The Communiqué No. 2020/8 Amending the Communiqué No. 96/31 on Goods Prohibited from Export or That Require Pre-Approval and the Communiqué No. 2020/9 on Amending the Communiqué No. 2006/7 on Goods Subject to Registration for Export (“Communiqués“) were published in the Official Gazette no. 31115 dated May 2, 2020. The Communiqués remove various export control measures imposed as part of COVID-19 pre-cautions on export transactions.
Developments
The government introduced a number of measures to combat COVID-19 in the months of March and April. The following table with the Turkish Pharmaceuticals and Medical Devices Agency’s announcements summarize these preventive measures.
| Date and Number of Official Gazette | Measure Name | Goods Subject to Export Control (Prohibition, Pre-Approval or Registration) |
| March 4, 2020 31058 | The Communiqué No. 2020/4 on Amending the Communiqué No. 96/31 on Goods Prohibited from Export or That Require Pre-Approval | Protective Mask, Protective Suit, Waterproof Apron, Safety Goggles, Medical and Surgical Mask, Medical Sterile/Nonsterile Gloves |
| March 18, 2020 31072 | The Communiqué No. 2020/5 on Amending the Communiqué No. 2006/7 on Goods Subject to Registration for Export | Ethyl Alcohol, Cologne, Disinfectant, Hydrogen Peroxide, Meltblown Fabric |
| March 26, 2020 31080 | The Communiqué No. 2020/6 on Amending the Communiqué No. 96/31 on Goods Prohibited from Export or That Require Pre-Approval | Ventilator, ECMO, Oxygen Concentrator, Flow Sensor, Expiration Valve, Oxygen Sensor, Ventilator Circuits, Patient Circuits (Anesthesia/Ventilator circuits), IV Cannula, Intubation Tube and Intensive Care Monitor |
| April 2, 2020 31087 | The Communiqué on the Import of Medical Diagnostic Kits | Medical diagnostic kits used for humans with HS Codes 3822.00 and 3002.15 |
The export limitations published in the Official Gazette no. 31072 dated March 18, 2020 and Official Gazette no. 31080 dated March 26, 2020, presented as rows two and three in the above table, were removed (with the exception of Meltblown Fabric) with the Communiqués published in the Official Gazette no. 31115 dated May 2, 2020. Accordingly, the export restrictions of pre-approval or registration on Ventilator, ECMO, Oxygen Concentrator, Flow Sensor, Expiratory Valve, Oxygen Sensor, Ventilator Circuits, Patient Circuits (Anesthesia/Ventilator Circuits), IV Cannula, Intubation Tube and Intensive Care Monitor, Ethyl Alcohol, Cologne, Disinfectant and Hydrogen Peroxide have been lifted.
What to look out for?
Various export restrictions still remain in force. As long as these COVID-19 measures are in place, it would be prudent to remember that the Turkish Pharmaceuticals and Medical Devices Agency’s pre-approval will be required to export items such as personal protective equipment. It is beneficial to regularly communicate with the Turkish Pharmaceuticals and Medical Devices Agency and the State Supply Office as early as possible in the process when responding to export demand.
Please refer to https://www.esin.av.tr/coronavirus-desk/ for our client alerts regarding the legal consequences of COVID-19 on export control and other areas.
