Legislation Announcements
YYS- Decision on Deferral of the Explanation of the Judgment
YYS- Decision on Deferral of the Explanation of the Judgment
E-52856264-106.03 numbered letter of the General Directorate of Customs
It is understood that there is a hesitation about the procedure to be established if the competent judicial authority decides to defer the announcement of the verdict by the competent judicial authority about the members of the board of directors of the certificate holder companies, natural persons who own ten percent or more of the capital and employees who have the authority to represent in customs and foreign trade transactions.
In this framework, if the decision to defer the announcement of the verdict is made at the end of the prosecution process carried out against the persons above, and this decision is finalized, the letter regarding the termination of the suspension of the certificate carried out by article 154 of the regulation is attached.
Click here for the relevant legislation.
New Annex-2 Electronic Questionnaire Released (v3.3.2)
- In question 1.9 in the 1.COMPANY INFORMATION section, the company asks "Is there a Type C Warehouse in the Facility?" for each facility to be specified in the information regarding its facilities. partial area added,
- Under the heading "B. Outsourcing Services for Archive" in the 4th ARCHIVE SYSTEM section, "No external services are received for the archive." When the option is selected, arrangements have been made to remove the obligation of the company to answer question 4.4,
- Some questions that should have been closed but were not closed in various situations were closed correctly,
- Corrections were made in the questions where the Written Procedure Document, Paragraph/Article Number, Page Number could not be specified,
- Facilities to be specified within the scope of Chapter 13 have been removed from the "Requests for Additional Permits and Authorizations" field,
- "Not Applicable" options of the questions have been revised,
- In accordance with the Regulation on Amendments to the Customs Regulation published in the Official Gazette dated 24 September 2021 and numbered 31608, the authorization request boxes and explanations regarding the authorized sender authority have been removed,
- Some interactive form improvements and bug fixes have been made,
- The number, content, title or order of the questions have not changed,
- No questions have been removed.
It is possible for those who have previously filled out the V3.3.1 version questionnaire but have not yet submitted their applications to transfer their existing answers to the same title, name and order fields in the new version form by copy-paste method.
In this context, the V3.3.2 version questionnaire must be included in the annex to the new YYS applications to be made after 05.04.2024, and question forms in V3.3.1 or older versions will not be accepted. V3.3.1 questionnaires attached to YYS applications submitted before the said date will be accepted and there is no need to submit a new version questionnaire for the said applications.
The Circular (An article on the Actions to be Taken Due to an Earthquake Disaster) has been published.
The periods in terms of certain transactions, made by the operators in 10 provinces (Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye, Şanlıurfa) where a state of emergency was declared with the Presidential Decision No. 6785 published in the Official Gazette dated 08.02.2023 and numbered 32098 in the transactions in all customs administrations and the operator in the other provinces (declaration issuance after summary declaration, completion of transactions, submission of certificate of origin later, objections, reconciliation, etc.) will not run out until 31.07.2023.
Required periods of the regime for returning the goods sent abroad within the scope of temporary importation regime, processing under customs control, outward processing permission granted by the customs administration will not run until 31.07.2023.
Within the scope of YYS and OKS, the deadlines determined for obligations such as making notifications or submitting documents to the customs administration, correcting the deficiencies reported by the customs administration, updating the submitted documents, limited to the operators in the aforementioned 10 provinces will not be applied until 31.07.2023.
Click Here To Reach The Related Legislation.
The article about the Documents to be Added to the Declaration by the Authorized Economic Operators has been published
As it is known, Article No. 114/3 of the Customs Regulation was amended as follows with the Regulation on Amendment of the Customs Regulation. The General Directorate of Customs has published an article on the subject.
“(3) The documents specified in the first paragraph are recorded in the box no. 44 of the customs declarations, registered on behalf of the persons who have the right to benefit from the green line. The documents specified in the first paragraph are not attached to the customs declarations, inspection type is determined as green line. However, except for customs declarations regarding export and warehouse regimes, in cases where the inspection type is determined as yellow or red line, the documents recorded in box no. 44 are submitted to the customs administration together with the customs declaration."Accordingly, regarding the customs declarations registered in the name of the persons holding the certificate of authorized economic operator;
- In box no. 44 of the declaration, the relevant documents will be declared in any case within the framework of the first paragraph of Article 114 of the Customs Regulation,
-In customs declarations regarding export and warehouse regimes; in cases where the inspection type is determined as a yellow or red line, the documents declared in box no. 44 will be scanned and added to the declaration,
- Customs declarations other than export and warehouse regimes; in cases where the inspection type is determined as yellow or red line, the documents declared in box no. 44 will be submitted to the customs administration together with the customs declaration, - For all regimes, it will not be necessary to add the said documents declared in box no. 44 of the declaration to the customs declarations, whose inspection type is determined as green line, by scanning.
The following article has been added to the Circular No. 2018/11 on Single Window System-Outside Processing Permit (For Commercial Repair).
The following article has been added to the Circular No. 2018/11 on Single Window System-Outside Processing Permit (For Commercial Repair).
Civil aviation and defense, holding an Authorized Economic Operator Certificate (YYS) and authorized to issue a report in accordance with the second paragraph of the third article of the Customs General Communiqué (Serial No:1)-(Outward Processing-Temporary Export) published on 30.05.2009 and numbered 27243. As a result of the evaluation of the applications to be made by the organizations operating in the technical field such as production and assembly in the industrial sector to our Ministry, the companies deemed appropriate by the Ministry, instead of the TPS-Outside Processing Permit (For Commercial Repair Purpose) with the code 1006, TPS-Outside Processing Permit (YYS-Civil Aviation and Defense Industry) with the code 1095. ) can be used in customs procedures.
Priority Inspection for YYS Certificate
With the systemic regulation made in the BİLGE System, customs procedures of YYS companies' declarations that are processed on the yellow and red lines can now be completed with priority.
Regarding the subject, the declarations that are not processed on the green line, which includes the holders of the obligatory status, who are authorized in the areas of 2 Sender / Exporter and 8 No. A technical arrangement has been made to process the transaction.
Circular No. 2021/20-Operations to be Performed in Accordance with Article 234 of the Customs Code in the Application of Declarations with Incomplete Documents
The General Directorate of Customs of the Ministry of Commerce has published the Circular No. 2021/20 in order to eliminate the application differences experienced in the application of Article 234 of the Customs Code regarding the “declaration with a missing document” procedure of companies with YYS and OKS documents.
The General Directorate of Customs has published the Circular No. 2021/20 “Operations to be performed in Accordance with Article 234 of the Customs Code in the Application of Declarations with Incomplete Documents”.
In the circular, the missing document organized in the Regulation on the Facilitation of Customs Procedures and the Customs General Communiqué on the Status of an Approved Person (Order No. 1) was explained with examples of how to conduct operations at the point of application of Article 234 of the Customs Code as of the situations encountered in the application of the declaration (bs-1).
1 - Notification of the completion of documents with the incomplete document completion form
If the missing document is submitted within the completion form period and it is understood that the documents are duly and in accordance with the missing document specified in the declaration, there is no room for any penalty proceedings. If it is found that the documents in question cannot be submitted when requested to submit them (green line declarations), or the documents submitted are not compatible with the document specified in the first declaration, or are not duly in accordance with the documents, an additional tax amount to be calculated based on the absence of documents is accrued and a delay interest is applied. In addition, operations are carried out in accordance with Article 234 of the Customs Code.
2 - Notification of the obliged person that he will not be able to complete the documents within the period
In the event that the obliged person declares that he cannot complete the missing documents within the period, the obliged person will have completed his first statement in a way that requires changes to the declaration. As of the moment of the final declaration, there is no room for processing in accordance with Article 234 of the Customs Code, since there is no difference between the declared documents and the submitted documents. If a declaration is made in this way, an additional tax amount is accrued, which will be calculated depending on the case where there are no documents, and a delay interest is applied.
3 - Expiration of the prescribed period for the completion of documents
If the deadline for completing the missing documents has expired, but the obliged person has not submitted the missing document completion form and the missing documents, the obliged person must be considered to have kept the first statement as it is, but does not have the relevant documents. Because the obliged person has not taken any action within the period given to him, the declaration will be completed as it was first issued. It is not possible to accept the incomplete document completion form or the submitted document provided outside of this period. In this case, additional tax amount to be calculated based on the case where there are no documents is accrued and a delay interest is applied. In addition, operations are carried out in accordance with Article 234 of the Customs Code.
Please click here for samples and Circular.
About OKSB and YYS Applications
In the article of the General Directorate of Customs, it was stated that the inclusion of public receivables arising from penalties within the scope of the configuration does not constitute a reason for not being considered in the applications for the OKSB and YYS.
“In paragraphs (b), (c) and (ç) of the first paragraph of Article 23 of the Customs Regulation and in paragraphs (c ), (ç) and (d) of the first paragraph of Article 5 of the Regulation on the Facilitation of Customs Procedures, provisions on finalized customs penalties are not the provisions related to public receivables arising from these penalties, but the provisions related to violations of customs legislation that cause these penalties to occur. Therefore, public receivables arising from these penalties are included in the scope of the configuration and these penalties do not constitute a reason for not considering approved person status certificate and Authorized Economic Operator certificate applications.”
With the amendment to the Regulation on the Facilitation of Customs Procedures; the original or sample of the current signature circulars will not be required in the application for the Authorized Economic Operator certificate.
With the amendment to the Regulation on the Facilitation of Customs Procedures; the original or sample of the current signature circulars will not be required in the application for the Authorized Economic Operator certificate.
Explanation
With the amendment to the Regulation on the Facilitation of Customs Procedures; the original or sample of the current signature circulars will not be required for in the application for the Authorized Economic Operator certificate.
With the amendment made to the Customs General Notification on the Status of the Approved Person No. 1 series; Signature circulars were removed in applications for the status certificate of the approved person.
In the customs regulations, as amended; signature circular is not required for investment and operating permits for temporary storage permit applications and permits simplification in the applications; signature circular is not covered by customs broker’s associations-reported information and documents that are related to the changes.
With the amendment made to the Customs General Communiqué serial Transit Regime no 6: signature circulars will not be required in the application for the simplified transportation of goods by rail within the framework of the common transit and national transit regimes.
With the amendment made to the Customs General Communiqué serial Transit Regime no 5: signature circulars will not be required in the application for the simplified transportation of goods by air within the framework of the transit regime.
With the amendment made to the Customs General Communiqué serial Transit Regime no 3: company that will transit crude oil, gasoline, gas, naphtha, fuel-oil, and kerosene and jet fuel will not be required signature circulars when applying for a permit.
With the amendment made to the Customs General Communiqué serial Transit Regime no 4; in comprehensive coverage in applications for permits, signature circulars have been removed in applications for the right to a discount on comprehensive coverage, signature circulars have also been removed from the attached documents contained in the Comprehensive Guarantee and Security Waiver Permit Application Form.
With the amendment made to the Customs General Communiqué serial Transit Regime no 1; Signature circulars were removed from the documents contained in the petition in the application for a vehicle approval certificate.
With the amendment made to the Customs General Communiqué serial Transit Regime no 2: original/approved sample of the Signature Circulars was removed from the additional documents and Installment Request Form of the Customs General Communique.
According to the amendment made to the Regulation on Duty-Free Shops, Signature circulars will not be required from people who will apply for a store or warehouse opening permit during the application for a preliminary permit.
Authorized Receiver Shipment Operations
The General Directorate of Customs has published the attached article on "Authorized Receiver Shipment Operations".
Accordingly, if the owner of the goods arriving at the authorized receiver facility does not have the YYS-I status, the import operations of the goods cannot be carried out at the authorized receiver facility. In this case, following notice of the arrival and unloading of the goods, it has been reported that the transactions are to be continued as indicated in the heading "Partial Transactions Within the Scope of Article 117 of the Regulation dated 29.06.2020 On the topic " Receiver Transactions with Permission" specified in section 3 of the manual of 2020/13 Circular. In order to carry out these shipment operations, the authorized recipient must also have the authorized sender's authority.
The General Directorate of Customs has published a Circular on the inspection and line operations of export declarations to be processed within the scope of the authorization of the authorized sender.
In the circular it is stated that, with the application of paperless export, it becomes possible to parse the customs administration where the goods will be physically examined if necessary with the customs administration where the declaration is registered and without coming to the customs office, provided that the final exit point is an authorized sender facility, the scope of the opened export declarations is any transit declaration of the goods and it can be sent directly from the company's facility to the authorized sender facility connected to a different customs directorate without going to the customs administration by any vehicle without the need for seal exercises and accordingly it can be shipped abroad..
Export Implementation without Documents- Declarations in Blue and Green lines
In the attached article of the General Directorate of Customs:
The documents in Bilge System located in the field of documents requested by the system for reference purposes and it is declared that the declaration will be attached in the documents section covers documents that are already available on paper. Documents contained in a Single-Window System (Eg. E-invoice) there is no need to add electronically edited documents that have not been requested by the system for reference purposes to the declaration by scanning.
In this context, it was decided to take the pilot application of the regulations made in the BILGE System to be carried out at the Ankara Customs Directorate by 01.03.2021 and it is aimed to follow the course of the application and to spread it to all customs directorates on 01.04.2021.
Firms that own YYS will be less directed to TAREX risk analysis.
We would like to thank the General Directorate of Product Safety and Supervision, which has ensured the acceptance of the proposal we have made in our Association's petition on TSE audits No. 2020-4.
In letter published by the General Directorate of control and Product Safety numbered 24545304-553.02 and dated 13.11.2020, in applications made through the TAREKS system, if company has YYS certificate, compared to firms without having a certificate, risk analysis is made with privileges.
http://www.yysd.org.tr/upload/media_center/dokuman_1605538795.pdf
Regulation of the Industrial Registry Certificate in Electronic Environment
In the attached letter, it is stated that enterprises can complete all transactions electronically for registration to the industrial registry and receive their documents electronically, therefore, during the YYS and OKSB Applications, the electronic industry registration documents must be accepted through QR code verification as specified in the manual attached to the letter.
Pdf document for related article
YYS electronic guide
As of September 1, 2020, YYS applications will not be accepted in paper media and applications will be made in electronic media.
Within the scope of Circular No. 2020-17 on the subject, the YYS electronic guide has been published.
Click to view AEO Electronic Manual
For YYS applications
General Directorate of Customs published an article about "Manufacturer Notification Form" required for YYS applications.
In the article, in accordance with the amendment to the regulation on the facilitation of customs procedures made on 21.02.2020 it is specified as follows;
For foreign trading companies, sectorial foreign trade companies and/or companies with status of group exporter to benefit from rights and privileges under YYS in their certificate applications, it is required that all facilities of companies for which they carry out export operations must be specified in application form given in Annex-1/A and questionnaire for given in Annex 2 and reported to the Regional Directorate via manufacturer,
From the date of filing the certificate application, it is stated that only the exports of the companies notified in accordance with this paragraph should be carried out.
Authorized Economic Operator Certificate Electronic Application Procedures
General Directorate of Customs issued a circular on “YYS electronic application procedures".
It is stated in circular that; in accordance with Article 11 of the regulation on the facilitation of customs procedures, the application procedures to be made through the “E-devlet kapısı” for the authorized economic operator certificate must be carried out in accordance with the prepared guidelines.
Until 01.09.2020, depending on the applicant's preference, application procedures can also be performed in paper media, but after this date, certificate applications will be made in electronic media.
Click here for Circular No 2020/17.
Click here for the YYS E-Application Guide.
“Authorized receiver operations” guide for operations within the scope of the authorized receiver application.
The “authorized receiver operations” guide for operations within the scope of the authorized receiver application has been published.
Coronavirus Measures - Authorized Economic Operator Applications
In the article published by the General Directorate of customs, it was published that the periods stopped for obligations should be continued from 30.06.2020, and the periods related to events that give rise to obligations in the articles specified after 19.03.2020 should also be started on 30.06.2020.
Communiqué on the Repeal of the Communiqué on the Monitoring Of Authorized Economic Operators
From The Ministry Of Commerce:
COMMUNIQUÉ ON THE REPEAL OF THE COMMUNIQUÉ ON THE MONITORING OF AUTHORIZED ECONOMIC OPERATORS
Article 1- Communiqué on the Monitoring of Authorized Economic Operators published in the Official Gazette dated 14/3/2017 and numbered 30007 have been repealed.
Article 2-This communiqué enters into force on the date of publication.
Article 3- The provisions of this communiqué are executed by the Minister of Commerce.
On-Site Customs Clearance Pilot Application for Imports
Article was published for starting import on-site customs clearance pilot application in Yalova Customs.
upload/media_center/yg.docx
Customs Regulation Changes
Information circulars related to changes in customs regulations are added. Click here to download related circulars.
Reporting of Discrepancies Identified within the Scope of the Annual Activity Report
A circular was published stating that if there is a criminal situation after the annual reports are issued, the Relevant Customs Authority should be notified.
Reporting of Discrepancies Identified Within the Scope of the Annual Activity Report
Reporting of Discrepancies Identified Within the Scope of the Annual Activity Report
Documents have been determined according to requested permit in applications for approved exporter authority within the scope of regulation on facilitating customs procedures .
Within The Scope of Coronavirus Measures of General Directorate of Customs
Within The Scope Of Coronavirus Measures of General Directorate Of Customs; preliminary inspection activities of applicants, on-site inspection activities, change notices, lump sum guarantee presentation, annual activity report that give rise to obligations are stopped until a second notification as of 19/03/2020.
Amendment to the Regulation on the Facilitation of Customs Procedures
About amending the regulation on the facilitation of customs procedures, it was stated that with amendment updated the regulation software improvements were made for annex-24 and Annex-29 forms added to the Annex-2.
Amendment to the Regulation on the Facilitation of Customs Procedures
Companies with Authorized Economic Operator Certificate Traded On Green Line
The type of inspection for imports and warehouse declarations of companies having authorized economic operator certificate traded on the Green Line, notified to operator after a 20-minute waiting period following the registration of the declaration and monitoring import and warehouse declarations that are notified in a waiting period of 20 minutes by the relevant customs office through BİLGE → detailed declaration → TCGB Officer Operations → open declarations → import declarations section and it is stated that it is possible to change the line if it is deemed necessary during this time.
Summary of Changes in Customs Procedures Facilitation Regulation
Please click here to get summary information about the changes in the customs procedures facilitation regulation
Comparison table and statement notes of the Ministry of Commerce regarding the changes made in the regulation on the facilitation of customs procedures
A comparison table and statement notes of the Ministry of trade were attached to the changes made in the regulation on the facilitation of customs procedures.
Comparison Table
Comments on changes in the GIK
Questions, opinions and suggestions form in the regulation on the facilitation of customs procedures
Through the ministry's website, the proposal form for your questions and suggestions that you think should be made in the regulation on the facilitation of customs procedures has been implemented.
Annual Activity Report Submitted To Regional Directorates
An attached article was published about the discrepancy in the number of declarations contained in the annual reports and the number of declarations of the KDS system.
Discount on the Minimum Fee Tariff.!
25% discount may be applied to the minimum fee tariff for export operations of sectorial foreign trade firms, foreign trade capital companies, companies with authorized economic operator certificate, approved exporter authority and/or authorized obliged certificate.
Correction in closed declarations
Correction in closed declarations (Applications made in accordance with Customs Act 73/2 Article, article 121/4 of the customs regulation.- articles 161 / A of the customs procedures facilitation regulation )
About Annual Reports
In the article distributed by the General Directorate of Customs to the regional directorates, the annual activity reports submitted to the regional directorates are examined, the number of declarations registered in the reports and the number of declarations obtained as a result of the KDS query are missing and/or excess and our article about how to act in such cases is attached
