Explanation : Customs Law (Goods transported under the Applicable Provisions Transit; From Customs Duty Exemptions and Exceptions; Transactions relating to items to be Liquidated; Guarantee; Business Tracking at Customs and Customs Consultants; Fines; Penalties to be Applied to Transactions Causing Tax Loss; Penalties Regarding Irregularities; Appeals and temporary clause regarding Customs brokers and customs brokers 6) and 6136 Some articles of the Law on Firearms, Knives and Other Tools were changed..
Kanun No. 7190
MATTER 1 – 27/10/1999 dated 4458 Of Customs Law No. 52 Article is amended as follows:.
"MATTER 52 - Turkey Customs Zone in transit from one place to another place not in free circulation regime presented to the goods covered by the customs authorities moved arrival 41 ila 50 The provisions of article n are applied. "
“3. 183 and 184 When a customs obligation arises under the third articles, principal responsible, Financially responsible to the customs administration in relation to the goods subjected to transit regime. 5607 In cases where transactions are carried out by the customs administration in accordance with Law No., In determining the responsibility of the principal, it is taken into consideration whether he / she was involved in the commission of the act.
MATTER 3 – 4458 Law No. 167 Article of the first section (3) numbered paragraph "Undersecretariat of National Intelligence Organization,"To come after the phrase" Defense Industry Presidency,"It has been added.
MATTER 4 – 4458 Law No. 177 Article of the first section (l) It has been amended as follows:.
“l) 235 The first paragraph of the Article (a) and (c) dams, the third paragraph and the fifth paragraph (d) with the goods specified in paragraph 237 Goods specified in the third and sixth paragraphs of Article n,”
MATTER 5 – 4458 Law No. 179 The third paragraph and the second paragraph of the first paragraph of the article have been changed as follows..
"But, acceptance of the above requests, penalties, if any, and storage and handling expenses and other expenses, and 1% of the CIF value of the goods in foreign currency., If you want to benefit from this application for the second time, it is dependent on the payment of 3% of the CIF value.. Your application, In the event that the goods are made after the tender announcement or after the retail sale decision is made and before the realization of the sale, the acceptance of these requests depends on the payment of the penalties, if any, storage and handling expenses and other expenses, and an amount of 10% of the CIF value of the goods in foreign currency. Applications other than this are not accepted..
2. 177 nc of paragraph agent (c), (d), (I), (l) and (m) and the second paragraph of the (a) The provision of the first paragraph is not applied for the goods specified in the paragraph. "
“6. For the return of the amounts taken into consignee under this article, the court decision regarding the return to the owner is finalized, In others, applications made within one year from the date of receipt are accepted. "
MATTER 7 – 4458 Law No. 202 sixth paragraph of the agent is amended as follows:.
“1. In accordance with customs legislation, Where a security is required to ensure payment of customs duties and other public receivables, This guarantee is given by the person who is liable or possibly liable for the amount of the said taxes and other public receivables.
MATTER 8 – 4458 Law No. 216 Article is amended as follows:.
"MATTER 216 – 1. In the refund of the delay interest or delay interest collected in connection with the customs taxes and their payments, the date of the refund application in case the excess collection subject to refund originates from the obliged party, in other cases, over the amount to be returned for the period from the collection date until the return decision is notified., in the same period 6183 The interest calculated at the rate of postponement interest determined in accordance with Law No..
2. In the event that the said decision is not implemented by the administration within three months from the notification of the return decision, at the request of the person concerned, over the amount to be returned for the period from the date of notification to the date of payment, in the same period 6183 The interest calculated at the rate of the postponement interest determined according to the Law No.
MATTER 9 – 4458 Law No. 227 Article of the first section (d) It has been amended as follows:.
“d) With the exception of negligent offenses; even if they are acquitted, The heavy imprisonment or imprisonment for more than five years or trafficking, debit, embezzlement, extortion, bribe, theft, fraud, forgery, misappropriation, bankruptcy dolanl, false testimony, Tasnime of crime, disgraceful crimes such as defamation and fraudulent official tenders and trades, Laundering the proceeds arising from criminal, financing of terrorism, Revealing state secrets, with crimes of tax evasion or attempted tax evasion 12/4/1991 dated 3713 Not being convicted of crimes within the scope of the Anti-Terror Law and organized crimes,”
“3. The provisions of this Section and the Twelfth Section shall apply to administrative sanction decisions regarding customs duties and appeals against these decisions..
4. In case the goods whose ownership is decided to be transferred to the public cannot be found, it is decided to pass the customs value of the goods to the public..
5. In case of incorrect explanation in writing by the customs administration, administrative fines and interest are not applied according to the provisions of this Section. "
“2. Inward processing regime, as a result of the declaration and inspection and inspection or control after delivery of the goods subject to the provisions of the temporary import regime with full exemption and processing regime under customs control; In case the differences specified in the first paragraph are detected, an administrative fine of half the tax difference is imposed. "
MATTER 12 – 4458 Law No. 235 The first paragraph of the Article (a) and (c) clauses have been changed as follows, following the clause (e) clause attached, The second clause (b) It is amended as follows:, following the clause (c) clause attached, The fourth and fifth paragraphs have been changed as follows and the following paragraph has been added to the article..
“a) In case it is determined that the import of the goods is prohibited by general regulatory administrative procedures, In addition to charging difference customs duties for the item if any, administrative fines four times the customs value. "
“c) Import of goods, license to be given by certain organizations and which must be submitted or declared to the customs administration, permission, Although it depends on the certificate of conformity or the information substituting these documents, In case it is determined that the item was not subject to documents or information, or that the declaration was made as if document or information was received, In addition to charging difference customs duties for the item if any, administrative fines twice the customs value. "
“e) Within the period to be determined by the Ministry, (c) In the event that the document or information stating that the import of the goods specified in the Clause Clause is appropriate or it is reported that the inspection carried out by the relevant institution or organization has been positive., 241 An administrative fine is imposed in accordance with the first paragraph of article.
“b) Export of goods, license to be given by certain organizations and which must be submitted or declared to the customs administration, permission, Although it depends on the certificate of conformity or the information substituting these documents, In case it is determined that the item was not subject to documents or information, or that the declaration was made as if document or information was received, an administrative fine of one tenth of its customs value. "
“c) Within the period to be determined by the Ministry, (b) In case the document or information stating that the exportation of the goods specified in the Clause Clause is appropriate or it is reported that the audit performed by the relevant institution or organization has been positive. 241 An administrative fine is imposed in accordance with the first paragraph of article.
“4. Without prejudice to the criminal provisions;
a) The first paragraph (a) goods specified in clause, It is returned to the country of origin within thirty days in line with the request of the obliged party or directly transferred to the third country with the approval of the relevant institution or organization.. Goods that are not returned to their country of origin or transit to a third country within this period, it is left to the customs office for liquidation by means of disposal provided that the sale or expenses are covered by the owner, on the condition of export..
b) The first paragraph (c) goods specified in clause, return to country of origin upon request of the obliged party, With the approval of the relevant institution or organization, it is left to the customs administration where it is for liquidation, either directly or through the free zone on the condition of transit or export to a third country, or by destruction provided that the costs are covered by the owner..
c) After the delivery, it is decided to pass the customs value of the goods, whose non-conformity is detected but not found, to the public..
5. Turkey Customs arrival brought to the region and not in free circulation which are subject to the regime of transit goods to be shipped by road to the customs authorities of the, as a result of the control or examination, test that it is of a distinctly different gender from the declared, In case of detection without the need for technical examination and research, depending on the nature of the act, this paragraph (a) and (b) clauses, goods subject to transit regime not in free circulation, In the event that any deficiency or excess is detected according to the declaration before its arrival at the destination customs office after its dispatch from the customs office of departure or as a result of the control or inspection performed at the destination customs office, this paragraph shall be (c) or (d) are processed in accordance with the clauses. Of this paragraph (c) and (d) The procedures and principles regarding the determination of deficiencies and surpluses that cannot be evaluated within the scope of paragraphs of paragraphs are determined by the Ministry..
a) In the event that the total customs duties of different goods are more than the total customs duties of the declared goods, an administrative penalty is twice the customs taxes of different goods..
b) If the different item is different from the declared item, import to license, contingent, permission to, In the event that it is subject to the reduction or the certificate of conformity or qualification issued by certain organizations, an administrative fine of twice the customs value of the different goods is imposed..
c) In case it is found to be deficient according to the declaration, In addition to the collection of customs duties for the missing goods, an administrative penalty twice the customs taxes of the goods is imposed..
d) In case it is determined that there is an excess according to the declaration, An administrative fine is imposed as much as the customs duties of the excess goods and 177 ila 180 It is subject to liquidation in accordance with the provisions of article. "
“6. In case of notifying the declarant of the contradictions specified in the first and second paragraphs by the customs administration before they are detected, the penalties calculated according to these paragraphs are applied at a rate of ten percent. "
MATTER 13 – 4458 Law No. 236 The fifth paragraph of the article n has been changed as follows..
“5. As a result of the control or inspection of the declaration of the goods being subjected to the customs warehouse regime, the analysis of the goods of a distinctly different type than the one declared in the warehouse declaration, In case of detection without the need for technical examination and research;
a) In the event that the total customs duties of different goods are more than the total customs duties of the declared goods, an administrative penalty is twice the customs taxes of different goods..
b) If the different item is different from the declared item, import to license, contingent, permission to, In the event that it is subject to the reduction or the certificate of conformity or qualification issued by certain organizations, an administrative fine is given twice the customs value of the different goods. "
MATTER 14 – 4458 Law No. 238 the first paragraph of the article th article has been changed as follows, The following paragraph has been added to the article after the first paragraph and the other paragraphs have been continued accordingly..
“1. 241 of the third paragraph of the article. (h), (l) and (m) dams, of the fourth paragraph (g) and (h) and the fifth paragraph (b) Except for the situations specified in clause;
a) Inward processing regime, In case of violation of the provisions regarding the processing regime under customs control and the temporary import regime, twice the customs value of goods,
b) Regime violations regarding vehicles for private use temporarily imported with full exemption, one fourth of the amount of customs duties,
c) Although the provisions regarding the inward processing regime and the processing regime under customs control have been violated, the scope of the regime, including the imported goods in the processing operation or the processed product state, In case it is determined that he was not removed from the customs surveillance in violation of the legislation, for the period from the date of registration of the declaration regarding the customs duties of imported goods to the date of determination 6183 As much as the total of the interest at the rate of delay increase determined in accordance with Law No.,
d) (b) Except for the vehicles specified in paragraph, In case the goods imported under the temporary import regime are not subjected to another transaction or use approved by the customs within the period of time, for the period from the registration date of the declaration regarding the customs duties and regime to the date of determination 6183 As much as the total of the interest at the rate of delay increase determined in accordance with Law No.,
administrative fines are imposed. "
“2. The first paragraph (c) and (d) of the goods specified in paragraphs, within sixty days from the date of notification to be made, in case it is not subjected to another transaction or use approved by customs, in addition, administrative fines are imposed in the amount of customs duties. "
MATTER 15 – 4458 Law No. 241 The fourth paragraph of the Article (I) subparagraph has been repealed and the sixth paragraph (d) It has been amended as follows:.
“d) 11 Information and documents requested in writing pursuant to the provisions of article. 13 Documents that must be kept for five years in accordance with the provisions of Article 3 are not submitted during customs control. "
MATTER 16 – 4458 Law No. 244 Article of the first, second, third, The fourth and fifth paragraphs have been changed as follows..
“1. For those who will receive the content of additional accrual and penalty decisions issued by the customs administrations, the obliged party or the penalty interlocutor can apply for settlement.. To the scope of compromise;
a) Customs tax claims notified regarding the differences determined as a result of the determination made by the customs administration with the declaration,
b) Customs duty receivables notified by the declarant before the determination by the customs administration regarding the differences,
c) Administrative fines issued by the customs administration pursuant to this Law and other relevant laws,
enters. Reconciliation request, For customs taxes and administrative fines that have not yet been appealed or have been objected but not yet concluded, done within fifteen days from the date of notification. In case of a request for compromise, objection or litigation period stops, In the event that settlement does not take place or cannot be provided, the time starts to run from where it left off., However, if the deadline is less than five days, the period is completed to five days.. In the event that reconciliation is not available or cannot be obtained, reconciliation request cannot be made..
2. Act on customs taxes and penalties, 5607 The provision of this article is not applicable if it is related to smuggling crimes in the Law No..
3. Reconciliation requests made under this article, evaluated by customs settlement commissions. Establishment of customs settlement commissions, The procedures and principles regarding the operations to be carried out within the scope of this article are regulated by a regulation..
4. The work of the customs settlement commissions is confidential. Reconciliation minutes are final and are immediately executed by the administration.. Taxpayer or criminal addressee, can not file a lawsuit and complain to any authority about the matters agreed upon and determined by a report..
5. Agreed customs taxes and penalties, paid within one month from the notification of the settlement report.. From the beginning of the customs obligation regarding the agreed taxes to the period between the signing of the settlement record. 6183 Default interest is applied at the rate of default interest determined in accordance with the provisions of Law No.. In the event that reconciliation is not available or cannot be provided, action is taken according to general provisions. "
MATTER 17 – 4458 Law No. temporarily 6 Article of the first section (9) numbered paragraph has been changed as follows..
“9. The permits of the customs consultants and deputy customs consultants who are seen to act contrary to this Law and the provisions of the legislation applied in the customs are taken temporarily for a maximum of six months as a precaution if deemed necessary by the Ministry inspectors and the customs and foreign trade zone managers, and they are not allowed to follow the business at the customs.. This situation, It is notified to the Ministry on the day following the receipt of the permit document with its justification.. In the event that temporary suspension from professional activity is imposed on those whose permits are obtained in this way, The period for which the permit documents are obtained as a measure is deducted from the penalty.. 3713 Permits of those who are prosecuted under Law no.
MATTER 18 – 10/7/1953 dated 6136 No. Law on Firearms, Knives and Other Tools 7 Article is amended as follows:.
"MATTER 7 - Firearms only;
1. President, Prime minister, Vice presidents, Ministers, Members of the Legislative Body and Deputy Ministers and those who have held these positions,
2. Those who are authorized to carry weapons according to their special laws,
3. The State where it is decided that they can carry weapons by the President's decision, municipality, private administration and public economic enterprises officers and members,
4. A) Turkish Armed Forces with a court decision or as a result of their conviction, Tart and expelled from Gendarmerie General Command and Coast Guard Command, those who have been ordered to withdraw their rank and 31/1/2013 dated 6413 Subjected to the separation process in accordance with the provisions of the Turkish Armed Forces Disciplinary Law, 27/7/1967 dated 926 Turkish Armed Forces Personnel Law No. 50 Abrogated from the first paragraph of the article n (c) bands, 18/3/1986 dated 3269 No. of Expert Soldier Law 16 the third paragraph of the article n and 28/5/1988 dated 3466 Law No. of Expert Gendarmerie 15 Those subjected to a separation process due to indiscipline or their moral status pursuant to Article 1, 3269 Law No. 12 Those who are found to be unsuccessful in accordance with Article n. 3466 Law No. 13 and 16 Those who were dismissed under article n or 13/5/1971 dated 1402 of Martial Law No. 2 Those who are retired pursuant to Article n. 31/1/2018 dated 7068 Except for those who have been dismissed from the profession or civil service pursuant to the Law No.; Retired officer, petty officer, Turkish Armed Forces by resigning after completing the compulsory service with specialist gendarmerie and expert sergeants, The officer who left the Gendarmerie General Command and the Coast Guard Command, Turkish Armed Forces, having served with non-commissioned officers and specialized gendarmes for at least ten years and not extending their contract or voluntarily, Specialized sergeants who left the Gendarmerie General Command and the Coast Guard Command, and the security services class personnel who left the General Directorate of Security by resigning or changing institutions, provided that they served at least ten years,
B) Those who were dismissed from the profession or civil service by disciplinary boards or court decision, or those who were dismissed from the civil service as a result of the conviction given against them, or who were registered or abolished 1402 Law No. 2 Except for those retired pursuant to Article n.,
a) loud, deputy governor, from the district governor and sub district directorate or from the local administration services,
b) Judges and public prosecutors and among those who are considered from this profession,
c) Personnel working in the police services class,
d) MIT service members,
e) From ambassador titles,
f) In the central organization of the Presidency, the President of the Presidency, the top managers of the institutions and organizations affiliated to the Presidency and the chief advisors,
g) General Manager at the General Directorate of Customs Enforcement, Assistant general manager, Head of Department and Smuggling and Intelligence Manager in charge of the central and provincial organizations, District Supervisor, Head of Department and Customs Enforcement Officer,
ğ) Head controllers and controllers of the Penal Institution, first and second principals, administrative officers, execution and protection chief officers and officers, probation directors and deputy directors,
h) Forest guards and forest district chiefs,
5. Those who obtain the permission certificate to be given by the governors according to the principles to be determined in the regulation issued by the President,
6. 18/3/1924 dated 442 of the Village Law No. 74 Among the security guards who are assigned according to the third article, those who are currently on duty and 16 the first paragraph of the article n and 27/5/2007 dated 5673 Provisional Law on the Amendment of the Village Law No. 1 Those who are dismissed from their duties pursuant to Article 1,
7. Those dismissed as a result of the investigation or the final judicial decision, and the structure determined by the National Security Council to act against terrorist organizations or the national security of the State, membership in formations or groups, except those who have affiliation or affiliation with or contact with, Those who have served as village or neighborhood headmen or mayors for at least one term,
carry it or keep it in the residence or workplace.
The first paragraph (4) numbered bend (A) Those who benefit from the sub-subclause of the relevant Force Commands, general Directorate of Security, They can carry or have firearms provided that they are registered with the Coast Guard Command or the Gendarmerie General Command and are recorded in the documents issued by these authorities.. Documents arranged in this way, replaces the transport or possession permit.
The first paragraph (1), (2), (3) and (4) The weapons belonging to the persons listed in the numbered paragraphs, (6) and (7) at most one gun to be acquired by the persons listed in paragraphs, 8/6/1949 dated 5434 No. abolished the Law of the Republic of Turkey Retirement Fund 64 to the third article, 3/11/1980 dated 2330 Law on Payment of Cash Compensation and Salary, 23/4/1981 dated 2453 Law on Paying Compensation in Cash to Personnel Working Abroad and Paying Salary, 18/12/1981 dated 2566 Law on Paying Cash Compensation to Some Public Officials and Paying Salary, 28/2/1982 dated 2629 Flight numbered, Parachute, Submarine, Diver and Frogman Services Compensation Law, 24/2/1968 dated 1005 Law on Attaching Honor Pension to Those Who Have Been Awarded with a Medal of Independence from the National Service Scheme and 12/4/1991 dated 3713 According to the Anti-Terror Law No., all kinds of activities aimed at ensuring internal security and public order in peace or in times of emergency, education, Those who lost their lives during exercises and maneuvers, as a group or as a group, or due to the causes and effects of these operations and services, and those who are disabled in such a way that they cannot obtain a gun license, baba, Firearms transferred to their spouses and children from these persons and records and documents authorizing the carrying or keeping of firearms belonging to those injured in this way, even if they are not pensioned according to the laws mentioned above,, free of fees and charges. All kinds of activities carried out in order to ensure internal security and order in times of peace or emergency, education, of those who died due to the causes and effects of these operations and services during exercises and maneuvers, as well as as a group or group. (martyr, is, including military and invalid veterans) in the absence of a forwarded weapon; the main of them, baba, only one of his wife and children, provided it is limited to a firearm, Records and documents authorizing the possession or possession of weapons, free of fees and charges.
The procedures and principles regarding the arrangement of identity cards and documents authorized to carry weapons and their renewal or withdrawal when necessary are regulated in a regulation to be prepared jointly by the Ministry of National Defense and the Ministry of Interior..
26/9/2004 dated 5237 Second Book Fourth Part Fourth of the Turkish Penal Code No., Fifth, With the crimes described in the Sixth and Seventh Chapter 3713 Those convicted of crimes falling within the scope of Law No: may not be allowed to carry and keep firearms, even if they are pardoned.. Those convicted of crimes committed with firearms and those sentenced to more than one year of imprisonment, except for negligent crimes, Unless five years have passed from the date of completion of the execution of the sentence convicted and a decision has been taken to restore prohibited rights, Firearm carrying and possession is not allowed.
8/3/2012 dated 6284 Those who are given a cautionary decision within the scope of Law No., If any, transactions regarding the issuance and renewal of the license are suspended.. Their licensed weapons are kept under protection by the general law enforcement officers until the cautionary decision is lifted. "
MATTER 19 – 6136 Additional Law No. 8 th first sentence of the first paragraph of the article is changed as follows:.
“Pistols and bullets provided by the Presidency are sent to the protection personnel in the Presidency Protection Services General Directorate and their superiors.; Guns and bullets provided by the Ministry of National Defense, Officer within the Turkish Armed Forces, petty officers and specialist sergeants; Guns and bullets supplied by the Gendarmerie General Command and the Coast Guard Command, in-house officer, petty officer, specialist gendarmerie and specialist sergeants; Pistols and bullets provided by the General Directorate of Security, to security services class personnel; Pistols and bullets purchased by the Ministry of Trade, Personnel authorized to carry weapons in the central and provincial organization of the Ministry of Commerce, It is sold as a personal fixture weapon for the price of use in its duties. "
MATTER 20 – 11/9/1981 dated 2521 Numbered Rifles Used in Hunting and Sports, Making Aim Guns and Hunting Knives, Intake, The following additional article has been added to the Law on Sale and Preservation.
“I MADD 1 – 8/3/2012 dated 6284 to those who have been warranted under the Law on the Protection of Family and Prevention of Violence Against Women, Shotguns covered by this Law during the injunction, Sports and aiming rifles and pistols are not allowed to be carried or kept, If any, transactions regarding the issuance and renewal of the license are suspended.. Shotguns that are in their possession within the scope of this Law, sports and aiming rifles and pistols are kept under protection by the general law enforcement officers until the cautionary decision is lifted. "
MATTER 21 – This Law shall enter into force on the date of publication.
MATTER 22 – The President of the Republic executes the provisions of this Law..