Radioactive materials and devices using them
- 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 Nuclear Regulation Authority (NRA) is required for 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 |
|---|---|
| 2612.10.10.00.00 | Uranium ores and pitchblende and concentrates thereof, with a uranium content of more than 5% by weight |
| 2612.20.10.00.00 | Monazite; urano-thorianite and other thorium ores and concentrates, with a thorium content of more than 20% by weight |
| 28.44 | Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds, mixtures and residues containing these products |
| 2845.10.00.00.00 | Heavy water (deuterium oxide) |
| 2845.90.10.00.11 | Deuterated organic compounds |
| 2845.90.10.00.19 | Other |
| 2845.90.90.00.11 | Tritium compounds |
| 7806.00.10.00.00 | Containers, with an anti-radiation lead covering, for the transport or storage of radioactive materials |
| 84.01 | Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation |
| 8606.91.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8609.00.10.00.00 | Containers with an anti-radiation lead covering, for the transport of radioactive materials |
| 8704.21.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.22.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.23.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.31.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.32.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.41.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.42.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.43.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.51.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8704.52.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8709.11.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8709.19.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 8716.39.10.00.00 | Specially designed for the transport of highly radioactive materials |
| 9022.21.00.00.00 | For medical, surgical, dental or veterinary uses |
| 9022.29.00.00.00 | For other uses |
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 Nuclear Regulation Authority is not intended to restrict the quantity or the value of importation of the goods. The purpose is to assure patients' security against the probable harmful effects of radioactivity that is emitted from the goods subject to the Communiqué.
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 covered in the Communiqué (Import Communiqué: 2024/3) published in the Official Gazette of 31 December 2023, No. 32416 bis. Related Communique is available at the https://www.resmigazete.gov.tr/eskiler/2023/12/20231231M3-7.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)?
Application for approval should be made to NRA at least 15 days in advance of importation. The approval shall be issued within one to five days, depending on the characteristic of the radioactive substance and the completeness and suitability of the application. Shipment of radioactive substances cannot be initiated without obtaining approval from the Authority. Therefore, approval for import permission must be obtained from the Authority by the importers in the country before being sent by the shippers abroad for the purpose of importing radioactive materials coming from abroad. However, approval for import permission may also be obtained for radioactive materials that accidentally arrive at the port without permission from the NRA.
Q7.b. Can a licence be granted immediately on request?
The approval shall be issued within one to five days, depending on the characteristic of the radioactive substance and completeness of the application.
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 on the time when application for approval should be made.
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 the import approval of radioactive materials is carried out by the NRA. In addition to the NRA, application for import permission shall be also made to the Ministry of Trade electronically via Single Window System.
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?
Application for approval shall be rejected in case information or documents requested by NRA are incomplete or domestic use or possession of radiation sources do not comply with the provisions of the legislation in force.
The NRA shall notify reasons of refusal to the applicant in an official letter, and it shall also notify electronically via the Single Window System.
The applicant may submit an objection to the NRA with an official letter, together with the reasons of objection. NRA may review the objections and reasons within the framework of the provisions of the legislation in force and re-evaluate the application for the import permission.
No appeal procedures are specified in provisions of the legislation in force. However, all actions and procedures of the administration are 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?
(a) under restrictive licensing systems:
Only for substances that are classified under the Harmonized System Codes of 28.44, 2845.90.90.00.11, 9022.21.00.00.00, 9022.29.00.00.00, organizations that have obtained import-export transportation license from NRA or those that have obtained a use-possession license from NRA may apply for an import permission.
Organizations that obtained import-export-transportation license from NRA can apply for an import permission to NRA for radiation sources. NRA issues import-export transportation licenses to real or legal persons when requested documents are complete and conditions are fulfilled and applications are made in accordance with the provisions of the legislation in force.
(b) under non-restrictive systems:
All importers are eligible to apply for an import permission to import substances defined in the product list, other than those listed under item a. There is no registration fee. Companies authorized to obtain import-export transportation license from NRA for radiation sources are announced on the website.
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?
Applications for an import permission shall be made by filling out the application form via egovernment.
Necessary documents for the products mentioned in reply 9 (a) are described as follows:
- Application form that can be obtained from https://ndk.org.tr/tr/ web site link.
- Signed or stamped invoice or proforma invoice which declares the serial number and HS codes of radioactive source.
- Production certificate of radioactive source issued by the manufacturer of the closed radioactive source.
- For highly active radioactive sources.
- Transportation Permit Application Form for high activity radioactive sources.
- Transport Plan for High-Activity Radioactive Sources.
- A certificate of device containing closed radioactive source. Technical catalog of device containing closed radioactive source.
- A consensus certificate of the manufacturer / distributor company.
- A copy of a contract between the user organization and the importer related to the supplying of closed radioactive sources.
- Organization's commitment to send obsolete radioactive resource abroad or to the waste facility.
- A receipt showing that the permission fee is deposited to NRA account.
- Open Radioactive Source List Format for open radioactive sources and CD where the forms are saved in XLS format.
- Necessary documents for the products mentioned in reply 9 (b).
- Original signed, stamped invoice / proforma invoice.
- Document / catalog showing the technical specifications of the materials to be imported.
- Official request letter of the end user (signed official request letter containing the name, amount, project name, project purpose, name and title of the person responsible for the project).
Q11. What documents are required upon actual importation?
One copy of the document, which comprises the approval of the Nuclear Regulation Authority, shall be annexed to the Customs Declaration form.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The import permission fee for radiation sources is 5.587TL. The fee for the import permission of nuclear substances and materials and strategic substances is 5.587 TL. The license fee is 20.101 TL. These fees are valid only for 2024 year and may change from one year to another.
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.
Import permission fee is deposited to the NRA corporate account at the application stage. If the applicant formally requests to NRA to cancel the application before the authorization process is completed, the application fee is refunded to the applicant by the NRA.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
For the products mentioned in reply 9 (a); the validity period of the import permission granted by NRA is three months. Re-application for an expired import permission can be made.
For the products mentioned in reply 9 (b); the validity period of the import permission issued by NRA is for the periods specified by the applicant in the application. Re-application for an expired import permission can be made.
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 permission issued by the NRA. However, it is mandatory to notify the NRA in case the import permission for the items mentioned in 9 (a) are not used or some of them are used. Sanction may be applied within the framework of the provisions of the legislation in force for those who do not make the necessary notifications.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permission issued by NRA shall not be transferred according to provisions of legislation in force.
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?
There are no other conditions for an import permission other than those previously mentioned.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
If the applicant is not the user of the materials covered by the permit; the applicant must have an import-export-transport license from the NRA. If the import permit applicant is the user of the materials covered by the permit; the applicant must have obtained a use-possession license from the NRA, or the application for a use-possession license must be approved by the NRA.