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Tarık KILIÇ
Customs Consultant
Import Regime Decisions contain provisions aimed at protecting the domestic industry and determining material policy. In this context, in order for domestic industrial enterprises not to lose the domestic market, to encourage the import of new technological products to Turkey, and to prevent Turkey from becoming the machinery dump of Europe, Article 7 of the Import Regime Decision 95/7606 states the following: “Old, used, renovated, defective (defective) and the import of flat goods (which have lost their durability over time) are subject to permit.”
A general permit is given for the import of machines that are not produced in Turkey at all, but are produced in Turkey but are not produced in sufficient quantities to meet the country's needs, in accordance with the provisions of the "Communiqué on Imports of Used or Renewed Goods" numbered 2020/9. According to the provisions of the Communiqué, those products that are not subject to authorization are listed under Annex-1, and those that are subject to authorization are listed under Annex-2. In this context, it is envisaged that factors such as minimum CIF value and investment incentives will be taken into account when entering the country for the products evaluated. To give a memorable example for the mentioned products, it can be said that there is a "crane" in Annex-1 list and "refrigerator" in Annex-2 list.
In Article 3 of the Communiqué, it is stated that those whose CIF value is not specified against the used or refurbished goods whose G.T.I.P. It is stated that the imports of those who have (including) within the scope of the investment incentive certificate are allowed within the scope of the free circulation regime, regardless of the unit CIF value shown against them. In other words, there is no need to obtain a separate permit from the Ministry of Commerce for the goods included in the list that meet the mentioned conditions.
A letter of conformity must be obtained from the General Directorate of Civil Aviation of the Ministry of Transport and Infrastructure for used civil aircraft and items for use in civil aircraft in list (a) in Annex-2 of the Communiqué. For used marine vessels in list (b) in Annex-2 of the Communiqué, a letter of conformity must be obtained from the General Directorate of Maritime Affairs of the Ministry of Transport and Infrastructure.
Again, according to Article 5 of the same Communiqué, other used or refurbished goods not specified in Annex-1 and Annex-2, as well as civil aircraft not included in Annex-1 but included in Annex-2 and those intended for use in them. In order to import goods that are not private goods or vessels within the scope of the free circulation regime, permission must be obtained from the General Directorate of Imports of the Ministry of Commerce. In the import of goods within this scope, it has become mandatory for the company to record the number given electronically by the Ministry within the framework of the "Single Window System" in the 44th section of the customs declaration. Otherwise, the import of the goods will not be allowed.
To put it briefly, if the necessary conditions are met, no preliminary permission will be obtained from any institution for the goods in Annex-1, a conformity permit will be obtained from the Ministry of Transport and Infrastructure for the goods in Annex-2, and the General Directorate of Imports will be issued for the goods not included in either list. What will be applied?
The General Directorate of Imports of the Ministry of Commerce is authorized to authorize duly imported imports and finalize the applications. In the evaluation, factors such as the supply conditions of the goods from the domestic market, their economic life and efficiency are taken into consideration.
Let's try to explain the issue by giving an example.
Goods for which no permit is required
For example, let's assume that we want to import a "Crane" type item, which is an item mentioned in Annex 1 list in Article 3 of the communiqué on the import of used or refurbished goods. This product;
- If the unit CIF value is not specified,
-If the unit has a CIF value equal to or more than the CIF value of the unit shown opposite (including other foreign expenses item),
-Regardless of the unit CIF value shown against those within the scope of investment incentive certificate,
Imports within the scope of the free circulation regime are allowed within the framework of Articles 2 and 7 of the Import Regime Decision.
However, the item named "Crane"
- Those that have a unit CIF value less than the unit CIF value shown against those that are not within the scope of the investment incentive certificate (including other foreign expenses items),
- Those who are over the specified age criterion,
Importation is not allowed.
-Goods for which a letter of conformity will be obtained from the relevant institutions
For example, let's assume that we want to import an item of the "Refrigerator" type, which is an item mentioned in the Annex-2 list in Article 4 of the communiqué on the import of used or refurbished goods.
In the import of goods within the scope of the free circulation regime, a physical or electronic conformity letter from the institution specified in the list is required.
It should also be noted that if the goods included in Annex 1 are also included in Annex 2, the import is carried out regardless of the unit CIF value, upon presentation of the conformity letter. For example, if the product named "Crane" is included in both Annex 1 and Annex 2 and the conformity letter is received from the General Directorate of Imports, it can be imported regardless of its CIF value.
-Goods for which a permit will be obtained
Regime of entry into free circulation for other used or refurbished goods not specified in Annex-1 and Annex-2, and goods not included in Annex-1 but included in Annex-2, but which are not civil aircraft and those intended for use on them or sea vessels. In order to be imported within the scope of import, permission is required from the General Directorate of Imports.
The applicant and/or his authorized representative are responsible for the accuracy of the declarations made and documents submitted within the scope of this import.
The Ministry of Commerce is authorized to carry out or have an examination conducted before or after the import process regarding the accuracy of the documents, information and declarations contained in the applications and regarding the imported goods.
If it is determined that the documents, information and/or statements are untrue or the permit has been transferred to third parties, the applicant and/or his authorized representative will not be allowed to apply for used or refurbished goods within 2 years from the determined date. The permit issued within the framework of Articles 2 and 7 of the Import Regime Decision is valid for six months. The permit cannot be transferred to third parties.
If the value or amount determined and accepted by customs during the registration of the customs declaration exceeds the value or amount registered in the application by a total of less than 5% (up to and including), this does not prevent imports.
In this context, companies that want to import products must be identified in TAREKS within the framework of the Risk-Based Control System Communiqué in Foreign Trade (Product Safety and Control: 2011/ 53) published in the Official Gazette dated 29/12/2011 and numbered 28157, and registered in TAREKS on behalf of the company. At least one user must be authorized to perform the transaction. Declarations regarding CIF unit values made through TAREKS do not replace the audits and controls regarding CIF unit values made within the framework of Law No. 4458.
Source:
-Communiqué on the import of used or refurbished goods (no. 2020/9)
-Articles 2 and 7 of the Import Regime Decision put into effect by the Council of Ministers Decision No. 95/7606 dated 20/12/1995
QUESTIONS AND ANSWERS
Question 1. Which institution is authorized to allow the entry into the country of goods brought within the scope of the "Communiqué on the Import of Used or Renewed Goods" numbered 2020/9 and not included in Annex-1 and Annex-2?
Answer: Ministry of Commerce General Directorate of Imports
End of 2. Which goods will not receive a permit according to the provisions of the "Communiqué on the Import of Used or Renewed Goods" numbered 2020/9?
Answer: I- Those whose unit CIF value is not specified,
II- Those who have unit CIF value equal to or lower than the unit CIF value shown opposite (including other foreign expenses item),
III- Regardless of the unit CIF value shown against those within the scope of the investment incentive certificate, imports within the scope of the free circulation regime are allowed within the framework of Articles 2 and 7 of the Import Regime Decision.
Question 3. How long is the validity period of the permit issued within the framework of Articles 2 and 7 of the Import Regime Decision?
Answer: The validity period of the permit issued within the framework of Articles 2 and 7 of the Import Regime Decision is determined as 6 months.
Question 4. If the value or amount determined and accepted by customs during the registration of the customs declaration for used goods exceeds the value or amount registered in the application by a total percentage or less, does it not prevent imports?
Answer: Exceeding by 5% or less does not prevent imports.
Question 5. If it is determined that the documents, information and/or statements regarding the used goods are untrue or that the permit has been transferred to third parties, within how many years from the determined date will the applicant and/or his authorized representative be allowed to apply for used or renewed goods?
Answer: Within 1 year
