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Relevant Laws To Encourage Foreign Investment

2008/12/20 16:26:00 41936

      法律对象和范围

The first chapter - this Law applies to

foreign capital

Entering Turkey, and encouraging

foreign investment

The decision of the Committee and the approval of the Ministry of state

Foreign credit

The investment should be:

A) is beneficial to the economic development of the country.

B) is an open field for private enterprises in Turkey.

If the scope of foreign investment in Turkey includes the state monopoly, it can not occupy a major share in the entity.

The "encouragement" mentioned in this chapter and the eighth chapter is established.

foreign investment

The committee is hereinafter referred to as the "committee".

(*)

* according to law 4059th, the functions of the committee were pferred to the Treasury Department.

     

foreign capital

Principal

The second chapter -- in order to enforce the current law, "capital of foreign capital" means the total value determined and assessed by the following methods:

A) the following assets are designated for the effective establishment, expansion or regeneration of the business within the scope of the existing law and assets invested abroad:

1. Capital is foreign currency.

2. Machinery, equipment, tools and similar commodities, mechanical components and materials, and other commodities approved by the Committee.

3. Services and powers on intangible property, such as patents, licenses and trademarks.

4, according to the third chapter, some profits will be used for additional investments.

B) the value of foreign invested assets: whether the goods, services or patents of the approved enterprise, or other reasonable needs are decided by the experts appointed by the Committee.

The value of expert assessment may be re examined and approved by the Committee.

When approved, the original value is the local currency, and then converted to the government by the official exchange rate at the time of investment.

The condition is to retain the right of opposition in the eighth chapter, and the committee's decision on asset assessment is final.

     

profit

Turn into

capital

      第3章——根据委员会的决定,外国投资者的本金所产生的利润,根据现行的法律,可以部分或全部地加入外国资本的本金中,或重新投入符合第1章要求的另一个企业。

      利润和本金的转移

The fourth chapter, according to the terms of section C of this chapter, the following profits and principal funds can be pferred to foreign countries, which requires that currencies be converted into investment at the prevailing official exchange rate:

1, the net profit earned from the income earned from foreign capital after December 31, 1953 should be calculated according to the tax law.

2. Under the existing law, when a part of the established company is partially or completely cleaned up, a reasonable price should be made for the owner of the foreign capital.

3, sales revenue.

The price should be reasonable, and confirm whether all or part of the foreign capital of the business established or operated by the investment is in line with the existing laws and regulations.

4, according to their respective foreign loan agreements, when installments and interests are not paid or payable, and exceed the amount of credit applied, they shall be implemented in accordance with the provisions and provisions of the sixth chapter of this law.

C) if necessary, the Ministry of Finance and the committee may:

1. In order to determine the amount of money that can be pferred meets the requirements of the first paragraph in paragraph a of this chapter, the accounting books and tax returns for established enterprises are required according to the existing law.

2, conduct an investigation.

The purpose is to find out that equity, asset liquidation or credit are carried out in a truly friendly atmosphere.

D) the Ministry of finance will give consent to those who comply with the requirements for pfer of a in this chapter, apply for pfer profits, sell off revenue, repay loans and interest in installments.

      股权转移

The fifth chapter, a), as required, the Ministry of finance will sign the following guarantee: the registered share or equity certificate or the Turkey Company's provisional receipt represents the foreign capital capital defined in the second chapter.

      “向土耳其共和国中央银行,或该银行的海外授权部门,出示这个股份证明或临时收据,分配的股份可以被立刻转换……(原币种为外币)…..按转换时的比价兑换。股权证明的变卖收入,或企业清算得来的变卖收入的临时收据,可以转给合法拥有股权或临时收据的人(原国家的币种)……根据土耳其共和国第6224号法律第4章。”

      财政部长或他授权的政府官员

      b)有此担保的已登记的股权证或临时收据,可以在所有国家的人中间自由流通,可以在土耳其国内或国外。这些股权或临时收据卖给居住在土耳其的真实人或法人之前,必须送财政部注销担保——无论新的股权证明或临时收据是否是由预定继承人签发。

      信贷担保

      第6章——a)财政部可能根据国务部的决定,为与符合本法律第1章的资格要求的公司签署的贷款合同的本金和利息签署一个担保,最多10亿里拉,无需反担保或附属担保物。

B) this guarantee will be automatically cancelled with the repayment of principal and interest of the loan.

     

Employment of foreigners

      第7章——a)为有效建立、扩大或运营业务或重新投入运营,在委员会确认所需的一段时间内,根据第2007和2818号法律而来的本法律及其术语、条件和禁止条款而建立的企业,在调查、创立、扩展和运营阶段,不能申请外国人投资、外国人作为投资人的代理或代表、专家、监工和其他技术人员。

B) the above provisions also apply to foreign experts, supervisors and other technical personnel employed by domestic enterprises. The committee shall confirm that these industries meet the requirements of the first chapter of this law.

      c)符合本章术语和条款的外国雇员,可以将在雇佣合同中注明的,事先获得财政部批准的,为了供养家庭或积累正常合理的储蓄的这部分钱汇往国外,但必须按当时的兑换率兑换成所属国的货币。

      鼓励外国资本的承诺

      第8章——a)为了执行本法律条款,由以下人员组成的议长团已做了承诺:土耳其中央银行行长、内贸部长、工业部长、国务部研究和开发署署长、工商联合会秘书长和商品交易所。确实需要时,委员会会向其他部和机构代表咨询。问题提交到委员会后,委员会应在接到提案的最多15天之内作出决定。

The Minister of internal affairs will serve as the Secretary General of the committee, and when necessary, the Secretary General may convene a meeting of all members.

Subsidies to the chairman and members of the committee shall be decided by the Ministerial Committee.

      b)必须在通知各方以后的30天之内对委员会的决定提出上诉,可以直接向财政部、经济和商业部和国务部提出上诉,这些机构的决定是最终的(**)。

(*) according to the revised section of law 933rd, the power of appeal is attributable to the senior planning committee.

The ninth chapter - a) the Ministry of economy and commerce is responsible for the implementation of this law.

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