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National and Global Islamic Financial Architecture:

Prolems and Possible Solutions for the OIC Member Countries

153

4.11.6. Consumer Protection Architecture

Consumer Protection and Financial Literacy

In responding to the harmonization requirements of the EU accession process, and also in

taking account the new Turkish Law of Obligations and Turkish Trade Law, a new Consumer

Protection Act (No. 6502) was issued on 28/11/2013, which became effective from

28/05/2014.

The new Consumer Protection Act has implications, among others, for Consumer Credit

Agreements and Credit Cards and Long-distance Finance Transactions in the sense of

distribution of financial service by means of distance communications. Financial services

include banking transactions, loans, insurances, private pension plans, money investments or

payment services (BRSA, 2014 November; Lachman

et al

., 2014). These amendments also have

implications for Islamic banks at least in terms of consumer loans and financial leasing.

‘Financial Access, Financial Education, Financial Consumer Protection Strategy and Action

Plans’, which was prepared by Financial Stability Committee, was issued as Prime Ministry

Circular No. 2014/10 on 05/06/2014. The primary objective of the Strategy are to extend

financial products and services to all segments of the society, include outsiders of the financial

system and increase the quality and use of existing products and services by increasing

knowledge and awareness. Furthermore, the Strategy aims to ensure that efficient measures

are taken by the regulatory bodies for the protection of financial consumers. It contains two

action plans for financial education and financial consumer protection with fifty-five concrete

actions in total covering 2014-2017. The ‘Financial Education Action Plan’ will be monitored

and coordinated by the CMB, and the ‘Financial Consumer Protection Action Plan’ will be

monitored and coordinated by the BRSA. The Undersecretariat of Treasury will be responsible

for overall coordination of the strategy and monitoring the implementation.

In realising the action plans, the action plan is proactively implemented by responsible and

coordinator agencies. As part of such actions, mandatory personal finance lessons for students

are introduced in pilot areas with the objective of increasing financial literacy, and educational

programmes and research has been conducted by CMB. It has recently been announced by the

government that CMB will host an interactive website to contribute to financial education and

financial literacy (Akyil, 2016, May 8). Islamic banking and finance is also included in such

strategies and action plans.

Private sector initiatives have also been taken by various stakeholders, such as ‘3Kumbara

(PennyBank)’, whose “Literacy Education Program incorporates activity-based methods that

support the development of active learning, based on social constructivism” (3Kumbara, n.d.).

Deposit Insurance

The Turkish banking system has always had deposit insurance since early 1930s. SDIF

(Savings Deposit Insurance Fund) was established in 1983 (with the Decree of Law on Banks

No. 70) with the objective of insuring the savings deposits in the banks. The duty of

administration and representation of the SDIF were transferred to the Banking Regulation and

Supervision Agency by the Law No. 4389 in 1999. After a number of administrative and legal

changes, with the amended acts, SDIF gained an autonomous status by the Law No.5020 in