What is the Authorized Trader Status (ATS)?
ATS is a pre-condition for operators intending to benefit from certain simplified procedures and customs facilitations. In order to receive this status, companies must be established in Turkey and should be meeting the necessary criteria laid down in relevant customs legislations.
What is the legislative basis for ATS in Turkish Legislation?
The legislation for the ATS are drawn up in:
- Articles 71 and 73 of the Turkish Customs Code (no: 4458),
- Articles 22 to 26 of the Turkish Customs Implementation Regulation,
- General Customs Notification on the Authorized Traders Status (serial 1).
What are the criteria for ATS Certificate?
In order to hold an ATS Certificate, companies have to fulfill the following requirements:
- Proven Financial Solvency
- Judicial Reliability
- Customs Compliance
How many types of ATS are applicable and what are their benefits?
There are 3 types of Certificates issued to certify an ATS;
- Certificate Type A,
- Certificate Type B,
- Certificate Type C.
Certificate Type C entitles the Certificate holder to issue incomplete declarations to customs and use Induced Security for customs transactions, as well as exercise the right to benefit from Flat-Rate Security for customs transactions. Certificate Type C holders meeting the criteria set out in Article 54 of General Customs Notification will be entitled to issue A.TR certificates as “Approved Exporters”, and will also have access to the “blue line” limited to exportation.
Certificate Types A and B entitle the certificate holder the same rights as that of the Certificate Type C holder as well as the right to benefit from the full facilitation of the “blue line” where goods and declarations are not subjected to any physical or paper based examinations.
Who can submit applications for ATS Certificate?
All manufacturers and retailers established in Turkey and dealing with foreign trade may submit an application to receive an ATS Certificate Type C. Apart from these, companies not having a specified import/export capacity but a fixed capital investment of no less than 15 Million USD in Turkey within a duration of 2 years prior to the date of application, may submit an application to receive an ATS Certificate Type C.
After the recent amendment in the Customs Implementation Regulation of Turkey, companies intending to apply for Certificate Types A&B are encouraged to submit an application to receive an AEO Certificate in order to benefit more from the opportunities offered by the Customs Authority.
What is the application process for ATS Certificate?
Companies requesting certification will have to lodge their application along with the required documents at the relevant Regional Customs and Trade Directorates. Following the application, the regional directorate will examine the submitted documents and decide whether they are appropriate.
Each regional directorate will accept applications of those applicants officially established in one of the provinces in the regional directorate for ATS Certification. Applications submitted to another authority other than the authorized head office will be automatically rejected.
Where are ATS applications evaluated and which authority issues ATS Certificates?
ATS applications are evaluated by the Regional Customs and Trade Directorates where the application is lodged at. Following this evaluation; ATS Certificates are issued by the same Regional Customs and Trade Directorates to applicants who have met the specified criteria.
For what duration is an ATS certificate valid?
The validity period of an ATS certificate is 2 years as from the date of issue, but may be renewed before the end date upon request of the certificate holder, given that the certificate holder continues to fulfill the necessary conditions stated above. Reasons of non-compliance with the qualifying criteria or misuse of benefits will lead to the revocation of the status or a suspension of the benefits.
The Certificate Types A and B will be valid until 15.08.2017
. From this date onwards, there will be a single type of Authorized Traders Status (ATS) Certificate bearing the characteristics of Certificate Types C. The exporters will continue to benefit from the facilitations of Certificate Types A and B, the importers will continue to benefit from the facilitations of Certificate Types C.