| |
| #
important notice |
|
Reasons
and Volume
Item
1: This Bulletin has been issued to establish the
forms and the principles applying to the passage between Turkish
ports and for the winter lay up of yachts wishing to enter,
leave or to lay up for winter within the Turkish Customs Zone. |
|
Foundations
Item 2: This Bulletin is based on items 10 and
103 of the Customs Act Nr. 4458, on item 25 of the Cabinet
Decision of 07 January 2000 number 2000/69, on item 591 of
the Customs Regulations and on the Act for Encouraging Tourism
Nr. 2634 and on the Regulations for Yacht Tourism. |
|
Definitons
Note #1
Item
3: Following expressions in this Bulletin are defined
as listed:
a) Yacht: Marine vehicle, utilized for cruising
and sports purposes, not intended to carry more than thirty
six yachspeople, not designed as a cargo or passenger vessel,
the registration certificate issued as private yacht or as
commercial yacht.
b) Turkish Ports Yacht Registration Document:
Document to include the declarations and official records
of foreign flagged yachts which occur at the port of entry
and at winter lay up and those of Turkish flagged yachts.
c) Private Yacht Registration Document: Document
entitling private Turkish flagged yachts to navigate in Turkish
waters, Turkish flagged yachts as defined by Item 40 of the
Yachting Regulations annexed to the Cabinet Decision Nr. 83/6708
of 08.06.1983.
In this Bulletin the expressions Yacht Registration Document
or The Document refer to Turkish Ports Yacht Registration
Document. |
|
Conditions
when the Yacht Registration Document cannot be applied Note
#2
Item
4: Even when considered within the scope of the yacht
definition, for sea vessels involved in cargo and passenger
transportation the Yacht Registration Document cannot be applied.
For these vessels the orders of the Customs Regulations concerning
the supervision of commercial vessels apply. |
|
The
Validity of the Turkish Ports Yacht Registration Document
Note #3
Item
5: The Validity of the Turkish Ports Yacht Registration
Document is one year. However, when a yacht is left for the
winter lay up this Document is valid for the duration of the
lay up.In the case that the owner of the yacht or the ship-owner
changes or when the yacht leaves the Turkish Customs Zone
or if the Turkish Ports Yacht Registration Document is lost
the document expires. Change of the yachtmaster does not call
for the expiration of this document. However, the change of
the Yachtmaster has to be recorded in the Yacht Registration
Document. |
|
Operations
related to foreign flagged yachts Note #4
Item
6: Operations for Foreign flagged yachts entering
the Turkish Customs Zone or leaving the same are documented
on the Turkish Ports Yacht Registration Document as follows.
a) The Document has to
be comleted and signed at the Turkish port of arrival by the
yachts master or by the ship-owner. Note
#5
b) The aforementioned declaration has to be
endorsed by the official institutions as itemized on the first
page of the Document an in the sequence as postulated in the
Yacht Registration Document. The name of the endorsing official
has to be mentioned explicitly.
c) The subject yachts entry and departure of
the Turkish Customs Zone is supervised by the officers of
the customs patrol, who record all actions on the Yacht Registration
Document.
d) As long as there is
no formally correct report that a particular yacht is carrying
illicit goods, no examination of goods and searching on the
yacht may be carried out. Should on a particular yacht, either
through declaration or during searching or examinations it
be established that goods are present which are illegal to
enter Turkey these goods have to be handed over to the control
of Customs and will not be handed back until the yacht leaves
the Turkish Customs Zone. NOTE #6
e) In case of a formally correct report that
yacht inventory is being entered into the Turkish Customs
Zone illegally the inventory of the subject yacht will be
evaluated in accordance to the list of inventory annexed to
the particular Yacht Registration Document.
f) Foreign flagged yachts
may employ Turkish seamen on basis of a labour agreement or
on basis of a power of attorney.Yachtmasters are not entitled
to utilize yachts for the purpose of cruising, sporting and
for pleasure navigation without the yacht owner being on board.
In cases where the master is advised by the owner in writing
or by fax to pick up or to disembark the yacht owner or his/her
family at a different port, a Permit of Passage has to be
obtained from the Harbour Master and the yacht can be utilized
by the master exclusively for passage back and forth. In cases
of violations the orders of the Coastal Navigation Act Nr.
815 will be applied.Furthermore, should one of the shareholders
of s foreign flagged yacht be Turkish no foreign domicile
is required for the yacht owner and his family. NOTE
#7
g) Should at any of the interim ports mentioned
on the Yacht Registration Document any party of the yacht
leave or embark the vessel, or should any change in personnel
or any change of the declared route occur, these changes will
have to be amended to te Document and these changes have to
be endorsed by the Harbour Master.
h) For yachts wishing to leave the Turkish Customs
Zone firstly all required entries are carried out on the Yacht
Registration Document. Following this, and in accordance to
the Certificate of Passageworthiness the procedures for departure
are completed by the customs patrol personnel. |
|
Operations
concerning Turkish flagged Private Yachts
Item
7: During passage within the Turkish Customs Zone
the Private Yacht Registration Document is utilized. In cases
where these yachts leave to a port outside the Turkish Customs
Zone or where these yachts reenter the Turkish Customs Zone
a Yacht Registration Document is issued and orders relating
to the followup of that document are applied. |
|
Leaving
of Foreign Flagged Yachts for Winter Layup or for any other
reason within the Turkish Customs Zone NOTE
#8
Item8:
For the purpose of winter lay up, maintenance and repairs
foreign flagged yachts can only be laid up at yacht harbours
or boatyards licenced to that effect by the Ministery of Tourism.
These yachts cannot be left at sites belonging to unlicenced
persons, organizations or foundations and to their responsible
representatives.When a foreign flagged yacht wishes to lay
up at a yacht harbour or at a boatyard the authorized operator
of the yacht harbour will inspect the inventory list appended
to the Yacht Registration Document and will take these yachts
into the responsibility of the yacht harbour management. A
report is issued to the Customs and Customs Patrol administration
stating that the subject yacht and its inventory has been
passed over to the responsibility of the management. |
|
The
storage of Spare Parts and other Gear of foreign flagged yachts
and procedures to be applied to cars of foreign yachtspeople
NOTE #9
Item 9: The importation of spare parts
for the maintenance and repair of foreign flagged yachts are
carried out in accordance to the Customs Act Nr. 4458 and
the orders concerning temporary import procedures of the Customs
Regulations. The maintenance and repairs are subject to the
supervision and control of the customs administration.
Spare parts and other gear of foreign flagged yachts can be
left in Turkey in accordance to the periods the subject yacht
can be left in Turkey as determined by Item 29 of the Tourism
Encouragement Act Number 2634.Concerning obsolete spare parts
as a result of maintenance and repairs:
a) In accordance to the wish of the yachtowner
and in accordance to Item 164 of the Customs Act Nr. 4458
can be handed over to the customs administration.
b) They can be moved out of the Turkish Customs
Zone accompanying the yachtowner.
Up to the final handing over to the liquidator, obsolete spare
parts as handed over to customs can be stored with the certified
yacht harbour or with the boatyard management, provided there
are no customs warehouses available.
Where spare parts and other gear is wished to be moved out
of the Turkish Customs Zone these items have to be entered
into the list of inventory or the book of inventory.In case
that persons entering Turkey overland wish to leave the country
by a yacht the land vehicles of these persons can be left
at premises under the control of customs. Those not leaving
the Turkish Customs Zone are not subject to this order. |
|
Penal
Orders
Item
10: Penalties in accordance to Item 241,
first paragraph of the Customs Act Nr. 4458 apply to the person
in charge of a yacht cruising with an expired Turkish Harbours
Yacht Registration Document.
Cruising in prohibited zones, unlicensed diving, transferring
from/to other yachts or vessels goods with incomplete customs
procedures will be handled according to the Act to Prevent
and Prosecute Smuggling, Nr. 1918. |
|
Further
Orders
Item
11: As the number of yachtspeople and of the crew
is declared by power of the Yacht Registration Certificate
no further crewlist or yachspeople list will be required at
the entry of the yacht.
The completed Turkish Ports Yacht Registration Document has
to be kept ready for inspection at all times on board of the
yacht. Should this document be lost, the loss has to be reported
to the nearest port or customs patrol administration and will
be renewed. The new document completed in accordance to the
procedures has to be presented for endorsement to the harbour
master. In case that the Yacht Registration Document is renewed,
the old document, if existing, is presented to the harbour
master and the customs patrol administration and the required
amendments will be noted on it.
For the renewal of the Turkish Ports Yacht Registration Document
the approval of the harbour master and the customs patrol
administration is sufficient.
For yachts entering the Turkish Customs Zone by any other
means than on own keel the procedures for the Yacht Registration
Docuent have to be started at the location where the yacht
will be launched for the first time.No further document than
the Yacht registration Document are required for the temporary
import and for the following of yachts entering the Turkish
Customs Zone on her own keel.Compressors on board will not
be sealed.The Yacht Registration Document cannot be duplicated
and utilized by fotocopying or other means of duplication. |
|
Validity
Item
12: This Bulletin gains validity at the date of publishing. |
|
Administration
Item
13: This Bulletin is administered jointly by the Ministery
of Tourism, and by the State Ministries harbouring the Undersecretary
of Customs and the Undersecretary of Maritime Affairs. |
|
Important
Notice: These annotations are inofficial, very preliminary,
and should be judged with caution and should be carefully
officially reconfirmed prior to use. back |
Note
#1 Article
3) On severaral occasions this Bulletin emphasizes the
declaration of the Yachtsman. This seems to be in allignement
with the general efforts to reduce the Turkish state machinery
and is in contrast to the prevailing chain of official "inspections"
on paper. back |
|
Note
#2
Article 4) Here it is emhasized that a yacht "even
if within the definion of a yacht" may not transport
"passengers". The previous Article 3a) however foresees
up to 36 "yachspeople" on a yacht. This Article
4) may be subject to interpretations. back
|
|
Note
#3
Article 5) provides that the Transitlog, called here "Türk
LimanlariYat Kayit Belgesi" carries a validity of one
year as of issueing. This period can be extended when "wintering"
in Turkey. Article 5) second paragraph states that change
of the master of a yacht is no reason for the expiration of
the Transitlog. The Transitlog seems not to expire any more
when wintering. back |
|
Note
#4
Article 6) is of major concern for foreing flagged yachts.
back |
|
Note
#5
Article 6a) states that the Transitlog is based on the
declaration of the master of the yacht as carried out at the
first Turkish port once the yacht has entered the "Turkish
Customs Territory". back |
|
Note
#6
Article 6d) states that no yacht may be searched unless
a "formally correct information" has been gained
that the yacht carries illicit goods. "once it has been
established that the mentioned yacht is carrying illicit goods
these goods will be passed over to the control of customs
and may only be returned to the yacht once leaving the Turkish
Customs Territory." back |
|
| Note
#7
Article 6f) states that a foreign flagged yacht may employ
Turkish seamen. An employment contract or a power of attorney
is required for the employment. Under 6f) it is established
that the (Turkish) crew may not use the yacht for their own
pleasure navigation….With the power of attorney this
employment seems to bypass the Turkish social security and
tax requirements, making it easy to employ a Turkish national
upon short notice and for short periods.
Again
Article 6f) states that a "fax instruction"
by the owner to the master is considered a valid document.
While in itself this may not be of general interest, it clearly
creates precedence for a fax as an officially credited document
by Turkish Customs.
Again,
under Article 6f) it is stated that once a yacht has
"Turkish (part) owner(s)" a foreign domicile for
the owners is not any more required. While clearly this article
is aimed to relieve Turkish owners of foreign flagged yachts
it also may create a precedence to relieve foreigners living
in Turkey and sailing a yacht here. back |
|
| Note
#8 Article
8) deals with the wintering of yachts. It foresees that
yachts may not only be left for wintering but also for "maintenance
and repairs". It is required that the bonding (see below)
institution is accredited by the Ministery of Tourism - be
it a marina or a boatyard. This declaration seems to disregard
the longlasting efforts of the Ministery of Tourism and of
of the Subsecretary of Marine Affairs to redirect boatyards
to the Subsecretary. This may cause conflicts.
Further,
Article 8) states that the marina/ boatyard declares
the bonding of the yacht and the inventory. Customs and Customs
Patrol are only "informed" by the bonding institution.
This is a fundamental change. back |
|
| Note
#9
Article 9): "Repairs and maintenance are subject
to the observation and inspection of customs."….
Article
9) states that old spare parts may be reexported by the
yacht's master (but not by a third party …it seems) or
may be left to customs. If customs experiences technical difficulties
in taking charge of the scraps then the "bonding institution"
is now priviledged to that pleasure….This may relieve
some problems experienced so far.
Article
9) seems to bring relief for yachspeople with cars."If
travelling out of the country with the yacht the car may be
left at those places under the inspection of customs."
These could be the bonding institutions very well, we hope.
No mention about the period a car may stay in Turkey. Clearly
this Article was aimed to reduce some relief, but fell short
of the second major problem.
back |
|
