Remission option must be completed before 19 July 2020
1 July 2020
Client Alert | Turkey | Intellectual Property, Media & Telecommunications
Pursuant to the new provisional Article No.6 added to the Electronic Communication Law No. 5809 on 17 July 2019, it was announced that devices that are not compliant with the regulations of the Information and Communication Technologies Authority ("ITCA") within the scope of international roaming services shall be prevented from electronic communication services within four months.
Moreover, following the publication of Decision No: 2019/DK-BTD/183 of ITCA dated 20 September 2019, all users of such devices were granted remission whereby they may be able to register their devices on the e-State System until 19 July 2020 to continue using them with Turkish mobile subscriptions by paying TRY 250 for each device.
Otherwise, devices will be blacklisted in the Turkish Central Equipment Identity Register and will be banned from the Turkish Mobile Network Operator ("MNO") networks within 30 days.
This remission option will only be available for those devices with International Mobile Equipment Identity ("IMEI") that are detected to be permanently roaming according to the above principle before 19 July 2019. At this point, a permanent data roamer is defined as "a cumulative user of roaming services by the same IMEI for 91 days (accumulated) or more per 120-day period on the Turkish MNO network" where voice service users will be excluded.
Where an IMEI exists in the Mobile Device Registration System ("MDRS"), a local Mobile Station International Subscriber Directory Number ("MSISDN") registered on behalf of the e-State user shall be required. I.e. the user must enter a line number registered on his behalf and taken from a Turkish Mobile Operator.
The user shall be required to deposit TRY 250 with the Turkish Citizen Identity Number and IMEI number to the related account of General Directorate of Public Accounts.
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In compliance with Turkish bar regulations, opinions relating to Turkish law matters that are included in this client alert have been issued by Özdirekcan Dündar Şenocak Avukatlık Ortaklığı, a Turkish law firm acting as correspondent firm of Gide Loyrette Nouel in Turkey.