State’s Intervention in Bringing the Export Value Into the Country and Criminal Consequences of this Intervention for the Exporters

Nuray EKŞİ

I. Legal Framework of the State Intervention for Bringing the Income from the Exports into the Country

The main basis of Foreign Exchange Legislation is the Law for the Protection of the Value of Turkish Currency, dated 1930, Law No. 1567.¹ The definition of the crime and the penalty for not bringing the income from exports into the country is provided under Article 3 paragraph (b) of the above mentioned Law No. 1567.

Article 1 of the Law No. 1567 entitles the Council of Ministers to take measures concerning the regulation and restriction of sales or purchases of foreign exchange. The Council of Ministers is also empowered to enact decrees regarding export and import of all goods and the protection of the value of Turkish Currency.

Since 1930 when this Act entered into force, the Council of Ministers took a series of Decrees one after another. With each Decree new provisions were introduced or existing ones were either amended or abrogated. Indeed, since 1930, the Council of Ministers took a total of 32 Decrees and currently Decree No. 32 is in force² and previous 31 Decrees were annulled. Article 8 of Decision 32 is devoted to the transfer of export proceeds into the country.