Export Legislation Disputes
Foreign Exchange Regulations: The 180-Day Rule and Penal Sanctions
The legal framework governing the repatriation of export proceeds constitutes a rigorous legal audit rather than a mere commercial tracking process. Within the realm of export regulations and foreign exchange law, a single procedural oversight or a failure to submit documentation within the prescribed timelines may result in irreversible financial losses. In accordance with the prevailing legislation, it is mandatory to repatriate export proceeds to Türkiye within 180 days from the date of actual exportation and to ensure they are linked to an Export Proceeds Acceptance Certificate (İBKB) via intermediary banks. Violation of this timeframe may trigger substantial administrative fines under Law No. 1567 on the Protection of the Value of the Turkish Currency.
Kurucu Law Offices provides specialized defense and advisory services to safeguard the commercial reputation and financial assets of exporters within this technical labyrinth, providing legal intervention at the following stages:
Administrative Oversight and Tax Office Procedures
Following the expiration of the 180-day period and subsequent notifications by banks, we develop technical defenses against "account closure" notices issued by Tax Offices. A qualified legal defense at this stage can ensure the closure of the file at the administrative level, preventing its referral to the Chief Public Prosecutor’s Office.
Force Majeure and Justifiable Cause Evidence Management
We establish the necessary legal infrastructure to eliminate penal liability by documenting circumstances that prevent the repatriation of proceeds—such as the buyer’s bankruptcy, insolvency, rejection of goods, or ongoing foreign judicial proceedings. We manage the substantiation process through legally compliant evidence, including notarized documents, court rulings, and official commercial correspondence.
Judicial Appeal Processes
We manage appeal processes before the Criminal Courts of Peace against administrative fines issued by Prosecutor’s Offices, in accordance with the Law on Misdemeanors No. 5326. Our objective is the annulment of fines through defenses aligned with the natural flow of international trade, focusing on both procedural and substantive merits. In this context, we focus on utilizing regulatory exceptions, such as the offsetting (set-off) of import and export proceeds or the write-off (exemption) of amounts falling below specific thresholds.