THE COMMUNIQUÉS ON IMPORT AND EXPORT OF DEVICES WITH ELECTRONIC IDENTITY HAS RECENTLY PUBLISHED IN OFFICIAL GAZETTE!(JUNE 2019)

The Ministry of Trade (“Ministry“) has regulated new regulations on foreign trade transactions as part of the import and export of devices with electronic identity. The Communiqué on Import of Devices with Electronic Identity and the Communiqué on the Export of Devices with Electronic Identity (“Communiqués“) have been published in Official Gazette numbered 30805 on June 18, 2019. The Communiqués will enter into force 20 days after the publication date.

The Communiqués regulate the procedures and principles regarding the Information Technologies and Communication Authority’s (“ITCA“) electronic system for  import and export of devices with electronic identity. Accordingly, the applications for conformity control and approval of devices which have International Mobile Equipment Identity (“IMEI”) will be made through “Single Window System” (“SWS”) to be conducted by Ministry.

Prior to exportation or release of such devices into free circulation, the transactions, approvals and registration procedures to be fulfilled by the applicants as per the related Communiques shall be as follows;

  • The application should be submitted to ITCA through SWS for compliance control of the IMEI number.
  • Such application shall be evaluated by ITCA via electronic system. In case the result of the above-mentioned control of compliance is positive, the conformity letter shall be prepared and recorded to the system.
  • The conformity letter shall be issued considering the data (consistency of the IMEI number of the devices with the brand and model information, status of the device -whether the device has been stolen/lost or not) of Global System for Mobile Communications Association. Addition to this, provisions of the Regulation on Record of Devices with electronic identity shall also be considered.
  • The IMEI number of devices shall be recorded to the system. The conformity letters are required for registration of customs declarations to be made by Customs Authority.

Besides, fulfillment of the required process as part of the Communiqués on the import and export of such devices is at own responsibility of the exporter and importer. In this context, the Customs Administration will not investigate whether the goods subject to export or import have IMEI or not number except mobile phones. In case any breach of the provisions Communiqués is determined by the Customs Authority, the holder of the customs declaration shall be directly held responsible.

The conformity letter of ITCA shall not supersedes any certificates or permits required to be obtained under Regulation on Product Safety and Inspection or other legislation.

Consequently, all companies importing or exporting devices with the IMEI number must fulfill the requirements of the Communiqués and should not initiate custom transactions without conformity letter to be issued ITCA for such devices.