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, the “Communiqué”) 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;
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”)
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.
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