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TÜRKIYE

Reported in 2022, last reported in 2023

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

TÜRKIYE

Since January 2002, as amended in June 2017
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))
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.
Coverage Middle and high technology products

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

TÜRKIYE

Reported in 2022, last reported in 2023

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 government procurement law requires government contracting agencies to consider best-value pricing, the lowest-cost bids are selected in most tenders. In a scenario involving the procurement of highly technical goods or services, this may prevent consideration of bids from firms with the highest capacity and best abilities, including foreign firms, i.e., those that provide a greater number of services, lower life cycle costs, and higher quality products. It is also reported that certain other features of the Turkish procurement system severely limit the ability of foreign companies to participate in government tenders. First, Turkish procurement law mandates the use of model contracts, i.e., standard forms, which many government procuring agencies refuse to modify. These model contracts make it difficult for foreign companies to formulate proposals that are fully responsive to procuring agencies’ requirements. In addition, foreign companies, including those with Turkish subsidiaries, have reported difficulties complying with onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal

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

TÜRKIYE

Since 2019
Since October 2014, entry into force in May 2015
Since July 1956

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)

Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)

Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
As of 2019, online media service providers, including on-demand service providers, must obtain a new license for online broadcasting and must be established in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media

TÜRKIYE

Since June 2013, last amended in June 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
E-money and e-payment service providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. The conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage Foreign e-payment and e-money services
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[{"post_id":"88011"},{"post_id":"88012"},{"post_id":"88013"}]
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ITA: [{"meta_value":"0.50"}]

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

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

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

THAILAND

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

THAILAND

Since June 2020

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Domain Name Registration Policy 2020 (นโยบายการจดทะเบียนชื่อโดเมน .th และ .ไทย)
According to the Domain Name Registration Policy 2020, the domain name ".co.th" is designed for business entities registered with the Department of Business Development in Thailand, state enterprises, or any person who registered the Value Added Tax with the Revenue Department in Thailand. In addition, according to Section 2 of the guidelines, the domain name holder can be a foreigner who holds a registered trademark with the Department of Intellectual Property (DIP) in Thailand. However, foreign juristic persons or trademark owners must appoint an agent to hold rights in a domain name on their behalf.
Coverage Horizontal

THAILAND

Since April 1979
Since April 2002

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act, 1979 (พระราชบัญญัติคุ้มครองผู้บริโภค - พ.ศ. 2522)

Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
The Consumer Protection Act 1979 and the Direct Sales and Direct Marketing Act 2002 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

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