TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Türkiye does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required. SMP operators having accounting separation obligations in relevant markets prepare accounting separation reports annually.
Coverage Telecommunications sector
TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Türkiye has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc88.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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TÜRKIYE
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that, although Turkish procurement law requires contracting authorities to give due consideration to best value for money, the vast majority of tenders are awarded on the basis of the lowest bid price, a practice which, in the procurement of highly technical goods or services, may exclude firms with the greatest capacity and expertise, including foreign companies that often offer a wider range of services, lower life‑cycle costs, and higher-quality products; moreover, additional features of the Turkish procurement system significantly restrict the participation of foreign firms, as the mandatory use of standardised model contracts limits their ability to submit proposals fully tailored to the specific requirements of procuring authorities, while foreign companies, including those operating through Turkish subsidiaries, have reported persistent difficulties in meeting extensive and onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal
TÜRKIYE
Since November 2008
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Electronic Communication Law No. 5809 (Elektroni̇k haberleşme kanunu)
According to Electronic Communication Law No. 5809, the executive authority for the supervision and administration of services in the telecommunications sector in Türkiye is the Information and Communication Technologies Authority. It is reported that the Information and Communication Technologies Authority is independent from the government in the decision-making process.
Coverage Telecommunications sector
TÜRKIYE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Türkiye is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal
TÜRKIYE
Since June 2003
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Direct Investment Law No. 4,875 (4875 Sayılı Doğrudan Yabancı Yatırımlar Kanunu)
According to Art. 3 (a) of the Foreign Direct Investment Law, full foreign ownership is allowed. Unless stipulated by international agreements or other special laws, foreign investors are free to make investments and shall be subject to equal treatment as domestic investors.
Coverage Horizontal
Sources
TÜRKIYE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.99%
Coverage rate of zero-tariffs on ICT goods (%)
69.44%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
TÜRKIYE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in ITA Expansion Agreement (ITA II)
Türkiye is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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TÜRKIYE
Since July 2021, until July 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Anti dumping measure
In July 2021, the Turkish authorities imposed a definitive anti-dumping duty on imports of stainless steel welded pipes, tubes and profiles (HS:560311) from Vietnam. These products can be used for server cabinets, racks for network equipment, structures for telecommunications antennas, as well as to manufacture machinery and equipment used in the production of ICT goods. The rate of the duty ranges from 19.64% to 25%, depending on the company.
Coverage Product: Stainless steel tubes, pipes and profiles (HS:560311)
Country: Vietnam
Country: Vietnam
TÜRKIYE
Since July 2019
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (Cumhurbaşkanlığından, Genelge, Bilgi ve İletişim Güvenliği Tedbirleri No. 2019/12)
Circular No. 2019/12 provides that data of public institutions and organisations should not be stored in cloud storage services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud computing sector
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Complaints on public procurement
It is reported that Türkiye frequently issues regulations that exempt urgent projects and procurements from requirements of the Turkish Public Tender Law, allowing entities to conduct tenders or negotiations on an invitational basis. While these exempted tenders technically are open to foreign as well as domestic firms, it is reported that, in practice, few of these have been awarded to foreign firms unless they were offering goods or services that were urgently needed and not available in Türkiye.
Coverage Horizontal
TÜRKIYE
Since January 2002, as amended in February 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tender documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20230318182011/https://dn.gov.ua/storage/app/sites/1/zakupivli/dodatok-3.2_Byuleten-shhodo-vymog-do-provedennya-tendernyh-protsedur-u-Turechchyni.pdf
- https://web.archive.org/web/20250129210214/https://www.mondaq.com/turkey/government-public-sector/1545298/public-procurement-comparative-guide
- https://www2.ihale.gov.tr/english/4734_English.pdf
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TÜRKIYE
Since January 2002, as amended in June 2017
Since September 2014
Since September 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Since February 2014, amendments to the Public Procurement Code have introduced defined local preference margins for medium- and high-technology products in Türkiye, replacing the previously discretionary application of such margins by issuing authorities. Art. 63 of the Turkish Public Procurement Code, as amended by Art. 74 of Law No. 7033 on the Amendment of Certain Laws and Decrees to Support the Development of Industry and Production, establishes the following provisions:
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
Coverage Middle and high technology products
Sources
- https://web.archive.org/web/20220630004221/https://dosyalar.kik.gov.tr/genel/IhaleGovTr/4734_public_procurement_law_Consolidated_2022.pdf
- https://web.archive.org/web/20221128194427/https://resmigazete.gov.tr/eskiler/2017/07/20170701-21.htm
- https://web.archive.org/web/20221222052544/https://www.resmigazete.gov.tr/eskiler/2014/09/20140913-11.htm
- https://web.archive.org/web/20241125200029/https://www.sanayi.gov.tr/assets/img/popup-image/butce2025.jpg
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20240413073950/https://www.wto.org/english/tratop_e/tpr_e/s439_e.pdf
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TÜRKIYE
Since February 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Regulation on the Implementation of the Turkish Industrial Cooperation Program
The Regulation on the Implementation of the Turkish Industrial Cooperation Program gives civilian ministries the authority to impose commercial offset requirements in procurement contracts. A foreign company that wins a Turkish government procurement contract may be required to produce a certain percentage locally or with a local partner or transfer technology in order to provide its products and services. It is reported that the Turkish Government has imposed these requirements in the telecom and ICT sectors, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230329205833/https://www.resmigazete.gov.tr/eskiler/2018/02/20180217-2.htm
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230907064334/https://www.state.gov/reports/2023-investment-climate-statements/turkiye/
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VANUATU
Since September 2000, last amended in July 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act No. 24 of 2000
Vanuatu enacted the Electronic Transactions Act No 24 of 2000, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
Sources
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce/status
- https://web.archive.org/web/20260212132925/https://www.vfsc.vu/wp-content/uploads/2025/06/Electronic-Transactions-Act-No.-24-of-2000.pdf
- https://web.archive.org/web/20260507135020/https://www.vfsc.vu/wp-content/uploads/2025/06/Statute-Law-Miscellaneous-Provision-Act-No.-2-of-20101.pdf
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