RECENT AMENDMENT ON JEWELRY TRADE REGULATION
With reference to our Newsletter dated 23 November 2021 related with the Regulation on Jewelry Trade (in Turkish, “Kuyum Ticareti Hakkında Yönetmelik”, the “Regulation”) whereby we informed you about the obligation to obtain a certificate of authorization (in Turkish, “Yetki belgesi”) in order to continue to carry out jewelry trade and subsequently, our Newsletter dated 14 January 2022 related with the Amending Regulation on the Regulation on Jewelry Trade (in Turkish “Kuyum Ticareti Hakkında Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik”) which extended the deadline of applying for a certificate of authorization until 30 June 2022, we would like to inform you that the following new amending regulation has been issued by the Ministry of Trade.
The Amending Regulation on the Regulation on Jewelry Trade (in Turkish “Kuyum Ticareti Hakkında Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik”) (the “New Amending Regulation”) has been published in the Official Gazette on 19 March 2022 and entered into force on the same date.
The main requirement as per the Article 6 paragraph 1 and subparagraph (ç) of the Regulation was that at least one full-time employee of the jeweler or jewelry establishment must have the relevant “mastership certificate” (in Turkish, “Ustalık belgesi”) as a necessary condition for obtaining an authorization certificate for jewelry trade. However, the New Amending Regulation provides that the businesses which can provide a “professional competency certificate” (in Turkish, “Mesleki Yeterlilik Belgesi”), instead of the aforesaid mastership certificate, may also obtain a certificate of authorization.
The New Amending Regulation provides the definition of professional competence certificate under Article 4, through adding a subparagraph as;
“(s) The Professional competence certificate: professional competence certificate is a certificate issued by the certification institutions authorized by the Professional Competency Board (in Turkish, “Mesleki Yeterlilik Kurumu”) as a certificate based on national competency of the retail jeweler and for those who are successful as a result of assessment and evaluation activities, and demonstrate the knowledge, skills and competence of the individual”.
Kindly note that the New Amending Regulation also changes subparagraph (ç) of paragraph 1 of the Article 6 of the Regulation through adding “or professional competence certificate” after the phrase “mastership certificate” and the same Article is further amended as follows:
“(2) In the case that the jewelers graduate from the fields related to jewelry activities of secondary or higher education institutions, or from educational institutions abroad whose equivalence is admitted, the mastership certificate and professional competency certificate specified in subparagraph (ç) of the paragraph 1 shall not be required.”
In this context, the Ministry of Trade has enabled the jewelry businesses with an opportunity to obtain certificate of authorization through professional competency certificate.
Our Law Firm remains at your disposal for any further clarifications you may need.