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What are the Recent Changes to the Customs Legislation?

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International Commercial and Trade
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On 5 November 2021, the Ministry of Trade (“Ministry“) amended the Customs Regulation (“Regulation“) and Inward Processing Regime Communiqué (Export: 2006/12) (“Communiqué“). The amendments specify the cases where proof of origin is not required and introduce additional periods for the inward processing permit documents and permits, and the subsequent submission of documents evidencing the origin of the goods.

New development

The amendments introduced an additional period for inward processing permit documents and permits whose commitment account has not yet been closed or was closed with a sanction. Additionally, as per the amendments to the transitional provisions regarding the subsequent submission of documents proving the origin of the goods, the submission date of an appropriate certificate of origin or supplier declaration proving the origin of the goods to customs has been extended until 31 December 2021.

What’s new?

  • Regulation

The deadline for submitting the certificate of origin or supplier declaration to customs has been extended until 31 December 2021 for goods whose declaration was registered before 5 November 2021 and financial obligations, such as origin-based trade policy measure, additional customs duty or additional financial obligation, were undeclared, underpaid or were not paid without a certificate of origin or supplier declaration indicating the origin of the goods.

An additional proof of origin will not be required for goods whose declaration was registered between 21 June 2018 and 23 May 2019 without the proof of origin attached to the declaration and financial obligations within the scope of the Decision on the Implementation of Additional Financial Obligations for the Import of Certain Products Originating in the United States of America, were not paid, underpaid or were not secured, provided that, (i) the country of origin is stated in the attachments to the declaration or (ii) the exporter submits a document with the following statement by 31 May 2022:

I, the undersigned, declare that the goods named as … listed in this invoice … (date and number) originate in … and produced by … (name of the firm) in … (name of country). I undertake to make available to the related public authorities any further supporting documents they require.

The Regulation is available here (in Turkish).

  • Communiqué

An additional period of a maximum of two months will be granted for the inward processing permit documents and permits whose export commitment account has not yet been closed due to the COVID-19 pandemic, or whose export commitment account was closed with sanctions that are not even partially collected, if an application is made to the Ministry by 31 December 2021.

The Communiqué is available here (in Turkish).

Conclusion

The amendments to the Regulation extended the submission period for the certificate of origin and supplier’s declaration to customs until 31 December 2021 and introduced provisions for cases where proof of origin is not required. With the amendment to the Communiqué, an additional period of a maximum of two months is granted to the inward processing permit documents and permits, if an application is made to the Ministry by 31 December 2021.