Tag: TRADING COMPANY

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How to Seize My Receivables in Turkey

*Deniz Mete Özcan

In connection with the latest developments in the world, Turkey has become a trade center for many companies. One of the situations that we, as international lawyers encounter in practice is that the debtor in Turkey does not pay enough attention to the creditor abroad and resists paying his debt.

First of all, what we want to mention about this issue is that different burdens such as the obligation to warn or notify in different cases may be imposed on the creditors by law. In such cases, if the creditor does not fulfill these obligations on time, he/she may lose his/her right to claim his/her receivable by legal means. That is why, in case of a dispute with the person with whom you do business in Turkey, we recommend that you consult a lawyer who is an expert in these matters without delay. Now that we have conveyed one of the situations we frequently encounter to you and made our necessary warnings, we will answer the question of how to receive your receivables through compulsory execution in Turkey, which is the subject of the article, at this point.

First of all, it should be noted that there are more than one forced execution methods in Turkey, these are divided into three as a proceeding without judgement, proceeding with judgement and pawn foreclosure. In our article, we will exclude the pursuit through the foreclosure and explain to you briefly the proceeding with and without judgement.

In the case of proceeding with the judgement, the subject of the enforcement is performance of the court decision. Therefore, in order to apply this way, first of all, a lawsuit should be filed in the competent court and the court should decide in your favor. In order for the receivables that are not subject to money to be followed up, a judgment must first be obtained from the court on this issue. For example, suppose you buy a ton of fabric from a Turkish manufacturer. Even though you have made the payment in the past, you could not get the product from the manufacturer. However, considering the recently rising fabric prices, it will be a more reasonable option for you to seize the goods in kind rather than paying in cash, and if the debtor has the opportunity to perform in kind, then you can file a lawsuit and seize the said receivable in kind after receiving the decision.

Another enforcement method that we will talk about in this article is proceeding without judgement. The Enforcement Bankruptcy Law of Turkiye Republic has regulated the execution without judgment only for money and collateral receivables. You can directly apply for enforcement proceedings without applying to the court in this enforcement process. It is not necessary for this receivable to be subject to a decree or even a document in order to follow up your receivable through proceedıng wıthout judgement. It should not be forgotten that the legislator has given the debtor the right to object since he did not request any document from the creditor in the proceeding without judgement.

We can say from our experience that many merchants are hesitant to pay their debts due to the lack of communication and the fact that they think that the incident will not go to court. As Seyhan Law Office, we can help you get your receivables as soon as possible and in line with your interests with our Russian, Turkish and English speaking professional lawyers and financial experts. If you have a problem with such a matter, you can contact us via WhattsApp or Telgram.

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Supply Chain Challenges in 2023

Supply Chains are often times affected by a variety of factors, ranging from global pandemics, to bottlenecks, insufficient infrastructure to international conflicts. There is a number of principles developed by the governmental and intergovernmental organizations to ensure the security of your supply chains.

These principles can broadly be divided into multiple stages. According to the UK’s National Cyber Security Center, these can be listed as follows: Understand the risks, Establish control, Check your arrangements, Continuous improvement. Understanding the risks would include understanding the sensitivity of your contract, the value of the information that your suppliers hold or will obtain access to later on. This will be crucial in case any legal disputes arise later on. Secondly, knowing who your suppliers are and what are their security policies. This will allow you to determine how well is the information provided by you to them will be protected. Your suppliers may also hire subcontractors, in this case you would have to check if the sub-contractors comply with the predetermined security requirements, comprehend the level of access that your suppliers and their subcontractors will have to your information. You should also know what level of control do your suppliers have over the access to your private information, since you may not want them to share it with the outsiders. Make sure that you communicate your security needs clearly to your suppliers so that no misunderstanding can arise.

You may want to group your partners according to the level of risk that they pose to you or your information security. For assessment use such factors as; the impact on your operations, the capacity of likely threats, what is the service that you are acquiring from them, what kind of information do they get their hands on.

Share this information with your suppliers, some commodities require differing approaches to management. For example medical supplies would certainly need to be handled with a different approach than the agricultural products are.

Establishing control; this stage would be absolutely crucial if you want to make sure that you’re in charge of things. To ensure this you would have to identify any suppliers who are constantly failing to meet your security and performance expectations and Identify the most important assets as well as if you’re over-reliant on one of your suppliers – diversification would be your key to staying in Once again, clear communication is important in establishing control as well. Determine and then communicate your minimum security expectations to your suppliers. Don’t ever forget to include the aforementioned security expectations in your contracts and make sure that your suppliers do the same when working the sub-contractors. Ask them to provide you with the proof that they are doing their part. Remember – clear communication is the key.

Checking your arrangements. The main idea here is that you have to be confident in your approach to control over your supply chain. Make sure that each one of your suppliers adheres to the security policies and provides upward reports about their performance.

Add the “right to audit” into all of your contacts and make sure that your suppliers do the same with any of the contracts with the sub-contractors related to your business. (Seek legal advise on this aspect since it is not always possible.).

Establish performance indicators. This will allow your suppliers to keep track of and effectively report to you on their performance. Thus you’ll always know how efficient is your supply chain working which would allow you to improve by working on any of the limitations.

In addition it is important to make sure that you’re protecting from any of the external factors such as – wars, the pandemic or political crisis. To do this you must keep track of the events occurring in the world and create measures in case of any unexpected situations – such as sanctions, currency fluctuations etc. Since these factors are outside of your control the best strategy would be to find effective ways of countering the effects of these occurances. For example finding alternative suppliers or alternative legal ways of working with the existing ones. To navigate the legal aspects of protecting yourself, your company and your and your company’s assets from sanctions please seek the legal advise from Seyhan law firm.

To conclude, all of the mentioned above is very important to make sure that you are protected from any risks involved in the supply chain management and establishment process. To navigate the legal aspects of this question please contact Seyhan Law Firm for legal advise.

Author: Doruk Arslan

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Illegal Gold Trade And Its Implications for Enviroment And Public

Illegal gold trade is a growing problem in the global economy, and it has significant implications for both the environment and the public. This illicit trade involves the illegal mining, smuggling, and sale of gold, which often leads to serious human rights violations and environmental degradation. A lot of people in Africa, including children are using small-scale methods to extract gold. Although millions of people were earning a living through small-scale production methods the governments of Zambia, Ghana and Tanzania complaint about the gold black market.

The gold trade has been a critical aspect of the global economy for centuries, and the demand for gold continues to rise. However, the growth in demand has also led to an increase in illegal gold trade, which is often done in violation of environmental and labor laws. The illegal trade is particularly rampant in developing and underdeveloped countries, especially in Africa, where weak governance structures and limited regulation of the mining industry lead to the growth of the black market for gold. In these countries, the extraction and sale of illegal gold are often done in secret, making it difficult to monitor and control the trade. It also makes it impossible for the governments to tax this gold production and therefore barrs the governments from benefiting from this market – tax money that otherwise could be spent on the national infrastructure such as roads, railways, school systems, police etc.

One of the major consequences of illegal gold trade is environmental degradation. The illegal gold mines are often located in remote and fragile ecosystems, and the extraction process often involves the use of toxic chemicals and hazardous waste. The chemicals and waste are often dumped into the surrounding environment, contaminating water sources and damaging wildlife habitats.

Additionally, the mines often lack proper waste management systems, which further exacerbates the environmental impact. One example would be the illegal gold mining in Brazil which led to the destruction of the Amazonian rainforest. Brazilian mining lobby even released a statement addressing the country’s foreign ministry to work with other governments to develop policies and strategies with the purpose of combatting the illegal gold trade. The statement made by the President of Ibram Trade Association, Mr Raul Jungmann said: “The trade of illegal gold feeds a criminal alliance in Brazil, which is responsible for part of the devastation we see in the Amazonian rainforest, something the world is watching.” The unregulated gold mining under the former President Jair Bolsonaro has dramatically increased, which in turn led to the destruction of the rainforest and led to the pollution of the rivers. Thus, stopping illegal gold trade is extremely important to protect the environment.

Illegal gold trade also leads to serious human rights violations, including child labor, exploitation, and abuse of workers. The workers in illegal gold mines are often subjected to long hours, dangerous working conditions, and low wages. Moreover, they often have limited access to healthcare, education, and other basic necessities, which further exacerbates their plight.

Children are also often used as cheap labor in illegal gold mines, and they are subjected to hazardous working conditions that put their health and well-being at risk.

To combat illegal gold trade, governments and international organizations need to work together to improve governance and regulation of the mining industry. This involves strengthening environmental and labor laws, increasing enforcement and penalties for those who engage in illegal activities, and improving the monitoring and control of the trade. Additionally, the international community must work to improve transparency in the gold trade, making it easier to track the origin and flow of gold from mine to the customer.

To conclude, illegal gold trade is a growing problem that has serious implications for both the environment and people. It is essential to take action to combat this illicit trade, including improving governance and regulation, increasing enforcement and penalties, and improving transparency in the gold trade. By taking these steps, we can help protect the environment, improve working conditions, and promote sustainable development in the global economy.

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Principles of Standardization in International Trade

The best way to define standards is a “system of reference” which would typically be used by the parties in the export-import or transit activities. The standards guarantee the technical specifications related to products, services and organizations, including their quality, usage and rights. However, unless they are cited as a regulation or a directive, their usage is not necessary. These standards usually vary from one country to another, however large international trade organizations such as the WTO or Customs Unions such as the EU tend to generalize these standards, in order to reduce the number of misunderstandings or to resolve dispute regarding the aforementioned trade activities.

There is a number of relevant standardization bodies:

One of them is ISO – International Organization for Standardization. It aims to harmonize the standards on a Global Level. Elaborated in the Global Consensus Framework, it contributes to rationalization of the International Trade Framework.

The ISO has been created in 1947 Over the period of its existence it has published 19,500 international standards recognized in lots of countries and in almost every field of technology and economics, except for the fields of telecommunication and electro-technical engineering which are linked to the International Telecommunication Union (ITU) and International Electro-Technical Commission (IEC). These standards provide specifications for the products and services as well as firm practices aimed at improving the overall economy.

The ISO consists of national standardizing organizations from more than 160 countries. ISO works together with the European Committee for Standardization. Thus, these standards can be applied both in Europe and in the rest of the globe.

There are different types of Standards:

The Standards allow to define a common set of definitions for international economic actors – Producers, Consumers, Carriers, etc. In addition it allows to clarify and harmonize the practices among parties. These standards are aimed at facilitating global trade, thus allowing for greater amount of operations which would in turn lead to an increase in wealth. Other than that they also make life easier in general. These standards are used as the documents of reference. Essentially it is a consensus accepted by the markets regarding the import- export activities. These standards may concern goods, services or management systems, for example the ISO 90001 concerning the quality management or the ISO 14001 about the Environmental Management.

The Standards shouldn’t be mixed up with the regulations. Regulations are established by the governmental of inter-governmental authorities and are mandatory, standards on the other hand as mentioned above are principles agreed upon by the parties and are not mandatory. Standards allow companies to satisfy the expectations regarding safety and quality of the products and services, by doing so companies may improve their products and services. Standards may support regulations if they are listed as references.

In order to successfully enter a market, you would have to follow all the standards. The companies are trying to make sure that the standards are consistent with their goals and needs. A company may take an interest in standardization in order to forecast what the markets will want in the future and to protect their goods services.

Thus standards contribute to the markets, allow to increase the overall levels of wealth in the world. Companies that comply with the standardization rules are more likely to succeed in the new market.

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INCOTERMS – International Commerce Terms – The importance of International Commerce Terms in International Trade

INCOTERMS – International Trade Terms – A list of International Trade Terms established by the International Chamber of Commerce (ICC). These are the conditions that determine the responsibilities of the parties in international trade activities. It is widely used in international commercial activities, and its use is often encouraged by courts, lawyers, and commercial advisory agencies.

These are three-letter terms. The most important purpose of these is in International Carriage of Goods: to determine the activities, costs and risks. INCOTERMS add clarity to contracts regarding liability – that is, the transport costs of the goods up to the destination of the goods and the risks associated with it.

INCOTERMS are used by the world’s states and various national and international organizations to identify the most common practices in international trade. In this way, disputes that may arise due to differences in foreign trade legislation in different countries are eliminated. Therefore, they are used in commercial contracts all over the world.

INCOTERMS are only determined by the ICC because they are a registered trademark of the ICC.

The first International Trade Regulations were published by the ICC in 1923, but were first published as INCOTERMS in 1936.

There are specific terminology used in incoterms:

Delivery: It is the moment when the risk of damage or loss related to the goods passes from the seller to the buyer.

Arrival: It is the moment when the transportation is paid in incoterms.

Free: The seller has the responsibility to take the goods to a designated address and deliver them to the carrier.

Carrier: any person who, in a contract of carriage, undertakes to carry out or cause to be carried out the carriage by rail, road, air, sea, inland waterway or a combination of such modes

Freight Forwarder: A firm/party that adjusts or helps arrange transportation

Terminal: It can be an indoor or outdoor area, stock, dock, road, railway or air cargo terminal

To clear for export: Sending the export declaration of the carrier and obtaining the export permit.

INCOTERMS are a set of three-letter trade terms used in international trade to clearly define the responsibilities of buyers and sellers. There are 11 different INCOTERMS, and each one outlines the responsibilities for delivering goods from the seller to the buyer.

EXW (Ex Works) – The seller’s only obligation is to make the goods available at their premises. The buyer bears all costs and risks involved in taking the goods from there to the destination.

FCA (Free Carrier) – The seller delivers the goods to the carrier nominated by the buyer at the seller’s premises. The seller is responsible for loading the goods on the means of transport. The buyer assumes all costs and risks from this point onwards.

FAS (Free Alongside Ship) – The seller delivers the goods alongside the ship at the port of shipment. The buyer assumes all costs and risks of loss or damage to the goods from this point onwards.

FOB (Free on Board) – The seller delivers the goods on board the ship at the port of shipment. The buyer assumes all costs and risks of loss or damage to the goods from this point onwards.

CFR (Cost and Freight) – The seller delivers the goods on board the ship at the port of shipment. The seller pays the cost of transport to the port of destination and assumes the risk of loss or damage to the goods until they are on board the ship.

CIF (Cost, Insurance, and Freight) – The seller delivers the goods on board the ship at the port of shipment. The seller pays the cost of transport to the port of destination, arranges for and pays for the insurance and assumes the risk of loss or damage to the goods until they are on board the ship.

CPT (Carriage Paid To) – The seller delivers the goods to the carrier at the port of shipment. The seller pays the cost of transport to the port of destination and assumes the risk of loss or damage to the goods until they are handed over to the first carrier.

CIP (Carriage and Insurance Paid To) – The seller delivers the goods to the carrier at the port of shipment. The seller pays the cost of transport and arranges and pays for the insurance to the port of destination and assumes the risk of loss or damage to the goods until they are handed over to the first carrier.

DAP (Delivered at Place) – The seller delivers the goods to the place specified by the buyer. The seller is responsible for all costs and risks involved in getting the goods to the specified place.

DPU (Delivered at Place Unloaded) – The seller delivers the goods to the place specified by the buyer and is responsible for unloading them. The buyer assumes all costs and risks involved in getting the goods from the port of arrival to their final destination.

DDP (Delivered Duty Paid) – The seller delivers the goods to the place specified by the buyer, clears them for import and pays any customs duties and taxes. The buyer assumes all costs and risks involved in getting the goods from the port of arrival to their final destination.

It’s important to note that these terms only define the responsibilities for delivering goods and do not cover the actual contract of sale. The parties involved in a transaction must agree on which INCOTERM to use and define the specific details of their agreement.

 Author and Translator of the Text: Doruk Arslan

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