercial Code No. 6102, Article 1525;
- By-law on the Procedures and Principles Pertaining
to the Registered E-mail System.]
3. CONSTRUCTION AND
RELATED
ENGINEERING
SERVICES
(CPC 51)2, 513, 514+516,
517)
CPC 511, 515, 518
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
5. DISTRIBUTION
SERVICES21
A. Commission agents' services
(CPC 621)
B. Wholesale trade services
(CPC 622)
C. Retailing services
Only for CPC 631, 632,
6112, 61130** (retailing
services of parts and
accessories of motor
vehicles), 61210** (retailing
services of motorcycles and
snowmobiles and related
parts and accessories); but
excluding retailing services
of alcoholic beverages
(63107**); tobacco products
(63108); pharmaceutical
goods (63211); optical goods
(CPC 63254**); seeds,
fertilizers, pesticides and
preparations of a kind used
in animal feeding
(63295**); coal and wood
(CPC-63297); instruments
and appliances for
measuring electricity, gas
and liquid (CPC482**);
and, taximeters.
D. Franchising (CPC 8929)
E. Other
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) None
3) None except Turkey may apply
economic needs tests on commercial
presence. In addition, Turkey may take
any measure affecting the supply of any
product subject to import prohibition or
non-automatic import licensing.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
21
Turkey allows distribution services to be supplied via franchising where MA commitments are undertaken.
5. EDUCATION SERVICES
A.,B.,E. Primary, Secondary
and Other Educational
Services (CPC 921,
922, 929)
1,3) Natural and legal foreign persons
directly or by establishing partnership
with Turkish citizens may establish
international educational institutions
(including vocational and technical
schools) only for foreign students.
2) None
4) Foreign teachers and experts may work
in primary and secondary educational
institutions and in non-formal
educational institutions (i.e. in language
teaching and vocational training centers)
after getting a prior permission from the
Ministry of National Education to obtain
a work permit from the Ministry of
Labour and Social Security
NT (Art. I-4)
1,3) Foreign persons, either directly or through
partnership with Turkish persons can only establish
Iinternational educational institutions (including
vocational and technical schools). established by
foreign persons, either directly or through partnership
with Turkish persons, These institutions can only admit
foreign students.
4) Foreign teachers and experts may work in primary
and secondary educational institutions and in non-
formal educational institutions (i.e. in language
teaching and vocational training centers) after
obtaining a prior permission from the Ministry of
National Education. General work permit requirements
also apply.
[Law No. 5580 on Private Educational Institutions]
C. Higher Education Services
(CPC 923)
1) None
2) None
3) Private universities [“non-profit
foundation higher education institutions
(vakıf yükseköğretim kurumları)”]can
only be established by foundations
constituted under Turkish Civil Code,
and through the enactment of a specific
Law. All the members of the
administrative board of higher education
institution [i.e. the Board of Trustees
(Mütevelli Heyeti)], as well as the
president (rector) must be Turkish
nationals.
4) All the members of the administrative
board of higher education institution [i.e.
the Board of Trustees (Mütevelli
Heyeti)], as well as the president (rector)
must be Turkish nationals. Otherwise,
unbound except as indicated in the
horizontal section.
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
3,4) Private universities [“non-profit foundation higher
education institutions (vakıf yükseköğretim
kurumları)”] can be established only by foundations
constituted under Turkish Civil Code, and through the
enactment of a specific Law.
All members of the administrative board of higher
education institution [i.e. the Board of Trustees
(Mütevelli Heyeti)], as well as the president (rector)
must be Turkish nationals.
[- Constitution of the Republic of Turkey, Art.130-132
- Law No. 2547 on Higher Education
- Law No. 2809 on the Organization of Higher
Education Institutions
- Regulation by the Higher Education Council
concerning Non-profit Foundation Higher Education
Institutions (“Vakıf Yükseköğretim Kurumları
Yönetmeliği”)]
D. Adult Education (CPC 924)
1) None
2) None
3) Foreign persons directly or by
establishing partnership with Turkish
persons may only establish international
educational institutions, and only for
foreign students.
4) Foreign teachers and experts may work
in educational institutions after getting a
prior permission from the Ministry of
National Education to obtain a work
permit from the Ministry of Labour and
Social Security.
NT (Art. I-4) 3) Foreign persons, either directly or through
partnership with Turkish persons can only establish
international educational institutions. These institutions
can only admit foreign students.
4) Foreign teachers and experts may work in
educational institutions after obtaining a prior
permission from the Ministry of National Education.
General work permit requirements also apply.
[Law No. 5580 on Private Educational Institutions]
6. ENVIRONMENTAL
SERVICES
A. Sewage Services
(CPC 9401)
B. Refuse Disposal Services
(CPC 9402)
C. Sanitation and Similar
Services (CPC 9403)
D. Other:
- Cleaning services of
exhaust gases (CPC 9404)
- Noise abatement services
(CPC 9405)
Nature and landscape
protection services (CPC
9406)
Any other environmental
service (CPC 9409)
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
7. FINANCIAL SERVICES
HORIZONTAL COMMITMENTS
Measures affecting the supply of services through commercial presence which are applicable to all sub-sectors of Financial Services are listed below.
Banking 3) Establishment of a bank or opening the
first branch of a foreign bank in Turkey is
subject to the permission of the Banking
Regulation and Supervision Board. A
permission to operate should also be
received following the consummation of
establishment or branch opening transactions
in order to start receiving deposits and/or
conducting banking transactions.
Banks and first branches of foreign banks
have to be established in the form of a joint-
stock company. At least one member of the
board of directors of the banks must reside
in Turkey.
Lending limits for the branches of foreign
banks are based on branch capital rather than
worldwide capital.
NT (Art I-4)
LMBD (Art. X.2)
SMBD (Art X.13)
3) Lending limits for the branches of foreign banks are
based on branch capital rather than worldwide capital.
At least one member of the board of directors of the
banks must reside in Turkey.
[- Banking Law No. 5411;
- Regulation on Operations of Banks Subject to
Permission and Indirect Shareholding;
- Regulation On Internal Systems Of The Banks and
ICAAP]
Insurance 3) Insurance and reinsurance companies
have to be established in the form of a joint-
stock or a mutual company (cooperative).
For the purpose of commencing their
operation, insurance and reinsurance
companies have to obtain a license from the
Undersecretariat of Treasury for each
insurance branch in which they would like to
operate.
Securities Market 3) For the establishment and operations of
capital market institutions22
permission of
the Capital Markets Board (CMB) is
required. Also, banks engaging in capital
market activities (investment services) are
required to obtain from the CMB appropriate
authorization certificates for these activities.
Establishment of branches and agencies by
securities intermediary institutions
established in Turkey also requires the
CMB's permission.
Securities intermediary institutions,
investment companies, and other capital
market institutions with the exception of
investment funds23
can only be established
in the form of a joint-stock company.
Establishment of branches and
representative offices of foreign securities
intermediary institutions is not permitted.
The CMB may take any measure to ensure
that the establishment of capital market
institutions or their branches and agencies
are beneficial to the economic development
of Turkey as well as to the stability,
soundness and development of capital
markets.
3) Establishment of branches and representative offices
of foreign securities intermediary institutions is not
permitted.
[- Capital Market Law No. 6362
- CMB Communiqué on Principles of Investment
Funds,
- CMB Communiqué on Principles of Exchange Traded
Funds,
- CMB Communiqué on Real Estate Investment Funds,
- CMB Communiqué on Principles of Venture Capital
Investment Funds,
- CMB Communiqué on Portfolio Management
Companies and Activities of Such Companies,
- CMB Communiqué on Principles Regarding
Investment Services, Activities and Ancillary Services,
- CMB Communiqué on Principles Regarding
Establishment and Activities of Investment Firms,
- CMB Communiqué on Principles of Real Estate
Investment Companies,
- CMB Communiqué on Principles of Venture Capital
and Private Equity Investment Companies,
- CMB Communiqué on Principles of Securities
Investment Companies,
- CMB Communiqué on Portfolio Depositary Service
and Providers of Such Service,
- The Individual Pension Savings and Investment
System Law No. 4632,
-CMB Implementing Regulation on the Principles
Applicable to the Establishment and Operations of
Pension Investment Funds]
22 According to the Capital Market Law, capital market institutions are specified as follows:
(a) Investment firms,
(b) Collective investment schemes,
(c) Independent auditors, appraisal companies and rating agencies performing activities in capital market,
(d) Portfolio management companies
(e) Mortgage finance corporations,
(f) Housing finance and asset finance funds,
(g) Asset lease companies,
(h) Central clearing institutions,
(i) Central securities depositories,
(j) Trade repositories,
(k) Other capital market institutions, the establishment and operation principles for which are determined by the Capital Markets Board. 23 According to Capital Market Law, investment funds can be established in contractual type within the fund rules in conformity with the fiduciary ownership principles.
OTHER FINANCIAL
SERVICES
A. Financial leasing service
3) Financial leasing companies (lessors) can
only be established in the form of a joint-
stock company.
Establishing a financial leasing company or
opening of first branches in Turkey by
companies established abroad is subject to
prior permission of the Banking Regulation
and Supervision Board. A permission to
operate should also be received.
B. Factoring and consumer
financing services
3) Factoring companies and financing
companies must be established in the form
of a joint-stock company.
Establishment of these companies is subject
to prior permission of the Banking
Regulation and Supervision Board. A
permission to operate should also be
received.
C. Foreign exchange dealers
(“Yetkili müessese”)
3) In order to engage in activities as a
foreign exchange dealer (“yetkili
müessese”), authorization from the
Undersecretariat of Treasury must be
obtained. The Undersecretariat may take
any measure to ensure that the establishment
of foreign exchange dealers or their
subsequent branches and agencies is
beneficial to the economic development of
Turkey as well as to the stability, soundness
and development of financial markets.
Foreign exchange dealers must be
established in the form of a joint-stock
company.
D. Precious metals exchange
3) To operate as a Precious Metal
Intermediary Institution (PMII) one should
obtain permission from Undersecretariat of
Treasury. Banks, foreign exchange dealers,
joint-stock companies engaging in trade and
production of precious metals, branches,
which are located in Turkey, of the
companies resident abroad engaging in trade
and production of precious metals may
apply to the Undersecretariat to operate as a
PMII. Moreover, it is also possible to apply
for permission to the Undersecretariat to
operate solely as a precious metal brokerage
institution and to be established as a joint
stock company to operate as such.
Sector specific Financial Services Commitments (horizontal Mode 3 restrictions/qualifications listed above also apply):
Insurance and Insurance-related
Services
(i) Direct insurance
(A) Life
(B) Non-life
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1),2) Unbound except:
(a) The hull insurance of aircrafts,
helicopters and ships which are
purchased through a foreign loan or
leased through a financial leasing
contract from abroad, provided that the
insurance period is limited to the term
of the credit or leasing contract;
(b) Marine liability insurance;
(c) Transportation insurance of imported
and exported goods;
(d) Personal injury, sickness, health and
motor vehicle insurance, limited to the
time during which people will be
abroad or temporarily staying abroad,
(e) Insurance of ships and yachts
registered with the Turkish
International Maritime Registry.
3) None
4) Unbound except as indicated in the
horizontal section.
(ii) Reinsurance and
retrocession
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(iii) Insurance intermediation
such as brokerage and
agency
1),2) Unbound for intermediaries (agents
and brokers) except the ones dealing
with life insurance and non-life
insurance categories indicated in the
“(i)(B) Non-life” section and
reinsurance brokers.
3) Juridical person insurance and
reinsurance agencies and brokers must
be established in Turkey in the form of
a joint-stock or limited-liability
company. The general manager and the
deputy managers responsible for
technical departments must reside in
Turkey. Insurance agencies and brokers
that are established in foreign countries
may engage in insurance intermediation
activities only by means of opening
branches in Turkey. Institutional form
and residency requirements stipulated
above apply for branches, as well.
4) Natural person insurance and
reinsurance brokers and agents have to
reside in Turkey. Otherwise, unbound
except as indicated in the horizontal
section.
National Treatment (Art. I 4)
LP (Art. X.1)
LMBD (Art. X.2)
SMBD (Art X.13)
3) The general manager and the deputy managers
responsible for technical departments must reside in
Turkey.
4) Natural person insurance and reinsurance brokers
and agents have to reside in Turkey.
[- Insurance Law No. 5684;
- Regulation on Insurance Agencies;
- Regulation on Insurance and Reinsurance Brokers]
(iv) Services auxiliary to
insurance, such as
consultancy, actuarial, risk
assessment and claim
settlement services
1),2) None except adjusters and actuaries.
3) None
4) Unbound for adjusters and actuaries.
Otherwise unbound except as indicated
in the horizontal section.
Banking and Other Financial
Services
(v) Acceptance of deposits and
other repayable funds from
the public
1) Unbound
2) None
3) No natural person or legal entity other
than credit institutions or those
authorized under specific regulations can
accept deposits or other repayable funds
from the public.
4) Unbound except as indicated in the
horizontal section.
(vi) Lending of all types
including consumer credit,
mortgage credit, factoring
and financing of
commercial transaction
(A) Consumer credit
(B) Factoring
(C) Mortgage credit
1) Unbound
2) None
3) Banks and financing companies can lend
consumer credits.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and factoring companies can
engage in factoring activities.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Financial leasing companies and
financing companies which are found
eligible to operate in housing finance by
the Banking Regulation and Supervision
Agency, as well as banks can engage in
trading of mortgage credits.
4) Unbound except as indicated in the
horizontal section.
(D) Financing of commercial
transactions
1) Unbound
2) None
3) Banks, financial leasing companies,
factoring companies, and financing
companies can engage in financing of
commercial transactions.
4) Unbound except as indicated in the
horizontal section.
(vii) Financial leasing
1) Unbound
2) None
3) Banks which are not authorized to
accept deposits and financial leasing
companies can engage in financial
leasing transactions.
4) Unbound except as indicated in the
horizontal section.
(viii) All payment and money
transmission services,
including credit and debit
cards and travellers cheques
1) Unbound
2) None
3) All pPayment and money transmission
services can only be conducted by banks
and institutions authorized in accordance
with the “Law on Payments and
Securities Settlement Systems, Payment
Services and Electronic Money
Institutions”. The institutions engaging
in the provision of payment and money
transmission services are required to be
established in Turkey, in the form of a
joint-stock company.
Credit and debit cards services can only
be provided by banks.
Transfers of foreign exchange abroad
must be carried out through the banking
system.
4) Unbound except as indicated in the
horizontal section.
(ix) Guarantees and
commitments
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(x) Trading for own account or
for account of customer,
whether on an exchange, in
an over-the-counter market
or otherwise, the following:
(A) Money market
instruments (including
cheques and bills)
(B) Foreign exchange
(C) Derivative products
including, but not
limited to, futures and
options
1) Unbound
2) None
3) Trading of money market instruments
can be performed by both banks and
securities intermediary institutions;
however, securities intermediary
institutions cannot engage in the trading
of cheques and bills.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks, foreign exchange dealers,
securities intermediary institutions
(limited to investment services and
activities), as well as national postal
administration (the General Directorate
of Post and Telegraph Organization)
can engage in foreign exchange trading.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions can engage in
trading of derivative products in
compliance with CMB legislation.
Authorised banks can execute orders in
derivative instruments except for those
based on stock indices and stocks, and
deal on own account in derivative
instruments except for those based on
stocks.
4) Unbound except as indicated in the
horizontal section.
(D) Exchange rate and
interest rate instruments,
including products such
as swaps and forward
rate agreements
(E) Transferable securities
(F) Other negotiable
instruments and
financial assets,
including bullion
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions can engage in
trading of exchange rate and interest
rate instruments.
Only securities intermediary institutions
can provide “leveraged transactions” as
defined in Capital Market Law No.
6362 (i.e. retail forex brokerage).
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and securities intermediary
institutions can engage in trading of
transferable securities in compliance
with CMB legislation. However, only
securities intermediary institutions can
provide such investment services with
regard to execution of orders and
dealing on own account in shares.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Banks and related intermediary
institutions can engage in trading of
other negotiable instruments and
financial assets, including bullion.
4) Unbound except as indicated in the
horizontal section.
(xi) Participation in issues of all
kinds of securities,
including underwriting and
placement as agent
(whether publicly or
privately) and provision of
services related to such
issues
1) Unbound
2) None
3) Development and Investment Banks
and securities intermediary institutions
authorised by the CMB can provide
underwriting and placement services for
the securities to be issued after being
registered by the CMB.
4) Unbound except as indicated in the
horizontal section.
(xii) Money broking
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
(xiii) Asset management
such as cash or portfolio
management, all forms of
collective investment
management, pension fund
management, custodial,
depository and trust services
(A) Portfolio management
(B) Collective investment
Management
(C) Pension fund management
1) Unbound
2) None
3) Development and Investment Banks,
securities intermediary institutions
(excluding collective investment
management) and portfolio management
companies can provide these services.
4) Unbound except as indicated in the
horizontal section
1) Unbound
2) None
3) Collective investment portfolios can be
managed by portfolio management
companies. Investment companies can
also manage their own portfolios.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) None
3) Portfolio management companies
established in Turkey can provide these
services.
4) Unbound except as indicated in the
horizontal section.
(D) Custodial, depository
and trust services
1) Unbound
2) None
3) Authorized banks and securities
intermediary institutions operating in
capital market can provide custodial
services for their customers. Depository
accounts related with capital market
instruments, with the exception of
government debt instruments held in
bank portfolios, can only be kept by
Central Registry Agency.
4) Unbound except as indicated in the
horizontal section.
(xiv) Settlement and clearing
services for financial assets,
including securities,
derivative products, and
other negotiable
instruments
1) Unbound
2) None
3) Only Takasbank A.S. can provide
securities settlement and clearing
services.
Only the institution authorized by
Central Bank of the Republic of Turkey
can provide check clearing services.24
Payment and securities settlement
systems can only be operated by
financial institutions authorised by
Central Bank of the Republic of Turkey.
Financial institutions operating payment
and securities settlement systems are
required to be established in Turkey, in
the form of a joint-stock company.
4) Unbound except as indicated in the
horizontal section.
24 Cheque Law Nr. 5941, Article 8, Paragraph 1
(xv) Provision and transfer of
financial information
- Financial data processing
and [provision and transfer
of] related software by
suppliers of other financial
services
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1, 2, 3, 4) Mandatory localization
requirements apply. Financial service
providers are obliged to establish and
maintain their data processing centres (both
primary information systems25
and their
backups) in Turkey for the storage and
processing of data.
(xvi) Advisory, intermediation
and other auxiliary
financial services on all
the activities listed in
subparagraphs (v) through
(xv), including credit
reference and analysis,
investment and portfolio
research and advice,
advice on acquisitions and
on corporate restructuring
and strategy
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
25 Information systems are comprised of infrastructure, hardware, software and data which ensure the execution of financial activities as well as the recording and use of information in electronic
media in a secure manner and as to be accessed when needed.
8. HEALTH RELATED AND
SOCIAL SERVICES
A. Hospital Services
(CPC 9311)
B. Other Human Health
Services (CPC 9319 other
than 93191)
C. Social Services (CPC 933)
D. Other
1) Unbound*
2) None
3) Foreigners may establish private
hospitals with the permission of
Ministry of Health. The number and type
of hospitals, medical branches in each
hospital, number of required health
personnel, bed capacity as well as
procurement of medical devices may be
limited in accordance with investment
plans based on health service needs of
residential areas.
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and restaurants
(CPC 641-643)
1) Unbound*
2)26
None
3) None
4) After receiving the permission of the
Ministry of Labour and Social Security,
based on the affirmative opinions of the
Ministry of Interior and the Ministry of
Culture and Tourism, the hotels and
restaurants authorized by the Ministry of
Culture and Tourism may employ foreign
personnel. But the quantity of foreign
personnel that would be employed in an
enterprise shall not exceed 10 per cent of the
total personnel. This ratio could be increased
up to 20 per cent by the approval of the
Ministry of Culture and Tourism on a case
by case basis.
NT (Art. I-4)
4) The quantity of foreign personnel to be employed by
service suppliers in this sector may be restricted to 10%
of the total personnel employed. This amount could be
increased to 20% by the approval of Ministry of
Culture and Tourism on a case by case basis.
[Law No. 2634 on the Promotion of Tourism, Art. 18]
B. Travel Agencies and Tour
Operators Services
(CPC 7471)
1) Commercial presence is required
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
National Treatment (Art. I 4)
LP (Art. X.1)
1) Foreign tTravel agencies organised under the laws
of a foreign government, which do not have a
commercial presence in Turkey, cannot organize tours
originating from Turkey to abroad.
[- Law No. 1618 on Travel Agencies and the
Association of Travel Agencies, Art.3;
- Regulation on Travel Agencies, Art. 8, 9, 20]
C. Tourist guides services (CPC
7472)
1) Unbound
2) None
3) Unbound
4) Unbound. For further clarity, Turkish
nationality is required for performing
tourist guides services.
NT (Art. I-4)
LP (Art. X.1)
1, 3, 4) Turkish nationality is required for performing
tourist guides services.
[Law No. 6326 on the Profession of Tourist Guides,
Art.3]
D. Other 1) Unbound
2) Unbound
3) Unbound
4) Unbound
* Unbound due to the lack of technical feasibility. 26 Turkish citizens may travel abroad without any restriction. Only, they are required to pay, with certain exceptions, a TL amount equivalent up to US$ 100 to the Public
Housing Fund, for each exit. The Turkish citizens going abroad for education and health purposes, as well as the ones who are either employed or assigned to permanent official
duties in foreign countries, are exempt from that payment.
10. RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
A. Entertainment services
(including theatre, live
bands and circus services)
(CPC 9619)
B. News agency services
(CPC 962)
C. Libraries, archives,
museums and other
cultural services (CPC
963)
D. Sporting and other
recreational services
E. Other
1) UnboundNone
2) UnboundNone
3) UnboundNone
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
11. TRANSPORT SERVICES
A. Maritime Transport
Services (except cabotage)
(a) Passenger transportation
(CPC 7211)
(b) Freight transportation
(CPC 7212)
1) None
2) None
3) In order to fly the Turkish flag27
, the
shipping companies must have the
majority of (51 per cent) Turkish
shareholders.
4) Captain and crew of the Turkish flag
vessels should be Turkish citizens.
NT (Art. I-4)
3) In order to fly the Turkish flag21
, the shipping
companies must have the majority of (51 per cent)
Turkish shareholders.
[Turkish Commercial Code (Law no. 6102), Art. 940]
4) Turkish nationality is required for the captain and
crew of vessels flying the Turkish flag.
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
(c) Rental of vessels with
crew28
(CPC 7213)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
NT (Art. I-4) 1) Vessels rented out by foreigners cannot operate
within Turkish coastal waters. These vessels are
considered as foreign vessels and cannot fly the
Turkish flag.
4) Turkish nationality is required for the captain
and crew of vessels flying the Turkish flag.
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
(d) Maintenance and repair of
vessels (CPC 8868**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
27 In accordance with the Turkish Commercial Code:
- Each Turkish ship shall fly the Turkish flag.
- When ownership of a ship belongs to a natural person, the ship shall be regarded as a Turkish ship only if it is owned by a Turkish citizen.
- A ship that belongs to more than one natural person shall be regarded as a Turkish ship either if the majority shares are held by Turkish citizens in case of joint ownership/condominium-
principled ownership (“paylı mülkiyet”); or if the majority of the owners are Turkish citizens in case of co-ownership (“elbirliğiyle mülkiyet”).
- A ship that belongs to an institution, association and/or foundation with legal personality and established in accordance with Turkish legislation shall be deemed as a Turkish ship on the
condition that the majority of Board of Directors of such juridical persons are of Turkish nationality.
- A ship that belongs to a commercial company that is established in accordance with Turkish legislation shall be regarded as a Turkish ship on the condition that the majority of the personnel
having managerial authority are Turkish nationals; and, the majority voting rights belong to Turkish national shareholders in accordance with the articles of incorporation. In the case of a
joint-stock company (“anonim şirket”) or a partnership limited by shares (“sermayesi paylara bölünmüş komandit şirket”), in addition to the above mentioned conditions, majority of the
shares are required to be registered shares and that transfer of these shares to a foreign person must be subject to the approval of Board of Directors.
- Ships belonging to an association of ship-owners (“donatma iştiraki”) shall be deemed as Turkish ships, on the condition that the majority of shares belong to Turkish nationals, and that
majority of the ship-owners with managerial authority are also Turkish nationals. 28
This commitment does not include or confer any right with regard to maritime transportation services.
(e) Pushing and towing services
(CPC 7214)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(f) Supporting services for
maritime transport (CPC
745**)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
B. Internal Waterways
Transport (CPC 722)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1,3) Establishment is required. Only Turkish
nationals and the juridical persons shares of
which belong to Turkish nationals can
supply these services.
2) None
4) Captain and Ccrew members have to be
Turkish nationals.
NT (Art. I-4)
LP (Art. X.1)
1,3) Establishment is required. Only Turkish nationals
and the juridical persons shares of which belong to
Turkish nationals can supply these services.
4) Captain and Ccrew members have to be Turkish
nationals.
[-Turkish Commercial Code, Law no. 6102]
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815)]
Maritime Auxiliary Services as
defined in the Annex for
Maritime Transport Services
i) Maritime Cargo Handling
Services
1) Establishment is required.
2)None
3) For juridical persons:
Maritime cargo handling services can be
supplied by port (terminal) operators who
are granted a concession through port
privatization procedures. Privatization of
ports through transfer of ownership is not
allowed. The number of service suppliers to
participate in the privatization tenders and
the type of legal entity could be limited by
the Turkish Privatization Administration.
Considering the nature of the service,
monopoly rights may be accorded to port
operators in the privatization process.
Other than port (terminal) operators who are
granted a concession through privatization,
these services can only be supplied by
juridical persons shares of which belong to
the Turkish nationals.
For natural persons: Turkish nationality is
required.
4) Unbound.
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required
3) Other than port operators who are granted a
concession through privatization procedure, these
services can only be supplied by juridical persons
shares of which belong to the Turkish nationals.
For natural persons: Turkish nationality is required.
[- Law No . 4046, Adopted on 27 November 1994,
Concerning Arrangements For The Implementation Of
Privatization (Article 37)
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
ii) Storage and Warehousing
Services
iii) Customs Clearance Services
iv) Container Station and Depot
Services
v) Maritime Agency Services
1) Establishment is required
2) None
3) None except for “customs warehouses”.
Customs warehouses can only be established
by a “joint stock” or a “limited liability”
company founded in accordance with the
Turkish Commercial Code, which has been
in operation for at least two years. Economic
need test applies.
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required
1,3 ,4) For natural persons: Customs brokers
must be Turkish citizens.
For juridical persons: All the stakeholders of
a customs brokerage company must be
licensed customs brokers who are Turkish
citizens.
1) Unbound*
2,3) None
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required
3,4) Only Turkish citizens can be appointed
or employed as authorized agents and
maritime agency personnel.
3) Maritime agency companies are obliged
to appoint an “authorized agent29
” and
employ at least one “maritime agency
personnel30
” at the agency and its branches.
LP (Art. X.1)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required.
[Customs Regulation ( Articles 512-519)]
3 ,4) For natural persons: Customs brokers must be
Turkish citizens.
For juridical persons: All the stakeholders of a customs
brokerage company must be licensed customs brokers
who are Turkish citizens.
[Customs Regulation (Articles 227 and 229)]
1) Establishment is required
3,4) Only Turkish citizens can be appointed or
employed as authorized agents and maritime agency
personnel.
3) Maritime agency companies are obliged to appoint
an “authorized agent31
” and employ at least one
“maritime agency personnel32
” at the agency and its
branches.
[Regulation on Maritime Agencies (Article 7)]
29 “Authorized agent” is the natural person who is authorized to act on behalf of the Maritime Agency Company before the Ministry of Transport, Maritime Affairs and Communications. 30 “Maritime agency personnel” are natural persons who are issued an identification card by the Ministry of Transport, Maritime Affairs and Communications to perform agency operations with
the port, customs, coastal, health and security authorities and other relevant institutions and organizations.
vi) Maritime Freight
Forwarding Services
Services at the Port (towing and
the tug assistance; port captain's
services; navigation aids;
emergency repair facilities;
anchorage, berth and berthing,
dredging services.)
Services at the port
(provisioning, fuelling and
watering; garbage collecting
and ballast waste disposal;
shore-based operational
services essential to ship
operations including
communications, water and
electrical supplies)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) Establishment is required.
2) None
3) Only Turkish nationals and juridical
persons shares of which belong to Turkish
nationals can supply these services
4) Unbound except as indicated in the
horizontal section.
1,3) These services can be supplied by port
(terminal) operators who are granted a
concession through port privatization
procedures. Privatization of ports through
transfer of ownership is not allowed. The
number of service suppliers to participate in
the privatization tenders and the type of
legal entity could be limited by the Turkish
Privatization Administration.
Considering the nature of the service,
monopoly rights may be accorded to port
operators in the privatization process.
Other than port (terminal) operators who are
granted a concession through privatization,
these services can only be supplied by
juridical persons shares of which belong to
the Turkish nationals.
2) None
4) Unbound.
NT (Art. I-4)
LP (Art. X.1)
NT (Art. I-4)
LP (Art. X.1)
1) Establishment is required
1,3) Only Turkish nationals and juridical persons
shares of which belong to Turkish nationals can
supply
[Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
1,3) Other than port (terminal) operators who are
granted a concession through privatization, these
services can only be supplied by juridical persons
shares of which belong to the Turkish nationals.
[- Law No . 4046, Adopted on 27 November 1994,
Concerning Arrangements For The Implementation Of
Privatization (Article 37)
- Law Concerning Coastal Shipping (Cabotage) along
Turkish Shores and Performance of Trade and
Business in Turkish Ports and Territorial Waters”
(Law No: 815) (Article 3)]
31 “Authorized agent” is the natural person who is authorized to act on behalf of the Maritime Agency Company before the Ministry of Transport, Maritime Affairs and Communications. 32 “Maritime agency personnel” are natural persons who are issued an identification card by the Ministry of Transport, Maritime Affairs and Communications to perform agency operations with
the port, customs, coastal, health and security authorities and other relevant institutions and organizations.
C. Air Transport Services
(a) Selling of air transport
services
(b) Computer reservation
systems
(c) Maintenance and repair of
aircraft (CPC 8868**)
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) None
4) Unbound except as indicated in the
horizontal section.
1) None
2) None
3) Authorization from the Ministry of
Transport, Maritime Affairs and
Communications is necessary to
perform functions for the maintenance
and repair of aircraft.
4) Unbound except as indicated in the
horizontal section.
(d) Ground-handling services
1) Unbound*
2) None
3) Authorization from the Ministry of
Transport, Maritime Affairs and
Communications (a Type-A or a Type-C
License) is necessary to perform ground-
handling services to airline operators on
a fee or contract basis. Authorizations
are provided only to commercial
companies established in accordance
with the Turkish Commercial Code.
Type-A license can be obtained by
ground-handling companies or by
domestic airline operators to provide
ground-handling services to other airline
operators. Foreign airline operators
cannot provide ground-handling services
to other airline operators.
For a company to obtain a Type-A or a
Type-C license to provide ground-
handling services, a) the majority of the
persons authorized for the administration
and representation of the company must
be Turkish nationals; b) according to the
Articles of Association, Turkish
shareholders should hold the majority of
the voting rights.
Passenger handling, ramp handling, and
load-control and communication
services can only be provided by a
ground-handling company with a Type-
A license.
Catering services can only be provided
by ground-handling companies operating
within the airport, companies with a
catering service provision license, and
domestic airline operators. Foreign
airline operators cannot provide these
services.
(cont’d on next page)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1) Commercial presence is required.
3) For a company to provide ground-handling services:
a) the majority of the persons authorized for the
administration and representation of the company must
be Turkish nationals;
b) according to the Articles of Association, Turkish
shareholders should hold the majority of the voting
rights.
Foreign airline operators cannot provide ground-
handling services to other airline operators.
Foreign airline operators cannot provide catering
services.
4) The majority of the persons authorized for the
administration and representation of a ground-handling
company must be Turkish nationals.
[ - Turkish Civil Aviation Law (No. 2920)
- Civil Aviation Regulation No. 22 on Ground-handling
Services (SHY-22)]
Operation licenses may be limited in
number. In issuing an operation license,
criteria such as: runway, apron, taxiway
areas of the airport; air traffic capacity of
the airport; availability of parking and
workshop areas in the airport; existing
physical conditions of the airport and
forecasts on future market conditions;
and additional capacity needs are taken
into account.
4) The majority of the persons authorized
for the administration and representation
of a ground-handling company must be
Turkish nationals. Otherwise, unbound
except as indicated in the horizontal
section.
(e) Airport operation services
1) Unbound*
2) None
3) Airport operation services could be
provided through transfer of operational
rights of the state airports by leasing
(including built and transferred by
private sector entities through Built-
Operate-Transfer Model).
Transfer of operational rights by leasing
is rendered by the General Directorate of
State Airports Authority through tender
for a period of maximum 49 years.
Transferring of operation rights by
leasing is subject to the authorization by
the Ministry of Transport, Maritime
Affairs and Communications
4) Unbound except as indicated in the
horizontal section.
(f) Specialty air services
1) Unbound
2) Unbound
3) Unbound
4) Unbound
D. Space Transport (CPC 733) 1) Unbound
2) Unbound
3) Unbound
4) Unbound
E. Rail Transport Services
(a) Passenger transportation
(only interurban passenger
transportation-CPC 71111)
(b) Freight transportation
(CPC 7111, 7112)
1) Unbound
2) None
3) Establishment as a commercial
company in accordance with the
Turkish Commercial Code is required
for obtaining authorization.
4) Unbound except as indicated in the
horizontal section.
1) Internal rail transportation is a public
monopoly.
2) None
3) Internal rail transportation is a public
monopoly.
4) Unbound except as indicated in the
horizontal section.
LP (Art. X.1)
1) Establishment as a commercial company in
accordance with the Turkish Commercial Code is
required.
[Regulation on the Authorization of Railway
Operators, published on the Official Gazette dated
19.08.2016, no 29806]
(c) Pushing and towing services
(CPC 7113)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(d) Maintenance and repair of
rail transport equipment
(CPC 8868**)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
(e) Supporting services for rail
transport services (CPC 743)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
F. Road Transport Services
(a) Passenger transportation
(CPC 7121 + 7122)
(b) Freight transportation
(CPC 7123)
(c) Rental of commercial
vehicles with operator (CPC
7124)
(d) Maintenance and repair of
road transport equipment
(CPC 6112+8867)
(e) Supporting services for road
transport services (CPC 744)
1) Unbound
2) None
3) Turkish citizenship nationality or being a
legal entity established under the
relevant Turkish laws are required for
obtaining a carrier licence given by the
Ministry of Transport, Maritime Affairs
and Communications in order to become
an international transporter.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) UnboundNone
3) UnboundNone
4) Unbound except as indicated in the
commercial section.
1) UnboundNone
2) UnboundNone
3) None
4) Unbound except as indicated in the
horizontal section.
1) Unbound Establishment is required
2) Unbound None
3) For natural persons: Turkish nationality
is required.
For juridical persons: Unbound
Unbound
4) Unbound
NT (Art. I-4)
NT (Art. I-4)
LP (Art. X.1)
3) Turkish citizenship nationality is required for natural
persons to obtain a carrier license to become an
international transporter.
[- Law no. 4925 on Road Transportation
- Regulation on Road Transport, Art. 12]
1) Establishment is required
3) For natural persons: Turkish nationality is required.
[Regulation on Road Transport, Art.12]
G. Pipeline Transport
(a) Transportation of fuels
(CPC 7131)
(b) Transportation of other
goods (CPC 7139)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
H. Services auxiliary to all
modes of transport
excluding maritime
auxiliary services
(a) Cargo-handling services
(CPC 741), Storage and
warehouse services (CPC
742),Freight transport
agency services (CPC 748),
other services auxiliary to all
modes of transport (CPC
749)
(b) Storage and warehouse
services (CPC 742)
(c) Freight transport agency
services (CPC 748) bunu
alt sektörlere böl..
(d) Other (CPC 749)
Customs Clearance Services
1) Establishment is required
2)None
3) For natural persons: Turkish nationality is
required.
4) Unbound except as indicated in the
horizontal section.
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Unbound
2) Unbound
3) Unbound
4) Unbound
1) Establishment is required
2)None
3) For natural persons: Turkish nationality is
required.
1,3 ,4) For natural persons: Customs brokers
must be Turkish citizens.
For juridical persons: All the stakeholders of
a customs brokerage company must be
licensed customs brokers who are Turkish
citizens.
2) None
NT (Art. I-4)
LP (Art.X.1)
NT (Art. I-4)
LP (Art. X.1)
LMBD (Art. X.2)
1)Establishment is required
3) For natural persons: Turkish nationality is required
[Regulation on Road Transport, Art.12]
1,3 ,4) For natural persons: Customs brokers must be
Turkish citizens.
For juridical persons: All the stakeholders of a customs
brokerage company must be licensed customs brokers
who are Turkish citizens.
[Customs Regulation (Articles 227 and 229)]
I. Other Transport Services 1) Unbound
2) Unbound
3) Unbound
4) Unbound
12. OTHER SERVICES NOT
INCLUDED ELSEWHERE
(CPC 95+97+98+99)
1) Unbound
2) Unbound
3) Unbound
4) Unbound
TURKEY –LIST OF MFN EXEMPTIONS
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
ALL SECTORS Turkey reserves the right to accord
differential treatment to any Party
or non-Party under any
international agreement signed
before or after the entry into force
of this Agreement and notified to
the World Trade Organization
(WTO) under Article V or Article
Vbis of the GATS.
All countries with which
agreements are or will be in
force.
Indefinite Desire to create favourable
conditions for greater economic
cooperation between Turkey
and its trading partners.
ALL SECTORS (a) Extending full national
treatment for the investments
of the nationals or companies
of countries with which a
Bilateral Investment Treaty
is concluded.
(b)(i) Executing the transfers, in
specific periods, of the
nationals and companies of
certain countries which made
investments in Turkey.
All countries with which
agreements are or will be in
force.
Belgium-Luxembourg,
Kuwait
Indefinite Desire to create favourable
conditions for a greater
economic cooperation between
Turkey and mentioned
countries and to encourage
investments by nationals and
companies of one country in the
territory of the other countries.
(ii) Granting foreign exchange
risk guarantee for certain
countries for the transfers
which are not realized due to
the difficulties in balance of
payments.
(c) Covering "trade risk" in
subrogation for one country.
Japan
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
(d) The agreements with three
countries, the MFN Articles
of which do not include the
derogation paragraphs
relating to the privileges
which are accorded to the
investors of the third
countries resulting from its
membership in or associated
with a free trade zone, an
economic cooperation, a
customs union or a common
market.
Japan, Bangladesh, Germany
ALL SECTORS
The restriction in the transfer
of the premiums for long-
term insurance schemes and
the employment of the
foreign country workers by
foreign companies is waived
for one country.
Libya
Indefinite
To ensure social security and
continuous employment of
Turkish workers in the
mentioned country.
ALL SECTORS
If the amount of the
consulate duties collected
from the Turkish nationals
by any country is higher than
the amounts written in the
tariff list, the amounts of
consulate duties which are
collected from the nationals
of that country will be
increased reciprocally.
All countries
Indefinite
Desire to ensure equal treatment
to Turkish nationals.
ALL SECTORS
On the condition that the
legal requirements are
observed and with the
condition of reciprocity, the
foreign real persons may
own real estate in Turkey by
acquisition or by inheritance.
All countries
Indefinite
To secure the right of Turkish
nationals to acquire real estates
in a foreign country.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Professional
Services
If any foreign country lays
down legal and
administrative conditions
against Turkish citizens for
performing arts and
supplying services, the
similar activities of the
citizens of that country may
be prohibited in Turkey.
All countries
Indefinite
Desire to create favourable
circumstances for Turkish
citizens to perform their
activities under equal
conditions in the other
countries.
Transportation
Services
The income and corporate
tax rates for the foreign road,
maritime and air transport
companies can reciprocally
be decreased down to zero or
increased to a new rate not
exceeding one fold of the
existing rate can be
determined, as a country by
country basis either for each
transportation mode or for all
modes of transportation.
All countries
Indefinite
Desire to facilitate and to lower
the costs of transportation
services between Turkey and
other countries.
Transportation
Services
Transit or bilateral
transportation services, can
be excluded from VAT.
This exception is granted,
with the condition of
reciprocity, to the related
countries' taxpayers who do
not have residence or their
legal and business centre in
Turkey.
All countries
Indefinite
Desire to lower costs and to
create favourable conditions for
the provision of services in this
sector.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Transportation
Services
To apply, on the basis of
reciprocity, restrictions,
prohibitions, different
treatment and different tariffs
to the goods and
transportation vehicles of the
countries which apply
restrictions, prohibitions and
different treatment to the
Turkish road, air and
maritime transportation
vehicles.
All countries
Indefinite
Desire to secure the smooth
functioning of mutual
transportation services.
Maritime Auxiliary
Services and
Services at the Port
To adopt or maintain any
measure that accords
differential treatment to
persons of other countries
due to application of
reciprocity.
All countries Indefinite Desire to ensure equal treatment
to Turkish nationals.
Road Transport
Services
To grant, through
international road transport
agreements, and on the basis
of reciprocity, privileges
regarding quotas and fees, or
exemptions from the
permission procedures.
All countries with which
agreements are or will be in
force.
Indefinite
Desire to facilitate road
transport services between
Turkey and other countries.
Rail Transport
Services
The bilateral reduction in the
renting fees of railway
wagons of countries
mentioned aside (paragraph
a) and the application of
national treatment to tariff
rates on the reciprocal
transportation of goods with
the countries mentioned
aside (paragraph b).
a) Syria, Iraq, Iran, Lebanon
b) Commonwealth of
Independent States and the
Baltic Republics.
Indefinite
Desire to facilitate rail transport
services between Turkey and
other countries.
Sector or Sub sector
Description of measure
indicating its inconsistency with
Article IV.4
Countries to which the measure
applies Intended duration
Conditions creating the need for
the exemption
Accounting,
Auditing and Book-
keeping Services
In order to perform the
services under the title of
"financial advisor", the
nationals of the countries
which have officially
codified the principles for
the profession of financial
advisory may be authorized,
under reciprocal conditions,
provided that these persons
should have the
qualifications required for
the profession of financial
advisory in Turkey and
should have rights to
perform similar services in
their own countries.
All countries Indefinite
Desire to create favourable
conditions for Turkish financial
advisors to perform their jobs
under equal conditions all over
the world.