Specific Instance Review Procedure

06 Eylül 2018

Specific Instance Review Procedure    

Instance Submission: 

Specific instance notifications required to be submitted to Ministry of Economy (General Directorate of Incentives and Foreign Investment) with a written request or via regular e-mail that includes;
-    The name of party, interest in the matter, and contact details,
-    Chapters and specific parts of Guidelines that is alleged to be breached,
-    Relevant facts and evidence.
Following the submission of the request, the NCP informs;
-     The requesting party that the request has been received and it was under the review of the NCP, 
-     The company that is alleged to breach the Guidelines about the request,
-    The related Turkish authorities in order to consult and ask their official comments to decide whether the alleged claim has occurred or not. 
-    The parties that the whole review process will be held in confidentiality. 

Initial Assessment:

The NCP makes research on alleged claims in accordance with the Guidelines’ principles.
The NCP tries to find out whether the issue is bona fide or relevant to implementation of Guidelines, and merits further examination.
During the initial assessment process, the NCP takes into account;
-    Identity of the and requesting party’s interest in the issue,
-    Documented information to evidence that the issue is material and substantiated,
-    Any relevant information to prove existence of a link between the company’s activities and the issue raised in the specific instance and their relevance with the specific principles of the Guidelines,
-    Applicable law and procedures / court rulings that is relevant with the specific instance. 
The NCP accepts or rejects the submission depending on the outcome of its research and informs the parties about the decision of initial assessment. 

Good Offices: 

If the NCP determines the issue raised further consideration and good office will contribute the resolution of the issue, then the NCP informs the parties about its decision of offering good offices. 
This is a voluntary step that the parties involves upon their consent.  If both parties agree to participate to the process in looking for a resolution, then the NCP offers a forum for discussion to the parties and facilitate the resolution of the issue through its good offices.
In order to encourage open discussions among the parties, the parties decide the confidentiality of the procedure and on how information to be disclosed to the public.

Conclusion of Assessment 

At the end of the process, the NCP prepare a final statement report.
This report will be shared with parties and, announced in the NCP website.

Confidentiality

In Principle, the Turkish NCP take appropriate steps to keep sensitive information confidential in its process. 

During the spesific instance review process, in order to encourage open discussions among the parties, the parties decide the confidentiality of the procedure and on how information to be disclosed to the public.

Time Frames

The NCP tries to complete a specific instance review process within the timeframes indicated below. However, due to unforeseen circumstances and delays related to the parties, flexibility can be required, and the review steps may take longer than anticipated.

Initial Assessment: 3 months
Good Office: Not more than 6 months
Final Statement: 3 months