Endangered species of wild fauna and flora
- 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.
By virtue of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), CITES document issued by the Ministry of Agriculture and Forestry is required for the importation and exportation of the species listed in the Foreign Trade Communiqué 2011/1.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Product coverage: Annexed to the Foreign Trade Communiqué 2011/1. (The latest amendment covering the updated Annexes: Official Gazette No. 32296/dated 1 September 2023, https://www.resmigazete.gov.tr/eskiler/2023/09/20230901-6.htm).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported and exported 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 system is intended to ensure the control of imports and exports for the sake of sustainability of the endangered species.
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 in the Communiqué (Foreign Trade Communiqué 2011/1) published in the Official Gazette of 27 February 2011 No: 27859 bis. The Communiqué is available at the https://www.resmigazete.gov.tr/eskiler/2011/02/20110227-8.htm link. Since the system has been designed to comply with the requirements of the provisions of the above-mentioned Convention, it is not 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)?
Pre-import permission is granted before live animals which are listed in CITES Annex I arrive in the country in order to secure that the animals do not get stressed.
Q7.b. Can a licence be granted immediately on request?
Within a maximum of ten working days depending on the process of technical evaluation.
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.
No.
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?
Different organs involved depending on the species in question to be imported. Management authorities are determined according to Regulation on CITES Implementations.
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?
Applications are not refused for reasons other than not meeting the relevant criteria. However, If the wild species to be imported is invasive and harms the native species and biodiversity, the importation of the species in question is prohibited by the Managing Authority by obtaining the scientific reports and opinions of the TUBITAK Presidency, which is the Scientific Authority.
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?
All importers are eligible to apply for licence.
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?
One copy of the CITES document which comprises the approval of the Ministry of Agriculture and Forestry is attached to the Customs Entrance Manifest.
Q11. What documents are required upon actual importation?
No extra documents are required upon actual importation. However, import control certificate is required for live animals.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
As of 2023, license document fees for export or import of live/dead parts or derivatives of the species included in the CITES supplementary lists are given in the table below.
| Name of the Document | Explanations | Document Fees | Export | Import |
|---|---|---|---|---|
| CITES Certificate and Certificate of Conformity for Import and Export (for species not included in CITES Annex lists) |
1- Fees are charged per document as a TL. 2- Export Conformity Certificate fees for leather and its derivatives imported outside the scope of CITES; It is calculated over the invoice price in import, according to the amount used. | 1. For personal applications and sending samples | 500 | 1.000 |
| 2. Zoos | 3.500 | 7.000 | ||
| 3. Bringing animals for demonstration purposes | 3.500 | 7.000 | ||
| 4. For Scientific Materials | 500 | 1.000 | ||
| 5. For Hunting Trophies | 7.000 | 14.000 | ||
| 6. Invoice fee for Commercial Applications: | ||||
| For those up to $20,000 | 1.300 | 2.600 | ||
| For those between $20,001-$50,000 | 3.000 | 6.000 | ||
| For those more than $50.000 | 5.000 | 10.000 | ||
| For 3 items sold within the scope of electronic commerce | 500 | 1.000 | ||
| 7. For historical artifacts | 3.500 | 7.000 |
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?
Validity of the document is 12 months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
There is no provision regarding the transfer of live animals.
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?
Import control certificate is required for live animals.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Written scientific proof guaranteeing that import of the species does not threaten the continuation of the endangered species. The rules of transpotation and accomodation are determined according to the CITES Convention procedure and IATA Rules.