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Sanctions and export controls law regulates the movement of goods, technology, services, and funds across borders to ensure compliance with both national interests and international obligations. In Turkey, sanctions laws set restrictions on trade with certain countries, entities, or individuals, often in connection with United Nations, European Union, or United States embargoes. Export controls determine which items, technologies, or services require government authorization before being exported or shared abroad. These laws are designed to protect national security, follow international agreements, and prevent prohibited uses such as weapons proliferation or violation of human rights.
Professional legal advice can be crucial in many situations involving sanctions and export controls in Turkey. You might require a lawyer if your business exports goods, software, or technology from Turkey and needs to ensure compliance with export licensing. Lawyers are also valuable if you have questions about doing business with individuals or companies in countries subject to Turkish or international sanctions. Potential legal issues may arise if customs authorities detain products for suspected export control violations, or if you are facing investigations or penalties from Turkish regulators. Legal guidance is also important for understanding the interplay between Turkish law and international sanctions regimes, especially in complex or high-risk sectors such as defense, dual-use items, and finance.
Turkey’s framework for sanctions and export controls is shaped by its national laws as well as international obligations. The Ministry of Trade oversees export controls and licensing procedures, primarily under the Export Control Regime for dual-use goods and military items. The Ministry also maintains the control lists which determine what items require licenses. Sanctions are enacted under various presidential decrees and are enforced by relevant bodies, including the Financial Crimes Investigation Board (MASAK) and customs authorities. Turkish law prohibits assisting in circumventing sanctions and requires due diligence to prevent business with sanctioned parties. Violations may lead to administrative fines, confiscation of goods, or even criminal prosecution. Companies operating in or with Turkey must also consider interaction with United Nations Security Council and other multilateral sanctions adopted by the Turkish government.
Export controls in Turkey regulate the export and re-export of certain goods, technologies, software, and services that may have military, security, or dual-use purposes. The system covers items listed in the Turkish Customs Tariff and control lists, requiring licenses for export outside Turkey.
The Ministry of Trade is primarily responsible for export controls, while MASAK, the Ministry of Foreign Affairs, and other regulatory bodies enforce sanctions compliance, including reviewing transactions and trade with restricted regions or entities.
Turkish companies must comply with Turkish law relating to sanctions. However, some international sanctions, such as those from the United States or European Union, may also impact Turkish businesses operating globally or dealing with counterparties under foreign jurisdiction.
No, a license is only required if the goods, technology, or software fall under the control lists for dual-use or military items, or if they are subject to specific restrictions. Routine commercial goods often do not need export licenses.
Penalties can include administrative fines, seizure of goods, loss of export privileges, and in grave cases, criminal charges. Violations may also damage business reputation and lead to international legal consequences.
You should perform due diligence using the lists published by Turkish authorities, the UN, and other relevant bodies. Many law firms and compliance experts offer screening services for this purpose.
Yes, authorities have the right to investigate transactions, inspect records, and detain goods at customs if there is suspicion of non-compliance with export control or sanctions regulations.
Yes, a lawyer with experience in export controls and customs law can assist with appealing detentions, negotiating with authorities, compiling required documentation, and pursuing legal remedies.
Export controls also apply to the transfer of controlled technology or software, including sending via electronic means or sharing with foreign nationals, even within Turkey. Licensing may be required based on the control status of the technology.
Businesses should implement an internal compliance program, conduct regular risk assessments, train staff, and use updated screening tools to ensure adherence to Turkish and relevant international sanctions and export control regulations.
Those seeking more information or guidance may contact the following bodies and reference materials:
If you believe you need legal assistance in sanctions and export controls in Turkey, consider taking the following steps:
Early and informed legal intervention can help mitigate risk, ensure your business complies with the law, and resolve disputes with authorities efficiently. Do not hesitate to seek professional advice to safeguard your interests in the complex field of sanctions and export controls in Turkey.
