Authorized Economic Operator Status (AEO)

Authorized liable is defined as an international status that provides a number of facilities and privileges in customs procedures to reliable companies that fulfill their customs obligations, have a regular and traceable registration system, have financial competence, safety and security standards, and can perform their own self-control.

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 OKSB and YYS certificate, which provides great convenience to our companies especially in foreign trade processes.

BLC Customs Consultancy provides services with its experienced staff in the processes of preparing the question form for the application for Authorized Economic Operator Status (YYS), examining the application documents, making the necessary application and follow-up for the preliminary examination of the regional directorate, following the general directorate stage, reporting the deficiencies in the facilities for the safety and security condition of the applicant companies before the on-site inspection, accompanying the on-site inspection, obtaining the YYS certificate and then preparing annual activity reports.

As can be understood from the detailed information below about the Authorized Economic Operator Status (AEO), serious work, process and time management, and most importantly professionalism are required for your company to obtain this certificate.

Let us do all your bureaucratic process management and consultancy from your company analysis until you receive the Authorized Economic Operator Status (AEO) Certificate, let us do all your bureaucratic process management and consultancy, and let YOU SAVE YOUR TIME, one of your most valuable resources…

What is Authorized Economic Operator Status and Notified Person Status Certificate?

As it is known, after September 11, 2001, the security dimension has gained importance in the field of foreign trade and customs and the concept of security of the supply chain has come to the fore. From this point of view, the necessity of ensuring both safe and fast cargo

transportation has brought the concept of Authorized Economic Operator to the agenda for the USA and the EU, and has led the countries trading with this geography to direct to a similar structure in terms of protecting competition and fast delivery. Within this framework, the Authorized Economic Operator can be defined as an economic operator worthy of trust within the framework of customs procedures in the entire customs area.

“Economic operator is defined as a person engaged in the activities specified in the Customs

Legislation within the framework of his professional activities”

Authorized Economic Operator Status:

Authorized obligor is defined as an international status that provides certain facilities and privileges in customs procedures to reliable companies that fulfill their customs obligations, have a regular and traceable registration system, have financial competence, safety and security standards, and can perform their own self-control.

Facilities Provided by Authorized Economic Operator Status

• Facilitations related to simplified procedures:
  • On-site customs clearance in exports, Authorized shipper (being able to ship transit goods from their own facilities without presenting them to the customs office of departure),
  • Ability to provide indefinite and non-deductible collateral with a predetermined amount within the scope of the lump sum guarantee application,
  • Ability to provide partial collateral in collateralized transactions,
  • Ability to issue A.TR circulation certificates without the need for approval to chambers and visa procedures to customs administrations,
  • Ability to issue invoice declaration and EUR.MED invoice declaration regardless of the value of the goods,
  • Making a declaration with missing documents,
  • Widespread simplified full declaration without limitation on the type of goods
  • to benefit from the procedure (suplan procedure),
  • To be able to receive the goods specified in the Customs Regulation before the analysis results are received,
  • To be able to take delivery of oil and derivatives for which the bill of lading has not been presented before the bill of lading is presented,
  • To be able to benefit from different regulations to be made by the Ministry regarding the determination of inventory,
• Facilities related to safety and security:
  • Ability to provide a summary declaration with reduced mandatory information,
  • Ability to process import and export customs procedures before the delivery of the goods, without physical inspection and document control (blue line application),
  • Utilizing the blue line for on-vehicle transactions,
  • Subject to fewer document checks or inspections, In case of document checks or inspections, these procedures should be prioritized
  • Making it possible

Legal Regulations;

When we look at the legal regulations on the subject;

The Ministry of Customs and Trade, in order to reflect the provisions of the Council Regulation No. 648/2005 to the Customs Law No. 4458 in order to bring similar regulations within the framework of both its obligations within the framework of the WTO and its obligations under the customs union with the EU, the “Law No. 5911 on Amendments to the Customs Law and Certain Laws and Decree Laws” entered into force after being published in the Official Gazette dated

July 7, 2009 and numbered 27281. 10.In the “Regulation on Facilitation of Customs

Transactions” published in the Official Gazette dated January 2013 and numbered 28524, the conditions required for the authorized obligor status outlined above, the documents to be sought in the application, the issuance, duration, renewal, replacement of the certificate, suspension, revocation and cancellation of the authorized shipper, approved exporter, underdeclaration, partial guarantee, lump sum guarantee applications and safety and security facilitation to be used within the scope of this certificate and suspension, revocation and cancellation of the authorization to benefit from these applications and facilitation  and determines the procedures and principles regarding other simplified practices arising from customs legislation.

A closer look at these regulations

Real or legal persons, including free zones, resident in the Customs Territory of Turkey and operating for at least three years, and public institutions and organizations specified in the Regulation are granted authorized obliged status to benefit from the simplified practices stipulated by the customs legislation and the facilitations regarding the safety and security controls made during the entry and exit of goods into and out of the Customs Territory of Turkey (Art.4). Authorized Economic Operator status holders may benefit from the following simplified practices without the need for a separate request;

1. Incomplete declaration procedure,
2. Partial collateral application.

In addition, Authorized Economic Operator status holders may benefit from the following simplified practices if they request and meet the relevant additional terms or conditions for that practice;

1. Lump sum collateral application,
2. Within the scope of approved exporter authorization;

• On-site customs clearance permit for exports,
• Persons and organizations authorized by the Ministry of A.TR Circulation Documents Permission to issue without the obligation to be submitted to the customs authorities for issuance and visa procedures,
• Preferential with Free Trade Agreement countries or country groups

In trade, in preferential trade of agricultural products between Turkey and the European Union and in preferential trade carried out within the scope of the Generalized System of Preferences regime unilaterally recognized by our country, regardless of the value of the goods, invoice declaration or EUR. MED invoice declaration regardless of the value of the goods,  

1. c) Authorized shipper authorization.

In addition to the above-mentioned simplifications, the holders of the authorized Economic Operator status shall be allowed to benefit from the following simplifications regarding safety and security controls, without the need for a separate request

1. a) Ease of filing a summary declaration with reduced mandatory information, b) Blue line application,
2. c) If the declaration is subject to document controls, the controls shall be carried out first,

ç) In case the goods within the scope of the declaration are subject to inspection, the inspection shall be carried out first. It is important to note here that the real and legal persons in whose name the certificate is issued can only benefit from the rights and practices mentioned above for as long as the certificate is valid. In other words, the mentioned authorizations cannot be used by other persons.(Art.4)

For the Authorized Economic Operator Certificate application;

• Reliability condition,
• That the applicant’s commercial and transportation records, if any, are reliable and traceable, – The financial structure of the applicant has been examined by a certified public accountant based on the three years preceding the application year and reported with a positive opinion, – It must be accepted that the applicant has appropriate safety and security standards (Art.5,6,7,8) During the application, the application form in Annex-1/A of the Regulation as well as the documents specified in Article 10 shall be submitted. Upon the duly made applications, the authorized obliged certificate in Annex-8 shall be issued by the relevant regional directorate (Art.15).) The authorized obligor certificate becomes valid on the first business day after the date of issue and is valid indefinitely (without prejudice to the provisions of Articles 94 to 96 of the Regulation) (Art.16) With the Regulation, the Permissions, Practices and Facilitations within the scope of the Authorized Economic Operator Certificate, which we have listed above in terms of articles, have also been regulated in detail. are available.

According to these regulations;

Incomplete Declaration Procedure

Without prejudice to the conditions specified in Articles 143, 154 and 163 of the Customs Regulation, certificate holders may make a declaration without attaching one or more of the following documents to the declaration.

1.  
2. TR Circulation Certificate.
3. Origin proof documents.

ç) Freight receipt and insurance policy that must be submitted in accordance with the delivery method.

1. Processed agricultural products that must be submitted in case of free circulation processed agricultural products analysis result report (Art.19) The missing document or documents are submitted to the customs directorate where the declaration is registered together with the missing document completion form in Annex-9 of the Regulation within the period, including additional periods (Art.24)

Partial Collateral Application

We can list the applications that can benefit from the Partial Collateral Application as follows;

• Customs bonded warehouse,
• processing under customs control,
• temporary imports,

In cases where it is foreseen to obtain collateral for the goods subjected to the regimes, the certificate holders shall, upon request, obtain collateral at the rate of ten percent of the import taxes. (Provided that the provisions of the collateral practices determined by the Decrees of the Council of Ministers issued on the procedures and principles related to inward processing and outward processing regimes are reserved) (Art.27) In the event that customs duties and other taxes are excluded from the scope of the partial collateral application regulated in this

Regulation with the regulations in the relevant legislation other than the customs legislation, the partial collateral application is not benefited for the guarantees to be received in return for these taxes (Art.28)

Lump Sum Collateral Application

The lump sum collateral application means that in cases where the goods are subjected to a customs-approved process or use that requires the customs duties and other taxes to be bonded, the collateral in the amount determined for the person who will benefit from this application can be used for a period of one year without giving a separate collateral for each transaction, independently of the amount to be bonded and without any deduction.(Art.32)

The lump sum guarantee is valid for all public receivables related to the subjection of the goods to a customs-approved process or use, without prejudice to the regulations made by the Ministry of Finance regarding the importation of the goods included in the list (I) annexed to the Special Consumption Tax Law No. 4760 and other relevant regulations (Art.33).  

The validity period of the lump sum guarantee authorization is one year (Art.38) The lump sum guarantee authorization may be revoked if the certificate holder ceases to benefit from the lump sum guarantee application.(Art.43

Approved Exporter Authorization

According to Article 44 of the Regulation, the approved exporter authorization covers the following applications;

1. On-site customs clearance for exports,
2. TR Circulation Documents by the person and organization authorized by the Ministry without the obligation to submit to the customs authorities for issuance and visa procedures to organize
3. Permission to issue invoice declaration or EUR.MED invoice declaration on the basis of goods and country/country group regardless of the value of the goods in preferential trade with countries or country groups with which Free Trade Agreements are concluded, in preferential trade of agricultural products between Turkey and the European Union and in preferential trade carried out within the scope of the Generalized System of Preferences regime unilaterally recognized by our country.

Permission to issue and visa A.TR Circulation Document within the scope of simplified

procedure Permission to issue and visa A.TR within the scope of simplified procedure Authorized  

Persons holding an obliged certificate may be granted permission to issue and visa A.TR within the scope of the simplified procedure as an approved exporter if they have issued at least fifty A.TR Movement Documents and completed the visa procedures 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.

The person who has been granted permission to issue and visa the A.TR Movement Certificate within the scope of the simplified procedure may issue the A.TR Movement Certificate without the obligation to be submitted to the customs authorities for the issuance and visa process by the person and organization authorized by the Ministry. Certificate holders who are authorized to issue and visa A.TR Movement Certificate within the scope of the simplified procedure shall be given an approved exporter (A.TR) authorization number as set out in Annex-13/A (Art.60)

Permission to Issue Invoice Declaration or EUR.MED Invoice Declaration Regardless of the Value of the Goods If the certificate holders have exported at least fifty of the same goods (goods classified under the same quadruple tariff position) within one year retrospectively from the first day of the calendar year preceding the application year or the first day of the month in which the application is registered, in preferential trade with countries or groups of countries with which a Free Trade Agreement is concluded and in preferential trade of agricultural products between Turkey and the European Union and in preferential trade of agricultural products between Turkey and the European Union. In preferential trade with countries or groups of countries with which a

Free Trade Agreement is concluded, in preferential trade of agricultural products between Turkey and the European Union and in preferential trade carried out within the scope of the Generalized System of Preferences regime unilaterally recognized by our country in preferential trade with countries or groups of countries with which a Free Trade Agreement is concluded as an approved exporter, permission may be granted to issue an invoice declaration or EUR.MED invoice declaration on the basis of goods and country/country group regardless of the value of the goods. Certificate holders who are authorized to issue an invoice declaration or EUR.MED invoice declaration shall be issued an approved exporter (EUR) authorization number as set out in Annex 14 of the Regulation (Art.67)

Authorized Shipper Authorization

Authorized Economic Operator Certificate holders may be permitted to perform transit operations in their own facilities without presenting the goods to the customs office of departure if they meet the additional conditions below.

1. To have an international transporter authorization certificate obtained from the Ministry of Transport, Maritime Affairs and Communications.
2. To have obtained a comprehensive guarantee or certificate of waiver of guarantee from the customs administration.
3. To have transited goods within the scope of at least five hundred transit declarations (including TIR Carnet) in the calendar year preceding the application year or in the year retrospective to the first day of the month in which the application is made (Art. 72) Authorization to Benefit from Facilitation of Safety and Security Controls

Authorized Economic Operator status holders may be allowed to benefit from the following facilities related to safety and security controls

1. a) Ease of submitting a summary declaration consisting of reduced mandatory information. b) Blue line application.
2. c) If the declarations are subject to document control, the controls shall be carried out first.

ç) If the goods within the scope of the declaration are subject to inspection, the inspection is carried out first.(Art.87)

Obligations of the holder of an authorized Economic Operator Certificate

The holder of the Authorized Economic Operator Certificate is obliged to notify the regional directorate that issued the certificate without delay in case of any change in any of the conditions sought for the certificate and/or additional conditions sought for the authorizations used within the scope of the certificate. The certificate holder is also obliged to provide all necessary facilities for the checks to be carried out by the customs authority to determine whether the conditions required for the certificate and/or the additional conditions required for the authorizations used under the certificate continue to be met (Art.93)

Suspension of the authorized economic operator certificate

If the certificate holder notifies that any of the conditions required for the certificate are no longer met, the relevant regional directorate shall give a period of thirty days starting from the date of notification in order to correct the deficiencies and / or explain the situation. Suspension shall be applied immediately if the customs authority determines that the situation in question is detected or if it is deemed necessary due to the nature or level of the threat to public safety and security, public health or the environment.

If the certificate holder does not correct the situation within the thirty-day period or in cases where it is applied ex officio, the relevant regional directorate suspends the authorized obligor status for thirty days in order to allow the obligor to take the necessary measures to correct the situation and notifies the relevant obligor. This period may be extended for thirty days by the relevant regional directorate, provided that the certificate holder submits convincing information and documents that the deficiencies can be eliminated.

If it is determined that any finalized public receivables arising from customs procedures or customs penalties are not paid within the time limit, the certificate shall be suspended by the regional directorate issuing the certificate in question until the finalized customs tax and/or penalty debt is paid.

In the event that the authorized economic operator certificate is suspended pursuant to this Article, all rights and authorizations covered by the certificate shall also be suspended during the suspension period.  

The suspension will not affect customs procedures that have been started and not yet completed before the suspension (Art94) Revocation of the authorized obligor certificate Revocation of the authorized Economic Operator certificate

Authorized obliged certificate by the regional directorate issuing the certificate in question;

1. At the end of the period specified in the Regulation, if any of the conditions required for the certificate that have been lost have not been met again, until these conditions are met again,

1. In the event that it is learned that a lawsuit is filed by the public prosecutor’s office as a result of the examination and investigation initiated in accordance with the relevant laws of the members of the board of directors, real persons who own more than ten percent of its capital and its employees who have the authority to represent in customs and foreign trade transactions, until it is concluded in their favor with an acquittal decision at the end of the lawsuit process,

1. At the end of the 6-month period specified in the third paragraph of Article 98 of the Regulation, if the conditions specified in the same paragraph are not met, it may be withdrawn until these conditions are met (Art.95)

Cancellation of the authorized economic operator certificate

The Authorized Economic Operator Certificate shall be revoked by the regional directorate issuing the certificate in case of any of the following situations.

1. It is understood that the certificate is issued on the basis of false or incomplete information or false documents.

1. A final judicial decision has been rendered against any of the persons listed in subparagraph (a) of the first paragraph of Article 5, the members of the board of directors and any of the real persons who own more than ten percent of the capital, for violating the laws listed in the same subparagraph.

1. The certificate issued on behalf of the certificate, the rights and authorizations under the certificate, the certificate number specified in the second paragraph of Article 15 of the Regulation, the approved exporter (IYG) authorization number specified in the fifth paragraph of Article 45, the approved exporter (A.TR) authorization number, the approved exporter (EUR) authorization number specified in the third paragraph of Article 67, the authorized exporter authorization number specified in the second paragraph of Article 72, the use of the special type of seals specified in the first paragraph of Article 56 and the first paragraph of Article 83 by the certificate holder on behalf of someone else.

In the event that the authorized obligor certificate is revoked for the reasons stated above, all rights and authorizations under the certificate are also revoked.(Art.96)

Status of Notified Person Status Certificate Holders

The OKSB held by the persons who currently hold an OKSB and to whom an Authorized

Economic Operator Certificate has been issued in accordance with the provisions of the Regulation will be revoked and these persons will not be able to apply for an OKSB during the validity of the certificate.  

However, in the customs transactions of these persons, which have started before the revocation of the Approved Exporter authorization and have not yet been completed, the customs procedures regarding the issuance and visa of the A.TR Circulation Document within the scope of incomplete declaration, blue line, partial guarantee, lump sum guarantee applications and simplified procedures and practices, and the customs procedures regarding the issuance of invoice declaration or EUR.MED invoice declaration regardless of the value of the goods shall be concluded according to the Customs General Communiqué (Sequence No: 1) and Customs General Communiqué (Serial No: 7) Communiqués.

As stated above, the authorized obliged persons whose approved person status has been withdrawn from the simplified procedures and practices used by the authorized obliged persons regarding the Approved Person Status, incomplete declaration, blue line, partial guarantee, lump sum guarantee applications and A.TR Circulation Document issuance and visa transactions within the scope of simplified transaction and invoice declaration regardless of the value of the goods or EUR.MED invoice declaration, the suspension and withdrawal decisions regarding the Approved Exporter authorization regarding the issuance of the invoice declaration will also be taken into account in the applications of incomplete declaration, blue line, partial guarantee, lump sum guarantee, issuance and visa of A.TR Circulation Certificate within the scope of simplified procedure and issuance of invoice declaration or EUR.MED invoice declaration regardless of the value of the goods. In this case, the end of the validity period of the approved person status document will be based on two years after the start date of the document in question.

However, the authorized obliged persons whose approved person status has been withdrawn from the simplified procedures and practices related to the Approved Person Status of the authorized obliged persons, incomplete declaration, blue line, partial guarantee, lump sum guarantee applications and the procedures for issuing and visa of the A.TR Circulation Document within the scope of simplified transaction and the invoice declaration or EUR.MED invoice declaration regardless of the value of the goods and the invoice declaration or EUR.MED invoice declaration regardless of the value of the goods are not taken into account in the calculation of the number of violations related to the suspension of the applications of incomplete declaration, blue line, partial guarantee, lump sum guarantee, issuance and visa of A.TR Circulation Document within the scope of simplified procedure and issuance of invoice declaration or EUR.MED invoice declaration regardless of the value of the goods to be used within the scope of authorized obliged status.

In the meantime, in accordance with Article 68 of the Customs General Communiqué on Approved Person Status (Serial No: 1), the applications of persons whose approved person status certificate has been canceled and persons whose Approved Exporter authorization for issuing invoice declaration or EUR.MED invoice declaration regardless of the value of the goods in accordance with the second paragraph of Article 15 of the Customs General Communiqué (Serial No: 7) (International Agreements) will be rejected within three years following the start date of the cancellation decision.

If a lump sum guarantee authorization is available within the scope of the approved person status certificate at the time of application for an authorized shipper certificate and the applicant wishes to continue to benefit from the lump sum guarantee authorization within the scope of the authorized shipper certificate, the lump sum guarantee authorization within the scope of the approved person status certificate will be included in the scope of the certificate (Article 100).

IN ORDER TO OBTAIN AN AUTHORIZED OBLIGED STATUS CERTIFICATE;

A- Reliability condition to be sought for the application for the authorized obliged person certificate

In order to fulfill the Reliability Condition, it must be certified by the customs administration as a result of the prioritization to be made that all of the following conditions have been met.

1-

a-Members of the Board of Directors  

b-Real persons holding more than ten percent of the share capital c- Employees authorized to represent in customs and foreign trade transactions

• Crimes against State Security
• Offenses against the constitutional order and its functioning
• Offenses against state secrets
• Espionage, international crimes
• Embezzlement, extortion, bribery, breach of trust, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy, false witness, fabrication of crime and slander crimes and bid rigging, bid rigging, bid rigging, laundering of assets arising from crime;
• Turkish Penal Code No. 765
• Crimes of tax evasion or attempted tax evasion under the Turkish Penal Code No. 5237
• Tax Procedure Law No. 213
• Repealed Law No. 1918 on the Prevention and Prosecution of Smuggling,
• Repealed Anti-Smuggling Law No. 4926,
• Anti-Smuggling Law No. 5607,
• Law No. 3628 on Failure to Declare Assets, Anti-Bribery and Corruption,
• Law No. 1567 on the Protection of the Value of Turkish Currency
• Law No. 5015 on Petroleum Market,
• Law No. 5549 on Prevention of Laundering Proceeds of Crime,
• Law No. 2313 on the Control of Narcotic Drugs
• No conviction or sentence for violation of the Law No. 298 on Narcotic Drugs
• Foreign nationals permanently residing abroad, if any;
  • Members of the Board of Directors
  • Real persons holding more than ten percent of its capital
  • Employees who have the authority to represent in customs and foreign trade transactions
  • International crimes listed in the Turkish Criminal Code No. 5237
  • Offenses against State Security
  • Offenses against the constitutional order and its functioning
  • Crimes against State Secrets and espionage
  • Embezzlement, extortion, bribery, breach of trust, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy, false witness, fabrication of crime and slander crimes and bid rigging, bid rigging, bid rigging, laundering of assets arising from crime, No conviction or sentence for tax evasion or attempted tax evasion, customs smuggling or attempted customs smuggling, oil smuggling, drug smuggling, unfair acquisition of property, opposition to the legislation provisions of Turkey or other countries,
• Within three years retrospective to the day the application was registered; within three periods of twelve months each, 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, due to the violation of customs legislation causing tax loss within each period, does not exceed one percent of the total number of customs declarations for import and export processed in each period, provided that the total number of penalty decisions is more than five.

• Within three years retroactive to the day the application was registered; the number of penalty decisions issued against them 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 due to the violation of customs legislation causing tax loss within each period, separately for three periods of twelve months each, and the number of penalty decisions issued in an amount exceeding two hundred and fifty times the irregularity penalty of the same amount in 15.The total number of penalty decisions issued pursuant to Article 51 of the Value Added Tax Law dated 10.1984 and numbered 3065 and Article 16 of the Special Consumption Tax Law dated 06.06.2002 and numbered 4760, provided that the total number of penalty decisions issued pursuant to Article 51 of the Value Added Tax Law dated 10.1984 and numbered 3065 is more than two, does not exceed two thousandths of the total number of customs declarations related to imports and exports processed in each period,

• Within three years retrospective from the first day of the month in which the application is registered, 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 Article 239 of the Law due to violation of customs legislation within each period, separately for three periods of twelve months, and the total number of penalty decisions issued in an amount exceeding the irregularity penalty stipulated in the first paragraph of the same article in accordance with Article 241 of the Law, Not exceeding two percent of the total number of customs declarations for imports and exports processed in each period, provided that it is more than ten.
• No finalized tax and penalty debts in accordance with the customs legislation.
• No finalized tax debt in accordance with the tax legislation.
• No finalized social security premium debt in accordance with the relevant legislation. (2) In the application of subparagraph (c) 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 regarding the same declaration shall be deemed as one penalty decision.
• In the application of subparagraphs (c), (ç) and (d) of the first paragraph, more than one penalty decision issued for the same violation as a result of the retrospective scanning based on the same determination in the same customs administration shall be deemed as a single penalty decision.
• In the application of subparagraphs (c), (ç) and (d) of the first paragraph, penalty decisions that are not finalized shall not be taken into consideration.
• In the application of subparagraphs (c), (ç) and (d) of the first paragraph, the date of issuance of the penalty decision shall be taken as basis. In the evaluation of the application, criminal decisions issued for acts committed more than three years before the first day of the month in which the application is made shall not be taken into consideration.
• In the application of subparagraphs (c) and (ç) of the first paragraph, the penalty decisions issued pursuant to the third paragraph of Article 234 of the Law shall not be taken into consideration.
• In the application of subparagraphs (e), (f) and (g) of the first paragraph, debts that are secured, structured, deferred, postponed, postponed in installments or whose offset request is accepted pursuant to the relevant legislation shall be excluded.

B- condition of being traceable

(1) In order for the commercial and, if any, transportation records of the applicant to be accepted as reliable and traceable, it must be certified that the following conditions have been sufficiently met as a result of the examination to be carried out by the Ministry and the scoring to be made within the scope of the system established to evaluate the results of this examination.

1. Keeping the commercial and, if any, transportation records in accordance with the generally accepted accounting principles in a way that will allow the audits to be carried out by the customs authorities, especially within the scope of post-control, to be carried out in a healthy and effective manner, protecting the authenticity of the information and records.
2. To have a book and record order that makes it possible to show all the characteristics of the goods in a way that leaves no room for doubt and to record all movements.
3. To enable the customs administration to physically or electronically access the records related to customs and transportation, if any.

ç) To provide the appropriate environment required for customs controls to be carried out by the administration.

1. To have a logistics recording system (stock and storage recording system, accounting system and the like) that distinguishes between goods in free circulation and goods not in free circulation.
2. To have an administrative organizational structure that is proportionate to the type and size of the enterprise, that allows the detection of illegal and irregular transactions, that is suitable for the management of the flow of goods, that ensures the execution of transactions within a certain systematic and that includes an internal control mechanism.
3. To have an in-house system to confirm and verify the correct declaration of goods to the customs authority; and

• Employing personnel who are knowledgeable and experienced in customs matters in units related to customs matters and related internal control processes, or
• To receive consultancy services on customs matters and related internal control processes from legal entities employing personnel who are knowledgeable and experienced in customs matters.

1. To inform the customs administration when any failure to comply with the customs legislation occurs or when a problem is detected.

ğ) Keep the relevant documents for five years from the end of the year in which the declaration was made, without prejudice to the provisions of special legislation, so that they can be made available upon request of the administration for all declarations.

1. To have an adequate and appropriate business plan for archiving information and records and preventing loss of information.

ı) To have appropriate information technology security measures to protect the computer system from unauthorized access and to secure its data.

C- Financial adequacy condition to be sought for the application for an authorized obligor certificate

• The financial structure of the applicant must have been examined by a certified public accountant based on the three years preceding the application year and reported with a positive opinion. The financial structure of persons who have been in operation for less than three years shall be examined by a certified public accountant based on the available data.
• In the application of the first paragraph, if the financial statements for the previous year have not been completed for the applications to be made in the months of January to March, the second, third and fourth year prior to the application year shall be taken as basis in the examination to be made by the certified public accountant.
• In the application of this Article, financial capability shall mean that the applicant is in a financial position sufficient to meet its commitments, taking into account the characteristics of the field of business in which it is engaged, and that bankruptcy proceedings have not been initiated against it.
• The adequacy of the financial structure of the persons who have been operating for less than three years must also be certified through the data in the report mentioned in the first paragraph and, if necessary, as a result of additional examinations to be deemed appropriate by the General Directorate.

D- Safety and security conditions to be sought for the application for an authorized obligor certificate

(1) In order for the applicant to be deemed to have appropriate safety and security standards, it must be certified that the following conditions have been met at a sufficient level as a result of the examination to be carried out by the Ministry and the scoring to be made within the scope of the system established to evaluate the results of this examination.

1. The buildings to be used in relation to the activities within the scope of the authorized obliged certificate must be of a quality to prevent unauthorized entry and infiltration and to have taken general security measures regarding the facilities.
2. To have taken appropriate access control measures to prevent unauthorized access to loading places, shipping areas, cargo compartments and transport vehicles.
3. Taking measures to prevent the alteration, loss or addition of foreign goods and measures to ensure that goods in free circulation and goods not in free circulation can be distinguished in loading and storage areas.

ç) Providing a suitable environment with the necessary equipment and hardware for the storage, unloading, inspection and sampling of the goods and arranging the places deemed appropriate for the placement of the goods in a way that facilitates the customs inspection.

1. In the case of goods subject to prohibitions and restrictions, to have established a workflow that will follow the procedures related to import and / or export licenses and separate the goods within this scope from other goods.
2. have taken measures to clearly identify the persons and companies with whom it does business and to check that these persons and companies have taken appropriate safety and security measures in order to ensure the reliability of the international supply chain.
3. To the extent permitted by the legislation, conducting periodic security surveys on employees who will work in security-sensitive positions before and after the start of employment and taking security measures against risks that may arise from employees in the company.
4. Ensure active participation of relevant personnel in training programs on supply chain security.

Documents required for application

1. In addition to the application form in Annex-1/A, the following documents shall also be submitted during the application

2. The questionnaire in Annex-2.

1. For the persons specified in subparagraph (a) of the first paragraph of Article 5, the originals of the criminal record documents obtained to be submitted to the official institution within two months at the latest retrospective to the date of application that they have not been convicted of the crimes listed in the same subparagraph, and for foreign nationals residing abroad permanently, the originals of the declaration form in accordance with the sample in Annex-3, signed by the relevant person or the chairman of the board of directors, stating that they have not been sentenced for the crimes specified in subparagraph (b) of the first paragraph of Article 5 in accordance with the legislation provisions of Turkey or other countries.

1. In order to certify that there is no finalized social security premium debt throughout Turkey; within one month at the latest retrospective to the date of application, the trade name and tax number for legal entities, name and surname and T.R. identification number for real persons, taken from the e-no-debt certificate option related to works not subject to tender within the eno-debt application of the Social Security Institution. identification number, the barcode and reference number produced electronically by the relevant institution, the date and time of the document’s receipt on the internet, and the information that the inquiry was made throughout Turkey, or the form in accordance with the sample in Annex-4 and the original letter received from the relevant units of the Social Security Institution within one month at the latest retrospective to the date of application, or the original letter showing that the debt has been secured, structured, postponed, postponed, postponed in installments or the offset request has been accepted.

ç) The original letter received from the tax office to which the tax office is affiliated and the tax offices to which the transfer is received within two months at the latest retrospective to the date of application, showing that there is no finalized tax debt in accordance with the tax legislation or that this debt has been secured, structured, postponed, postponed, postponed in installments or the offset request has been accepted.

1. The original or notarized copy of the report in accordance with the sample in Annex-5, prepared comparatively by a certified public accountant as a result of the examination of the financial structure of the applicant based on the last three years and concluded positively.

1. Original or notarized copy of the current ISO 9001 and ISO 27001 certificates bearing the brand of the accreditation body to be issued by conformity assessment bodies accredited by accreditation bodies that have signed the mutual recognition agreements of the European Accreditation Union.

• If the applicant has been in operation for less than three years, instead of the report specified in subparagraph (d) of the first paragraph, the original or notarized copy of the report in accordance with the sample in Annex-5, which is prepared comparatively, if possible, by a certified public accountant as a result of the examination of the financial structure of the applicant based on the data available as of the application date and concluded positively, shall be submitted.
• The application form shall be signed by the real person(s) who has the signature authority to directly represent the legal entity, if he/she is a real person and if he/she is a legal entity, by the real person(s) who has the signature authority to directly represent the legal entity.
• If it is desired to benefit from the lump sum guarantee application within the scope of the authorized obligor certificate, the application form for the lump sum guarantee application in Annex-1/B must also be submitted.
• If it is desired to benefit from the approved exporter authorization within the scope of the authorized shipper certificate, the application form for the approved exporter authorization in Annex-1/C must also be submitted.
• If it is desired to benefit from the authorized shipper authorization within the scope of the authorized shipper certificate, the application form for the authorized shipper authorization in Annex-1/D and a copy of the international carrier authorization certificate obtained from the Ministry of Transport, Maritime Affairs and Communications must also be submitted.
• Only the application form is required for the applications made by official authorities, and for the applications made by state-owned economic enterprises and state-owned economic organizations whose capital wholly belongs to the state, and by enterprises whose capital wholly belongs to a state-owned economic enterprise or a state-owned economic organization, the application form as well as a document showing their shareholding and capital structure are required.

Place of application

• Applications are made to the regional directorate to which the nearest customs directorate is affiliated to the place where the company headquarters is registered in the trade registry.
• Authorized obligor certificate applications of official offices, economic state enterprises and public economic organizations, all of whose capital belongs to the state, and affiliated enterprises, all of whose capital belongs to an economic state enterprise or public economic organization, shall be made to the Central Anatolian Customs and Trade Regional Directorate.

AUTHORIZED OBLIGED CERTIFICATE APPLICATION FORM IS ATTACHED.

NOTE: AUTHORIZED ECONOMIC OPERATOR CERTIFICATE APPLICATION FORM

THE SAMPLE HAS BEEN SENT SEPARATELY IN A SEPARATE E-MAIL WITH A WORD FILE, THE LINK IS ALSO ATTACHED.

http://www.oaib.org.tr/files/downloads/Bilgi-merkezi/ihracat-merkezi/oksb-Yetkilendirilmis/yetyuk-ser-bas-for.pdf