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PART SIX MISCELLANEOUS PROVISIONS Objections and Complaints Article 51- Objections and complaints about licences, permissions, services and fees in conjunction with the Zone shall be made in the following manner:
Collection of Debts and Liquidation Procedures Article 52- (Amended with the Official Journal No 24849 and dated 17.08.2002) In the Free Zones collection of debts are subject to the provisions set forth by the Collection of Debts and Bankruptcy Legislation. Within the period to be determined by the Zone Directorate- not exceeding one month after the date of cancellation or expiration of the Operating License- goods which are not removed from the Zone and goods abandoned in the Zone are liquidated by a committee entrusted with the liquidation procedure headed by the Zone Director, composed of one official from the Directorate, and one person from Operator/ZFO and when required one official from the local professional institutions. Goods to be liquidated are sold at the value determined through an official report by the Committee in a public auction. The date of the public auction is announced in a local newspaper twice with a three days interval in between, at least 15 days before the sale. If the goods are not sold in the first sale, at the second sale-on a date to be determined by the Committee- the goods are sold to the highest bidder. Expenditures incurred by the Committee are deducted from the sale proceeds and the remainder registered as revenue to the Special Account. Goods that cannot be liquidated in the Zone are handed over to the Customs Administration under minutes drawn up by the abovementioned Committee. Settlement of Disputes by Reconciliation Article 53- Any disputes excluding disputes of interest involving Collective Labour contracts arising from business relations between the user and the Operator or the Z.F.O. or among persons and establishments operating in the zone, may be settled through reconciliation by applying to the Zone Directorate. If such a dispute is settled by the Zone Directorate through reconciliation, the matter shall be recorded in minutes and one copy shall be given to each party, with another copy kept by the Zone Directorate. Time Extension Article 54- In the application of the provisions of this regulation with regard to the periods of time, time extensions may be granted in line with procedures and principles determined by the General Directorate in cases of force majeure and unexpected circumstances. Arrangement of Places Incorporated in the Zone Article 55- Such places as are separated from airports and harbours and incorporated in the Zone shall be governed by the provisions hereof. Also, depending on the special conditions of such places, additional principles may be laid down by the Undersecretariat when deemed necessary. Information Services Article 56- In order to help to increase foreign trade, information services in areas such as; - Making and developing contacts with foreign entrepreneurs; - Passing on international statistics; - Supplying information on know-how, licence and cooperation proposals and - Passing on information on firms and foreign trade policies in industrialized countries may be provided by the Directorate General by way of passing on to users data of this kind supplied by international banks and various other national and international bodies and institutions. Zones Where There is no Operator or Z.F.O. Article 57- In Zones where there is no Operator or Z.F.O.’s, the duties assigned to these in this Regulation shall be executed by the Zone Directorate. Waiting Periods and Guarantees Article 58-(Amended with the Official Journal No 24849 and dated 17.08.2002) Goods, tools, materials and equipments that are brought into the Zone temporarily for maintenance or repair purposes and that are not owned by the users may not remain in the Free Zones for more than 12 months. During any temporary exit from a zone, for maintenance or repair purposes of investment goods and permanent fixtures registered in the books and records of a user, a guarantee in the amount of 0.5% of the book value is paid. A guarantee in the amount of %0.5 is paid on the CIF values of the goods sent temporarily to Turkey from Zone to be exhibited or to be displayed in fairs and of the goods which are bought from Turkey and brought into the zone but sent back to Turkey from the Zone to be changed or to be processed for not being in conformity with the order or the quality. Turkish Lira, foreign exchange, bank letters of guarantee, government bonds and treasury bills are accepted as guarantee. The guarantees received as Turkish Lira and foreign exchanges are collected in the temporary guarantee accounts, opened with the banks, which the Zone Directorate have subsidiary accounts with. However, letters of guarantee, government bills and treasury bonds are preserved in the safes of the Zone Directorate. Guarantees received are given back by the instruction of Zone Directorate when the goods temporarily removed out of the zone are brought in. Guarantees are liquidated if the goods, which are bound to the guarantee, are not brought in and this amount is recorded as income to the Special Account. Regulations Repealed Article 59- The following Regulations that have been issued previously are hereby repealed: - The Mersin Free Zone Regulations and Antalya Free Zone Regulations published in the Official Gazette No. 18896, dated 12 October 1985; - The Aegean Free Zone Regulations published in the Official Gazette No. 19974, dated 30 October 1988; - The Istanbul Atatürk Airport Free Zone Regulations published in the Official Gazette No. 20517, dated 13 May 1990; - The Adana-Yumurtalık Free Zone Regulations published in the Official Gazette No. 20626, dated 5 September 1990; - The Istanbul-Thrace Free Zone Regulations published in the Official Gazette No. 20784, dated 12 February 1991, and - The Trabzon Free Zone Regulations published in the Official Gazette No. 20811, dated 11 March 1991. Entry into Effect Article 60- This Regulation shall come into effect on the date of its publication in the Official Gazette. Execution Article 61- The provisions hereof shall be executed by the Minister to whom the Undersecretariat for Foreign Trade is attached. Interim Articles Interim Article 1- Favourable terms contained in Contracts signed with Z.F.O.’s and Operators before the present Regulations come into effect concerning - The operation of the Mersin Free Zone by MESBAŞ- Mersin Free Zone Operator Inc., from 10.10.1986 to 10.10.2006, - The operation of the Antalya Free Zone by ASBAŞ- Antalya Free Zone Operator Inc., from 10.10.1986 to 10.10.2006, - The operation of the Aegean Free Zone by ESBAŞ- Aegean Free Zone Operator Inc., from 30.10.1989 to 30.10.2019, - The establishment and operation of the Adana-Yumurtalık Free Zone by TAYSEB- Toros Adana-Yumurtalık Free Zone Founder and Operator Inc., from 12.12.1990 to 12.12.2020, - The establishment and operation of the Trabzon Free Zone by TRANSBAŞ- Trabzon Free Zone Founder and Operator Inc., from 10.07.1991 to 10.07.2010, shall remain in full force and effect until the contracts in question expire. Interim Article 2- The provisions of “Operation Licences” issued before the date upon which the present Regulation takes effect shall remain unaffected. Users who have received “Operation Licences” by the time this Regulation comes into effect shall exercice the rights laid down in paragraphs 4 and 5 of Article 11 hereof whenever they wish. Interim Article 3- Procedures started before this Regulation takes effect shall continue to be handled in conformity with the Regulations of the Free Zone concerned. Favourable provisions hereof shall also apply to procedures already started. Please note that the English version is an unofficial translation. Only the Turkish version of the Reulation is legally binding.
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