Communiqué No. 2003/12
Official Gazette No. 25304
Date of Official Gazette: 2 December 2003
From the Undersecretariat of Foreign Trade
(Communiqué No. 2003/12)
Article 1- The export of dual-use and sensitive goods capable of utilization for both civilian and military purposes, and which are subject to control in accordance with the international arrangements and regimes which our country is a party to and which have been introduced in order to control the export of materials and technologies that can be used in the development of mass destruction weapons is regulated in accordance with the following procedures and principles pursuant to Article 3 of Export Regime Resolution published in Official Gazette No. 22515 dated 06 January 1996.
Article 2- The export of materials and technologies included in the Wassenaar Arrangement list for Dual-use Goods and Technologies and in the Australian Group Chemical Precursors List shall be subject to the authorization of the Undersecretariat of Foreign Trade (General Directorate of Exports). The applications for this purpose shall be made to the General Secretariat of Istanbul Mineral and Metal Exporters Association, submitting the documents containing explanations on the technical characteristics and fields of application of the material to be exported and the "End Use Certificate” (APPENDIIX A) to be obtained from the importing firm concerned.
Article 3- After the applications are subjected to a preliminary examination by the General Secretariat of Istanbul Mineral and Metal Exporters Association, they shall be forwarded to the Undersecretariat of Foreign Trade / General Directorate of Exports) for final evaluation.
The results of the final evaluation carried out on said applications by the Undersecretariat of Foreign Trade (General Directorate of Exports), by obtaining also the opinions and remarks of relevant institutions and organizations, shall then be forwarded to the General Secretariat of İstanbul Mineral and Metal Exporters Association for finalization of the applications.
Article 4- The time allowed for submission of Customs Declarations related to the authorized export applications to relevant Customs Administrations, together with relevant documents, shall be go (ninety) days from the date export authorization, without granting any extension.
Article 5- The exporting firm shall be obliged to furnish a copy of relevant Customs Declaration to the General Secretariat of Istanbul Mineral and Metal Exporters Association, within 15 (fifteen) days following the realization of export.
Article 6- The export of those dual-use materials and technologies which, although not included in the Wassernaar Arrangement List for Dual-use Goods and Technologies and in the Australian Group Chemical Precursors List, are suspected to be used in the development of mass destruction weapons shall also be subject to the authorization of the Undersecretariat of Foreign Trade (General Directorate of Exports) in the following cases:
a) If the material or technology involved is to be exported to an end user suspected to be engaged in the development of mass destruction weapons
b) If a statement is made by the exporting firm about its suspicion that the whole or a part of the material subject to exportation might be used in the development of mass destruction weapons, and
c) If the export of such material or technology might endanger the national or international security or cause a violation of human rights.
Article 7- The provisions of this Communiqué shall not apply to the materials involved in transit trade and stored in the free zones.
Article 8- The Undersecretariat of Foreign Trade (General Directorate of Exports) shall be authorized to take any and all measures, directed toward implementation of matters included in this Communiqué by obtaining also the opinions and remarks of relevant institutions and organizations.
Article 9- The commodity shown under item No. 18 in the List of Goods Whose Export is Subject to Pre-authorization, attached to the Amended Communiqué No. Exportation 96/31 Concerning the Goods Whose Export is Banned or Subject to Pre-authorization, as published in Official Gazette No. 24091 dated 26 June 2000
Article 10- This Communiqué shall enter into force on the date of its publication.
Article 11- The provisions of this Communiqué shall be enforced by the Minister to whom the Undersecretariat of Foreign Trade reports.
