Database

Browse Database

TÜRKIYE

Since June 2003

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"88011"},{"post_id":"88012"},{"post_id":"88013"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TR')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

TÜRKIYE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar 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: Digital goods

TÜRKIYE

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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 Information and Communication Technology (ICT) goods  |  Sub-pillar 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

TÜRKIYE

Since July 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar 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

TÜRKIYE

Reported in 2022, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar 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  |  Sub-pillar 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

TUNISIA

Since August 1961, last amended in 1985

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in the e-commerce sector
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities (Décret-loi No. 61-14 du 30 août 1961, relatif aux conditions d'exercise de certaines activités commerciales)
According to Art. 8 of Decree-Law No. 14-1961, foreigners cannot engage in certain specified business activities, such as wholesale distribution and retail trading, except where the Minister of Trade grants a waiver. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit from the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985. It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.
Coverage Commercial activities, including e-commerce

TUNISIA

Since December 2016
Since January 2019

Pillar Online sales and transactions  |  Sub-pillar Limits on e-commerce purchases
Circular of the Central Bank of Tunisia No. 2016-9 on Transfers for current operations (Circulaire aux intermediaires agrees No. 2016-9 du 30 décembre 2016)

Circular No. 2019-2 (Circulaire aux Intermédiaires Agréés No.2019-02)
According to Arts. 14-18 of the Circular 2016-9 of the Central Bank of Tunisia on transfers for current operations, amended by Circular No. 2019-2, online cross-border purchases are limited to certain online telecommunication services listed in Annex 1, and it is not possible to purchase services not included in the list of Annex 1. The list of commercial operations for which a user can make a payment online is quite limited and does not include e-retail. Among the permitted activities, are the reservation of hotels abroad and the payment of tariffs for the import of goods. In addition, Art. 15 of Circular lets Tunisian residents with at least a high school diploma use a special "International Technology Card" for those online payments that are allowed with a maximum annual limit of TND 1,000 (approx. 320 USD) for specific online expenses. The Circular was amended by Circular No. 2019-2, updating Art.14, which set the highest annual limit for this special card at TND 10,000 (approx. 3,200 USD) for resident companies. Companies with the "startup" label have a maximum yearly allocation of TND 100,000 (approx. 32,000 USD).
Coverage Horizontal

TUNISIA

Since August 1961, last amended in 1985

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities (Décret-loi No. 61-14 du 30 août 1961, relatif aux conditions d'exercise de certaines activités commerciales)
Art. 8 of Decree-Law No. 14-1961 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where the Minister of Trade grants a waiver. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit from the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
Coverage Horizontal

TUNISIA

Reported in 2019, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Restrictions to online payments
It is reported that there are restrictions on international payments due to Tunisia’s foreign exchange regulations as well as the non-convertibility of the TND. Tunisian credit cards are not approved for transactions in currencies other than the TND and, therefore, cannot be used for purchases made on foreign commercial internet sites. This prevents Tunisian residents from making transactions on international e-commerce sites such as eBay, Amazon, and AliExpress unless they obtain a “Digital Technology Charge Card” issued by the Government. This card was launched in 2015 by the Ministry of Communication Technologies and Digital Economy with Circular 2015-5 of the Tunisian Central Bank. The card can be obtained only by Tunisians with college degrees, and it allows cardholders to make online purchases of software, mobile applications, web services, and publications in support of entrepreneurial activities. Individual users are limited to TND 1,000 (approx. USD 377) in annual purchases (Art. 1). The program has been expanded to include Tunisian IT companies, which are allotted up to TND 10,000 (approx. USD 3,770) annually to purchase online services, including server hosting and freelance programming services.
Coverage Horizontal

TUNISIA

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Tunisia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TUNISIA

Since July 2013

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decision of the National Telecommunication Authority No. 141-2013 (Décision de l’INT No. 141 du 24 juillet 2013)
According to Art. 8.1 of the Decision of the National Telecommunication Authority No. 141-2013, local domain name registration including ".com.tn" is restricted and limited to the following eligibility criteria: legal entities constituted according to the Tunisian laws in force, holders or legal representatives of an international trademark registered in Tunisia, natural persons of legal age of Tunisian nationality or officially residents in Tunisia.
Coverage Horizontal

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