Yalçın Umut Talay and Fatma Sevde Tan, Gun + Partners
On 3 April 2019, an amendment (Turkish language) to the Communiqué on the Permit to be obtained by Public Institutions for Imports numbered 2018/2 (Turkish language) was published in the Official Gazette. The Communiqué regulates how public entities obtain a permit from the Ministry of Trade to import goods that are not exempt from customs duty.
The Communiqué establishes three kinds of goods:
· Goods that require an import permit.
· Goods that can be imported without the need of an import permit.
· Goods for which an import permit shall “not be issued”.
The Communiqué does not explicitly state that the third category of goods is banned from the importation; however, without such an import permit these goods cannot be directly imported by public entities.
The amendment expanded the list of goods that cannot be directly imported by public entities. The Ministry of Trade listed 761 kinds of goods on the negative list, including many healthcare related products such as knee and hip implants, orthopedic collars and audiometers. However, the Communiqué provides that an import permit can still be issued for goods that list under special and exceptional circumstances or due to technical requirements at the Ministry’s discretion.