On December 12, 2023, through the Official Gazette No. 32397, the Ministry of Transport and Infrastructure of the Republic of Turkey published the **Amendment to the Regulation on the Transition of Vessels Registered Abroad or Under Foreign Flags to the Turkish Flag** (Regulation No: 2017/3). This publication introduces changes, including the addition of a transitional provision to the aforementioned Regulation No. 2017/3.
Before explaining the transitional provision, a general framework of Regulation No. 2017/3 should be outlined.
Regulation No. 2017/3 aims to facilitate the entry of yachts, motorboats, ships, passenger ships, and recreational vessels owned by real and legal persons registered abroad or flying a foreign flag into free circulation for registration or certification purposes. This regulation applies to yachts, motorboats, ships, and recreational vessels under Customs Tariff Codes 8901.10.10.00.11, 8901.10.90.00.11, and 89.03 of the Turkish Customs Tariff. It was enacted by the Ministry of Transport and Infrastructure based on the authority granted by the **Decree-Law No. 655 on the Organization and Duties of the Ministry of Transport, Maritime Affairs, and Communications**. With the implementation of Regulation No. 2017/3, the **Regulation on the Importation of Ships and Inland Waterway Vessels Owned by Turkish Nationals but Flying Foreign Flags (Regulation No: 2009/3)**, published in Official Gazette No. 27327 on August 22, 2009, was repealed.
Regulation No. 2017/3 defines the import and registration conditions that must be met by port authorities for yachts, motorboats, ships, passenger ships, and recreational vessels flying foreign flags or located abroad. In this context, after the issuance of the vessel registration certificate, **the boat owner(s) is/are responsible for having the measurement process done in accordance with national regulations within a maximum of 1 (one) year**. The new transitional provision, added today, stipulates that the registration and certification of the vessel can be carried out at the request of one of the boat owners, with subsequent customs procedures completed within sixty days following the notification of registration and certification by the port authorities. This notification will replace the documents required under the Import Regulations.
Under the amendment to Regulation No. 2017/3 published in the Official Gazette on December 12, 2023, no fundamental changes were introduced to the existing provisions. **The amendment simply added a transitional provision**, which will take effect as of December 12, 2023.
“Transitional Provision”
TRANSITIONAL ARTICLE 1- (1) Applications will not be accepted under this Regulation after the date of publication of this article.
(2) Applications made to Regional Port Authorities/Port Authorities before the publication of this article and currently under process will be concluded by December 31, 2023.
The transitional provision added to Regulation No. 2017/3 with the Amendment Regulation effectively closes the door for new applications under the scope of the Regulation from December 12, 2023. Therefore, applications for the registration or certification of vessels owned by real and legal persons located abroad or flying foreign flags for entry into the Turkish Ship Registry or free circulation will **no longer be considered** after this date.
The second paragraph of the transitional provision indicates that applications submitted to Regional Port Authorities/Port Authorities before the publication date of the transitional provision will be completed by **December 31, 2023**. This ensures that the new regulation will be implemented effectively by the end of the year.
The provisions of the Regulation will be executed by the Minister of Transport and Infrastructure.
- As of December 12, 2023, you can access the Official Gazette No. 32397 here, and the **Amendment to the Regulation on the Transition of Vessels Registered Abroad or Under Foreign Flags to the Turkish Flag (Regulation No: 2017/3)** here.
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