Significant amendments have been introduced to the Regulation on Freight Forwarding.

1)      The scope of the definition of "Freight Forwarder" has been expanded.

In Article 4(i) titled “Definitions,” which sets out the definition of a freight forwarder, the phrase “In accordance with the Law on Industry and Trade and Law No. 4925 on the Transportation of Maritime (Cabotage) and Ports and Ports and Execution within the Territorial Waters of Turkey dated 19/4/1926 and numbered 815” has been amended. The revised provision broadens the definition to allow for the inclusion of other types of forwarding activities in the transportation of goods.

Additionally, the same paragraph now includes new descriptors for freight forwarders, explicitly stating that they may also engage in “storage, packaging, labeling, order management, insurance, distribution, and other logistics operations related to forwarding.” This amendment expands the scope of activities covered under the definition of a freight forwarder.

2)      The capital adequacy limit has been increased.

In Article 7, titled “Requirements for Obtaining an Authorization Certificate,” the minimum capital requirement has been increased from 150,000 Turkish Liras to 1,000,000 Turkish Liras. However, pursuant to Temporary Article 6, it is stipulated that this new requirement will not apply to existing certificate holders until the date of their certificate renewal.

3)      Green logistics incentives and KTK discounts excluded in short-term authorization certificate holders.

With the new paragraph added to Article 10, titled “Duration of Authorization Certificates,” it is stipulated that holders of one-year TİO (Freight Forwarder) authorization certificates are not eligible to apply for a Green Logistics Certificate under the Combined Transport Regulation, nor can they benefit from the discounts provided under Article 73 of the Road Transport Regulation.

4)      In case of transport obstacles, the obligation to return the cargo unconditionally has been abolished.

The previous provision regulating the procedure to be followed in the event of unexpected incidents obstructing transport during forwarding—previously inconsistent with the Turkish Commercial Code No. 6102—has been largely repealed. Instead, reference is now made to Article 869 of the Turkish Commercial Code. As a result, the former strict obligation requiring the freight forwarder to return the cargo to the place of receipt is no longer applicable. A more advantageous and equitable regime, as outlined in the Turkish Commercial Code, has been adopted for freight forwarders.

From the freight forwarder’s perspective, where the delivery obstacle does not arise from a cause falling within the carrier’s risk area, the Regulation now also incorporates the options of waiting for instructions, requesting fees or advances, delivering to third parties, and arranging for the sale or disposal of the cargo.

5)      Restrictions imposed on the use of foreign-licensed vehicles/ships in domestic transport.

Vehicles with foreign license plates operating under TİO authorization certificates are prohibited from performing transport operations between two points located within the borders of Turkey. The same restriction applies to foreign-flagged vessels conducting transport between two ports within Turkish territory.

With the addition of subparagraph (j) to Article 21(1), which regulates administrative fines, violations of these restrictions are now subject to administrative penalties.

6)      New training standards recognized as equivalent to ÜDY and ODY certificates.

Paragraph 4 of Article 16 of the Regulation has been amended to provide that diplomas obtained in Turkey from departments such as Logistics, Maritime Business Management, Maritime Transportation Management Engineering, and Maritime Business and Management, as well as certificates awarded upon successful completion of the IRU or FIATA training programs, may be used in lieu of the ÜDY or ODY certificates.