Proceedings of the 13th Meeting of
The COMCEC Trade Working Group
16
He started his presentation by giving information regarding the international cooperation
framework. He stated that within the context of international framework, the most popular
topic on publication is the World Trade Organization (WTO) Trade Facilitation Agreement
(TFA). WTO TFA extends what GATT X established on transparency and publication of foreign
trade procedures. He continued that first six articles regulate several areas including
publication of information regarding import, export and transit procedures, rules related to
advance rulings and so forth. While these articles cover domestic transparency that customs
administrations must provide, Articles 1.4, 10.4.3, 10.6.2 and 12.2.2 include provisions
regarding information Member States must share with the WTO Secretariat.
Mr. Gürkan highlighted that World Customs Organization (WCO) and United Nations
Conference for Trade and Development (UNCTAD) also deal with transparency issues. WCO’s
Revised Kyoto Convention contains transparency provisions in Specific Annexes such as
Chapter 1, Chapter 3, Chapter 6, Chapter 7 and Chapter 9 dealing with general publication
issues on customs procedures. UNCTAD Trade Facilitation Technical Notes are also widely
known tools for transparency.
Moreover, he emphasized that publication of precise and fast information is a priority for
Turkish Customs Administration (TCA). On the publication of customs regulations, all laws,
regulations and communiques are published in the Official Gazette of the Republic of Turkey.
He mentioned that since 2019, the Official Gazette have been fully transferred to electronic
environment. In addition, all of customs regulations and other changes in customs procedures
are published in relevant government agencies’ websites. Besides, he added, TCA initiated a
project called Customs e-Information Sheets that consists general information on customs
procedures and on frequently asked questions. Currently, 28 Sheets are available and some of
them are published both in Turkish and English. Another tool that TCA established is Tariff
Research Programme (TARA), which allows the research for tariff classification and levied
duties on specific products.
Mr. Gürkan continued his presentation with highlighting that regarding opportunity to
comment and consultation, in Turkey, within the context of Regulation on Rules and
Procedures of Preparation of Legislation, all public bodies must consult with other government
agencies on the legislation in question. This is a mandatory stage, he stated, to be completed
for legislation. Relevant regulation also advises public bodies on consulting with trade
community, universities and local governments but this consultation is optional.
Besides, Mr. Gürkan gave some information about the advance rulings, and stated that Turkish
Customs Code Article 9 regulates the area. According to Article, customs administrations shall
issue advance rulings on tariff classification and rules of origin on written application made by
trade community. Advance rulings on tariff classification are valid for 6 years, while advance
rulings on rules of origin are valid for 3 years. TCA has established an electronic system2 for
easy application of advance ruling on tariff classification.
2 Advance Ruling e-Application System,