Understanding customs and trade regulations in Türkiye
Understanding the intricacies of customs and trade regulations in Türkiye is crucial for any business or individual involved in international trade. As of 2024, several significant changes have been implemented, making it essential to stay updated on the latest amendments and regulations.
Significant amendments to customs law
One of the most noteworthy developments in Türkiye’s customs regime is the recent amendment to the Implementation of Customs Law No. 4458, which was published in the Official Gazette on August 6, 2024. These amendments, set to take effect on August 21, 2024, introduce substantial changes that will impact both importers and exporters. A key aspect of these amendments is the increase in tax rates applied to imported goods. For goods imported from European Union (EU) member states, the fixed tax rate has been raised from 20% to 30%, while goods imported from non-EU countries will now be subject to a tax rate of 60%, up from the previous 30%. This increase in tax rates is expected to significantly raise the costs of trade, particularly within the framework of the customs union agreements with the EU. Additionally, certain goods listed under the Special Consumption Tax Law No. 4760 will be subject to an additional 20% tax, further increasing the financial burden on importers.
Another significant amendment is the reduction of the threshold for duty-free processing of goods imported via postal or express cargo services. Previously, goods valued up to 150 Euros could be processed with a simplified declaration method. However, this threshold has been reduced to 30 Euros. All purchases exceeding 30 Euros will now require a full declaration instead of the simplified method. This change mandates that companies handling express cargo shipments exceeding 30 Euros must be authorized and provide the necessary documents to carry out customs procedures.
Implications for trade policies and agreements
In addition to these changes, Türkiye has also made adjustments to its trade policies in specific sectors. For instance, as of June 6, 2024, Türkiye announced the suspension of wheat imports under the Inward Processing Regime from June 21 to October 15, 2024. This move also included the liberalization of exports of milling wheat, durum wheat, and barley. The Turkish Grain Board (TMO) announced new intervention prices for wheat and barley during the same period.
Türkiye’s customs and trade regulations are governed by Law No. 4458 on Customs, which lays down the general framework of customs legislation. The Ministry of Trade is responsible for enacting secondary legislation that clarifies and enforces these rights and obligations. Customs law is enforced by the customs administration at various entry and exit points, including borders, airports, and ports.
The country has also advanced its liberalization efforts by entering into a customs union with the EU in 1995. This union involves the participation in EU customs legislation, which requires Türkiye to align its trade policy with the EU. However, the current customs union agreement is considered insufficient to address contemporary policy issues, and there are ongoing efforts to modernize this agreement to include new areas such as agriculture, public procurement, services, and e-commerce.
Türkiye has also enacted preferential trade agreements (PTAs) with several countries, including Iran, Azerbaijan, Uzbekistan, and Pakistan. These PTAs grant lower customs duties for goods originating from these partner countries. Additionally, Türkiye has been administering a generalized system of preferences since 2002, providing preferential access to goods from developing countries, least-developed countries, and countries benefiting from special incentives.
The free trade agreements negotiated with Sudan, Lebanon, and Qatar are in the ratification process and are expected to enter into force soon. Active negotiations are ongoing with countries such as Japan, Thailand, and Indonesia, among others. The scope of the free trade agreements in force with Bosnia and Herzegovina, EFTA, and Serbia has also been revised and entered into force recently.
Export regulations and compliance
For companies involved in export transactions, the Export Regime Decree and Export Regulation are key pieces of legislation. These regulations outline the general principles to be complied with in export transactions and include the Inward Processing Regime Decree, Outward Processing Regime Decree, and Export Communiqués. The Ministry of Trade is the competent authority for exports, and public institutions and organizations must consult the Ministry when preparing laws and decrees related to export restrictions.
Exporting companies must comply with export legislation and any specific regulations on export restrictions for the products they are exporting. There is no separate regulation on export control compliance in Türkiye, but companies must adhere to the broad sense of export legislation, which includes customs law, foreign exchange legislation, and relevant international conventions.
Adapting to new regulations
In light of these recent amendments and ongoing developments, it is crucial for businesses operating in or with Türkiye to stay informed and adapt their commercial processes accordingly. This includes reviewing internal processes to comply with new tax rates and declaration limits, understanding the implications of changes in specific sectors like wheat trade, and ensuring compliance with export regulations.
For e-commerce companies that ship to customers in Türkiye from overseas, the new amendments introduce significant challenges. These companies need to evaluate the effects of the increased tax rates and the reduced declaration threshold on their operations. Similarly, real persons in Türkiye should be aware of these changes when shopping from overseas to avoid any complications or additional costs.
Conclusion
In conclusion, understanding and complying with Türkiye customs and trade regulations is essential for smooth and legal international trade operations. The recent amendments to Customs Law No. 4458, along with other trade policy changes, highlight the need for continuous monitoring and adaptation to ensure compliance and avoid any legal or financial repercussions. As Türkiye continues to evolve its trade policies and agreements, staying updated on the latest regulations will be key to successful international trade endeavors.