Certain explosives, firearms, knives and similar products
- Document symbol
- G/LIC/N/3/TUR/21
- Original language
- English
- Published on
- 08/07/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The approval of the Ministry of Interior, the General Directorate of Security is required for the importation of the goods listed below.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Product coverage:
| HS Code | Description |
|---|---|
| 3102.30.90.00.00 | Technical ammonium nitrate containing 34.5% or more nitrogen only (except pure ammonium nitrate for narcotic gas production only) |
| 3601.00 | Propellant powders |
| 3602.00 | Prepared explosives, other than propellant powders |
| 36.03 | Safety fuses; detonating fuses; percussion or detonating cops; igniters; electric detonators |
| 36.04 | Fireworks, signalling flare, rain rockets, fog signals and other pyrotechnic articles |
| 3912.20.11.00.19 | Other |
| 3912.20.19.00.19 | Other |
| 8211.10.00.00.19 | Other |
| 8211.92.00.00.19 | Other knives having fixed blades (other than craft knife and using in industry) |
| 8211.93.00.00.90 | Others (including pruning knives) |
| 8211.94.00.00.00 | Blades (only for 8211.10.00.00.19, 8211.92.00.00.19, or 8211.93.00.00.90 HS Codes) |
| 9005.10.00.00.00 | Binoculars |
| 9005.80.00.10.00 | Monoculars |
| 9013.10 | Telescopic sights for fitting to arms; periscopes; telescopes designed to form parts of machines, appliances, instruments or apparatus of this Chapter or Section XVI |
| 9013.20.00.00.10 | For fitting to arms |
| 93.03 | Other firearms and similar devices which operate by the firing of an explosive charge (for example, sporting shotguns and rifles, muzzle-loading firearms, Very pistols and devices, designed to project only signal flares, pistols and revolvers for firing blank ammunition, captive-bold humane killers, line-throwing guns) |
| 9304.00.00.00.00 | Other arms (for example, spring, air or gas guns and pistols, truncheons) (excluding those of Heading 9307) |
| 9305.10.00.00.00 | For pistols and revolvers (only clips) |
| 9305.20.00.10.00 | Those of unhardened vulcanise rubber |
| 9305.20.00.90.00 | Other |
| 9305.99.00.10.00 | Those of unhardened vulcanise rubber |
| 9305.99.00.90.19 | Other |
| 9306.21 | Cartridges for smooth-barrelled shotguns |
| 9306.29 | Other |
| 9306.30.90 | Cartridges and parts thereof |
| 9306.90.90.00.00 | Other |
| 93.07 | Swords, cutlasses, bayonets, lances and similar arms and parts thereof and scabbards and sheaths thereof |
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The approval of the General Directorate of Security is not intended to restrict the quantity or the value of importation of the goods. The purpose is to protect national security and public safety.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The procedure is mentioned in the Import Communiqué: (Import Communiqué 2024/11) published in the Official Gazette of 31 December 2023, No. 32416 bis. The Communiqué is available at the https://www.resmigazete.gov.tr/eskiler/2023/12/20231231M3-15.pdf website link. It is possible for the Government to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
It is not specifically defined regarding how far in advance of importation application for a license must be made in legislation in force.
Q7.b. Can a licence be granted immediately on request?
No. If requested application documents are complete, applications for a license are granted within two to four working days.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There is no limitation. Applications for approval can be made any time during the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The assessment of applications is conducted by a single administrative organ, Ministry of Interior, the General Directorate of Security.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
According to our legislation, importers who have production, sales and usage license documents from the Governorates, may import goods which are classified under 3102.30.90.00.00, 3601.00, 3602.00, 36.03, 36.04, 3912.20.11.00.19, 3912.20.19.00.19, 9306.21, 9306.29, 9306.30.90, 9306.90.90.00.00 HS codes. Those who do not have at least one of these documents or those whose documents are missing shall be rejected. Also, security and public order shall be taken into consideration by administrative authority while issuing an import license for other items which listed above in the product coverage. The application shall be rejected when the use of imported goods within the country are not considered appropriate in terms of security and public order. The reason for rejection shall be notified to the applicant in writing.
No appeal procedures are specified in provisions of the legislation in force. However, all actions and procedures of the administration is subject to judicial remedy in the constitution.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Importers who have production, sales and usage permit certificate from the Governorates, may import goods which are classified under HS codes of 3102.30.90.00.00, 3601.00, 3602.00, 36.03, 36.04, 3912.20.11.00.19, 3912.20.19.00.19, 9306.21, 9306.29, 9306.30.90, 9306.90.90.00.00. Importers who have manufacturer or dealership certificate may import other items which are listed in the second chapter (product coverage) excluding items indicated above.
There is a system where companies/importers are registered in the aforementioned Authority's database. Companies/Importers with production, sales and usage permit certificates from the relevant Governorates and importers who have manufacturer or dealership certificate can be considered eligible. There is no transaction fee. There is no published list of authorized importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Required documents in the application are as follows:
- Petition.
- Import declaration.
- Importer's Commitment issued by Notary. - Proforma invoice.
- Production, Sales or Usage Permit Certificate issued by relevant Governorates for importation of goods classified under 3102.30.90.00.00, 3601.00, 3602.00, 3603.00, 36.04, 3912.20.11.00.19, 3912.20.19.00.19, 9306.21, 9306.29, 9306.30.90, 9306.90.90.00.00 HS codes.
- Manufacture permit certificate or dealership certificate for importation of other items listed in the product coverage excluding items indicated above.
- Catalog or product image;
- Bullet sale certificate for importation of gun magazine.
- Certificate of origin and its translation; and
- Dangerous Goods Compulsory Liability Insurance Policy
Q11. What documents are required upon actual importation?
One copy of the document which comprises the approval of the Ministry of Interior shall be annexed to Customs Declaration.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The duration of the import license is valid for the year in which it is issued and in case the importation does not take place, this period can be extended for another one year upon the application of the requesting person, company/institution.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-use or partial use of a license granted by the Ministry of Interior.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses granted by the Ministry of Interior cannot be transferred between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For the importation of goods classified under HS codes 3102.30.90.00.00, 3601.00, 3602.00, 36.03, 36.04, 3912.20.11.00.19, 3912.20.19.00.19, 9306.21, 9306.29, 9306.30.90, 9306.90.90.00.00 obtaining a production, sales or use permit certificate from the relevant Governorates is required.
For the importation of other items which listed in the product coverage excluding items indicated above, it is required to have manufacturer or dealership certificate.