LAW FOR THE ENCOURAGEMENT OF TOURISM
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|Law No: 2634|
Date of Passage: 12 March 1982
Official Gazette No: 17635
Date of Official Gazette: 16 March 1982
Purpose, Scope and Definitions
ARTICLE l - The purpose of this Law is to ensure that necessary arrangements
are made and necessary measures are taken for the regulation and development
of the tourism sector and for giving this sector a dynamic structure and mode
ARTICLE 2 - This Law comprises provisions governing the tourism sector,
including definitions of cultural and tourism preservation and development regions,
tourism areas and tourism centres and means of estabishment and development
of such regions, areas and centres and of encouragement, regulation and inspection
of tourism investments and facilities.
ARTICLE 3 - The following terms shall have the meanings given here
when used in this Law:
a) "Ministry": The Ministry of Culture and Tourism;
b) “Cultural and Tourism Preservation and Development Regions”:
The regions having a high potential for tourism development, and intensive historical
and cultural importance, that are to be evaluated for the purpose of preservation,
utilisation, sectoral development and planned improvement and the boundaries
of which are determined and declared by the Council of Ministers upon the proposal
of the Ministry.
c) “Tourism Centres” : The parts or places specified to be developed
on a priority basis within or outside the cultural and tourism preservation
and development regions, and are of importance for tourism movements and activities,
locations, sites and the boundaries of which are determined and announced by
the Council of Ministers upon the proposal of the Ministry.
d) "Tourism Establishments”: Commercial ventures operating in the
tourism sector jointly or individually established by real or legal persons
of Turkish or foreign nationality;
e) "Tourism Investment Certificate": Certificate issued by the Ministry
to investors in the tourism sector for a specific investment period;
f) ”Tourism Establishment Certificate": Certificate issued by the
Ministry to establishments operating in the tourism sector,
g) ”Certified Tourism Investments and Establishments” : Investments
or establishments for which certificates have been issued by the Ministry;
h) “Yachts” : Vessels registered as yachts in Certificates of Measurement
and, in the absence of such Certificates of Measurement, all other sea-going
vessels used for sports and excursions but not qualified for passenger and cargo
i) “Cultural and Tourism Preservation and Development Sub-Region”:
Lands which contain various tourism types with at least one or more of the following
technical and social infrastructures such as culture, education and training,
entertainment, trade, housing, determined by a scale of 1/25 000 or less and
those can be divided into sub-lands.
Determination of Cultural and Tourism Preservation and Development Regions,
Tourism Areas and Tourism Centres
ARTICLE 4 - In the determination of cultural and tourism preservation
and development regions, tourism areas and tourism centres, account shall be
taken of the natural, historical, archaeological and socio-cultural tourism
assets of the country and her potential for winter, hunting and water sports,
for health tourism and for other types of tourism.
Procurement of Certificate
ARTICLE 5 -
a) It shall be compulsory to procure either a tourism investment certificate
or a tourism establishment
certificate in order to benefit from the incentives, exceptions, exemptions
and rights prescribed in this law and other enactments.
b)Investments with certificates shall commence, be completed and be put into
operation within the
periods of time specified by the Ministry. However, such periods may be extended
in cases of circumstances of force majeure acknowledged by the Ministry.
Preservation and Utilisation of Natural Tourism Resources
ARTICLE 6 - Such structures and facilities as may contribute to the
preservation and utilisation, in the interests of the public, of state-owned
and controlled sites may be constructed and operated in cultural and tourism
preservation and development regions and tourism centres in accordance with
the land use plans, subject to the conditions outlined in article 8 below and
wihout the need to have a title deed, provided, however, that the certificates
referred to in article 3 hereof have already been obtained.
Other structures, buildings and facilities may also be constructed and operated,
in the interests of the general public subject to the prior permission of the
Ministry, in state-owned and controlled sites in cultural and tourism preservation
and development regions and tourism centres, provided that such structures,
buildings and facilities shall not disrupt the
natural and cultural features of the region or harm tourist enterprises, and
that they conform to the land use plan.
Seas, lakes and streams and their shores and banks may not be exploited in such
a way as may spoil or destroy their characteristics. The exploitation of such
resources, for example through extraction of sand, gravel and rocks, shall be
conditional upon obtaining the permission from the Ministry, subject to prior
approval of the Turkish Naval Forces Command pursuant to Law no 1738 concerning
Navigation and Hydrographical Services.
ARTICLE 7 - Within the cultural and tourism preservation and
development regions and tourism centres, The Ministry is authorised to make
or to get made, to modify and to approve sua sponte, the plans of all scales.
To provide the base for infrastructure and planning process of the cultural
and tourism preservation and development regions and tourism centres done by
the Ministry, the information, documents and comments requested from the other
public institutions and organisations shall be presented within a period of
3 months. The related works and transactions shall be realised sua sponte by
the Ministry if the requested information, documents and comments are not submitted
following the expiry of this period.
In the cultural and tourism preservation and development regions and in tourism
centres; the sales, allocations, leases, operations related to border announcements
and their modification which will be carried out by other public institutions
and organisations and the structural projects which create environmental effects,
are subject to the approval of the Ministry in advance.
The related principles and procedures regarding the implementation of this
Article is regulated by the by-law which will be issued by the Ministry.
Use of Immovable for Tourism Purposes
ARTICLE 8 - A) Of the immovable in such places falling within tourism
areas and tourism centres as have been allocated for tourism at the request
of the Ministry and for which land use plans have been prepared:
(1)Forests and those owned by the Treasury shall be allocated to the Ministry
by the institutions concerned.
Such allocations shall be completed after the completion of the following formalities
and within one month of the date of the request:
(a) Sua sponte registration of roads and excess roads covered by lands owned
or controlled by the State but not yet registered in the name of the Treasury;
b) Allocation of forests for tourism and amendment of management plans thereof.
2) Those owned by public organisations shall be registered with the Land Registry
in the name of the Treasury and allocated to the Ministry within not more than
two months of the date of demand. Conditions and terms of payment relating to
such assignments shall be agreed upon by and between the
Ministry and institutions concerned in accordance with article 30 of Expropriation
Law no. 6830.
3) Those owned by other real or legal persons and by foundations but which do
not have a tourism establishment certificate shall be expropriated and registered
with the Land Registry in the name of the Treasury by the Ministry and shall
be transferred, within one month of such registration, to the Ministry. In
the event of any disputes, litigation and proceedings shall be carried out and
concluded not on the grounds of the expropriation decision but on the grounds
of the price assessed therefore. The fact that a dispute may not have been settled
shall not prevent the land in question from being allocated for use for tourism
(B) The Treasury shall not demand any payment from the Ministry until such time
as immovable allocated in accordance with paragraph (A) above are transferred
to the investors.
C) Principles, terms and prices to apply to the allocation and lease of such
immovable to investors, the establishment of easement and termination of rights
thereon and other conditions relating thereto shall
be laid down jointly by the Ministry, the Ministry of Finance and the Ministry
of Agriculture and Forestry, which shall be under no obligation to comply with
the provisions of Tendering and Bidding Law no. 2490 and Forestry Law no. 6831,
D) In accordance with the provisions of the paragraph C above, the Ministry
is authorized to allocate the immovable properties to real and legal entities
of Turkish and foreign nationality.
To institute the rights of easement, including autonomous and permanent right
of construction on these immovable properties, and among those rights required
for infrastructure, establishing the unpaid easement in favour of the public
institution which will realise the infrastructure, will be established upon
the approval of the Ministry, by the Ministry of Finance on the conditions determined
by this Ministry.
E) The acquisiton of immovable in cultural and tourism preservation and development
regions and tourism centres may be exempted, by
decision of the Council of Ministers, from the restrictions on foreign nationals
imposed by Villages Law no 442 and Real Estate Law no. 2644.
F) The provisions of this article shall also apply upon the Ministry's request
to immovable at such places within the cultural and tourism preservation and
development regions but outside the tourism areas and tourism centres as are
allocated to tourism by the land use plans of the locality if and when an application
is filed with the Ministry for an investment in such places.
G) Tourism, training and recreation enterprises and allocations on the lands
which belong to the public institutions within the cultural and tourism preservation
and development regions and tourism centres are abolished by the administration
that has assigned the allocation, upon the proposal of the Ministry, with the
approval of the Ministry of Finance and its disposal rights are granted to the
H) The whole of the cultural and tourism protection and development region,
or sub-region defined by plans or one or more of their plots can be allocated
by the Ministry in accordance with the purpose of the plan. The allocation of
the whole region or the sub-region to a main investor is put in force by the
decision of the Council of Ministers and pre-permission is given to this investor
by the Ministry. In case of approval of the project of the investor by the Ministry,
following the arrangement of the investment license, the pre-permission is turned
into the final permission by the Ministry.
In favour of the main investor, the rights of easement including the autonomous
and permanent right of construction for the immovable properties, is established
by the approval of the Ministry under the conditions determined by the Ministry
of Finance and realised by this Ministry.
The land use plans for the whole region or the sub-regions, are made/get made
and approved by the Ministry. The plots formed by these plans, provided that
it is foreseen in the allocation agreement and do not exceed the allocation
period; can be leased, can get managed or the right of construction established
in the Land Registry can be transferred to the third bodies by the investor
to whom the right of the autonomous and permanent right of construction have
been established. Every kind of building, establishment and also their independent
parts constructed in the areas, allocation of which is established in the mentioned
way are subject to the same procedure. Obtaining investment and establishment
licences for the types and establishments, which can be licensed by the Ministry
in these areas are compulsory.
The main investor is responsible for fulfilment of the obligations of the third
bodies rising from the allocation agreement and its conditions. In case of the
fact that the actions and operations of the main investor and third bodies contradict
with the provisions related to the cancellation of the allocation mentioned
in the agreement which will be signed between the Ministry and the related public
institutions/organisations, the allocation established to the main investor
and /or third bodies is abolished by the way it is allocated. In case of the
cancellation of the allocation assigned to the main investor, the rights of
the third bodies who fulfilled the liabilities according to the allocation agreement
are protected. The guarantee which is the proportion of the project price defined
in the allocation agreement will be given by the main investor to the Ministry
before the final allocation. In case of impairment of the social and technical
infrastructural obligations mentioned in the allocation agreement by the main
investor, these obligations will be implemented by the Ministry through procedures
determined by the Ministry by turning this guarantee into cash money. The responsibility
of the Ministry towards the third bodies is limited with this guarantee.
I) The construction, establishment and auxiliary buildings situated on the
land whose allocation is cancelled or allocation period is over are passed to
the Treasury without consideration. The investor may not claim any right or
payment for these.
The Ministry can demand the construction of the social and technical infrastructure
services that will be realised on the allocated areas, as a whole or in part,
or request the investor to cover the cost, as the allocation condition.
J) The urgent expropriation may be realised in accordance with Article 27 of
Expropriation Law No. 2942, for the purpose of allocating the lands and plots,
qualified as private properties within the Cultural and Tourism Protection and
Development Regions, for tourism investments. The immovable properties which
are expropriated in this way are registered in the name of Treasury in the Land
Registry. The right of easement on these expropriated immovable properties including
autonomous and permanent right of construction will be established for the sake
of the investors for the period defined in the agreement and in return of its
value if the expropriated costs are covered by the budget of the Ministry or
with the costs which will be determined in accordance with the principles set
forth in the agreement if it is covered by the investors, upon the approval
of the Ministry, by the Ministry of Finance and in accordance with the principles
determined by this Ministry.
K) The areas belonging to the same investor or enterprise or using the brand
name of the same enterprise can be rented, can get managed, or the right of
construction established in the Land Registry can be transferred to the third
bodies by the investor, in the name of whom more than one allocation has been
made and in favour of whom autonomous and permanent right of construction has
been established in order to realise tourism types which shall be licensed by
Ministry, provided that each of these allocations remain in the same enterprise
L) The principles and the procedures concerning the implementation of this
article are governed by the regulation issued by the Ministry, within the framework
of the paragraph (C), encouraging the direct foreign capital investment, bringing
in the international brands, chains, technology and the standards to the country,
effective area management, quality control and taking into consideration the
sustainable tourism principles in compliance with social, cultural and physical
ARTICLE 9 -
(a) Infrastructural requirements of tourism areas and tourism centres, such
as roads, water supply, sewage, electricity and telecommunication facilities,
shall be completed by the public organisations concerned on a priority basis.
Allowances allocated by the Ministry or organisation concerned to this end may
not be utilised for other purposes without the prior consent of the Ministry.
(b) Public organisations shall not programme any investments directed towards
tourism operations without the prior consent of the Ministry.
ARTICLE 10 - General principles concerning the preparation and approval
of lists of prices to be charged by certified establishments shall be set out
by the Ministry. Such establishments shall submit to the Ministry not later
than the end of July each year the price lists they plan to implement during
the following calendar year.
Certified establishments may not charge prices other than those given in the
lists approved by the Ministry. Such establishments shall post the approved
lists in easily visible places in accordance with the principles set out by
the Ministry and shall present them upon request.
ARTICLE 11 - Investors and operators holding tourism certificates shall
obtain the prior permission of the Ministry for any transfer or leasing out,
in part or in whole, of the establishment with which the certificate is concerned
and for any amendment, in part or in whole, of the ownership structure and field
of activity of the establishment; it shall be a condition of any such amendment
that the establishment shall continue to be a tourist establishment.
Furthermore, investors holding tourism certificates shall, during the investment
period, notify the Ministry twice a year of the progress of their investment,
while establishments holding tourism certificates shall submit data to be used
in the determination of Turkey's tourism figures to the Ministry on a quarterly
Triptyques or Carnet de Passage Services:
ARTICLE 12 - (Rescinded by Law no 2817, dated 18.4.1983)
Principles and Provisions Concerning Incentives
Principles of Encouragement and Co-ordination
ARTICLE 13 - Incentives in the tourism sector, and procedures
and principles concerning the ways in which tourism investments and establishments
may benefit from such incentives shall be specified jointly by the ministries
concerned and the Undersecretariat for the State Planning Organisation under
the co-ordination of the Ministry.
Priority for investments shall be, in descending order: tourism areas, tourism
centres, cultural and tourism preservation and development regions and other
sites designated by the Ministry.
Of the certified tourism establishments, those earning foreign exchange in the
amounts that are specified annually by the Ministry for this purpose shall be
regarded as exporters.
ARTICLE 14 -
(a) Tourism loans shall be allocated, on a priority basis, to investments made
in tourism areas and tourism centres.
(b) The Tourism Bank Inc. of the Republic of Turkey may obtain foreign currency
loans from foreign sources for allocation to certified investments in tourism
areas and tourism centres .
The terms and conditions agreed upon for the loans made available by the Treasury
shall also apply to loans obtained in this way, and general principles concerning
the allocation and repayment of such loans shall be established jointly by the
Ministry, the Ministry of Finance and the Undersecretariat for the State Planning
Payment of Contributions to Forestry Fund in Instalments
ARTICLE 15 -The sum payable by certified tourism establishments located
in forests pursuant to paragraph (c) of supplementary article 3 of Forestry
Law no 6831 shall be paid, starting in the third year of allocation, in five
equal instalments over a period of five years.
Rates of Utilities
ARTICLE 16 - (Amended: Law No. 3754) Certified tourism investments
and establishments shall pay for utilities such as electricity, gas and water
at the lowest of the rates that apply to the industrial facilities and homes
in the locality.
ARTICLE 17 - Any and all procedures and allocations in connection with
requests of certified tourism investments and establishments for telephone and
telex facilities shall be carried out on a priority basis.
Employment of Personnel
ARTICLE 18 -
(a) Certified tourism establishments may employ qualified foreign personnel
and experts with the approval of the Ministry and the Ministry of Interior,
and provisions of Law no 2007 concerning the Trades and Services to be Performed
in Turkey by Turkish Citizens shall not apply to such personnel.
However the total number of foreign personnel so employed may not be higher
than 10% of the total number of employees. This ratio may be increased to up
to 20% by the Ministry. The personnel in question may start working at the establishment
3 months prior to the date when it commences commercial operations.
(b) The employment of personnel aged under 21 at certified tourism establishments
and covered by Law no 2559 concerning the Duties and Powers of the Police shall
be subject to the prior permission of tne highest civil authority of the locality.
Sale of Alcoholic Beverages and Games of Chance
ARTICLE 19 -
(a) Certified tourism establishments shall be exempt, subject to the permission
of the Ministry, from the provisions of article 178 of Public Health Law no
1593 and of article 61 of Elementary Training and Education Law no 222 which
concern the sale of and licences for alcoholic beverages.
Minors aged under 18 may, if accompanied by their parents, be admitted into
certified tourism establishments under Law no 2559 concerning the Duties and
Powers of the Police on condition that the Ministry has granted prior permission
to this effect.
(b) The Ministry shall be authorised to designate gambling places and to grant
permission to the persons that are to operate such places provided that such
places are complementary to certified tourism establishments. The Ministry shall
decide who, other than those holding foreign passports, may be admitted
into such places and under what conditions.
Official Holidays, Weekends and Lunchtimes
ARTICLE 20 - Certified tourism establishments and sales stands exclusively
for the sale of services under such certificates shall, during the working hours
specified in the certificate issued by the Ministry, maintain their operations
throughout official holidays, weekends and lunch times.
Tourism Development Fund
ARTICLE 21 - A "Tourism Development Fund", attached to the
Ministry, is hereby established for the purpose of supporting tourism investments
to be made in cultural and tourism preservation and development regions and
tourism centres with loans with maximum repayment periods of 20 years for up
to 15% of the total investment cost and expenditures on the development of foreign
Revenues of the Fund
ARTICLE 22 - Revenues of the Tourism Development Fund shall be composed
(a) Annual appropriations allocated from the Ministry's budget for this purpose;
(b) That portion of the profits of the Tourism Bank Inc. of Turkey that corresponds
to the Treasury's share;
(c) Interest on loans to be extended out of the Fund;
(d) A certain share, to be fixed by tbe Council of Ministers, of the revenues
derived from triptyques or customs pass cards (camets de passage); (*)
(e) Fines to be imposed on tourism establishments in accordance with this Law;
(f) Service participation revenues and other aids and donations.
Use of the Fund
ARTICLE 23 - The Tourism Development Fund shall be utulised by the
Tourism Bank Inc. of the Republic of Turkey.
Expenditures to be made out of this Fund shall not be subject to the provisions
of General Accounting Law no 1050 and Tendering and Bidding Law no 2490.
The authority to make payments out of the Fund shall belong to the Minister
of Culture and Tourism.
The fund shall be subject to auditing by the Ministry of Finance.
Provisions as to Incentives in the event of Transfer
ARTICLE 24 - Those taking over the certified tourism investments and
establishments on the condition that the purpose and nature thereof are not
affected by such transfer shall benefit, subject to the prior permission of
the Ministry, from the same incentives.
Incentives in the Event of Termination of Tourism Activities
ARTICLE 25 - In cases where certified tourism investments and establishments
may terminate their tourism activities and not resume such activities within
a one-year period, they shall be liable, pursuant to the provisions of relevant
enactments, to repay the monetary equivalent of the exemptions, exceptions and
rights to which they became entitled under the incentive arrangements.
If, however, establishments terminate their activities by reason of circumstances
of force majeure such as war, natural disasters and epidemics, the Ministry
may waive their obligations of repayment, subject to the approval of the Ministry
of Finance and the Undersecretariat for the State Planning Organisation
Operation of Marinas
ARTICLE 26 - Real or legal persons may operate marinas subject to the
obtention of the necessary certificate from the Ministry. However, in operations
to be established by foreigners, at least one of the shareholders in such undertaking
must be a real or legal persons of Turkish nationality.
ARTICLE 27 -
(a) Real or legal persons may operate yachts subject to the obtention of the
necessary certificate from the Ministry. The Ministry shall be authorised to
grant permission, without having to comply with the provisions of article 823
of Turkish Commercial Law No. 6762, to hoist the Turkish Flag on those yachts
which are otherwise unable to do so.
(b) Principles concerning the use of foreign-flag yachts along the Turkish coasts
and between Turkish harbours shall be determined by the Council of Ministers
as may be required.
Principles of Navigation in Territorial Waters
ARTICLE 28 -
(a) Yachts coming in from foreign harbours to Turkish harbours and yachts leaving
Turkish territorial waters en route to foreign harbours shall have to make their
entry and exit through designated customs entry and exit points.
(b) Statements made and procedures fulfilled in accordance with the provisions
of Articles 34, 35 and 41 of Customs Law No. 1615 by foreign-flag yachts coming
in from foreign harbours or spending the winter in Turkey at the first harbours
they call at or the last harbours at which they lay anchor for winter shall
count as valid at any other Turkish ports they may subsequently call at.
(c) Sanitary formalities carried out on yachts at any Turkish port shall remain
valid for a period of one year and visas shall not be required of such yachts
unless they call at a foreign port. However the nearest harbour administration
or civil authority shall be informed immediately in the case of any death or
the outbreak of any contagious disease.
(d) Foreign-flag yachts and yachts used by foreign nationals may in regions
determined and announced by the Council of Ministers with the agreement of the
Turkish General Staff:
(i) cruise on routes shown in their cruise documents, and
(ii) call and anchor at harbours along the route where there is no customs office,
without any restrictions for sight-seeing purposes.
Duration of Stay in Turkey of Yachts and Cabotage Rights
ARTICLE 29 - Foreign-flag yachts may stay up to two years in Turkey
for maintenance, repair, docking or wintering purposes. This period may be extended
in accordance with principles to be determined by the Council of Ministers.
Turkish-flag yachts of certain specifications, to be determined jointly by the
Ministry of Transport and Communications and the Ministry, may be chartered
to foreign nationals for such purposes as excursion, sport or entertainment.
The use of yachts so chartered for commercial purposes is forbidden.
The use of foreign-flag yachts for excursion, sport and entertainment purposes
shall not be regarded as commercial passenger transportation.
Inspection and Penalties
Authority for Inspection
ARTICLE 30 - (Amended: Law No. 3492) The Ministry shall be exclusively
authorised to inspect investments and establishments holding tourism certificates,
to check those characteristics of such investments and establishments on the
basis of which certificates are issued and to establish whether they maintain
such characteristics as well as to categorise such establishments.
If the Ministry deems it necessary, matters on the basis of which inspections
and classifications are to be made may be determined by real or legal experts
designated by the Ministry. However, the Ministry shall take and implement any
and all decisions based on such examinations. The qualifications of the experts,
the principles and procedures for designating them, their functions and powers
and the principles concerning the conduct of their examinations shall be specified
in a regulation.
In cases when it so deems necessary, the Ministry shall also have examinations
carried out on its behalf in accordance with the principles set forth above,
to serve as the basis for inspections of investments and establishments not
holding tourism certificates, in which case it shall inform the relevant authorities
so that appropriate action may be taken.
Fees payable to experts to be appointed from outside the Ministry shall paid
out of the Tourism Development Fund.
ARTICLE - 31
(a) Without prejudice to any penalties that may be imposed under other legislation,
certified tourism investments and establishments failing to comply with the
provisions hereof or the conditions laid down in the regulations concerning
the enforcement of this Law shall be liable to the penalties described below.
(b) The fines referred to in article 33 below shall be assessed by the inspection
officials and copies of minutes indicated the fine imposed shall be forwarded
to the establishment in question and to the nearest
tax office in order to ensure payment thereof within 7 days.
Fines remaining unpaid within this period of time shall be recovered pursuant
to the provisions of Law no 6183 concerning the Procedure of Payment of Public
No objection raised or litigation entered into against such fines shall serve
to halt the collection thereof.
ARTICLE 32 - Holders of tourism certificates may be warned either by
the inspectors or by the Ministry on account of faults, failures and deficiencies
observed in the management and administration of the tourism investments and
Fines (The fines applicable
in cases indicated in Article 33 were increased by 100% by Council-of-Ministers
decision 85/9621 of 27 June 1985. The fines envisaged by Articles 33 and 36
are increased every year under Laws 3506 and 3591 of 7 December 1988 and 6 December
ARTICLE 33 - Fines shall be imposed on the certificate holders,
in the cases and amounts given below :
a) A fine of five hundred million Turkish Liras in cases when required corrective
action has not been taken despite a warning or when more than one act is noted
or when information required to be reported to the Ministry is not furnished
in time or when misleading information is furnished.
b) A fine of five hundred million Turkish Liras when a part or the whole of
the establishment is kept closed continuously for a period of more than thirty
days in a year without informing the Ministry.
c) A fine of one billion Turkish Liras in cases when the Ministry or the customers
are misled by means of written material, advertisement, posters, brochures and
similar devices or using deceptive title or when the committed service is not
given to the customer or negligence of same or when the same service which is
provided to be given in another establishment with at least equivalent qualification
is not offered. Provisions of specific legislation are reserved.
d) A fine of one billion Turkish Liras in cases where it is established that
offence has been committed on the premises with the involvement, fault or negligence
of the proprietor or the person in charge or the personnel, regarding the protection
of either personal security or the security of the property of the customer.
e) Provided that the provisions of specific legislation related to the investments
and establishments allocated by the Ministry are reserved, a fine of one billion
Turkish liras in cases of transferring of whole or part of investment or enterprise,
rent or changing partnership statute, title or type without permission.
f) A fine of 20 times the excess amount charged when amounts have been charged
in excess of the price indicated in approved price lists.
Excluding the fines applied in accordance with the paragraph f; within one
year following the notification of a fine, in the case of a second fine due
to an occasion calling for a fine, an amount equivalent to the total of the
first and the second fines will be levied, and if another act calling for a
fine is occurred for the third time, a fine equivalent to the total of the first,
the second and the third fines will be levied.
Cancellation of Tourism Investment or Tourism Establishment Certlficate
ARTICLE 34 - Tourism Investment or Tourism Establishment Certificate,
a)Determining an act which requires a fine fourth time within one year,
b)Operation against the establishment types which can be licensed or termination
of the tourism activity of facilities or upon the demand of the certificate
c)Occurrence of the circumstances referred to in paragraph (d) of the Article
33 and where keeping such an establishment open may be inconvenient for Turkish
tourism and personal security,
d) When it is determined that the quality of the facilities has been downgraded
significantly, whether from the point of view of the tourism operation or from
that of public health standards,
e)When the facilities have ceased to possess the qualities required for certification,
during the investment or operation phase,
Shall be cancelled by the Ministry in any of these cases.
Objections to and Litigation against Penalties
ARTICLE 35 -
a) Warnings issued in accordance with the present Law shall be final.
b) Objections to fines imposed by inspectors may be raised within seven days
by petitioning the Ministry.
Upon receipt of such a petition, the Ministry shall make its final decision
either to approve, to adjust or to cancel the penalty within a month at most.
c) Files for annulment of decisions of the Ministry concerning fines and for
annulment of other penalties may be lodged with the administrative courts of
the place where the certified establishment is located.
ARTICLE 36 -
a) In the event of any violation of the provisions of article 6 hereof, a term
of imprisonment of three to eighteen months or a heavy fine of fifty thousand
to one hundred thousand Turkish Lira or both shall be imposed;
b) Those who violate paragraph 2 of article 29 hereof shall be liable to a heavy
fine of fifty thousand to one hundred thousand
The fine shall be doubled in the event that the violation is repeated.
ARTICLE 37 - Regulations govering the following shall be issued within
one year from the publication of this Law:
A) Matters to be governed by regulations to take effect upon decrees of the
Council of Ministers :
1) Matters concerning the formation of work groups to designate cultural and
tourism preservation and development regions, tourism areas and tourism centres
and the functions, powers and procedures of these groups and their relations
with the Ministry;
2) The issue of tourism investment and tourism establishment certificates, the
nature of the management, personnel and operation of the establishments concerned
and the physical conditions with which these are to comply;
3) Matters pertaining to the inspection of certified tourism investments and
establishments in respect of the qualities on the basis of which the certificate
has been issued, of their price lists, cleanliness, orderliness, services, management
and administration and of other points including the questions of human
and environmental health and security of persons and property, and pertaining
to the qualifications, appointment and powers of inspectors;
4) Matters pertaining to the operation of marinas and yacht charters and to
the implementation of articles 28 and 29 hereof.
B) Matters to be governed by regulations to be prepared by the Ministry in conjunction
with various other ministries as follows:
1) With the Ministry of Finance:
a) Matters concerning the collection and deposition with the Tourism Development
Fund of fines imposed thereunder;
b) Matters relating to the utilisation and auditing of the Tourism Development
2) With the Ministry of Interior: Matters pertaining to the employment of foreign
nationals in certified tourism establishments as exempt from the provisions
of Law no. 2007 concerning the Trades and Services to be Performed in Turkey
by Turkish Citizens.
C) Matters to be governed by regulations to be prepared by the Ministry:
1) The respective rights and obligations of those holding tourism certificates
in their relations with the Ministry, each other and their customers and the
conditions with which they shall be obliged to comply in such relations;
2) Principles and procedures pertaining to the penalties and fines imposed thereunder,
the composition of boards at the Ministry to be in charge of taking decisions
as to penalties and matters conceming the implementation of penal clauses;
3) Other matters that may be required for the enforcement of this Law.
ARTICLE 38 -
Law no 6086 concerning the Encouragement of the Tourism Industry (..........)
is hereby rescinded. (The provision that was contained
in the space marked ( ) in Article 38 above and that concerned Article 12 of
the Customs Law 1615 was abolished by Article 54 of Law 2817 of 18 April 1983.)
Interim Article 1 - Tourism establishment construction certificates
and tourism establishment operation certificates issued under Law no. 6086 concerning
the Encouragement of the Tourism Industry must be replaced within three years
of the date of entry into effect of the regulation referred to in paragraph
(A-2) of Article 37 hereof. Formalities conceming such replacement shall be
exempt from any and all stamp duties, taxes and fees.
Interim Article 2 - (Repealed by Law No. 2817, dated 18.4.1983)
Interim Article 3 - The supreme Board of Co-ordination of Tourism
shall be authorised to declare tourism areas and tourism centres for the purpose
hereof until cultural and tourism preservation and development regions, tourism
areas and tourism centres are announced in accordance with the principles set
forth in articie 4 and paragraph (A) (1) of Article 37 of this Law.
Interim Article 4 - Yachts may have and use wireless equipment
on board in accordance with principles to be decided upon jointiy by the Turkish
General Staff, the Ministry of Transport and Communications and the Ministry,
until such time as new arrangements are made in this connection in Law of Radio
Communications, No. 3222.
Interim Article 5 - Regulations issued under the Law 6086 concerning
the Encouragement of the Tourism Industry and provisions of articles 11, 12
and 13 of the same Law not contradicting this Law shall continue to be operative
until the regulations to be issued thereunder take effect.
Interim Article 6 - The carrying out of decisions to demolish
structures falling under articie 6 hereof shall be postponed until the end of
the year 1982 in connection with facilities owned by establishments holding
tourism certificates and operating in areas owned or controlled by the State.
Interim Article 7 – The tourism regions, tourism areas
and tourism centres that have been determined and declared before the issuing
date of this Law are in force and these region, area and centres are subject
to the principles which will be implemented for “cultural and tourism
preservation and development regions” and "tourism centres ”.
Interim Article 8 - The works and transactions related to
the plans directed to the Ministry of Public Works and Settlement for approval
before the publication of this Law, are completed and approved by the Ministry
of Public Works and Settlement.
Supplementary Article l - (Amended by Law no 3487, dated 27.10.1989)
Without prejudice to rights previously granted and currently being exercised
and rights entered into the land registry, hot and cold mineral springs resorted
to for cures shall be transferred to tourism investors pursuant to the provisions
The powers of the authorities referred to in Law 927 dated 10 June 1926 and
in article 2 of Law no 4268 dated 17.6.1942 as amended by Law no 6977 dated
24 May 1957 shall belong to the Ministry, provided that such powers shall be
restricted solely to the tourism areas and tourism centres indicated. However,
dividend and duty entitlements of provincial administrations shall be reserved.
Those beneficiaries who are not making full use of resources allocated to them
in tourism areas and tourism centres may continue to make use of such resources
if they submit to the Ministry a statement confirming their commitment to make
full use of such resources, accompanied by their plans and projects in this
regard, within one year of the date of entry into effect of a regulation to
be issued pursuant to this Law and if such plans are approved by the Ministry.
Otherwise, excess amounts of the spring used shall be made available to those
willing to operate such spring waters.
A regulation to be issued by the Ministry in conjunction with the Ministry of
Health and Social Welfare and the Ministry of Energy and Natural Resources shall
lay down principles for the determination of excess amounts of spring waters
used by real and legal persons, that hold a right to operate water springs resorted
to for cures, the manner and conditions of operation of excess spring waters
not used, the exploitation of newly discovered spring waters, and the regulation
of relations with other beneficiaries in this connection.
Supplementary Article 2 - (Supplemented by Law 3754 of 30 May
1991) Caravans and motorcaravans owned by foreigners who have entered Turkey
may remain in Turkey for up to 2 years for maintenance, repair and wintering
purposes, and their owners may leave Turkey by other means.
Procedures and principles concerning the utilisation and stay of motorcaravans
and caravans ovned by foreigners that are permitted to spend the winter in places
and warehouses designated for this purpose shall be set out in a regulation
by the Ministry of Tourism after obtaining the opinion of the Ministry of Finance.
Supplementary Article 3 - (Supplemented by Law 3754 of 30 May
1991) While making arrangements and taking measures to regulate and develop
the tourism sector and to give the sector a dynamic structure and mode of operation,
the Ministry shall take all measures to assist in the formation of professional
bodies with the status of public organisations related to the sector.
Supplementary Article 4- Regarding the places outside the
cultural and tourism preservation and development regions and tourism centres;
at places that are considered as the State Forest according to the Forest Law
No: 6831 and at places that have been designated and declared for land allocation
on tourism investments according to the Law on National Parks No: 2873 and regarding
the decree law No: 383 on Establishment of the Institution of Private Environment
Protection, land allocation for tourism investment will be done by the Ministry
after obtaining the approval of Ministry of Environment and Forestry.
The pastures that are situated within the cultural and tourism preservation
and development regions are subject to and bound by the aim of use implemented
through the decisions related to land use plans. The qualifications of these
areas are modified and registered in the name of the Treasury.
Entry into Effect
ARTICLE 39 - This Law shall enter into effect on the date of its publication.
ARTICLE 40 - This Law shall be executed by the Council of Ministers.