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What Do the Recent Amendments to the Customs Regulation Bring?

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International Commercial and Trade
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The Ministry of Trade amended the Customs Regulation regarding the simplified procedures for transit regimes, temporary storage sites and bonded warehouse permissions. The amendments include the regulation of the permitted consignor authorization for the transit regime and the clarification of the scope of the crimes relevant persons must not have a final conviction of to open a temporary storage site or a bonded warehouse. The Ministry of Trade also regulates the transition process regarding permitted consignor authorization and site authorizations granted prior to the subject amendment within the scope of the Regulation on Facilitation of Customs Procedures.

New Development

The Ministry of Trade (“Ministry“) amended the Customs Regulation (“Regulation“) on 24 September 2021. The amendments regulated the permitted consignor authorization and updated the provisions on the conditions for operators of temporary storage sites and investment permissions. The provisions relating to the permitted consignor authorization will enter into force on 1 January 2022.
The Regulation is available here (in Turkish).

What’s New?

The amendments introduced “permitted consignor authorization” as a simplified procedure for the goods subject to the transit regime. The authorization is granted to persons who wish to carry out transit transactions without presenting to the customs office of departure the goods subject to the transit regime. The Ministry will regulate the conditions and the procedures for the permitted consignor authorization applications as well as cancellation and suspension of authorization, customs procedures and other matters regarding the permitted consignor authorization.

The amendments clarified the scope of the crimes that the (i) real persons and (ii) legal entity’s chair, members of the board of directors and real persons who own at least 10% of the company’s capital must not have a final conviction of when applying to open a temporary storage site or a bonded warehouse.

In addition, the following provision was annulled:
The applications on warehouse investment permit, temporary storage preliminary permit as well as opening and operation permits and transfer thereof will not be evaluated until any examination, investigation, inquisition or lawsuit carried out by the customs authorities regarding the listed crimes is concluded.
Transition Period for Permitted Consignor Authorization

Permitted consignor authorization and site authorizations within the scope of the Regulation on Facilitating Customs Procedures granted prior to the amendments in the Regulation will remain valid until 31 December 2023. The aforementioned authorization holders will be subject to the provisions of permitted consignor under the Regulation on Facilitation of Customs Procedures until their applications pursuant to the Regulation are finalized.

In the event that permitted consignor authorization is granted to persons who were previously authorized pursuant to the Regulation on Facilitation of Customs Procedures, their previous authorizations will be revoked.

Conclusion

The amendments to the Regulation introduced provisions on the authorization of permitted consignor for the goods subject to the transit regime and conditions for the permission for temporary storage sites and bonded warehouses. The provisions on the permitted consignor authorization will enter into force on 1 January 2022. All relevant companies wishing to obtain a permitted consignor authorization must file their applications in accordance with the procedures and principles that will be regulated by the Ministry.

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