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COMMUNIQUÉ REGARDING THE NOTIFICATIONS TO BE SERVED ABROAD

The Communiqué on the Procedures and Principles To Be Followed in Foreign Notifications and Letters of Request (Rogatory Requests) (in Turkish “Yurt Dışı Tebligat Ve İstinabe Taleplerinde Uyulmasi Gereken Usul Ve Esaslara Dair Tebliğ, theCommuniqué”) was published in the Official Gazette numbered 32050, dated 21 December 2022, entering into effect on 1 January 2023.

The procedures and principles set forth in the Circulars numbered 63/2 and 63/3 (in Turkish, “Hukukî Konularda Uluslararası İstinabe Taleplerine Uygulanacak Esaslar (Tebliğ No: 63/2) ve Hukukî Alanda Uluslararası Adli Tebligat İşlemleri (63/3) issued by the Justice Ministry (the “Ministry”) on this subject and entered into force on 16 November 2011 are taken into consideration in foreign notification and rogatory requests.
Recent amendments stipulated by the Communiqué are as follows;

1. Postage Expenses
The Communiqué regulates that in each notification or request implemented by the the Ministry or foreign representations such as Turkish Consulates, a postage expense of TRY 120 for the Turkish Republic of Northern Cyprus and TRY 200 for other countries will be charged.
2. Notification Requests According to the Communiqué
In case of a notification request to be made pursuant to Article 25/a of the Notification Law numbered 7201 dated 11 Febraury 1959 (in Turkish, “Tebligat Kanunu”, the “Law“), the following shall apply:
i. the postage expense must be deposited by the relevant party to the “Miscellaneous Revenues” account of the Ministry of Treasury and Finance; and
ii. the receipt sample must be attached to the document to be sent to the foreign representative to which the document will be forwarded or the date and number must be specified in the dispatch letter (in Turkish, “sevk yazısı”). In addition, it is stated that it is not necessary to pay postage costs for notification requests that are forwarded directly to the authorities of foreign countries without intermediation from the Ministry or foreign representations and to be made in accordance with Article 25/a of the Law.
In notification requests other than Article 25/a of the Law, it has been arranged that the notifications to be made through the competent authorities of the United States, Australia, Bahamas, Belgium, Estonia, France, Canada, Northern Ireland, Latvia, Lithuania, San Marino, Singapore, Thailand and Greece shall be based on the practices specified separately within the scope of Article 9 of the Law in relation to these countries.

Article 9 and paragraph 3 of the Law provides for France that, on behalf of the “Chambre Nationale des Huissiers de Justice”, the identity of the transferee and the name of the addressee to whom the notification is to be made shall be written together with the file number “BNP Paribas IDF Institutions (02837) RIB: 30004 02837 00011021524 94 IBAN: FR76 3000 4028 3700 0110 2152 494 BIC: BNPAFRPPXXX” and the receipt shall be deposited with the document “Ministère de la Justice Direction des Affaires Civiles et du Sceau Bureau du droit de l’Union,  du droit international privé et de l’entraide civile (BDIP) 13, Place Vendôme 75042 Paris Cedex 01 France”.

3. Letters of Request (Rogatory Requests) (in Turkish, “istinabe talepleri”)

As in the case of notification requests, it is regulated that in each request for an appeal mediated by the Ministry or foreign representations:
i. the postage expense must be deposited by the relevant party into the “Miscellaneous Revenues” account of the Ministry of Treasury and Finance and
ii. the receipt sample must be attached to the document sent to the Ministry or the date and number must be specified in the referral letter written to the Ministry.

In letters of request made for expert review, 300 Euros or its equivalent in Turkish liras shall be deposited as an advance payment to the relevant court, when requested by foreign authorities.
The Communiqué stresses that notifications and letters of request will be served in accordance with the respective country’s procedures.

According to the Communiqué, in all letters of request, a letter of commitment prepared in Turkish (in Turkish, “Türkçe taahhütname”) will be obtained from the relevant person that the expense will be paid if requested by the foreign country’s authority to which the request is made and a copy of the letter of commitment will be attached to the dispatch letter without having it translated.

Our Law Firm remains at your disposal for any further clarifications you may need.       

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