War weapons and their parts
- 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 National Defence is required for importation of goods included in the Communiqué.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Product Coverage:
| HS Code | Description |
|---|---|
| 93.01 | War weapons (excluding revolvers, pistols and weapons of heading 93.07) |
| 9305.10.00.00.00 | Of revolvers or pistols (excluding magazines) |
| 9305.91.00.00.00 | Of military weapons of heading 9301 |
| 9306.30.10.10.00 | Of submachineguns falling within heading 9301 |
| 9306.30.10.90.00 | Others |
| 9306.30.30.00.00 | For military weapons |
| 9306.90.10.00.00 | Military bombs, grenades, torpedoes, mines, guided missiles, etc. war munitions, shells and parts 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 Ministry of National Defence 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 2024/2) published in the Official Gazette of 31 December 2023, No. 32416bis. The Communiqué is available at the https://www.resmigazete.gov.tr/eskiler/2023/12/20231231M3-6.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)?
There is no time limit for the application within the scope of the legislation in force. Applications are finalized within three-four business days by our Ministry of National Defense.
Q7.b. Can a licence be granted immediately on request?
Import permission can be issued immediately if requested information and documents are complete.
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.
Applications can be made at any time of the year. There is no time limit.
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 only approval authority for the import of materials specified in the mentioned Communiqué, is the Ministry of National Defense.
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?
The application for the import permission is rejected even if it fulfils the normal criteria as a result of assessment with the relevant institutions for the exporter countries, if it is decided that the import to be made is inconvenient for national and public security.
The reason for the rejection is notified to the applicant. The applicant has the right to re-apply for the rejected import.
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 according to 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?
Public institutions and organizations that are established or operated to produce all kinds of war tools and equipment, weapons, ammunition and their spare parts, explosive materials and their technologies, as well as organizations belonging to real persons and legal entities of private law can apply for an Import Permission.
For materials outside the scope of the Ministry of National Defense projects but included in the Controlled List, an import permission may be granted to an organization that has a Facility Security Certificate and a Production Permit in accordance with Law No. 5202.
There is a registration system for imports. In addition, there is no registration fee for the application.
The list of companies holding Facility Security Certificate and Production Permit is available on the website https://www.msb.gov.tr/.
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?
The organization that wants to import a material within the scope of the above-mentioned Communiqué, has to apply to the Ministry of National Defense with a petition by filling out the Import Permit Application document on the MND website.
Q11. What documents are required upon actual importation?
One copy of the document, which comprises of the approval of the Ministry, shall be annexed to the Customs Declaration form and End User Certificate is also necessary if it is requested by the exporter country.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Import permission is not subject to any fee.
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.
There is no deposit or advance payment requirement associated with the issue of import permission.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity period of the Import Permit Certificate is specified on the Import Permit Document to be issued as a result of the evaluation of the Ministry of National Defense upon the request of the importers.
Import permission can be extended for once, provided that an application is made before the permit expires.
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 an import permission.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import Permit Documents are issued specifically to the applicant organization and 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?
There is no other conditions other than the ones mentioned above.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There is no other administrative procedure other than import permission and similar administrative procedures before import.