T.C. Roma Büyükelçiliği

Ambasciata    di Turchia -

V. Commercial Convention
Section I

Article 1

From the coming into force of the present Convention, the tariffs applicable on the importation into Turkey of the produce or manufactures originating and emanating from the territories of the other contracting countries shall be those of the Turkish specific tariff which came into operation on the 1^st September, 1916.

Article 2

The duties prescribed by the Turkish tariff of the 1^st September, 1916, in Turkish paper money, will be subjected to coefficients of increase periodically adjusted according to the rate of exchange under the conditions hereinafter provided.

These coefficients shall be those which were in force on the 1^st March, 1923. Nevertheless, the articles set out in the annexed Schedule 1 shall be subjected to the coefficient 9.

The coefficients referred to above shall be adjusted in accordance with the rate of exchange as provided by the following rules:

These coefficients having been determined at a time when the pound sterling represented 745 paper piastres, if the Turkish pound shows an average increase of more than 30 per cent, over this rate during the month preceding the coming into force of this Convention, the coefficients 12 and 9 will be reduced proportionately to the average rate of exchange for that month; the coefficient will remain in force, as thus adjusted, for the following three months; at the expiration of that period of three months, the coefficient will should the case arise, be readjusted in accordance with the average rate of exchange of the last month of the period.

In the same way, if the Turkish pound shows an average decrease of more than 30 per cent, compared with the initial rate of 745 piastres for a pound sterling during the month preceding the coming into force of this Convention, the coefficients 12 and 9 may be increased proportionately to the average rate of exchange for that month; the coefficient will remain in force, as thus adjusted, for the following three months; at the expiration of that period of three months, the coefficient will, should the case arise, be readjusted in accordance with the average rate of exchange of the last month of the period.

The coefficient 5 may be increased, in the event of a decrease in value of the Turkish pound, in the same conditions as the coefficients 12 and 9, but in the event of an increase in value of the Turkish pound, that coefficient need only be reduced from the time when the pound sterling is worth less than 5 Turkish pounds paper.

In the event of monetary reform, the various coefficients fixed above will be modified to the extent of the difference between the new and the old currency in such a way as not to alter the incidence of customs duties.

Article 3

Turkey undertakes to abolish from the coming into force of the present Convention, and not to re-establish during its continuance, all prohibitions of import and export, except those which may be necessary:

1)to maintain the resources indispensable for the food of the people, and to safeguard the economic activity of the nation;

2)to ensure the security of the State;

3)to protect persons, animals and plants against contagious diseases epizooties and epiphytes;

4)to prevent the use of opium and other poisons;

5)to prohibit the import of alcoholic products, the use of which is forbidden in Turkey;

6)to prevent the export of gold money or gold metal;

7)to establish or support State monopolies.

Subject to equitable reciprocity being accorded to her by each of the other Contracting Powers in accordance with its legislation, Turkey undertakes to apply the prohibitions without discrimination of any kind, and in the event of her granting exemptions or licences in respect of prohibited produce, not to favour in any way the trade of any one Contracting Power to the prejudice of the trade of any other Contracting Power, or to favour in any way the trade of any non-contracting Power, to the prejudice of the trade of any Contracting Power.

Article 4

Subject to reciprocity, no consumption or excise duty shall be applicable in Turkey to goods originating or emanating from the other contracting countries except to the extent to which it is exacted in respect of identical or similar articles produced in Turkey.

Turkey may, however, continue to exact, under the same conditions of equality between her nationals and the nationals of the other contracting countries, he consumption duties set out in the schedule contained in Annex II in respect of the products specified in that Schedule.

Subject to reciprocity, octroi duties and any other taxes exacted by local authorities will, if they are imposed on articles produced in Turkey, be applied without discrimination between Turkish products and products originating or emanating from the other contracting countries, and if they are imposed on articles not produced in Turkey, will similarly be applied, without discrimination of any kind, to all identical or similar foreign products, whatever may be their origin.

Article 5

Subject to an equitable reciprocity being accorded to Turkey by each of the other Contracting Powers in accordance with its legislation every export duty, which Turkey may have imposed or may impose on any goods, natural or manufactured, shall be applied equally whatever the country of destination. No discrimination to the prejudice of the commerce of any one of the other Contracting Powers shall be established by any means.

Article 6

Turkey will accord to the other Contracting Parties the benefit of any more favourable treatment in respect of the matters referred to in Article 1 to 5 which she may grant to any other country, except such special advantages as regards tariffs or generally in regard to all other commercial matters which she may grant to any one of the territories detached from Turkey under the Treaty of Peace signed this day, or, as regards frontier trade, to a limitrophe State.

Article 7

In order to determine the country of origin of imported goods, Turkey and any of the other Contracting Powers may respectively require the production by the importer of au official certificate stating that the article imported is the national produce or manufacture of the said country, or that it should be so considered having regard to the transformation which it has undergone in that country.

Certificates of origin in accordance with the form annexed to this Section numbered III will be granted by the Ministry of Commerce consignor belongs, or by the Chamber of Commerce to which the consignor belongs, or by any other authority or association which may be agreed upon by the country of destination. They will be authenticated by a diplomatic or consular representative of the country of destination.

Parcel post package will be exempt from the requirement of a certificate of origin when the country of destination recognises that no transaction of a commercial character is involved.

Article 8

The benefit of the provisions of this Section cannot be claimed by any of the Contracting Powers which does not grant to Turkey during the whole period of the Convention a treatment as favourable as that which it grants to any other foreign country.

ANNEX I

List of Articles Subject to the Coefficient 9.

ANNEX II

Consumption Taxes

ANNEX III.

Form of Certificate of Origin

We (authority which grants the certificates) (1) certify that

residing at ………………………………… has declared before us, on his responsibility, that the goods specified below are of (Turkish or ………..) origin or manufacture in accordance with reliable documents which have been produced to us by the consignor. (3) These goods are sent to …………. to the order of Mr. …………… merchant or trader at ………………… by (land or ship ………………..)

Certified on my responsibility, the ……………………

(Signature of the declarant)

Confirmed by us (authority which grants the certificate) who attest also that the sale of the goods specified above has been actually concluded in this country.

Seen at the Consulate of …………………… for verification of this signature.

(Date, signature and seal of the Consulate)