Approved Person Status Certificate / OKSB

BLC Customs Consultancy, which serves as a customs consultancy company in Izmir, in addition to customs consultancy, import and export services, also provides consultancy services on obtaining the OKSB certificate, which provides great convenience to our companies, especially in foreign trade processes.

With our professional team of experts, we first examine your company. We conduct research on whether your company meets the criteria required to obtain an Approved Person Status Certificate. If it is appropriate, we, as BLC Customs Consultancy, manage the entire subsequent process on your behalf by making the necessary applications to the state authorities to obtain an OKSB certificate.

As can be understood from the detailed information below about the Approved Person Status Certificate (OKSB), serious work, process and time management and most importantly professionalism are required for your company to obtain this document.

Let us do all your bureaucratic process management and consultancy from your company analysis until you receive the Approved Person Status Certificate, and let YOU SAVE YOUR TIME, one of your most valuable resources…

What is a Notified Person Status Certificate?

OKSB is a special document and right granted to persons who have proven their reliability in customs procedures, who have a certain foreign trade volume or fixed capital investment, whose financial competence has been certified, whose records are traceable, and who allow certain facilities to be granted in customs and foreign trade activities. OCD is categorized into three classes, A, B and C.

Who can obtain a Notified Person Status Certificate?

• Public Institutions and Organizations
• Foreign Trade Capital Companies
• Group exporters exporting on behalf of group manufacturers affiliated to the same group of companies, Group importers importing on behalf of group manufacturers affiliated to the same group of companies,
• Manufacturers
• R&D Centers
• Commercial air transportation companies carrying out maintenance and repair activities,
• Non-manufacturers who export and/or import on their own behalf.

 What are the General Practices Available to Status Certificate Holders? a) Regime declaration by registration*

1. Blue line application
2. Declaration with missing documents and information
3. Issuing an ATR circulation document
4. Benefiting from the common simplified procedure with full declaration regardless of the nature of the goods
5. Lump sum guarantee system
6. Partial guarantee system *Not yet implemented.

What are the General Conditions to Obtain a Notified Person Status Certificate?

Reliability Criteria

• Members of the board of directors, shareholders and persons authorized in customs and foreign trade transactions must not have committed the crimes listed in Article 23/a of the Customs Regulation,
• No finalized tax debt in accordance with tax legislation
• No finalized insurance premium debt in accordance with the relevant legislation
• No finalized customs duty and customs penalty debt in accordance with customs legislation
• No finalized customs penalty has been applied at the rates in Articles 23/b and 23/c of the Customs Regulation, which causes tax loss
• No finalized irregularity penalty has been imposed at the rates specified in Article 23/ç of the Customs Regulation due to acting contrary to the customs legislation. Financial Adequacy and Traceability of Records
• As a result of the examination of the financial structure and record keeping system over the last two years’ records, the financial adequacy and traceability of the records have been approved by a Certified Public Accountant Other Considerations
• For exporters, its performance and reliability must be approved by the Turkish Exporters Assembly or exporters’ associations,
• For Class A and B notified person status, being a manufacturer except for foreign trade capital companies, group exporters, group importers, persons holding R&D center certificate and commercial air transportation companies carrying out maintenance and repair activities,

What are the Special Conditions to Obtain a Notified Person Status Certificate?

Class A  

Within any period of two twelve-month periods separately within two years retrospectively from the first day of the month on the date of the contract with the Authorized Customs Broker;

Foreign Trade Performance:

-Minimum 25 million fob/usd exports

-Minimum import and export total of 100 million fob/usd

Employment Condition:

-Employing at least 250 workers within one month retrospective to the date of the contract,

Class B  

Within any period of two twelve-month periods separately within two years retrospectively from the first day of the month on the date of the contract with the Authorized Customs Broker;

Foreign Trade Performance:

-Minimum 5 million fob/usd exports

-Minimum import and export total of 20 million fob/usd

Employment Condition:

-Employing at least 100 workers within one month retrospective to the date of the contract,

Class C  

Within any period of two twelve-month periods separately within two years retrospectively from the first day of the month on the date of the contract with the Authorized Customs Broker;

Foreign Trade Performance and or Fixed Capital Investment:

-Minimum 1 million fob/usd exports

-Minimum import and export total of 6 million fob/usd

For Class C notified person status, a minimum fixed capital investment of fifteen million US dollars within two years retrospectively from the first day of the month of application instead of foreign trade performance.

Employment Condition:

-Employing at least 15 workers within one month retrospective to the date of the contract,  How Does the Application Process Work to Obtain a Notified Person Status Certificate?

Preliminary Review

– A determination agreement is made between the applicant and the authorized customs broker (YGM).

• The application file containing all documents required for the examination is submitted to the DGMM.
• File content documents are reviewed by DGMM within 30 days and concluded with a report.

Evaluation

• The person on whose behalf a positive opinion is issued by the DGMM applies to the authorized regional directorate within 5 business days.
• The authorized regional directorate examines the foreign trade performance and customs penalty and debt status of the applicant and determines within 10 working days whether the applicant is entitled to receive a certificate.
• If a lump sum guarantee authorization is requested within the scope of the document, the amount of the letter of guarantee to be brought is notified to the applicant within 10 working days. If the applicant brings the letter of guarantee within 30 days following the notification, the authorized regional directorate completes the evaluation of the application for the approved person status certificate and lump sum guarantee within 10 working days following the submission of the letter of guarantee.
• If deemed appropriate, it will issue the approved person status certificate on behalf of the applicant within 5 working days.

What are the documents that must be submitted to the Authorized Customs Broker in order to obtain the Approved Person Status Certificate?

1. Non-conditional documents (documents that must be attached for all applications)

1- OK1 Detection Request Form

2-Trade Registry Registration Information Form

• Criminal Record Documents (Criminal record documents obtained through the E-

Government system are also acceptable) or for foreign nationals permanently residing abroad, the originals of the letter of undertaking signed by the relevant person or the chairman of the board of directors that they have not been convicted of the offenses specified in subparagraph (a) of the first paragraph of Article 23 of the Customs Regulation, in accordance with the sample in Annex–3

• “E-No Debt Certificate Related to Works Not Subject to Tender” or “No Debt Letter” obtained from the relevant units of the Social Security Institution showing that the company has no finalized Social Security Premium Debt
• Letter indicating that the Company has no finalized tax debt in accordance with the Tax Legislation
• Original or copy of the current signature circular

1. Conditional documents

These are the documents that must be included in the application file in addition to the documents listed above, depending on the nature of the applicant and the type of application.

1. If the status of the applicant is Foreign Trade Capital Company;
2. A certified public accountant’s report on the financial structure must be included in the file.

1. If the status of the applicant is a group exporter;

The application file of these persons should include some additional documents on their own behalf and on behalf of the group manufacturers on whose behalf they export.

1. Documents issued in own name:
2. i) Performance and Reliability Form ii) Certified public accountant report on financial structure
3. Documents issued on behalf of group manufacturers (must be issued separately for each group manufacturer)
4. i) Trade Registry Registration Information Form ii) Performance and Reliability Forms iii) “E-No Debt Certificate Regarding Works Not Subject to Tender” or “No Debt Letter” obtained from the relevant units of the Social Security Institution showing that there is no finalized social security premium debt
5. Letter indicating that there is no finalized tax debt in accordance with tax legislation
6. Document showing that it is a manufacturer (capacity report, industrial registry certificate or expertise report)
7. Document showing the number of insured employees

However, if there are already approved person status certificate holders among the group manufacturers that the group exporter exports on behalf of the group exporter, it is sufficient that only the following documents are added separately for each of the status certificate holders; i) Trade Registry Registration Information Form ii) Performance and Reliability Forms

iii) Document showing the number of insured employees iv) Examples of certificates of status

1. If the status of the applicant is group importer;

The application dossier of these persons should include some additional documents on their own behalf and on behalf of the group manufacturers on whose behalf they import.

1. Documents issued in own name:
2. i) Certified public accountant report on financial structure ii) A report prepared by a certified public accountant showing that at least sixty percent of the imports realized by the group importer are the imports of goods used in the production of group manufacturers.
3. Documents issued on behalf of group manufacturers (must be issued separately for each group manufacturer)
4. i) Trade Registry Registration Information Form ii) “E-No Debt Certificate Regarding Works Not Subject to Tender” or “No Debt Letter” obtained from the relevant units of the social security institution showing that there is no finalized social security premium debt

iii) Letter indicating that there is no finalized tax debt in accordance with the tax legislation iv) Document showing that it is a manufacturer (capacity report, industrial registry certificate or expertise report)

1. v) Document showing the number of insured employees

However, if there are already approved person status certificate holders among the group manufacturers that the group importer imports on behalf of the group importer, it is sufficient that only the following documents are added separately for each of the status certificate holders;

1. i) Trade Registry Registration Information Form ii) Document showing the number of insured employees ii) Samples of certificates of status

1. If the applicant’s status is other than those listed above (if the “other” option is selected in the OK1 Determination Request Form’s 1st line No. 1) and if the applicant is applying for a Class A or Class B Approved Person Status Certificate.

In the application files of these persons, the following documents issued in their name must also be attached.

1. i) Performance and Reliability Form (if the person exports directly, through an intermediary/group exporter or foreign trade capital company, this document must be in the application file, otherwise this document is not required). ii) Document showing that it is a manufacturer, R&D center or a commercial air transport company carrying out maintenance and repair activities iii) Certified public accountant report on financial structure iv) document showing the number of insured employees

If the person exports through a group exporter, the following documents issued on behalf of the group exporter must also be included in the application file. i) Trade Registry Registration Information Form ii) Performance and Reliability Form iv) “E-No Debt Certificate for Works Not Subject to Tender” showing that there is no finalized social security premium debt or “No Debt Letter” obtained from the relevant units of the social security institution  

1. v) Letter indicating that there is no finalized tax debt in accordance with the Tax Legislation However, if the group exporter in question already holds a notified person status certificate, the application file must contain the following documents issued on behalf of the group exporter i) Trade Registry Registration Information Form issued on behalf of the group exporter ii) Performance and Reliability Form issued on behalf of the group exporter iii) A copy of the notified person status certificate

1. If the status of the applicant is other than those listed above (if the “other” option is selected in the 1st No. of the OK1 Determination Request Form) and if the application is being made for a Class C notified person status certificate (except in cases where the third subparagraph of the third subparagraph (a) of the third paragraph of the third paragraph of Article 24 of the Customs Regulation is applied).

In the application files of these persons, the following documents issued in their name must also be attached.

1. i) Performance and Reliability Form ii) Certified public accountant report on financial structure iii) Document showing the number of insured employees

If the person exports through a group exporter, the following documents issued on behalf of the group exporter must also be included in the application file. i) Trade Registry Registration Information Form ii) Performance and Reliability Form iii) “E-No Debt Certificate Regarding Works Not Subject to Tender” or “No Debt Letter” obtained from the relevant units of the Social Security Institution showing that there is no finalized social security premium debt

1. iv) Letter indicating that there is no finalized tax debt in accordance with tax legislation However, if the group exporter in question already holds a notified person status certificate, the application file must contain the following documents issued on behalf of the group exporter i) Trade Registry Registration Information Form ii) Performance and Reliability Form issued on behalf of the group exporter iii) A copy of the notified person status certificate

1. If the status of the applicant is other than those listed above (if the “other” option is selected in the 1st No. of the OK1 Determination Request Form) and if the application is made for a Class C notified person status certificate (in cases where the third subparagraph of the third subparagraph (a) of the third paragraph of the third paragraph of Article 24 of the Customs Regulation is applied).

The following documents must also be included in the application files of such persons i) Document showing the number of insured employees ii) A document certified by a certified public accountant showing that a minimum fixed investment of fifteen million US dollars has been made

What are the documents that must be submitted to the Regional Directorate in order to have an Approved Person Status Certificate?

For applications to be made by persons other than public institutions, the following documents are submitted to the customs administration.

• Application form
• Original of the positive determination report issued for OK1 determination

Upon request

1-If approved exporter authorization is requested, the determination form and letter of undertaking for approved exporter authorization in Annex-10,

2-If the right to benefit from the lump sum guarantee application is requested, the lump sum guarantee application form in Annex-11.

Customs General Communiqué on Approved Person Status (Sequence No: 1) http://www.resmigazete.gov.tr/eskiler/2011/12/20111230M3–24.htm

Approved Exporter AuthorizationScope of approved exporter authorization and granting approved exporter authorization to the status certificate holder

MATTER 54 – (1) Approved exporter authorization, as an exception to the general provisions of the Decision, A.TR circulation document by the person and organization authorized by the Ministry to be approved and visa process refers to the issuance without the obligation to be submitted to the customs authorities.

• Within the calendar year preceding the application year or within one year retrospective from the first day of the month in which the application is registered, at least one hundred A.TR circulation documents for Class A and Class B and at least fifty A.TR circulation documents for Class C have been issued and visa procedures have been completed and the status certificate holders who have used the said A.TR circulation documents, if they request, within the validity period of their status certificates, approved exporter authorization is granted.
• The holders of status certificates granted with the authority of notified exporter shall be given a notified exporter authorization number as set out in Annex-16/A.

Form, printing and distribution of A.TR circulation documents to be issued in simplified procedure

MATTER 55 – (1) A.TR circulation documents to be issued within the scope of the simplified process in accordance with the form and quality determined in the Decision and each document is printed in triplicate by giving a separate serial number.

• In the customs visa section numbered (12) of the A.TR circulation documents within the scope of the simplified procedure, the approved exporter seal in accordance with the sample in Annex II of the Decision must be pre-printed.
• In the delivery of A.TR circulation documents to be issued under the simplified procedure, it is checked whether the exporter has the authority of the approved exporter within the scope of the approved person status certificate.

Filling and use of A.TR movement documents to be issued under simplified procedure MATTER 56 – (1) A.TR circulation documents to be issued within the scope of the simplified process, Decision 7, 20 and 22 nci articles must be filled in accordance with.

(2) A.TR circulation documents to be issued within the scope of the simplified process, without being certified, approved exporter is visa by the status certificate holder who has the authority. (3) The visa process, including the approved exporter authorization number and in accordance with the format in Annex-16 / B, the stamp to be made by the approved exporter in accordance with the format in Annex-16 / B, the A.TR circulation document to be issued within the scope of the simplified process (12) of the exporter seal in the customs visa section numbered (2) is carried out by printing on the numbered section.

• One of the other two copies of the A.TR circulation document to be issued within the scope of the simplified process, except for the original copy, in accordance with Article 8 of the Decree, is attached to the export declaration.
• TR circulation documents to be issued within the scope of the simplified procedure in terms of the formal requirements and the information contained in whether it is duly issued in terms of the information contained therein is directly responsible for the persons who have the authority of the approved exporter.

Subsequent issuance of A.TR movement documents to be issued under simplified procedure

MATTER 57 – (1) Approved exporters authorized persons, Decision 12 to 16 Articles and 22 Article of the Decree, within the framework of Article 22, A.TR circulation certificate can also be issued after the export of goods. One of the other two copies of the circulation documents issued within this scope, other than the original copy, shall be attached to the export declaration.

Issuance of second copies of A.TR circulation documents to be issued in simplified procedure

MATTER 58 – (1) A.TR circulation document issued by persons with the authority of approved exporters A.TR circulation document stolen, lost or destroyed, Decision 17 and 22 Articles in the framework of the Articles of the second copy of the document in question can be issued.

Suspension of notified exporter authorization

MATTER 59 – (1) Approved exporter by persons with the authority, within the validity period of the status certificate, Decision provisions and 54 to 56 If it is understood that the provisions of the article in case of violation of the provisions of Article; These persons are warned in writing for the first two times, approved exporter authority is suspended for six months in the third time.

Withdrawal of approved exporter authorization

MATTER 60 – (1) Approved exporter authorization number A.TR circulation document to issue any document other than the circulation document found to use the status certificate holder’s approved exporter authority until the end of the validity period of the status certificate to ensure that the status certificate is issued customs and trade regional directorate is immediately notified.

• Pursuant to Article 59, following the end of the suspension period of the persons whose authority to issue, approve and visa A.TR within the scope of the simplified procedure is suspended, if it is understood that they act contrary to the provisions of the Decree and the provisions of Articles 54 to 56 within the validity period of the status certificate, their approved exporter authorization shall be withdrawn until the end of the validity period of the status certificate.
• In cases where there is less than one year left until the end of the validity period of the status certificate, the withdrawal period shall be one year.

On May 21, 2014, the following provisional article was added to the Customs Regulation published in the Official Gazette dated 07/10/2009 and numbered 27369 (Repeated) with the amendment to the regulation amending the customs regulation published in the Official Gazette;

“Repeal of class A and B notified person status:

PROVISIONAL ARTICLE 6 – (1) All Class A and Class B Approved Person Status Certificates issued within the scope of Article 22 of this Regulation are withdrawn as of 01/01/2017 and new application requests for Class A and Class B Approved Person Status Certificate made as of the effective date of this article are rejected. Update requests for Class A and Class B Approved Person Status Certificates whose validity period expired before 01/01/2017 are accepted as the validity date of the document will be 01/01/2017 at the latest.”

With the update made, even if sufficient conditions are met, Class A and Class B Approved Person Status Certificates will no longer be issued as of May 21, 2014, and it has been reported that the documents of the companies holding documents before this date will be invalid as of 01/01/2017. Status certificates, which have to be renewed every two years, will continue to be renewed until 2017 for Class A and Class B. For the Class C certificate, it is stated that the old system is still valid and new applications and document renewal requests will continue in the same way.  

Notified Person Status Certificate in Customs Regulation

Notified Person Status

Persons who may be granted notified person status

MATTER 22 – (1) Within the scope of customs legislation in order to facilitate customs procedures and practices determined in order to benefit from simplified procedures, practices and authorizations determined in order to facilitate customs procedures and practices 23 and 24. providing the conditions set out in Articles, resident in the Customs Territory of Turkey (Annex: RG-21/11/2013-28828 Repeated) and at least two years of actual activity in real and legal persons if they request A, B or C class approved person status is given.

(2) The general and special conditions set forth in Articles 23 and 24 shall not be sought in the event of a request for approved person status by public authorities, state-owned economic enterprises and state-owned economic organizations whose capital wholly belongs to the state, and enterprises whose capital wholly belongs to a state-owned economic enterprise or stateowned economic organization.

General requirements for notified person status

ARTICLE 23 (2) – (1) By persons applying for approved person status,

1. Members of the board of directors, real persons holding more than ten percent of the capital and employees who have the authority to represent in customs and foreign trade transactions; crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against state secrets and espionage, embezzlement, extortion, bribery, abuse of trust, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy, Turkish Criminal Code No. 765 and Turkish Criminal Code No. 5237 for the crimes of false testimony

(perjury), fabrication of a crime (crime classification) and slander, and for the crimes of bid rigging, bid rigging, and laundering the proceeds of crime; Tax Procedure Law No. 213 for tax evasion or attempted tax evasion; Law on the Prevention and Suppression of Smuggling No. 1918, Anti-Smuggling Law No. 4926, Anti-Smuggling Law No. 5607, Anti-Smuggling Law No.

3628, Anti-Bribery and Corruption Law and Law No. 1567 on the Protection of the Value of

Turkish Currency,

1. (Amended phrase:RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract is made for the preliminary examination of the application for approved person status with the authorized customs broker, two periods of twelve months separately, due to the violation of customs legislation that causes tax loss within each period, The total number of penalty decisions issued in an amount exceeding three times the irregularity penalty stipulated in the first paragraph of Article 241 of the Law in accordance with Articles 234 to 238 of the Law does not exceed one percent of the total number of customs declarations regarding imports and exports processed in each period, provided that it is more than five,
2. (Amended phrase:RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract is made for the preliminary examination of the application for approved person status with the authorized customs broker, two periods of twelve months separately, due to the violation of customs legislation that causes tax loss within each period, The number of penalty decisions issued in an amount exceeding seventy-five times the irregularity penalty stipulated in the first paragraph of Article 241 of the Law in accordance with Articles 234 to 238 of the Law and the number of penalty decisions issued in accordance with

Article 51 of the Value Added Tax Law No. 3065 and Article 16 of the Special Consumption Tax Law No. 4760, which exceed two hundred and fifty times the irregularity penalty in the same amount, provided that the total number of customs declarations for imports and exports processed in each period does not exceed three per thousand,

ç) (Amended phrase: RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract was made with the authorized customs broker for the preliminary examination of the application for approved person status, two periods of twelve months separately, due to violations of customs legislation within each period (Amended phrase:RG-31/3/2010-27538) The total number of penalty decisions issued in an amount exceeding three times the irregularity penalty stipulated in the first paragraph of Article 241 of the Law pursuant to Article 239 of the Law and the total number of penalty decisions issued in an amount exceeding the irregularity penalty stipulated in the first paragraph of the same article pursuant to Article 241 of the Law, provided that it is more than ten, does not exceed two percent of the total number of customs declarations for import and export processed in each period,

1. No finalized tax and penalty debts in accordance with the customs legislation,
2. No finalized tax debt in accordance with the tax legislation,
3. No finalized social security premium debt in accordance with the relevant legislation,
4. For exporters, according to the records of the exporters’ association to which they are affiliated, the performance and reliability of the Turkish Exporters Assembly or exporters’ associations have been approved by the Turkish Exporters’ Assembly or exporters’ associations within the framework of the relevant legislation,

ğ) Being a manufacturer, except for foreign trade capital companies, group exporters, group importers, persons holding R&D center certificate and commercial air transport companies carrying out maintenance and repair activities,

1. (Change: RG-12/6/2012-28321) By examining the financial structure of the company, the two years preceding the year in which the contract was made for the preliminary examination of the application for approved person status with the authorized customs broker, in case the financial statements could not be completed in accordance with Article 72 of the Turkish Commercial Code No. 6762, the second and third years preceding the application year, in accordance with the format to be determined by the Ministry, by taking the second and third year as basis, to be concluded with a positive opinion with the report to be issued by the certified public accountant in accordance with the format to be determined by the Ministry, conditions must be met in full.

• In the application of subparagraph (b) of the first paragraph, without prejudice to the provision of the second paragraph of Article 67 of the Law, more than one penalty decision issued for the same declaration shall be deemed as one penalty decision.
• In the applications made by group exporters or group importers, the conditions listed in subparagraphs (d), (e) and (f) of the first paragraph must be met by the group manufacturers on whose behalf the intermediation in foreign trade transactions is reported.
• In the applications made by the group manufacturer, in cases where the fourth paragraph of Article 24 is applied, all of the conditions listed in subparagraphs (d), (e) and (f) of the first paragraph must be met by the group exporter or exporters whose export amounts are taken into consideration in meeting the special condition specified in subparagraphs (a) of the first, second and third paragraphs of the same article.
• (Annex: OG-16/7/2011-27996) (1) (2) The condition listed in subparagraph (ğ) of the first paragraph shall not be sought in Class C Approved Person Status applications.
• (Repealed: OG-21/11/2013-28828 Repeated)
• (Additional:RG-26/3/2011-27886) In the application of subparagraphs (b), (c) and (ç) of the first paragraph, the date of the violation constituting the reason for the penalty decision shall be taken as basis. In the evaluation of the application, (Amended phrase: RG-16/7/2011-27996) (1) Penalty decisions issued due to acts committed more than two years before the first day of the month in which the contract was made with the authorized customs broker for the preliminary examination of the application for approved person status shall not be taken into consideration. (8) (Annex: RG-26/3/2011-27886) In the application of subparagraphs (b), (c) and (ç) of the first paragraph, more than one penalty decision issued for the same violation as a result of retrospective screening based on the same detection at the same customs administration shall be considered as a single penalty decision.
• (Annex: OG-26/3/2011-27886) In the application of subparagraphs (b), (c) and (ç) of the first paragraph, penalty decisions that are not finalized shall not be taken into consideration.
• (Annex:RG-16/7/2011-27996) (1) In the application of subparagraphs (b), (c) and (ç) of the first paragraph, the penalty decisions issued according to the third paragraph of Article 234 of the Customs Law shall not be taken into consideration.
• (Annex: OG-21/5/2014-29006) In the application of subparagraphs (d), (e) and (f) of the first paragraph, debts that are secured, structured, deferred, postponed, postponed in installments or whose offset request is accepted in accordance with the relevant legislation shall be excluded.

Special conditions for approved person status

MATTER 24 –  (1) Persons applying for class A notified person status 23 In addition to the general conditions specified in the article must also meet the following special conditions:

1. a) Providing at least one of the following conditions regarding foreign trade performance: 1) (Amended phrase: RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract is made with the authorized customs broker for the preliminary examination of the application for approved person status, two twelve-month periods separately, a minimum of twenty-five million FOB / US dollars of actual exports have been made in any period,

2) (Amended phrase: RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract was made for the preliminary examination of the application for approved person status with the authorized customs broker, the total of imports and actual exports realized in any period, separately for two periods of twelve months each, must be at least one hundred million US dollars.

1. b) (Amended phrase: RG-16/7/2011-27996) (1) Employing at least two hundred and fifty workers within one month retrospective to the date of the contract with the authorized customs broker for the preliminary examination of the application for approved person status.

(2) In addition to the general conditions specified in Article 23, persons applying for Class B notified person status must also meet the following special conditions

1. a) Providing at least one of the following conditions regarding foreign trade performance: 1) (Amended phrase: RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract is made with the authorized customs broker for the preliminary examination of the application for approved person status, two periods of twelve months separately, actual exports of at least five million FOB / US dollars have been made in any period,

2) (Amended phrase: RG-16/7/2011-27996) (1) Within two years retrospective from the first day of the month in which the contract was made for the preliminary examination of the application for approved person status with the authorized customs broker, the total of imports and actual exports realized in any period, separately for two periods of twelve months each, must be at least twenty million US dollars.

1. b) (Amended phrase: RG-16/7/2011-27996) (1) Employing at least one hundred workers within one month retrospective to the date of the contract with the authorized customs broker for the preliminary examination of the application for approved person status.

(3) In addition to the general conditions specified in Article 23, persons applying for Class C notified person status must also meet the following special conditions:

1. a) (Amended:RG-16/7/2011-27996) (1) Providing at least one of the following conditions regarding foreign trade performance:

• Within two years retrospective from the first day of the month in which the contract is made with the authorized customs broker for the preliminary examination of the application for approved person status, two twelve-month periods separately, actual exports of at least one million FOB / US dollars have been made in any period,
• Within two years retrospective to the first day of the month in which the contract is made with the authorized customs broker for the preliminary examination of the application for approved person status, the total of imports and actual exports realized in any period, two twelve-month periods separately, must be at least six million US dollars,
• (Repealed: OG-21/11/2013-28828 Repeated)

1. b) (Change: RG-16/7/2011-27996) (1) Employing at least fifteen workers within one month retrospective to the date of the contract with the authorized customs broker for the preliminary examination of the application for approved person status.

• In the event that exports are made through foreign trade capital companies and / or group exporters, according to the records of the exporters’ union to which it is affiliated, the export amounts determined to be made through foreign trade capital companies and / or group exporters from the export amounts registered in the document approved by the Turkish Exporters Assembly or exporters’ unions are also accepted as the exports of the manufacturing person and taken into account in the application of the manufacturing person.
• Special conditions listed in the first, second and third paragraphs are not sought for foreign trade capital companies.
• The special conditions specified in subparagraphs (b) of the first, second and third paragraphs are not sought for group exporters and group importers. However, in the applications made by group exporters or group importers, the condition in subparagraph (b) of the first, second and third paragraphs must be met by the group manufacturers on whose behalf the intermediation in foreign trade transactions is reported. In meeting this condition, the total number of insured employees of group manufacturers shall be taken into account.
• In the event that the legal entity of the holder of the approved person status certificate is terminated by transfer or merger, the foreign trade performance of the company whose legal entity is terminated is also taken into account in the evaluation of the request for the approved person status certificate of the newly established or legal entity that takes over the company holding the approved person status certificate in terms of special conditions in accordance with this article. In this case, the number of penalty decisions regarding the violations in subparagraphs (b), (c) and (ç) of the first paragraph of Article 23 of the company whose legal entity has ceased to exist shall be evaluated together with the penalty decisions issued on behalf of the person requesting the status certificate.
• (Addition: RG-2/11/2011-28103) In the event that the company holding the approved person status certificate transfers one or more parts of its assets to a company to be newly established by partial division, provided that there is a mediated or non-mediated company relationship between the document holder company and the newly established company in terms of its administration and supervision and / or capital, the foreign trade performance of the document holder company shall also be taken into consideration in the evaluation of the request for the approved person status certificate of the transferee legal entity in terms of special conditions in accordance with this article. In this case, the number of penalty decisions of the document holder company regarding the violations in subparagraphs (b), (c) and (ç) of the first paragraph of Article 23 shall also be evaluated together with the penalty decisions issued on behalf of the person requesting the status certificate. In the verification of whether the general condition specified in subparagraph (h) of the first paragraph of the same article is met, the financial structure of the certificate holder company is taken as basis.

Approved person status certificate and its scope

MATTER 25 – (1) Approved person status is granted by real and legal persons, simplified procedures determined in order to facilitate customs procedures and practices within the scope of customs legislation, applications and authorizations are benefited through the approved person status certificate issued on their behalf.

• The procedures and principles regarding the application to be made for obtaining an approved person status certificate, the documents to be sought and the manner of issuance, validity period, renewal and replacement of the approved person status certificate shall be determined by the Undersecretariat.
• The Undersecretariat is authorized to determine the rights and authorities to be exercised by the holders of Class A, B or C notified person status within the scope of the notified person status certificate issued on their behalf, and the procedures and principles regarding such rights and authorities.
• Persons who are granted Class A notified person status may benefit from the rights and authorities granted to Class B and Class C notified person status holders, and persons who are granted Class B notified person status may benefit from the rights and authorities granted to Class C notified person status holders.
• Within the procedures and principles to be determined by the Undersecretariat by the holders of the approved person status certificate, in case of violation of the customs and foreign trade legislation, the rights and authorizations benefited within the scope of the approved person status certificate issued on their behalf may be withdrawn or suspended.
• In the event that it is learned that a criminal complaint has been filed against the persons listed in subparagraph (a) of the first paragraph of Article 23 as a result of the examination and investigation initiated in accordance with the laws listed in the same subparagraph and that the investigation process or prosecution process carried out by the relevant public prosecutor’s office continues, the rights and authorizations benefited under the approved person status certificate may be withdrawn or suspended.
• The Undersecretariat is authorized to determine the procedures and principles regarding the withdrawal and suspension of the rights and authorizations within the scope of the approved person status certificate pursuant to the fifth and sixth paragraphs.

Suspension, revocation and cancellation of the notified person status certificate

MATTER 26 – (1) Any public receivables arising from customs procedures or customs penalties within the validity period of the approved person status certificate, If it is determined that it is not paid within the period, the approved person status certificate in question, finalized customs tax and / or penalty debt is suspended until paid. The person shall not benefit from the rights and practices under this document from the date of suspension of the approved person status certificate.

• In the twelve-month period following the date of issuance of the approved person status certificate, if it is learned that any of the general conditions specified in subparagraphs (b), (c) and (ç) of the first paragraph of Article 23 within the twelve-month period following the date of issuance of the approved person status certificate or any of the general conditions specified in the other subparagraphs of the same paragraph within the validity period of the document or if requested by the document holder, the approved person status certificate is withdrawn.
• The approved person status certificate shall be withdrawn from the public institutions in whose name an approved person status certificate has been issued if it is learned that they have lost the condition specified in the second paragraph of Article 22.
• The person shall not benefit from the rights and practices within the scope of this document from the date of revocation of the approved person status certificate.
• Approved person status certificate that is found to have been issued based on false or incomplete information or forged documents shall be canceled. In the event that the approved person status certificate is revoked, the authorizations and practices under this document shall be deemed invalid as of the date of issuance of the approved person status certificate. Persons whose approved person status certificate issued in their name has been revoked pursuant to this paragraph shall not be granted approved person status for a period of two years from the date of revocation.
• The Undersecretariat is authorized to determine the procedures and principles regarding the suspension, withdrawal and revocation of the certified person status certificate.

Notified Person Status (Risk Management and Control – Circular 2012/4)

Notified Person Status (Customs Directive Article 22–26)

Collections made by banks (Risk Management and Control General Directorate – Circular 2012/8)

Customs General Communiqué on Approved Person Status (Sequence No: 1) http://www.resmigazete.gov.tr/eskiler/2011/12/20111230M3–24.htm