In foreign trade related to the foreign trade data system

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Communique no. (2010/41)

Purpose and scope

Article 1 - (1) The purpose of this Communique is to establish the procedures and principles for the identification of firms electronically and the authorisation of users who are supposed to process them on behalf of the firms in order to ensure that the permits and compliance transactions carried out in accordance with the Technical Regulations and Standardization Legislation are carried out through the Foreign Trade Data System.

Fulcrum

Article 2 - (1) This Communique was prepared on the basis of subparagraph (f) of Article 4 of the Resolution of the Council of Ministers dated 7/9/2005 and numbered 2005/9454, published in the Official Gazette dated 13/10/2005 and numbered 25965.

Definitions and abbreviations

Article 3 - (1) referred to in this Communique;

a) DTVS: Implementing the web-based Foreign Trade Data System, created in order to carry out permit and compliance transactions in accordance with the Technical Regulations and Standardization legislation in Foreign Trade electronically and risk-based,

b) Electronic Signature: Electronic data that is added to another electronic data as defined in the law or has a logical connection to electronic data and is used for authentication purposes,

c) ESHS: Electronic Certificate Service Providers, who are real or private legal entities, with public institutions and organizations providing services related to electronic certificates, timestamps and electronic signatures, who have made their notification to the Information Technology and Communication Agency under the law,

ç) Firm: With the provisions of the Regulation on Technical Regulations and Standardization in Foreign Trade regarding Compulsory Standard Inspection in Exports (2009/33), (2010/2), (2010/8), (2010/10), (2010/11), (2010/14), (2010/15) and (2010/16), all real and legal persons, including public institutions, who apply for permission and compliance with the Undersecretariat for the procedure of Standardization in Foreign Trade,

d) Group Presidents: Undersecretariat Regional Directorates of Foreign Trade Standardization Supervisors Group Presidents,

e) Public institution users: Persons or persons who take part in the permit and eligibility transactions of firms under DTVS and act on behalf of public institutions, except for Undersecretary personnel;

f) Law: Electronic Signature Act No. 5070, which was published in the Official Gazette dated 23/1/2004 and numbered 25355, and all legislation regulations enacted pursuant to this Act,

g) User: Persons or persons authorized to process on behalf of firms through DTVS,

ğ) Mobile Electronic Signature: A secure electronic signature certificate created using the SIM Card issued by GSM Operators who have a contract with the Undersecretariat regarding the use of mobile electronic signatures,

h) Undersecretariat: Prime Minister's Undersecretariat of Foreign Trade,

I) Undersecretariat's website: Undersecretariat's service over the Internet www.dtm.gov.tr The web page entered at the address,

i) Qualified Electronic Certificate: The electronic certificate with the qualifications listed in Article 9 of the Act,

It means.

Qualified electronic certificate or mobile electronic signature provision

Article 4 – (1) Users must have a Qualified Electronic Certificate or Mobile Electronic Signature from ESHS.

(2) For other purposes, it may be used for the Qualified Electronic Certificate or Mobile Electronic Signature DTVS application, which has been previously provided and has not expired or expired.

Identification of firms

ARTICLE 5 – (1) Firms enter the requested information on the screen opened in the "Company Identification" application in the section "DTM E-Signing Applications" on the Undersecretary's web page online.

(2) The description of the firm is made by persons in the signature circuses of the firm who are authorized to represent and designate the firm, or those whom it assigns within the framework of the pledge arranged by the notary channel.

Authorisation of users

ARTICLE 6 – (1) People who wish to process through DTVS on behalf of companies that have been identified as companies are authorized as users. In this context, the individuals in question apply by using the Qualified Electronic Certificate or Mobile Electronic Signature they have, with the application of the "Authorisation Application" in the "DTM E-Signing Applications" section on the Undersecretariat's web page online.

(2) In the first authorization application for a firm online; the documents listed below are forwarded to one of the Group Presidents in the petition attachment. The application may be made for authorization of one or more persons. The pledge, which is included among the documents in question, is organized to be separate for each person applying. The period in which the commitment will be valid is determined by the firm and specified on the commitment.

a) Signature Circuses: The original or notarized version of signature circuses arranged for persons/persons authorized to represent and annex the firm in the main contract,

b) Trade Registry Gazette: The original or notary of the Turkish Trade Registry Gazette, or certified sample from the Trade Registry Offices with Chambers of Commerce and/or Industry (shows the latest status with the establishment and, if any, the main contract changes),

c) Commitment: The original of the pledge to be held separately for each person in the notary in accordance with the example in the section "DTM E-Signing Practices" on the Undersecretary's web page by signing the firm by the authorized persons.

(3) A subsequent authorization application may be made for other persons for the same firm. In this case, as long as they are valid, the Signing Circus and the Trade Registry Gazette do not need to be submitted again.

(4) Upon application for authorization, after checking whether the documents submitted by the firm are in accordance with the procedure, the approval process is initiated by the Group Presidents through DTVS. Applications containing documents that are not properly prepared will not be processed.

(5) In the event that the documents submitted to the Group Presidents are incomplete or not properly prepared, or that the information entered online is not in accordance with the documents in question, the incomplete and/or improper documents are completed by the firm and/or necessary changes are made to the information regarding the company identification.

(6) Group Presidents have the right to request changes and updates to the information and documents relating to company identification in accordance with the documents submitted in the petition attachment and/or within the framework of the relevant legislation provisions, to request additional information and documents, or to reject the firm's application for identification. Requests for such changes and updates are notified to the firm by e-mail.

(7) The Information Processing Center of the Directorate General for Economic Research and Evaluation informs the e-mail address where the applicant declares the result of the approved authorization request in the application for "Authorisation". The Undersecretariat is not responsible for notices that have not reached the application result.

(8) Users are not required to apply for reauthorisation in the event that they renew their certificate that has expired or provide another Qualified Electronic Certificate or Mobile Electronic Signature.

Extension of authorization period

Article 7 – (1) Users' powers are limited to the period specified in the commitment. Users who have expired must re-apply to the relevant Group Presidency with a commitment to extend the period. The commitment in question shall be issued separately for each person applying for extension of time.

(2) During the extension of the authorization period, the Signature Circus and Trade Registry Gazette, previously submitted by the firm, shall not be requested again. However, the re-subscription of the documents is mandatory if the documents in question expire, there is a change in the documents, or if the information on the documents becomes different with the commitment.

(3) In the event that users who have committed on behalf of companies that have been bankrupt or continue the bankruptcy process are unable to obtain the commitment required for the extension of the authorization period or for the authorization of a new person through a notary channel, the pledge issued by the Bankruptcy Directorates shall be duly accepted on the basis of the decision of the bankruptcy administration.

Abort of authority

Article 8 – (1) The authority of the users shall be revoked if the firm applies in writing to the respective Group President. At the time of application, the firm is sought for acquiescence arranged by representative and regulatory authorities through the notary channel and in accordance with the example in the "DTM E-Signing Practices" section on the Undersecretary's web page.

(2) In the event that the person in charge ceases to exercise his authority, the documents that are found to have been sent to the firm by notary channel or returnee must be submitted to the relevant Group President.

(3) All user powers of the company whose company designation has been cancelled or whose tax number has changed for DTVS will be revoked by the Undersecretariat.

Suspension of authority

Article 9 – (1) The authority of users who process on behalf of the firm to use DTVS can be temporarily suspended by calling the telephone numbers in the section of the company's Undersecretary's web page "DTM E-Signing Applications".

(2) In order to revoke the suspended use authority, within 7 (seven) business days, the relevant Group President shall be consulted with the abdication in accordance with the example in the section "DTM E-Signing Practices" on the Undersecretary's web page. Otherwise, the suspension of authority will be removed and the person's DTVS usage authority will be reopened.

Update operations

Article 10 – (1) Changing, updating, or deprecating company information is done through the practice of "Company Identification". These transactions are carried out by signing with a Qualified Electronic Certificate or Mobile Electronic Signature.

(2) Changes made outside the tax number and/or company title also do not require document submission.

(3) In the event of a change in the company title, the authority of the company users shall be suspended. In accordance with the second paragraph of Article 6 of the amendment in question, the approval process is initiated through DTVS for the re-use of suspended user powers after the documents sought are submitted by the firm to the relevant Group Chair in the petition attachment in accordance with the procedure.

(4) In the event of a tax number change, the documents deposited by the firm in this situation are submitted to the respective Group President. The approval process is initiated by the Group Presidency for the reduction of the company identification with the previous tax number and the cancellation of the user powers of this firm. The relevant articles of this Communique require the identification of the firm with the new tax number, as well as the application for reauthorisation for users. In the event that the firm with the previous tax number continues to operate after the tax number change, the definition of the firm shall not be deducted and user powers shall not be revoked, provided that the other provisions of the Communique are reserved.

(5) In the event that the firm ceases to operate, the documents that have imposed this situation by the firm shall be submitted to the relevant Group President. Within this framework, the approval process is initiated by the Group Presidency for the reduction of the firm from registration and the cancellation of the user powers of this firm.

(6) Changes to the information and documents regarding the users by the company description shall be notified by the firm within 5 (five) business days at the latest under the provisions of this Communique. In the event that the notice is not made and these changes are learned by the Undersecretariat, the company's transactions and user powers under DTVS will be suspended, provided other legislation provisions remain reserved.

Applications to group heads

Article 11 – (1) The company designation for a firm, the extension of the authorization period, and the changes and updates to the cancellation of the authority are carried out by the same Group President. Within this scope, all written applications for such transactions shall be made to the Group President, who is first applied for authorization of the users.

Authority

Article 12 - (1) The Undersecretariat is authorized to take measures and make arrangements for implementation in the matters contained in this Communique, to examine and conclude special and compulsory situations, to resolve disputes that will arise in practice by administrative means, and to determine the procedures and principles of implementation to address problems that may occur in practice due to technical level setbacks related to DTVS.

(2) Following the introduction of DTVS, the Undersecretariat is not responsible for the disruptions in electronic communications for reasons not caused by the Undersecretariat.

(3) In the event it is found that the verb driver's license of a qualified Electronic Certificate or Mobile Electronic Signature holder is limited, loses the legal persona of the company in which he or she is acting on behalf of his or her or her death, the authority of that person or persons authorized by the firms shall be revoked by the Undersecretariat.

(4) The procedures and principles regarding the authorization of public institution users are also determined by the Undersecretariat within the framework of the protocols to be made by the relevant institutions.

Effectiveness

Article 13 - (1) This Communique takes effect on the date of its publication.

Executive

Article 14 - (1) The Minister to whom the Undersecretariat of Foreign Trade is bound shall carry out the provisions of this Communique.