Introduction

This paper attempts to give a brief outline of customs clearances in Turkey. It is important to emphasize that customs procedures are changing and developing quickly in Turkey. This article puts customs regulations in a nutshell by addressing serious challenges of customs debtors in the practice of those procedures.

What is "Customs Administration" or "Administrations" in Turkey?

Currently the Ministry of Trade is responsible for customs acts, actions and regulations.

Nevertheless the word "customs administration" may imply a number of institutions amongst others, "customs office of entry", "customs office of import", "customs office of export", "customs office of exit". All of these authorities are capable of taking a decision on customs debtors.

What is the "Customs Debtor"?

Debtor means any person (natural or legal person) who is responsible for the implementation of any customs debt regarding a payment or another similar duty.

What are the main customs procedures in Turkey?

Generally speaking Turkish Customs Code (No: 4458) contains 8 main regimes and their related regulations:

  • Release for free circulation,
  • Transit,
  • Customs warehousing,
  • Inward processing,
  • Processing under customs control,
  • Temporary admission,
  • Outward processing,

But there is no doubt that legal steps are changeable for accomplishing every single customs procedure.

What kind of legal disputes arise from customs procedures?

Customs administration has a capacity to take any official act having legal effects on persons. According to the type of such decisions, jurisdiction has been a matter of concern for every single customs dispute. The main reason is that the question of which court has a jurisdiction may be really complicated for any litigation. Generally speaking, the nature of customs acts is at the center of determining the court. Where the complained decision is related to the payment of import or export duties, tax courts are authorized. Except for customs duties or taxes, individuals or corporations lodge an application before the administrative justice. But such simplicity is not the case for every customs act.

Conclusion

To sum up, legal necessities of customs clearances in Turkey change based on the type of regime within the context of domestic legal framework. Moreover, finding the relevant customs authority for an administrative application and/or finding the relevant judicial court for a potential legal dispute has been a matter of concern facing customs debtors.

Hence, legal and natural persons in Turkey may need a comprehensive guide and legal advice for customs procedures. A full-fledged technical and strategic assistance is especially instrumental in avoiding high-level risks, unnecessary expenses and time-killer factors.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.