Published in Official Gazette No. 19799, April 29, 1988
Principles Applying to Foreigners Seeking to Do Scientific Research or Study or to Shoot Films and to Those Applying on Behalf of Foreigners and Members Of International Press
(COUNCIL OF MINISTERS DECISION)
Decision No. 88/12839
Date of Acceptance: 4/4/1988
The aim of the following is to stipulate principles and methods for permitting work done by foreign legal and natural persons seeking to do scientific research, study, archeological excavation or similar work, or to shoot films, or the work of Turkish Republic nationals, either legal or natural, who work on behalf of these persons, and to regulate the activities of foreign members of the media in these issues.
a) These principles cover scientific study, research and archeological excavations sought to be done in Turkey on land, sea (including undersea), or air, and in lakes or rivers, concerning archeological, historical, geological, sociological and natural subjects, and also the recording of music, films and narration on these issues. Permits must be obtained beforehand for these activities, and those who obtain permits will additionally be assigned an official guide.
b) In all matters except scientific study, research, and archaeological excavations specified in clause (a), foreign journalists and radio and TV reporters are free to collect news and information, follow incidents and activities, do promotion, conduct interviews, take photographs, make sound recordings, and shoot video and film in public areas. All necessary facilities will be provided to foreign press and broadcast members, including the establishment of permanent and temporary press centers, to help them in those matters.
The principles applied to works by foreign press and broadcast members who have valid press cards, and come to Turkey for those purposes, are jointly arranged by the Foreign Ministry and the Directorate General of Press and Information.
(OG 10/11/2003-25285) Provisions of regulations on film, video and music works, and on foreigners who want to shoot film, and co-productions with foreigners, are applied to applications to record sound tapes for promotional purposes, and to shoot documentary and commercial video and films, excluding the matters specified in clause (a).
Applications to obtain permits will include necessary information on the research or study in question, or the film to be shot, the times and places involved, and the name of the applicant.
If the applicant has done work on the proposed research subject, that will be taken into consideration in the permit consideration process.
(OG 10/11/2003-25285) Applications to do archeological excavations or ground research will be made to the Foreign Ministry through the embassy in Turkey of the foreign applicant's country, or to Turkish representative offices abroad. The Foreign Ministry will assess the application and, in line with the proposed subject matter, will solicit the views of relevant government ministries and institutions, and tell the applicant the outcome.
Applications for work besides archeological excavations and ground research can be done in person or by mail (fax, e-mail, etc.) to the unit or the administration where direct research, study, shooting or similar study will be conducted. Applications will be processed within five days. Other relevant officials will be informed about the applications and their outcome.
Surface and underwater research can be permitted as part of international agreements that Turkey is party to and relevant legal provisions.
DENIAL AND REVOCATION OF PERMITS
Study, research or filming which can be regarded as harmful to our national security and interests is not allowed. Permits of those who operate outside the scope of their permits or whose operations are regarded as harmful will be revoked.
APPLICATION OF RELEVANT LEGAL PROVISIONS
In research and study done in restricted military zones, security zones, state archives, libraries and museums, archeological research and excavations, matters carried out privately outside the scope of permits given to the applicant will be conducted in line with relevant legal provisions in that area.
POST RESEARCH AND STUDY PROCESS
(OG10/11/2003-25285) Those who do research and study after obtaining permits will give a copy of their scientific reports and any work that was published to the authority from which they obtained authorization.
References to other legislation in decree no. 83/5963 dated 14/1/1983 will be regarded as referred to in this decree.
ENTRY INTO FORCE
These principles will come into effect on the date of their promulgation.
The Foreign Ministry will implement these principles.
RULES CONCERNING CUSTOMS FACILITIES
Published in the Official Gazette No. 19632 dated November 12, 1987.
PURPOSE AND JURIDICAL BASE
The fundamental principles in accordance with the Decree of Council of Ministers to design the basis and procedures of the custom facilities to be granted to foreign media and their representatives of foreign nationality.
PURPOSE AND JURIDICAL BASE
Foreign Media: establishment of a representative bureau of foreign media in accordance with the procedures in act in Turkey and which will only function true to its purpose.
Members of media of foreign nationality: journalists assigned to Turkey by their media organisations to a permanent job and who hold residence and work permits.
Members of media of foreign nationality who were temporaly assigned to Turkey: journalists of foreign nationality who temporaly come to Turkey to perform and were given temporal press card by the Directorate General of Press and information.
Takrir: documents to be filled in for the journalists of foreign nationality assigned to Turkey to a permanent job by the media establishment they represent and which is also approved by the Directorate General of Press and Information and thus permits customs facilities mentioned in fundamental principles.
Export: relevant articles mentioned in judicial decrees of the Customs Act (Number 1615). Directorate General: Directorate General of Press and Information.
Customs Facilities for foreign media representatives assigned to permanent jobs in Turkey.
PERMANENT MEMBERS OF FOREIGN MEDIA IN TURKEY
In accordance with the “Takrir” which has to be approved by the Directorate General of Press and Information, the foreign media establishments and their members of foreign nationality are exempted from all customs tax and duties for all tools and materials and their spare parts necessary for professional use as well as equipment, furnishing and household effects and goods, automobiles, mini buses, caravans or other transportation means which they will bring them, send in advance or receive after their arrival.
PRIVATE AND SERVICE VEHICLES
Journalists of foreign nationality who are assigned to permanent jobs in Turkey, in accordance with the “Takrir” approved by the Directorate General of Press and Information, can either bring customs tax exempted private vehicles with them on their arrival or import 2 months before and 6 months after their entry into Turkey or purchase locally.
Representatives bureau of foreign media stationed in Turkey can again import customs free service vehicles in accordance with the “Takrir”. The vehicle has to be registered in bureau’s name and can only be used for the functions of the bureau and by the representative bureau members.
Any journalist requesting importation of an item; if any, by the media representative bureau in Turkey and if not, the media establishment they are representing must fill in 5 copies of the “Takrir” stating the information mentioned below.
Also in the “Takrir” information including the accessories of the car, date and place of entry into Turkey should be given besides all other detailed definition of the car.
All “Takrirs” after being examined and approved by the Directorate General will be sent to the authorized customs office.
If any changes of motor or chassis numbers take pace, it has to be notified and a new “takrir” requested.
The date of approval of the new “takrir” will be considered as the date of importation and the periods referred in the regulations will be calculated as of this new date.
SALE OF IMPORTED VEHICLES
Foreign media members who are leaving Turkey permanently and foreign media representatives ending their functions in Turkey should re-export, sell or transfer their cars imported customs free in accordance with the decrees mentioned above.
RE-EXPORTATION, SALE AND TRANSFER OF PERSONAL CARS
The re-exportation, sale or transfer of any car imported according to the decrees mentioned above must have the permission of the Directorate General of Press and Information.
Sale and transfer permits can be only be given if the foreign media representative leaves Turkey permanently or at the end of the 3 year time limit after the given importation date.
In case of definite departure, permission should not be granted within a minimum two-year period after the importation date.
Transfer can be made to a foreign press representative or a person who also enjoys customs privileges.
Foreign press members who do not leave Turkey permanently after selling or transferring his/her car at the end of the three-year period may import a customs free car again on condition that it is later re-exported.
EXPORTATION, SALE AND TRANSFER OF SERVICE CARS
The exportation, sale or transfer of cars imported under the above conditions, depends on the permission of the Directorate General of Press and Information.
Service cars can be transferred at the end of a 5 year period or if the foreign press establishment decides to terminate activities in Turkey. Mini-buses, caravans and other vehicles as such, apart from automobiles, can only be transferred or sold if the foreign press establishment terminates its activities in Turkey. They are not allowed to sell their service cars if a minimum 4 year period has not elapsed since the importation date.
Transfer can only be made to a foreign press representative or a person who also enjoys customs privileges.
Foreign press establishments which had sold or transferred their service vehicles but not terminated their activities at the end of the five year period, may only be allowed to import a tax-exempted vehicle on the condition that the mentioned vehicle is to be exported.
Re-exportation of cars imported to Turkey with “TAKRİR” is subject to prior notification. The request for re-exportation should be made with a “Note verbale” stating full description of the car, name and tihe position of the owner, registration number, date of exportation and the port of customs where the car will be re-exported. A copy of the approved original “TAKRİR” of importation should be attached to the verbal note.
Unless a process of re-exportation is completed and the number plates and traffic licence returned to the Directorate General, a new import permission is not granted. Re-exportation should be certified with an official document or endorsement of the Turkish customs port authority, on the traffic licence.
The official documents indicating the actual accomplishment of the re-exportation should be submitted to the Directorate General for the closure of the relevant files by the customs authorities.
Permission of the sale is requested with a verbal note, to which a copy of the original “TAKRİR” of importation approved by the Directorate General and a photo-copy of the traffic licence should be attached.
Sale permission which is valid for 2 months, may be extended for a further 2 month period should a request is made in a writen form before the period ends. Sale permission for the same car will not be re-granted.
In the case of definite departure, sale permission may be granted 2 months before the definite departure. The date of definite departure should be indicated in the verbal note. This permission cannot be prolonged.
Upon the granting of sale permission, the car should be delivered to the customs authority. It can be taken by the purchaser after payment of all relavant taxes, duties and other obligations that the Turkish regulations stipulate.
Permission for transfer is requested with a verbal note, which indicates the specifications of the vehicle, the names and the positions of the persons who are selling and purchasing, and the registration number, and to which a copy of the original “TAKRİR” of the importation approved by the Directorate General.
The transfer is realised in the customs according to a new “TAKRİR” of importation which is issued in the name of the purchaser. The date of new registration with the name of the new owner, is considered as the new importation date.
THEFT AND ACCIDENT
A car, which has been stolen or became a total write-off as a result of a traffic accident, is exempt from taxes. Theft or accident should be certified by a court decision or an official document prepared by the public prosecuter or the highest local administrative authority. The wreckage of the car should be delivered to the customs after the prior permission of the Directorate General of Press and Information.
In case of an accident, it must be certified by an official expert’s report or an oficial report of the traffic administration, that the damage is more than 70 %, in order to leave the car to the customs.
Replacement of stolen or wrecked cars is left to the discretion of the Directorate General of Press and Information.
PROFESSIONAL EQUIPMENT AND SPARE PARTS
Depending on the “TAKRİR”, foreign media establishments and foreign members of media can import all kinds of technical equipment and their spare parts, which are neccessary of their professional use, exempted from taxes and duties.
For the importation of a new or another main item of equipment, within the period of stay, application to the Directorate General for permission should be made, containing detailed information (with regard to the kind, make, model, type, quantity, value and particularly the purpose and place of use), before ordering the goods. In case of the definite departure of the foreign press member or the closure of the representative bureau, the equipment must be re-exported.
The equipment can be transferred to the journalists or the representative offices that enjoy the same privileges with the permission of Directorate General of Press and Information or can be sold to the third parties provided that all the custom duties and relevant taxes have been paid.
In order to transfer or sale these professional equipments during the period of stay it is required beforehand that new equipments to be purchased according to the developments in technology and neccessities of the work. The transfer and the sale of these equipment is subject to the permission of the General Directorate of Pres and Information.
Permission for the importation of spare parts for equipment exempt from custom duties, may be granted by the Directorate General.
“TAKRIRS” for importation of professional equipment and spare parts are prepared beforehand or after their arrival at the Turkish customs. “TAKRİR” forms (which includes the information on the date of arrival and arrival port, custom papers etc.) must be filled in completely and the invoices/profoma invoices should be attached to the “TAKRIR”.
“Takrirs” for such equipment should be prepared in 5 copies and should include detailed information regarding kind, quantity, serial number, type, value, model and the purpose and place of use. The identity card of the applicant as well as prospectus and manuals for the equipment should also be attached to the “takrir.”
The re-exportation request for imported professional equipment should be submitted to the Directorate General with a verbal note to which a copy of the original takrir of importation which was approved by the Directorate General, should be attached.
After re-exportation of the equipment included in the takrir, the official documents proving actual re-exportation should be submitted to the Directorate General for the closure of the relevant files by the Customs authorities.
For the exportation of equipment and material purchased in Turkey, presentation of the original invoices is essential.
Request for sale permission should be submitted by the representative bureau or the member of foreign media, to the Directorate General with a verbal note to which a copy of the original takrir of importation bearing the approval of the Directorate General should be attached.
Sale and delivery of the equipment for which sale permission is granted are carried out in compliance with the Customs Act No. 1615.
Sale and delivery are realized at the Customs. All relevant taxes and duties pertaining to the professional equipment and material should be paid before the delivery to the purchaser and a certified copy of receipts or documents related to the payment of taxes and duties should be presented to the Directorate General.
Transfer of imported professional equipment and material to foreign press representations or members enjoying the same priviliges is effected on the base of takrir and upon permission from the Directorate General.
Household effects, office equipment and consumable goods
Foreign media members appointed to Turkey may import personal and household effects and office equipment for their representation offices customs tax-exempted upon their arrival or in two months prior to or six months after their arrival on the basis of takrirs including a detailed list of the items being imported. For electrical and electronic items, a full description is essential.
Foreign media members may import only one of each kind of electrical and electronic articles, such as washing machine, refrigerator, dishwasher, television set, video cassette recorder and the like.
For importation of a second article of the same kind, permission of the Directorate General should be sought with adequate justification before placing the order.
No permission is granted for re-importation of the household effects and office equipment for a duration of five years starting from their arrival.
A foreign media member may import up to 144 bottles (70cc) of spirits (beverages with high degree of alcohol) and 52 cartoons of cigarettes in a calendar year. The Directorate General may permit the importation of other consumable goods including light alcoholic beverages (wine, beer, etc.) and tobacco provided the quantities are kept at a reasonable level.
Importation takrirs should be prepared after the arrival of the consignment at the Turkish customs. All relevant columns of the takrir should be duly filled in (including the date and place of arrival number and date of Customs notice or bill of lading.) Copies of Customs notice or bill of lading should also be attached to the takrir.
Takrirs for durable consumer goods such as elecrical and electronic household appliances, furniture and the like, should be prepared in five copies and should contain a full description (make, model, type, size, weight, price) of each article to be imported. A copy of the identity card of the applicant should also be attached to these takrirs.
Takrirs for consumable goods should be prepared in four copies and should contain adequate description and full list of the items to be imported.
With the exception of the period of initial settlement, only one takrir will be approved a month for each foreign media member for importation of consumable goods.
Importation takrirs for consumable goods should carry the signature of the bureau chief or the person concerned if there is no representation offfice.
DISPOSAL OF IMPORTED ARTICLES
It is essential that all articles imported with takrirs by foreign media representations or members should be duly disposed of by re-exportation or transfer.
a of the Customs Act of No. 1615 concerning this matter is reserved.
All imported durable goods should principally be re-exported. A re-exportation request should be made to the Directorate General with a verbal note to which a copy of the original takrir of importation bearing the approval of the Directorate General should be attached.
After the re-exportation of durable goods included in the takrir, the official document proving actual re-exportation should be submitted to the Directorate General for the closure of the relevant files by the Customs authorities.
For the exportation of goods purchased in Turkey, presentation of the original invoices is essential.
The permission of the Directorate General is essential for the transfer of durable goods imported with takrirs to foreign press representations or members enjoying the same privileges.
Transfer permission is only given upon the termination of the activites of the foreign media representation or when the foreign media member leaves Turkey definitely or at the end of a five-year period from the date of importation.
Transfer is effected in the Customs on the basis of the importation takrir of the new owner.
Paragraph 13 of the Article 119 of the Customs Act of No.1615 is implemented at the end of this period.
FOREIGN MEDIA MEMBERS COMING TO TURKEY ON TEMPORARY ASSIGNMENT
Foreign media members of non-Turkish nationality coming to Turkey on temporary assignment may import customs tax and duty free professional equipment and materials and their spare parts as well as motor vehicles upon arrival or during the temporary assignment on the basis of declaration and registry.
Re-exportation of all items upon the termination of the assignment is essential and these items can neither be transferred nor sold.
Foreign media members of non-Turkish nationality coming to Turkey on temporary assignment and travelling in their own motor vehicles may deliver their motor vehicles to the Directorate General or its Provincial Representations, if the need arises, after receiving the relevant permission from the Directorate General of Press and Information and may exit from or enter Turkey without their motor vehicles, for a period of three months at the most.
The vehicles which are not taken back by their owners after the end of the three month period will be delivered to Customs.
Such motor vehicles can be driven in Turkey only by the foreign media member of non-Turkish nationality holding the Certificate of Ownership of the motor vehicle. No one may drive these vehicles if the owner leaves Turkey temporarily.
Foreign media members of non-Turkish nationality coming to Turkey on temporary assignments should register their professional equipment and material to international ATA cards in order to bring them to Turkey and should take them all out of the country upon termination of the temporary assignment.
PROVISIONAL ARTICLES, ENTRY INTO FORCE AND IMPLEMENTATION
Foreign media representation and members presently in Turkey on permanent assignments should submit the takrirs for previously imported professional equipment and material, their spare parts, office equipment and all items and motor vehicles to the Directorate General within three months after this Basics enters into force.
These persons may import customs tax-exempt motor vehicles, household effects and office equipment they need on the basis of takrirs and in compliance with this Basics within six months after this Basics enters into force.
ENTRY INTO FORCE
This Basics enters into force on the date of its promulgation.
The State Minister implements this Basics.