REGULATION ON YACHT TOURISM (1)
Date of the Decision of the Council of Ministers
Based on the Law Dated
Published in the Official Gazette dated
Published in the Law Collection Series
: 8.6.1983, No: 83/6708
: 12.3.1982, No: 2634
: 4.8.1983, No: 18125
: 5, Volume : 22, p. 3265
SECTION ONE
Preliminary Provisions
Purpose :
Article 1 - The purpose of this regulation is to make the arrangements necessary for the direction
and development of Yacht Tourism, Yacht harbor Operations and Yacht Operations and to set
forth the rules to be observed by the operators, public officials and yacht owners.
Scope :
Article 2 - This Regulation contains provisions on yacht operations, principles governing the
navigation and duration of stay of foreign yachts in Turkey, cabotage rights and other measures
to be taken to develop yacht tourism.
Legal basis :
Article 3 - This regulation is issued pursuant to paragraph 4 of sub-clause A of article 37 of the
Law on Encouragement of Tourism No. 2634.
Definitions :
Article 4 - For the purposes of this regulation,
a) “Ministry” means the Ministry of Culture and Tourism,
b)” Law” means the Law on Encouragement of Tourism No. 2634,
c) (Amended : 4/6/1991 - 91/1933 K.) The term “Yacht” means the vessels which are built with
yacht form, which are used for travel and sports purposes, which carry maximum 36 persons,
which are not cargo or passenger vessels and which are described as “Commercial Yacht” or
“Private Yacht” in their tonnage certificates,
d) “Yachting Zone” means the zones which are determined and announced pursuant to subclause (d) of article 28 of the Law for the development of yacht tourism, taking into
consideration the tourism potential of the country,
e) “Yacht harbor” means the places designated as Main Yacht harbor, Secondary Yacht harbor
and Yacht Piers and Slipways,
f) “Yacht Log” means Turkish Yacht Transit Log recording the declarations made by Turkish
Flagged yachts and foreign flagged yachts coming from foreign ports or staying in Turkey for
winter season at the last berthing place and the related procedures.
------------------------------(1) The title of this Regulation which was previously “Regulation on the Development of Yacht
Tourism” was changed as “Regulation on Yacht Tourism” pursuant to article 1 of the Regulation
which entered into force with the Decision of the Council of Ministers dated 4/6/1991 and No.
91/1933.
SECTION TWO
Investments in and Operation of Yacht harbors
Certification
Article 5 - Real persons and legal entities meeting the requirements herein may make
infrastructure and superstructure investments in Yacht harbors provided that they obtain Tourism
Investment Certificate from the Ministry.
Yacht harbors built by the private or public sector
Physical properties :
Article 6 - The sites to be selected for building yacht harbors :
a) Should not be exposed to prevailing waves,
b) There should be no sewerage and water currents into the port and no sludge deposits,
c) Should be connected to a nearby settlement zone via road,
d) Should have electricity, potable water and communication facilities,
e) The area in land side should be equal to that of the sea,
f) There should be no obstacles such as wreckages, shallow areas, etc. in sea section and
surrounding of the port.
Infrastructure properties :
Article 7 - Yacht harbors should have the following properties in terms of infrastructure
investments :
a) Minimum 2.5 meters of depth in every part of the protected water area,
b) Wharfs and quays to keep the swells in the yacht harbor at minimum level,
c) Lighthouses to ensure safe access to the port from the sea,
d) Wharfs and quays to which yachts can accost and be berthed in a safe manner,
e) Hooded lanterns and anchorage rings suitable for berthing at wharfs and quays,
f) Sufficient lighting in wharfs and quays,
g) Facilities for providing pressured water and power connections to the yachts.
Superstructure properties :
Article 8 - Minimum superstructure and service requirements for the yacht harbors are listed
below :
a) Boxes providing power and potable water connections to the yachts in wharfs and quays,
b) Yacht harbor administration building and covered area necessary for the services stated in
paragraph 2 of article 36 hereof, at ports used by foreign yachts for entrance into and exit from
Turkey,
c) (Amended : 4/6/1991 - 91/1933 K.) Separate shower and WC groups for male and female
visitors (5 % of berthing capacity),
d) Waste removal measures to protect the environment from solid and liquid waste by removing
the waste from the port,
e) Generator and alternate water tank to meet emergency requirements,
f) Place for collecting used oil,
g) Separate dressing places, showers, WC and common living and resting places for male and
female staff,
h) A motorboat to ensure safety at the yacht harbor, to provide piloting services, to be used as
berthing boat and to assist in all other relations between the sea and the yacht harbor,
i) First aid facility,
j) Fire fighting system.
Classification of the Yacht harbors :
Article 9 - Yacht harbors shall be classified and certified according to the infrastructure and
superstructure properties laid down in articles 7 and 8 hereof and the facilities they provide.
The slip places which do not require structures on sea and which are capable of providing
wintering, keeping at land, maintenance and minor repair (except by shipyard and major repair
facilities) services to the yachts and which have the facilities and equipment to be determined by
the Ministry shall be certified regardless of the conditions in articles 7 and 8. Access to the slip
places must be controlled, safety of the boats must be ensured and measures must be taken to
provide environmental pollution al land and sea.
(Addition : 4/6/1991 - 91/1933 K.) Access to the yacht slip places must have been
controlled, safety of the boats must be ensured against fire, theft, robbery, etc. and measures
must be taken to provide environmental pollution al land and sea. Slip places which do not
satisfy these conditions shall not be allowed to operate.
Yacht docking places :
Article 10 - These are small scale yacht harbors that allow short term docking and they are
required to meet only the minimum conditions laid down in articles 7 and 8. It is optional for
then to have maintenance, repair, supply and wintering facilities and generator.
Secondary yacht harbors :
Article 11 - Secondary yacht harbors are the yacht harbors which have natural or artificial
covered water areas and which have longer term stay facilities and repair facilities as well as the
following :
a) Fuel oil sale,
b) Sloped slip or crane capable of pulling boats up to 5 tons from sea to land or from land to sea,
c) Capability of providing information on meteorology and sea,
d) Laundry facilities,
e) Fire alert system,
f) A social facility where the visitors can rest and meet,
g) Duty-paid and duty-free shops,
h) Telephone and, if possible, telex,
i) Radio system conforming to the regulations, to communicate with the yachts at sea,
j) Bonded or duty-free custody store,
k) Technical service,
l) Covered storing place for the requirements of the yacht harbor,
m) Minimum 1 employee who speaks a foreign language,
n) Parking lot,
o) A catering unit if not available nearby,
p) The conditions of the main yacht harbor regarding the provision of parking services in case
such services are provided on land,
r) Safe mooring system,
Main yacht harbor:
Article 12 - Main yacht harbors are yacht harbors which cover a protected area away not
exposed to the waves and which have large-scale wintering, maintenance and repair facilities as
well as the following facilities :
a) Fuel oil supply quay,
b) Equipment to provide continuous information on the weather and sea conditions,
c) Telex or telex service if possible,
d) Emergency help center,
e) Hoisting and striking equipment compatible with the capacity of the harbor and the properties
of the berthed yachts (sloped slip or crane for boats up to 5 tons and special equipment for larger
boats),
f) (Amended: 4/6/1991-91/1933 K.) Covered and open areas with drainage for parking the yachts
on land, and sites for maintenance services with power, running water, lighting and special fire
extinguishing equipment,
g) Covered workshop capable of repairing minimum 2 boats,
h) A catering facility,
i) Sports facilities,
Management of the yacht harbors :
Article 13 - The yacht harbors shall be operated in accordance with a regulation specifically
drawn up by the yacht harbor operator for the harbor in question and approved by the Ministry.
The principles governing the operation of the berthing places and the qualifications required for
the manager in charge of such places shall be laid down by the Ministry.
The persons and vehicles
Principles of the regulation on operation:
Article 14 - The regulation to be drafted by the yacht harbor operator pursuant to article 13 and
in accordance with a model to be laid down by the Ministry shall, in minimum, include the
following provisions :
a) The boats to use the services of the yacht harbor shall be fully equipped and capable of
navigating on their own,
b) The boat owners and captains shall be personally liable to indemnify any damages to be
caused by the crew and yachters in the harbor facilities or other boats,
c) The cases in which the captain and the boat owner would be held responsible for the loss, theft
or damage of the goods in the boats and injuries to the yachters and the crew,
d) In the event of change of ownership of a boat berthed at the yacht harbor, the new owner shall
submit his name, surname and full address and a statement that he will comply with these rules
to the port administration, otherwise the previous owner shall be responsible for any violation of
these rules,
e) Details on the procedure of granting permission to the third parties to use the yacht, by the
yacht owner under article 46 and the continuation of the responsibility of the yacht owner,
f) All maritime-related services at the yacht harbor shall be performed by persons who hold
seaman certificates,
g) The berthing plan to be prepared on the basis of the length, draft and type of the yachts,
berthing place numbers and depths at harbor plan.
Manager of the yacht harbor :
Article 15 - Yacht Harbor Manager coordinates the cleaning, order and security services and
service staff at the harbor.
The manager of the yacht harbor, for this purpose, :
a) shall perform the duties and take the measures stipulated in the yacht harbor regulation,
b) shall arrange the entrance, berthing, staying and exit of the yachts,
c) shall order the yachts to leave the berthing place in extraordinary circumstances, shall have
necessary repairs done on behalf of the captain or owner of the yacht and shall collect costs
thereof,
d) shall issue warning to the yachts and persons that disrupt peace, order and safety at the harbor
and, shall, if necessary, shall ensure that they are taken out of the yacht harbor, He shall notify
the Head of the Port Administration of the yachts to be taken out of the yacht harbor before
implementing that decision.
e) shall be entitled not to allow the yachts that have not paid the fees accrued in accordance with
the tariff approved by the Ministry to leave the yacht harbor,
f) shall lay down the principles governing the works performed by the staff employed at other
services provided under yacht harbor operating certificate and shall apply the Ministry requesting
the punishment of those who do not comply or commit violations pursuant to article 31 of the
Law and/or to the person in charge of the enterprise for the prohibition from service of the same,
g) shall be entitled to allow vessels other than yachts to enter the yacht harbor upon the request
of the Head of the Port Administration.
(Third paragraph is repealed : 4/6/1991 - 91/1933 K.)
Coast guard boats may enter the yacht harbor temporarily under compelling conditions after
getting in coordination with the manager of the yacht harbor and may be berthed in the yacht
harbor as long as such conditions persist,
Head of the port administration :
Article 16 - The powers vested with the Head of the Port Administration of the Ministry of
Transportation, which are laid down in relevant laws shall be reserved unless there is any
provision to the contrary herein.
The powers of the Ministry :
Article 17 - a) The operation and management of the yacht harbors shall be audited by the audit
staff of the Ministry with respect to operating and tourism legislation.
b) The tariffs applicable by the yacht harbors (except by the fees for repair inspection and the
special services not stated in the tariffs) may be applied after they are approved pursuant to
article 10 of the Law.
c) No modification shall be allowed in the superstructure and infrastructure facilities and services
on which the certificate is based, without permission of the Ministry.
SECTION THREE
Yacht Enterprises
Yacht enterprises :
Article 18 - Yacht enterprises are in investments and enterprises which are certified by the
Ministry and which operate by allowing temporary use of Turkish or foreign flagged yachts they
own or lease for travel, entertainment and sports purpose and with or without crew.
(Amended : 4/6/1991 - 91/1933 K.) The real persons and legal entities which would apply to
obtain yacht investment or yacht operating certificate must own or have leased Turkish flagged
yachts with minimum 30 beds capacity. Those enterprises who have 30 beds capacity owned by
themselves and with operating certificates may operate pursuant to the provisions of articles 19
and 21. Such capacity limits may be increased by the Ministry.
Yacht operators may not perform activities which are specific to the Travel Agencies under the
Law on Travel Agencies and the Union of Travel Agencies No. 1618.
(Addition : 4/6/1991 - 91/1933 K.) However, yacht operators may take the yachters from their
arrival points to their destinations.
Principles of leasing :
Article 19 - Entrepreneurs who have yacht operating certificates my lease yachts owned by
foreigners for a period up to five years, upon the permission of the Ministry.
In order for the said permission to be granted :
a) The yachts must be used for minimum 4 months in the season and must be operated minimum
60 days for this purpose during that period,
b) It must be undertaken that the foreign currency to be obtained will be at least two times of the
payments to be made,
c) (Amended :4/6/1991 - 91/1933 K.) The yachts must winter in Turkey and in case they do not
winter at all, the sum to be determined by the Ministry must be deposited with the Tourism
Development Fund,
d) The agreements must be approved by the Ministry,
e) The yachts must be let leased to only foreign yachters and Turkish citizens settled abroad
against payment in foreign currency, but not to Turkish citizens settled in Turkey.
To hoist a flag :
Article 20 - The Ministry is entitled under paragraph (a) of article 27 of the Law No. 2634, to
grant permission to the yacht enterprises established in Turkey to hoist Turkish flag in foreign
yachts leased under article 19 of the regulation without applying the provisions of article 823 of
Turkish Commercial Code No. 6762.
(Addition : 4/6/1991 - 91/1933 K.) A sum to be determined by the Ministry shall be collected
from such yachts as contribution to Tourism Development Fund.
Transactions concerning foreign yachts
Article 21 - The Ministry is entitled to issue permission to foreign yacht enterprises not
established in Turkey to keep their foreign flagged yachts with minimum 60 beds capacity in
Turkey and to market the same in the countries they are established or in other countries for
terms up to 3 years pursuant to sub-clause (e) of article 3 of the Law, by determining the amount
of contribution to the Tourism Development Fun and minimum foreign currency income for each
yacht and other conditions. The Ministry may extend the term of such permission whenever
necessary.
(Amended : 4/6/1991 - 91/1933 K.) Yacht enterprises whose commercial transactions
have been completed abroad shall be represented in Turkey by (A) or (Temporary A) group
Travel Agencies with yacht operating certificates or Turkish yacht enterprises pursuant to article
18.
The travel agency or yacht operator which act as representative hereunder shall meet all
requirements set forth herein for the yacht operators.
The representative of the boats to be used shall submit the program and tariffs to be
followed in the relevant year, copies of the brochures distributed abroad and any other necessary
documents to the Ministry in the beginning of the season. The principles governing the
agreements concerning the representation and services in Turkey shall be jointly determined by
the Ministry and the Ministry of Finance.
(Amended : 4/6/1991 - 91/1933 K.) The requirements listed in paragraphs (a), (c), (d) and (e) of
sub-clause 2 of article 19 of the Law shall also be taken into consideration in implementation of
this article.
Filing an application for yacht operator certificate :
Article 22 - The following information and documents shall be submitted when filing an
application with the Ministry to obtain Yacht Operator Certificate under article 27 of the Law :
a) Information on the operator,
a) Information on the enterprise,
1. Personnel,
2. Details on the head office and branch offices (or agreements entered into for this purpose).
c) Information on the yachts used by the enterprise,
1. Yachts owned by the enterprise,
2. Yachts leased for short and long terms,
d) Details of the operating plan,
e) Marketing efforts and implementation principles,
f) Program and undertaking concerning the foreign currency income to be generated by the
foreign flagged yachts leased for long and short terms,
g) Copies of the agreements related with the enterprise,
h) Other documents to be deemed necessary by the Ministry.
(Addition : 4/6/1991 - 91/1933 K.) The procedures for the distribution, preparation and
submission to the Ministry of the documents and information referred to in this article shall be
laid down by the Ministry.
(Addition : 4/6/1991 - 91/1933 K.) The matters related with archiving and keeping the
documents to be included in the file shall be determined by the Ministry. The documents to be
kept by the investors and enterprises shall be kept available whenever required or when an
application is filed with the Ministry.
Activity reports
Article 23 - The yacht enterprises shall annually submit the following information on Turkish
and foreign yachts leased for short or long terms, by not later than December and separately for
each yacht, in a table format :
a) Dates of lease of the yacht,
b) Income generated, in foreign currency and TL,
c) Total foreign currency income generated by the enterprise and the copies of foreign currency
sales receipts,
Offices :
Article 24 - The entities which start yacht operations shall set up an office in the yachting region
to conduct relations with the clients or shall enter into a representation and service agreement
with a similar office.
The office shall have a manager who has passed a foreign language examination held by
the Ministry and a sufficient number of information and service staff.
Types of yachts :
Article 25 - Enterprises with yacht operating certificates shall operate with the following types of
yachts:
a) “Sailing Yacht” (yachts which are driven with wind power, but which also have engines for
emergency),
b) “Motor Yacht” (engine-driven yachts),
c) “Mixed Type Yacht” (yachts which have the properties of sailing and motor yachts).
Qualifications of the yachts :
Article 26 - (Amended : 4/6/1991 - 91/1933 K.)
The yachts used by the enterprises with yacht operating certificates shall be equipped in
accordance with “Rules for the Prevention of Collision at Sea” and international regulations.
The requirements concerning the cabins, kitchens, common spaces, closets and showers of the
yachts, the places to be used by the yachters and the crew and the materials for certification of
the yachts shall be determined by the Ministry.
Motor yachts with gasoline engines may not be used for carrying passengers. However, smaller
speed boats with maximum load limit of 4 persons including the driver may use outboard motors.
The boats which carry more than 12 to 36 passengers, which are built with yacht design and
which are used for travel purposes shall meet the requirements applicable to the passenger
vessels under international technical rules.
Commercial and private yachts shall be staffed in accordance with the provisions of the relevant
legislation.
Additional equipment :
Article 27 - Sailing yachts and mixed type yachts shall have the following equipment in addition
to those stated in article 26 :
a) For sailing yachts, an engine of sufficient power for emergencies,
b) Deck safety belt, wire rope cutter or hack saw,
Inspection :
Article 28 - The yachts for lease shall be inspected at sea annually in minimum, in terms of
compliance with the provisions of international convention for protection of life and goods at sea
and the rules for the prevention of collision at sea.
Documents and inspection results of the same quality presented by foreign yachts shall be
accepted.
Crew in leased yachts :
Article 29 - The following principles shall apply when the yachts of the yacht enterprises are
leased with or without crew.
a) Boats up to 100 gross tons and with yachter capacities under 12 may be leased without crew.
The said yachts may navigate under the direction of amateur sailors (yachters) licensed by
Turkish or foreign yachting or sailing federations and clubs.
b) Yachts up to 30 meters in length and 100 to 150 gross tons and with yachter capacities under
12 may be leased with crew. Such yachts may navigate under the direction of a yacht captain or
coast captain.
c) The yachts referred to in sub-clauses (a) and (b) above, which are between 49 and 100 gross
tons may navigate with an amateur sailor or a seamen and those which are between 101 and 150
gross tons may navigate with a senior seaman and an engine technician in addition to those
mentioned above.
However, an additional engine technician is not required for the yachts the engine of which is
directly controlled from the steering wheel provided that the captain or any one other two
seamen has engine technician qualifications.
Any amendments concerning the above-mentioned requirements applicable to the crew of the
yachts subject hereto due to any technical or operational necessities shall be decided upon the
agreement of the Ministry and the Ministry of Transportation.
Turkish Flagged Yachts Owned by the Enterprises :
Article 30 - The requirements applicable to the Turkish flagged yachts let for lease by the yacht
operators are set forth in article 26 hereof pursuant to paragraph 2 of article 29 of the Law.
The same requirements shall also apply to the foreign flagged yachts operated pursuant to article
21 hereof.
(Addition : 4/6/1991 - 91/1933 K.) Any matters necessary for the control of Turkish flagged
yachts which do not have yacht operating certificates and which are operated for commercial
purposes and for achieving a certain standard shall be regulated in cooperation by the Ministry,
related ministries and professional associations.
(Addition : 4/6/1991 - 91/1933 K.) The yachts certified hereunder may not be used solely to
provide catering and entertainment services.
Measurement of the yachts :
Article 31 - (Amended : 4/6/1991 - 91/1933 K.)
The yachts shall be measures in accordance with the provisions of national and international
regulations.
Insurance :
Article 32 - The yachts operated hereunder shall be insured including insurance against any
damages to the third persons.
The per capita amount of the insurance against physical damages of the permanent crew and
yachters caused by accidents shall be determined by the Ministry.
Guarantee :
Article 33 - Yacht harbors and yacht operators shall deposit a guarantee as to be determined by
the Ministry to cover their obligations to be arisen in connection with the services they would
render and their activities.
The guarantee shall be submitted unconditionally to the Ministry, in the form of cash,
Government Bonds or a final bank letter of guarantee valid for an indefinite period of time. The
guarantee may not be assigned, cancelled or sequestrated for any obligations other than those
connected with the activities hereunder.
Any reductions in the amount of the guarantee and the differences due to the increase of the
guarantee amounts shall be paid-up in 30 days.
The guarantee shall be returned after one year should the enterprise cease to operate for
whatsoever reason.
Payment from the guarantee :
Article 34 - The yacht harbors or yacht enterprises which are entitled to any claim in connection
with the subject of guarantee shall apply to the Ministry.
The amounts payable by the enterprises which do not comply with the instructions of the
Ministry for the payment of obligations and who have no justified reason for failure to pay the
same shall be paid by the Ministry from the guarantee.
Approval of the prices :
Article 35 - Yacht operators to operate hereunder may apply the price tariffs for the next year
after they are approved by the Ministry pursuant to article 10 of the Law.
SECTION FOUR
Principles Governing the Navigation of the Yachts at Territorial Waters
Procedures during entering and leaving Turkey :
Article 36 - The yachts entering or leaving Turkey shall enter and exit through border gates.
The Council of Minister is entitled to decide that yacht harbors will function as border gates
upon the proposal of the Ministry, pursuant to article 1 of the Passport Law No. 5682. Port,
customs, passport, health control and other transactions related with the yachts shall be
concentrated at a site in the yacht harbor.
An officer to be appointed by the governor among the civil servants working in that site
pursuant hereto shall ensure coordination and work order. In the event that any of the
administrations involved with entrance transactions fail to appoint officers to the yacht harbor,
transactions related with that administrations shall be conducted by another civil servant to be
designated by the governor.
Collecting sums from the yacht :
Article 37 - The officer to be designated pursuant to article 35 shall ensure that all taxes, duties,
charges and other similar fees to be collected from Turkish and foreign yachts pursuant to the
relevant legislation (except by customs duties and taxes) are collected by the related
administrations. Sums payable in each month shall be deposited with the Local Revenue Office
within first 20 days of the month by stating the shares of the related agencies.
Such amounts shall also paid at other ports of stay during the term of the Transit Log
unless the yacht leaves the country.
Transit Log :
Article 38 - Customs, passport, sanitary inspection, port, yacht, yachter, crew, goods and
other declarations of the yachters and all entrance and exit transactions conducted by customs,
port, health and other officers shall be recorded in the transit log and all entrance and exit
transactions related with various public agencies shall be recorded in the yacht record log based
on the transit log. Declarations made by the foreign flagged yachts coming from foreign ports at
the first Turkish port they arrive and the transactions performed by the officers in connection
therewith shall be valid in other Turkish ports they visit until they leave without any further
transaction being required.
The transactions of the yachts winter in Turkey related with the aforementioned log shall be
completed in the places they winter.
Use of Turkish Ports Transit Log:
Article 39 - (Amended : 25.9.1986 - 86/11045 K.)
The yachts and yachters that complete their entrance transactions by containing Turkish Ports
Transit Log shall be deemed to have entered Turkey.
Transit Logs of Turkish Flagged Yachts :
Article 40 - (Amended : 4/6/1991 - 91/1933 K.)
Port transactions of Turkish Flagged yachts at the starting ports shall be recorded in a single
document without any further transaction being required at other ports. Such transactions shall be
valid until the end of the journey provided that the yacht navigate between Turkish ports and do
not leave Turkish territorial waters.
Turkish flagged private shall be inspected at land every four years and “Private Yacht Transit
Log” shall be issued by the Ministry. Such yachts shall be annually inspected at sea and shall
navigate in Turkish territorial waters with private yacht transit log.
The yachts start a journey with the approval of the port administration they start provided that
they do not leave Turkish territorial waters and navigate between Turkish ports. However,
sanitary inspection, customs and passport transactions of the yachts going to or coming from
foreign ports are required to be recorded in their transit logs.
In addition, there shall be no prejudice to the provisions concerning the sanitary inspection as
stipulated in the Convention on the Regime in Straits signed in Montreux on July 20, 1936.
The journey shall be deemed to have been completed when the yacht captain delivers the copy of
the transit log kept at the yacht to the port administration.
Distribution of Transit Logs :
Article 41 - (Amended : 4/6/1991-91/1933 K.)
The yacht transit logs to be issued by the Ministry shall be distributed by the professional
associations that have the status of public institution, against the payment of the fees to be
determined by the Ministry in foreign currency and Turkish Lira as the participation shares of the
yachts in the services for the development of yacht tourism. After the printing costs of yacht
transit logs are paid, 10 % of the net income shall be paid to the designated agency as
commission to cover administrative costs and overheads and the balance shall be paid to the
Tourism Development Fund.
Force majeure and extraordinary circumstances :
Article 42 - Yachts shall be granted exceptions in obligatory exits and entrances due to force
majeure reasons, extraordinary circumstances and obligations under the Law for Protection of
Life and Goods at Sea No. 4922 provided that declaration shall be made later.
Sanitary inspection :
Article 7 - (Amended first paragraph: 4/6/1991-91/1933 K.) The transactions within the scope of
the yacht transit log (including visa and patent) shall be valid for a period of one pursuant to subclause (c) of article 28 of the Law without any further transaction being required provided that
the yacht visits no foreign port.
The events of death and contagious disease shall be immediately notified to the nearest Port
Administration and the highest local authority.
Yachting zone :
Article 44 - The zone to be determined pursuant to sub-clause (d) of article 28 of the Law
encompasses all coasts of Turkey except by the Military Zones, Military Security Zones and
Special Security Zones determined and to be determined pursuant to the Law on Military
Forbidden Zones and Security Zones No. 2565 and the area considered not to be fit by the
Military Staff for yacht tourism (without prejudice to the provisions of interim article 1 of the
Law No. 2565.
Foreign flagged yachts and Turkish flagged yachts used by foreigners are free to do the
following in the said zone :
1) navigate on the route indicated in the navigation documents,
2) may berth and anchor in places without customs administrations on this route provided that
there are no other restrictions.
Article 32 of the Customs Law No. 1615, sub-clause 1 of article 11 and articles 12 and 13 of the
Law on the Prevention and Prosecution of Smuggling No. 1918 shall be applicable in the event
that any activities other than those related with yachting are detected in these zones.
Control and development of yachting zones :
Article 45 - The areas of the yachting zones which are considered not appropriate for navigation,
anchoring and staying of the yachts shall be determined by the administrations under the
coordination of the Ministry and shall be announced, and the controls shall be performed by the
authorized bodies by applying the sanctions stipulated in the relevant legislation.
The rules to be observed when holding other sports events in yachting zones shall be determined
by the Ministry in cooperation with the related agencies.
(Addition : 4/6/1991-91/1933 K.) Yachts specially built for underwater sports and other water
sports shall be individually certified upon the consent of the Army General Staff and the Ministry
of Transportation and Ministry of Culture.
SECTION FIVE
Duration of Stay of Foreign Yachts and Cabotage Rights
Leaving the yachts and the duration of stay of the yachts :
Article 46 - (Amended : 25.9.1986-86/11045 K.)
The foreigners who come to Turkey with their yachts may leave their yachts at a certified yacht
harbor or a yacht berthing place up to two years for wintering, maintenance and repair pursuant
to article 29 of the Law.
In such a case, necessary transactions shall be recorded on their passports when they file an
application with the local customs administrations presenting the document issued by the yacht
harbor or the manager of the berthing place. The yachts which winter at the yacht harbor or yacht
berthing place and which are used by their owners at least once every two years may stay in
Turkey up to five years without any further permission being required. The Ministry is entitled to
extend that period at the end of five years.
Cabotage practices:
Article 47 - (Amended : 4/6/1991-91/1933 K.)
Foreign flagged private yachts which winter in Turkey or which come from a foreign port and
enter Turkey may be permitted to be used within the port or between Turkish ports only when the
owner of the yacht is in that yacht. Foreign flagged private yachts with several owners and
yachts owned by foreign clubs and associations may be used by maximum four owners in a year.
Turkish or foreign guests other than the family of the yacht owner may be accepted to such
yachts only for travel, sports and entertainment purposes and free of charge.
Use of the private yachts entering Turkey by the owners and crew or accepting Turkish or foreign
guests and crew free of charge and the use of the yachts leased without crew by the yachters shall
not be considered as seamanship and the yachters shall not be entitled to exercise the rights of
the seamen.
The yachters may travel with the foreign flagged private yachts or yachts owned by yachting
enterprise that winters in Turkey or comes from a foreign port at a Turkish port for yachting
purposes and may leave the yacht at another Turkish port.
Foreign flagged commercial yachts which are used for yacht operation purposes hereunder and
which are certified by the Ministry may not carry passengers within the port or between Turkish
ports for a fee or freight. However, tourism activities of such yachts shall not be considered as
carrying passengers.
The provisions of Cabotage Law shall be applied in the event that foreign flagged yachts without
yacht certificates organize trips between Turkish ports by carrying yachters or passengers in
exchange of a fee and with or without a program.
Yachting activities which are important in terms of tourism and promotion may be excluded from
the scope of this article upon the consent of the Ministry.
Extension of the term of the certificate :
Article 48 - (Amended : 4/6/1991-91/1933 K.)
The terms of the certificates issued by foreign yachting clubs and associations may be extended
by relevant professional associations which have the status of public institution. The principles
concerning the designated associations and the fees to be collected for such transactions shall be
determined by the Ministry.
Personnel training :
Article 49 - The Ministry shall organize courses and training programs for training the personnel
to be employed at yacht harbors and yacht enterprises, in cooperation with the Ministry of
Education and the Ministry of Transportation.
SECTION SIX
Final Provisions
Procedure for issuing certificate :
Article 50 - The applications to be filed with the Ministry for investments in or operating yachts
or yacht harbors shall be assesses in accordance with the provisions of the law and this
regulation. Tourism Investment or Tourism Operating certificate shall be issued to those who are
considered appropriate upon the approval of the Ministry or the Undersecretary.
Principles of use :
Article 51 - The principles governing the use of foreign flagged yachts in Turkish coasts and
between Turkish ports for tourism purposes are laid down in Section Four hereof and the
principles governing yacht enterprises are laid down in Section Three hereof pursuant to the
provisions of sub-clause (b) of article 27 of the Law.
Authority
Additional Article 1 - (Addition : 25/9/1986 / 86/11045 K.; Amended : 4/6/1991 - 91/1933 K.)
The Ministry is entitled to take necessary measures concerning Turkish flagged yachts and
foreign flagged yachts wintering in Turkey and the yachts coming from foreign ports, by taking
into consideration the practices in foreign countries.
The related ministries are entitled to prohibit the yachts owned by Turkish and foreign
enterprises, which fail to satisfy their obligations under the Law and hereunder, upon the
proposal of the Ministry.
The firms which lease or represent foreign flagged yachts pursuant to articles 19 and 21 shall
evidence the total foreign currency income they generate at the end of each year, in comparison
with the amount of foreign currency per bed as to be determined annually by the Ministry. The
document evidencing the transfer of the foreign currency amount per bed determined for foreign
flagged yachts marketed abroad pursuant to article 21 shall be presented to the Ministry enclosed
with the invoice. The certificates of the enterprises which fail to generate foreign currency
income equal to the amount determined by the Ministry for a year shall not be renewed for
foreign flagged yachts.
Provisional Article 1 - The Ministry shall issue Yacht Harbor Operating Certificate to Kuşadası
Main Yacht Harbor and Bodrum Secondary Yacht Harbor operated by Tourism Bank of Turkey
pursuant to the Decree dated 4/9/1974 and No. 7/9005, without being subject to the conditions
set forth in section two hereof.
Provisional Article a) The amount of insurance coverage per person for the year 1983 pursuant to article 32 hereof is
determined as TL 200.000,
b) The amount of guarantee for the year 1983 pursuant to article 33 hereof is determined as TL
1.000.000 for the yacht harbors and TL 250.000 for each yacht of the yacht enterprises,
c) The Yacht Transit Logs issued pursuant to article 41 shall be distributed for a fee of USD 10 or
its TL equivalent for foreign yachts and TL 2.000 for Turkish yachts for the year 1983.
Provisional Article 3 -The principles governing the encouragement of employment of Turkish
personnel in foreign flagged yachts shall be set forth with the cooperation of the Ministries of
Interior Affairs, Customs and Monopoly and Transportation under the coordination of the
Ministry.
Effective Date :
Article 52 - This Regulation shall enter into force on the date it is published.
Execution :
Article 53 - These Regulation shall be executed by the Council of Ministers.
PROVISIONS NOT WRITTEN IN THE REGULATION WHICH ENTERED ONTO FORCE
WITH THE DECISION NOF THE COUNCIL OF MINISTERS DATED 8/6/1983 AND NO
83/6708 :
1) Provisional article of the Regulation dated 4/6/1991 and no. 91/1933 :
Provisional Article - (Amended first paragraph: 13/1/1993 - 93/4045 K.) The enterprises which
lease and represent the yachts owned by foreigners before the publication hereof shall cease such
operations on 32.3.1996.
The firms which have undertaken leasing and representation activities may not be changed after
the effective date hereof. The agreements with the new firms shall be executed in accordance
with the provisions of article 18.
-----------------------------------------------------------------------LIST OF EFFECTIVE DATES OF THE REGULATIONS WHICH MAKE AMENDMENTS IN AND
ADDITIONS
TO THE REGULATION THAT ENTERED INTO FORCE
WITH THE DECISION OF THE COUNCIL OF MINISTERS
DATED 8.6.1983 AND NO. 83/6708
|----------------------------------------------------------------------|
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Decree on Adoption of the Regulation
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Making Amendments and Additions
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| 25/9/1986 |
86/11045 |
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15/10/1986
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4/6/1991 |
91/1933
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29/6/1991
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| 13/1/1993 |
93/4045
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----------------------------------------------------------------------------------------------------------------------------------------------LIST OF EFFECTIVE DATES OF THE REGULATIONS WHICH MAKE AMENDMENTS IN AND
ADDITIONS
TO THE REGULATION THAT ENTERED INTO FORCE
WITH THE DECISION OF THE COUNCIL OF MINISTERS
DATED 8.6.1983 AND NO. 83/6708
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Decree on Adoption of the Regulation
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Making Amendments and Additions
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Articles with
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Different
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