DECREE NO. 32 REGARDING THE
PROTECTION OF THE VALUE OF THE TURKISH CURRENCY
PART I GENERAL PRINCIPLES
Purpose, Subject, Authority and
Reserved Provisions
Article 1 - The regulatory and restrictive
principles are determined and laid down by this Decree for the purposes of protection of
the value of the Turkish Currency in connection with the determination of the value of the
Turkish currency against foreign currencies, all the operations relating to foreign
exchange and the instruments representing foreign exchange (including securities and other
capital market instruments), the use and management of foreign exchange, imports and
exports of the Turkish currency(including securities and other capital market
instruments),transactions related to precious metals, stones and articles, issue of
permits for the imports with waiver by collecting premium, imports, exports, exports and
imports of special nature, invisible transactions and foreign exchange transactions
related to capital movements.
Violations of this Decree and the
Communiqués to be published by the Ministry for the purposes of implementation of this
Decree are considered as violations of Law No.1567 and its supplements and amendments.
Special provisions taken place in different
laws and international agreements are reserved.
Definitions
Article 2 - The following terms shall have
the meanings given below in the implementation of this Decree
a) Ministry: The Ministry which the
Undersecretariat of Treasury is attached to,
b) Residents: The real persons and legal
entities who reside in Turkey including the workers, members of independent profession and
independent businessmen and those residing in Turkey for more than 6 months permanently
within one calendar year with the intent of settlement (The real persons and legal
entities among non-residents those open branches or establish a company or participate to
a company in Turkey, through capital allocation according to Turkish Republic Laws, are
pertaining only to those activities regarded as residing in Turkey),
c) Non-residents: The real persons and
legal entities not considered as residents of Turkey,
d) Travellers: The persons holding a valid
passport or documents acceptable in place of a passport and arriving at the gates of entry
and exits designated by the Ministry of Finance and Customs in order to enter into or
depart from Turkeye) Turkish Currency: The money in circulation in Turkey according to the
Laws of the Republic of Turkey or even if they have been removed from circulation, the
time allowed for their replacement has not expired yet,
f)
Instruments enabling payment in Turkish Lira: All instruments and means enabling payment
in Turkish Lira such as commercial and ordinary bills, letters of credit, credit cards,
travellers cheques, remittances and letters,
g)
Foreign currency notes: Currencies of all foreign countries in the form of notes.
h)
Foreign Exchange: Foreign currency notes and all other instruments, accounts and means
enabling payment in foreign currency.
i)
Securities: All Turkish and foreign securities traded in capital and money markets, (in
the implementation of this Decree, mutual funds participating certificates are taken
into consideration as securities)
j)
Precious metals: Gold and platinum of all kinds and in all forms.
i) Unprocessed gold: Gold in the forms of
bars or ingots with minimum purity of 995/1000, the characteristic of which determined by
the Undersecretariat.
ii)
Processed gold: Gold with the purity of less than 995/1000, purchased and sold after
either being transformed into ornaments or jewelry by application of workmanship or being
added substances into or not.
k)
Precious stones: Diamond, brilliant, ruby, emerald, topaz, sapphire, crystallite and
pearl,
l)
Precious articles: Articles, made from or containing precious metals or precious stones,
m)
Central Bank: The Central Bank of the Republic of Turkey and its branches,
n)
Banks: The banks operating in Turkey under the Banks Act,
o)
Authorized Institutions: The joint stock companies authorized to conclude transactions in
foreign exchange and also precious metals, stones and articles within the framework of the
procedures and rules set out by the Ministry.
p)
Special Finance Institutions: The finance institutions in the form of Joint Stock
Companies allocating funds to the economy by raising funds within the country and abroad
in addition to their capital within the framework of the procedure and rules set out
pursuant to the Decree supplementing Decree No. 83/7506, dated December 16, 1983,
r) PT:
General Directorate of Turkish Postal Services,
s) Other
capital market instruments: capital market instruments, other than the securities (as
defined in the subparagraph (i) of this Article), which are determined by the Capital
Market Board,
t)
Undersecretariat: Undersecretariat of Treasury ,
u)
Precious metals intermediary institutions: The banks, the authorized institutions and the
precious metals intermediary companies having operation permissions issued in accordance
with the legislation related to precious metals exchange.
PART II PROVISIONS CONCERNING TURKISH
CURRENCY, FOREIGN
EXCHANGE, PRECIOUS METALS, STONES AND
ARTICLES
Turkish Currency
Article 3-a) The import of the Turkish
currency and the means enabling payments in Turkish lira is free. The export of the same
is free within the framework of principles in the following:
i) Residents and non-residents may freely
send Turkish Lira abroad through banks and special financial institutions.
ii) Travellers may freely take abroad
Turkish Lira banknotes whose value is not exceeding US$ 5.000,- .
iii) The export of the means enabling
payment in Turkish Lira is free.
b) Non-residents may freely pay, receive
and make deposits in Turkish Lira in Turkey
c) Banks and special finance institutions
inform authorities, determined by the Ministry, about transfers abroad exceeding Turkish
Lira equivalent to US$ 50.000 , excluding payments for import and invisible transactions
as well as capital export within 30 days from the date of transfer.
Foreign Exchange
Article 4-a) Import of foreign exchange to
Turkey is free.
b) Turkish residents may freely hold
foreign exchange with them, purchase foreign exchange from authorized institutions,
special finance institutions, PT and precious metals intermediary companies; keep foreign
exchange in foreign exchange accounts they open in banks, use as bank notes, make use of
them within the country and abroad through banks and special finance institutions.
c) Acceptance of foreign exchange by the
residents from the non-residents in return for the transactions they will conclude in
Turkey is free.
d) Non-residents may freely purchase
foreign currency from the banks, authorized institutions, special finance institutions, PT
and precious metals intermediary companies.
e) Residents and non-residents may freely
transfer foreign exchange abroad through banks and special finance institutions.
Banks and special finance institutions
inform authorities, determined by the Ministry, about transfers abroad exceeding US$
50.000 or its equivalent of foreign currency notes (including transfers from foreign
exchange deposits), excluding payments for import and invisible transactions as well as
capital export within 30 days from the date of transfer.
f) Travellers may take up to US$ 5.000 or
its equivalent of foreign currency notes out of the country.
Non-residents and although considered as
residents, those Turkish citizens working abroad-provided that they have declared it on
their arrival- and residents those present a document that they purchase foreign exchange
from the banks and special finance institutions within the framework of the regulations on
invisible transactions, may freely take abroad foreign currency notes whose value is
exceeding US$ 5.000,- .
Exchange Rates
Article 5- The value of foreign currencies
against the Turkish Currency are determined within the framework of the procedures
established by the Central Bank.
Purchase and sale of foreign exchange are
realized at daily exchange rates on the date of the transaction. The provisions of Article
6 and 8 of this Decree are reserved.
At the time of documentation relating to
the purchase and sale of foreign exchange for setoffs, bid rates on the date of the
transaction are applied.
Transactions Related to Foreign
Exchange
Article 6- Transactions related to foreign
exchange are conducted by the Central Bank, banks, authorized institutions, special
finance institutions and precious metals intermediary companies in convertible foreign
currencies determined by the Central Bank, and the purchases of foreign exchange brought
into the country according to the foreign capital legislation is realized by the banks.
The procedure and principles to be observed in the purchase and sale of non-convertible
foreign currencies are determined and published by the Central Bank. Banks and precious
metals intermediary institutions may execute forward foreign exchange transactions.
Central Bank is authorized to issue regulations related to forward purchase and sale of
foreign exchange.
PT may execute foreign exchange
transactions within the framework of principles approved by the Ministry.
Banks, authorized institutions special
finance institutions, PT and precious metals intermediary companies transfer their foreign
exchange holdings to the Central Bank within the framework of the principles and the
ratios to be set out by the Ministry.
The above mentioned organizations (except
PT) which have completely fulfilled their foreign exchange obligations towards the Central
Bank may carry out, within the framework of the rules set out by the Central Bank, all
kinds of transactions in foreign exchange by participating in the Foreign Exchange and
Foreign Currency Note Market established in the Central Bank provided that they have
complied with all the other conditions set out by the Central Bank.
Banks, authorized institutions, special
finance institutions, PT and precious metals intermediary companies may, according to
banking customs and practices, freely use their foreign exchange holdings preferably in
meeting the countrys requirements provided that they comply with this Decree and the
principles to be determined by the Central Bank.
Precious metals, stones and Articles
Article 7- a) Imports to Turkey and exports
from Turkey of precious metals, stones and articles are free within the rules of foreign
trade regime. In the exportation and importation of unprocessed gold, however, the
provisions of Import and Export Regimes and Regulations are not applied provided that a
declaration must be submitted to the Customs Administrations. Importation of unprocessed
gold are made by the Central Bank and precious metals intermediary institutions which are
the members of the Precious Metals Exchange. However the members of the Precious Metals
Exchange must surrender the unprocessed gold imported by themselves to Istanbul Gold
Exchange within three days.
b)Purchase and sale of precious metals,
stones and articles in the country are free.
c) Travellers may bring into and take out
of the country with them, articles made from precious metals and stones being of the
characteristics of ornamental articles, the value of them not exceeding US$ 15.000 and
having no commercial purpose. Taking out of the country of the ornamental articles above
the said value is dependent upon their declaration on arrival or authenticating that they
have been purchased in Turkey.
d) Central Bank and precious metals
intermediary institutions shall execute purchase and sale in Turkey of unprocessed gold
that they imported, only in Istanbul Gold Exchange.
PART III FOREIGN TRADE
Export
Article 8- a) It is obligatory for the
exporters to bring into the country and sell foreign exchange receipts of the goods
exported for commercial purposes or document it, in case the receipts are in Turkish
currency, to the banks or special finance institutions, within 180 days of the date of
shipment excluding delays due to the special events foreseen in this Decree and the events
of force majeure approved by the Ministry.
However;
i) In the event that at least 70 percent of
the export proceeds in foreign exchange is brought and sold to banks or special finance
institutions within 90 days as of the date of shipment, the residual part corresponding to
30 percent may be left to the free disposal of the exporter.
ii) The export transactions involving the
export of the spare parts and material within the scope of the services provided by the
residents based on the technical service contract they have made with non-residents
(including repair, maintenance, installation services and similar services) and being
included in the cost of the service specified in the contract are subject to the
provisions of the Export Regime in force.
iii) It is not mandatory to bring the
export proceeds of unprocessed gold into the country.
b) The Ministry is authorized to lay down;
i) The
principles governing period, extension and exchange rate to be applied in the justified
events and the events of force majeure preventing the bringing into the country in time of
the export value.
ii) The
procedure and principles governing the period of bringing into the country the value of
exports of special nature,
iii) The
course of actions to be taken when the value of exports is not brought into the country in
time,
iv) The
principles and procedures concerned with closing export accounts in factoring, leasing and
forfeiting operations,
v)
Principles and procedures related to the terms of export payment.
c) In the cases when the export proceeds in
foreign exchange are brought into the country, which is compulsory, after the periods
provided for in this Article, the favorable difference which occurs between the rate
effective on the last day of the period and the rate effective on the day on which the
foreign exchange is sold, is not paid to the parties concerned but to the Support and
Price Stabilization Fund, even in the cases when it happens within the extensions.
Export proceeds in foreign exchange brought
into the country with delays due to the events of force majeure approved by the Ministry
are bought at the current exchange rate.
d) Those who export goods through the
customs gates undeclared by quantity, quality or value, or by smuggling from other borders
and coasts are obliged to repatriate the foreign exchange representing the value of such
goods and sell them to a bank within 90 days starting from the date notified by the
exchange auditing authorities. However, repatriation of foreign exchange does not abolish
the criminal liabilities under Law No. 1567 and its supplements and amendments.
Import
Article 9- According to banking customs and
practices and the agreements between the buyer and the seller, banks and special finance
institutions that are intermediating the imports pay either in Turkish Lira or foreign
exchange the value of imports from their own sources and within the procedures to be set
out by the Ministry, from the foreign exchange accounts of importers.
The Ministry determines the principles
governing;
a) The course of actions to be taken during
the period starting from the transfer of import payments to the closing of import
accounts,
b)
Imports without allocation of foreign exchange (covering both commercial and
non-commercial types),
c)
Imports of special nature and exceptional imports,
d) The
forms of import payments,
The vehicles, goods and articles
temporarily imported or imported under exemption according to this Decree and legislation
are taken out from the country or abandoned to the customs on the expiry of their allowed
periods. Transfer or sale of these vehicles, goods and articles to others in any manner or
acquisition of them by the real persons and legal entities, permanent import of them and
transfer of their value when necessary, are subject to the permission of the Ministry.
PART IV INVISIBLE TRANSACTIONS
Transactions requiring payments in
foreign exchange
Article 10- The transfer of Turkish
Currency and the allocation and transfer of foreign exchange and the sale of foreign
currency notes in relation with the international transports, banking, insurance and
services rendered abroad and other invisible transactions are performed by the banks and
the special finance institutions within the framework of the procedures, rules and limits
to be determined by the Central Bank.
Foreign exchange earning transactions
Article 11- The residents may freely
dispose of the foreign exchange earned in return for all services (including contracting
services) rendered within the country or abroad for the non-residents or on behalf of
them, and the foreign exchange pertaining to the expenses incurred on behalf of and for
the account of non-residents.
PART V CAPITAL MOVEMENTS
Capital inflow to Turkey
Article 12- It is free for the
non-residents to establish a company, participate in a new or existing company, to make an
investment by opening a branch and to engage in all activities aiming at production of all
kind of goods and services and opening liaison office provided that the necessary
permission is obtained pursuant to the Law of Encouragement of Foreign Capital No.6224 and
operations are carried out within the framework of the permission granted and the required
capital is brought into the country.
The conclusion by the residents with the
non-residents of agreements concerning license, know-how, technical assistance and
management is free, provided that the necessary permission is obtained according to Law
No.6224
Engaging in commercial activities and
establishing ordinary partnership (excluding the ordinary partnership formed for
international tenders) in Turkey by the non-residents other than their incorporated
companies and branch and liaison offices opened in Turkey pursuant to the foreign capital
legislation and petroleum law, and concluding license and representation agreements by the
residents with the credit card companies residing abroad, are subject to the permission of
the Ministry. The rules for such matters as well as transfer of profit, proceeds of sales
and liquidation, the amounts to be paid in accordance with license and representation
agreements are laid down by the Ministry.
Capital outflow from Turkey
Article 13- The residents may freely
transfer capital, in order to establish companies for the purpose of realizing investments
or commercial activities or to participate in an enterprise or to open branches abroad or
in the free zones in Turkey, in the form of cash up to US dollar 5 million or the
equivalent in other foreign currencies through banks and special finance institutions, and
in kind, according to the provisions set forth in the customs legislation. The transfer of
capital, in kind or in cash, amounting to more than US$ 5 million or its equivalent is
permitted by the Ministry.
The residents are free to establish
representative, liaison and similar offices abroad and to transfer establishment expenses
and operational costs through banks and special finance institutions.
The banks, special finance institutions and
customs administrations inform the Undersecretariat, about the residents transferring
capital abroad or to free zones in Turkey for investment or commercial purposes, within 30
days from the date of each transaction.
The residents transferring capital abroad
or to free zones in Turkey, will provide the information to the Undersecretariat related
to the branches, companies or partnerships they have established abroad within one year
from the date of transfer, by submitting the documents pertaining to the permissions
obtained from local official entities, articles of incorporation, commencement date and
address of the activities, annual report, profits transferred into the country, capital
formation and/or changes in the amount of the capital and the termination date of the
activities.
Banks and special finance institutions will
inform the Undersecretariat about the transfers they make regarding representations,
liaison and similar offices abroad by quarterly reports, until the end of the month
following each quarterly period.
The residents establishing representative,
liaison and similar offices abroad, will inform the Undersecretariat, within 90 days from
the date of establishment, submitting the documents pertaining to the permissions obtained
from local official entities, commencement date, address and the termination of the
activities of the established institution.
Transfer of wealth
Article 14- Import requests by immigrants
and refugees falling outside the scope of Article 31 of the Settlement Law, Decree of
Imports with Waiver and Customs Legislation are concluded by the Ministry.
Principles for transfers of wealth in and
outside the country excluding the special permissions given under the Customs Law are
determined by the Ministry.
Securities
Article 15- a) The physical movement of the
securities and other capital market instruments into and out of the country is free.
b) It is free for the residents to issue,
introduce and sell securities and other capital market instruments abroad.
c) Issue, public introduction and sale of
the securities and other capital market instruments by non-residents are realized within
the framework of the provisions of the Capital Market Legislation.
d) (i) It is free for non-residents
(including mutual funds and investment companies abroad) to buy and sell all securities
and other capital market instruments through intermediary companies and banks authorized
according to the Capital Market Legislation and to transfer the income and the sales
proceeds from such instruments and other capital market securities, through banks and
special finance institutions.
(ii) It is free for residents to purchase
and sell securities traded on foreign financial markets abroad through banks, special
finance institutions and intermediary companies authorized according to the Capital Market
Legislation and to have their purchase value transferred abroad through banks and special
finance institutions.
e) Banks and intermediary companies submit
to the Undersecretariat quarterly reports on such transactions.
Real Estate and Property
Article 16- It is free to transfer ,through
banks and special finance institutions, the revenues and sales proceeds of real estate and
real rights appertaining to these assets owned or bought by non-residents .
The Undersecretariat of Treasury is
informed as of quarterly periods about transactions related to acquisition and sale of
real rights appertaining to the real estate and property of non-residents by the General
Directorate of Deeds and Land Survey, banks and special finance institutions within 30
days following the preceding period.
Credits
Article 17- a) Residents may freely obtain
credits in kind or in cash from abroad provided that they utilize such credits through
banks or special finance institutions. However, the terms of prefinancing credits may not
exceed one year.
It is obligatory to submit a copy of the
credit agreement to the Ministry within 30 days after the entering into force of the
agreement for the credits with the maturity of more than one year in order to be entered
and registered in the "Debt Log" kept in the Ministry.
The rules for the follow up of the credit
with the maturity of less than one year are determined by the Central Bank.
Payments of interests and other charges on
the said foreign credits as well as the principal payments are transferred by the banks
out of their own sources.
The Ministry is authorized to follow up
credits obtained from abroad on real person and legal entity basis, to impose, if
necessary, prohibition, limitation, to stop repayment of the credits not registered in the
"Debt Log" despite they were required to.
b) The residents may extend foreign
exchange credits as follows:
i) Commodity credits to be extended by
banks according to the Import and
Export
Regimes,
ii)
Foreign exchange credits with one year term to be extended by banks for financing export,
sales and deliveries to be considered as exports and for activities earning foreign
exchange,
iii)
Foreign exchange credits to be extended by banks for financing investment goods and to the
residents who are entitled to obtain foreign credit within the scope of investment
incentive certificate,
iv)
Foreign exchange credits to be extended to Turkish entrepreneurs working abroad and to
residents who have been awarded international tenders in Turkey or who have undertaken
defense industry projects approved by the
Undersecretariat
of Defense Industry,
v)
Foreign exchange credits to be extended by banks to the residents in accordance with the
rules to be set out by the Ministry,
vi)
Foreign exchange credits in cash that the banks will extend abroad up to the total amount
of the foreign exchange credits and the foreign exchange deposits they have obtained.
c) Credits in Turkish Lira to be extended
abroad by banks within the framework of the banking customs and practices.
d) Interests and other charges on the
credits mentioned in this article are freely determined between the parties concerned.
Exchange rate risk arises from credit transactions is carried by the parties concerned.
The procedure of implementation related to
the credits are laid down by the Central Bank according to the principles set out by the
Ministry.
Baks take the necessary measures to bring
into the country in time, the proceeds of the extended credits such as the principal,
interest and other charge payments as well as follow up this matter and inform the
Undersecretariat of Treasury of the adverse cases.
Non-pecuniary credits , guarantees
and sureties
Article 18- Residents may freely obtain
non-pecuniary credits, guarantees and sureties from abroad. They may freely issue
guarantees and sureties in favor of residents and non-residents.
Banks may freely issue guarantees and
sureties in foreign exchange, in favor of residents on behalf of non-residents, and both
in favor of as well as on behalf of residents regarding international tenders in Turkey.
It is free to establish ship mortgages in
foreign exchange pertaining to the credits obtained for purchase of ships from abroad
within the coverage of the Law No.2581 on Development of Maritime Merchant Fleet and
Encouragement of Shipping Construction Facilities dated Jan.14,1982, as well as the
decrees and regulations attached to this Law.
Banks and special finance institutions will
inform the Undersecretariat about the amounts claimed for payment and transferred abroad
under the liquidated guarantees and sureties within 30 days from the date of transfer, and
residents other than banks and special finance institutions will inform the
Undersecretariat about guarantees and sureties issued in favor of non-residents within 30
days from the date of issue.
Foreign Exchange and Gold Deposit
Accounts
Article 19-The Central Bank and banks may
open foreign exchange and gold deposit accounts for the benefit of the residents and
non-residents. Account holders may freely use such accounts. The interest payable on such
accounts is freely determined between the bank and the account holder. Transfers of the
principal and the interest as well as return of the gold are made by the banks out of
their reserves.
Exchange rate risk arises from these
accounts are carried by the parties concerned.
PART VI PROCEDURE AND JOINT PROVISIONS
Authority
Article 20- The Ministry is authorized to
take all measures it may deem necessary to enable the enforcement of this Decree and to
protect the value of the Turkish currency, to examine and conclude the special cases other
than the events specified in the Decree, to authorize import with waiver exceptionally by
collecting additional premium to Public Housing Fund up to % 100 of CIF value of the goods
to be imported, to extend the time allowed for bringing the foreign exchange into the
country in the justified cases and events of force majeure and to lift partly or entirely
the obligation of bringing foreign exchange into the country and to change the amounts
called for in Articles 3,4,7 and 13 of this Decree.
Applications for the execution of the
decisions taken by courts or administrative authorities which entail imports of goods into
the country in order to collect a claim or for other reasons, are concluded by the
Ministry within the framework of the provisions of this Decree.
Control
Article 21- During the controls realized by
the personnel authorized to execute exchange controls and/or the Exchange Control Offices
(both are called Exchange Auditing Authorities), when operations of the persons who are
entitled to carry out those operations foreseen in this Decree are discovered as contrary
to the provisions of the Decree, Articles of the Criminal Courts Procedure Law concerning
the Reporting and Search are applied against them.
The governmental department and
institutions as well as the real persons and legal entities in Turkey (excluding those
deemed exempt under special laws and agreements) are obliged to provide the information
requested in writing by the exchange auditing authorities and show them the records and
books for the inspection of the transactions covered by this Decree. The Ministry is
authorized to terminate partly or entirely and temporarily or indefinitely the operations
of such persons or make their further operations dependent on establishing a guarantee and
if necessary, forfeit such guarantees to the Treasury in part or in full or cancel the
obligation of establishing a guarantee in the case of the existence of a justified excuse
or event of force majeure.
The banks, authorized institutions, special
finance institutions, precious metals intermediary companies and all other related
institutions are obliged to provide all statistical information to be requested by the
Central Bank on the foreign exchange transactions covering a certain period of time. The
Central Bank is authorized to conduct investigations concerning these matters at the banks
and the said institutions.
The authority of the banks, special finance
institutions, authorized institutions, PT and precious metals intermediary companies which
fail to fulfill their obligations hereunder to act as an intermediary in the exchange
transactions may be withdrawn partially or entirely by the Ministry.
Periods
Article 22- The day on which the
transaction is concluded, is not taken into account in the calculation of the periods
specified in this Decree and the Decrees to be published as supplements thereto and
the related Communiqués which give rise to a right and result in loss of a right and the
failure to comply with which shall constitute a violation.
However, should the last day of the periods
to be calculated overlap with an official holiday, the periods shall expire at the end of
the working hours of the next business day.
Foreign exchange purchase and sale
receipts and certificates of transfer
Article 23- The banks, special finance
institutions, authorized institutions PT and precious metals intermediary companies have
to issue purchase and sale receipts for foreign currencies and transfer certificates for
Turkish liras in the operations related to this Decree and the method and principles
concerning these receipts and certificates are determined by the Central Bank.
PART VII MISCELLANEOUS PROVISIONS
Article 24- The provisions of Law No. 6183
regarding Collection of the Receivables of the State, shall be applied as regards to the
receivable required to be collected under this Decree and the Decrees and Communiqués
currently in force regarding the protection of the value of the Turkish currency and the
legislation related to the liquidation of the foreign credits.
Article 25- Decree No. 30 regarding the
Protection of the Value of the Turkish Currency and its supplementary Decrees have been
repealed.
However, the Decree numbered 7/18015 and
the Decree numbered 8/911(including its supplementary Decrees and Communiques) both of
which are supplementing Decree No. 17 regarding the Protection of the Value of the Turkish
Currency are in force.
Provisional Article 1- The transactions
commenced pursuant to the provisions of the repealed Decrees are subject to the provisions
of the relevant Decrees. Unless otherwise provided, the provisions of this Decree in
favour of the concerned parties shall apply.
All prosecutions initiated because of the
acts contrary to the Decrees and Communiqués published according to Law No. 1567 prior to
the date of entry into force of this Decree, but are not contrary to this Decree are
terminated and withdrawn.
The issues that may arise in connection
with the legislation repealed are settled by the Ministry.
Provisional Article 2- Until the Istanbul
Gold Exchange begins to operate, banks, authorized institutions, special finance
institutions and precious metals intermediary companies those fulfilled the foreign
exchange obligations to the Central bank in addition to other conditions imposed by the
Central Bank, may purchase and sell gold with foreign exchange and Turkish lira in the
foreign exchange and foreign currency note markets established in the Central Bank,
according to the principles set forth by the Central Bank.
Article 26- This Decree shall come into
force on the date of its publication.
Article 27- This Decree shall be executed
by the Minister which the Undersecretariat of Treasury is attached to. |