{"id":24052,"date":"2022-02-26T13:05:38","date_gmt":"2022-02-26T10:05:38","guid":{"rendered":"https:\/\/www.bicakhukuk.com\/?p=24052"},"modified":"2025-03-19T14:26:39","modified_gmt":"2025-03-19T11:26:39","slug":"anti-corruption-bribery-laws-in-turkey","status":"publish","type":"post","link":"https:\/\/www.bicakhukuk.com\/en\/anti-corruption-bribery-laws-in-turkey\/","title":{"rendered":"Corruption & Bribery Laws in Turkey"},"content":{"rendered":"

Corruption & Bribery Laws in Turkey establish a strict legal framework to prevent and penalize illicit practices in both public and private sectors, ensuring transparency, accountability, and compliance not only with international anti-corruption standards but also domestic regulations. In recent years, regulators across the globe stepped up their pursuit of allegations of bribery and corrupt practices. Spurred on by changes in political leadership and increased scrutiny of bribery and corruption during the pandemic, we expect to see a sustained increase in anti-corruption and bribery investigations<\/a> in the fortcoming years.<\/span><\/p>\n

Though the laws relating to corruption have not changed in recent years, the manner in which they are being enforced clearly has. Regulators are increasingly cooperating, and companies must be on top of their compliance obligations in every jurisdiction in which they do business. Through our work, we have identified a number of key compliance issues<\/a> and questions that concern our clients across all industries in Turkey.<\/span><\/p>\n

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We have seen an increase in the number of investigations and prosecutions in Turkey. There has also been an increase in publication of information regarding high-profile investigations, arrests and prosecutions for corrupt activities in Turkey. Companies operating in Turkey must continue to invest in and expand their compliance programs<\/a> and tailor them to vagaries of Turkish markets to mitigate risks associated with Turkey\u2019s evolving regulatory frameworks.<\/span><\/p>\n

Our bribery lawyers provide expert advice and representation for individuals and corporates, whether they are under investigation or need assistance complying with legislation. The Anti-corruption and bribery regulations are wide-reaching and breaches can lead to personal and corporate administrative<\/a> or criminal liability<\/a>, with potential sanctions including fines and\/or imprisonment.<\/span><\/p>\n

Being subject to Turkish anticorruption laws<\/strong><\/span><\/h3>\n

Under Turkish criminal law<\/a>, not only natural persons are capable of committing criminal offenses, but also legal persons are subject to the Turkish Criminal Code (hereafter TCC) and can be criminally liable under it. Legal entities, however, may be fined under the TCC and Administrative Offences Act (herafter AOA) for crimes and\/or regulatory offenses committed by their organs, board members, authorized representative shareholders or management-level employees. In this context, Turkish law strictly distinguishes sactions as penalties and fines; only the latter may be imposed on legal entities. Turkish law clearly includes provisions imposing sanctions on companies for the offenses committed by their representatives.<\/span><\/p>\n

Under the TCC, individuals are, with rare exceptions, penalised for committing offenses on Turkish territory, including Turkish ships and aircraft. In some cases, however, crimes committed abroad are punishable under the TCC. In other words, Turkish law applies to all criminal acts committed in Turkey. Where a criminal act is partially, or fully, committed in Turkey, or the result of a criminal act occurs in Turkey the offence is presumed to have been committed in Turkey. If the criminal offence is committed: within Turkish territory, airspace or in Turkish territorial waters; on the open sea or in the space extending directly above these waters and in, or by using, Turkish sea and air vessels; in, or by using, Turkish military sea or air vehicles; on or against a fixed platforms erected on the continental shelf or in the economic zone of Turkey then this offence is presumed to have been committed in Turkey. (Art. 8)<\/span><\/p>\n

Any person who is convicted in a foreign country for an offence committed in Turkey is subject to retrial in Turkey(Art. 9). Any person who is employed as a public officer or is charged with a particular duty abroad by the Turkish State and who, in the course of that employment or duty, commits a criminal offence abroad is tried in Turkey, despite having been convicted in a foreign country in respect of his acts (Art. 10)<\/span><\/p>\n

Article 13 of the TCC includes some severe violations where the offense is committed against internationally protected legal interests. Some of these crimes include intentional pollution of the environment (Art. 181), production and trade of narcotics or psychotropic substances (Art. 188), facilitating the use of narcotics or psychotropic substances (Art. 190), counterfeiting money (Art. 197), manufacturing and trading of instruments used in the production of money and valuable seals (Art. 200); counterfeiting a seal (Art. 202), seizing control or hijacking of air, sea or rail transport vehicles (Art. 223, paragraphs 2 and 3) and offences relating to the damaging of such vehicles (Art. 152). The listed crimes are subjec to Turkish law regardless of whether or not committed in Turkey or abroad, or by a citizen or non-citizen of Turkey.<\/span><\/p>\n

Article 12 of TCC extends the applicability of the TCC, to, among others, all other crimes committed abroad to the detriment of a Turkish citizen or to the detriment of a legal personality established under Turkish civil law. Wit the condions that the offender is present in Turkey and there has been no conviction in a foreign country for the same offence then, upon the making of a complaint by the victim, the offender is subject to penalty under Turkish law.<\/span><\/p>\n

Dealings with third parties<\/strong><\/span><\/h3>\n

In certain circumstances, individuals can be punished in connection with crimes committed by others if they intentionally instigated or abetted them. Other criminal activities include aiding after the fact, which could potentially give rise to a criminal liability if committed in connection with an unlawful act of a third party.<\/span><\/p>\n

The Turkish Criminal Code make your company liable for the acts of your subsidiaries and employees. Of course, sanction of improsenment can be imposed upon a legal entity, however, a fine may be imposed on a legal entity if an organ or management-level employee commits a crime or regulatory offense.<\/span><\/p>\n

In addition, in certain cases, a management-level employee may be liable for the unlawful acts of a subordinate employee in the organization. This only applies under very specific conditions, i.e. where the acting individual had a severe lack of knowledge and, therefore, generally cannot be charged him-\/herself, while the supervisor intentionally exploited a respective lack of knowledge to make the subordinate individual commit a criminal offense. Please further note that a violation of obligatory supervision in operations and enterprises may lead to material fines of up to several million euros. Moreover, senior managers may be held personally liability pursuant to Turkey tort law if damage is caused by an assistant employee who has not been diligently selected, instructed, provided with equipment and\/or supervised.<\/span><\/p>\n

Foreign companies conducting business in Turkey often need to rely on the assistance of third parties, such as agents, consultants, subcontractors, and distributors. The third parties may be held liable under the FCPA if these third-party partners solicit or facilitate corrupt payments to Turkish officials. Enforcement authorities of foreign companies will charge companies based on the conduct of their third-party partners under traditional agency principles or theories of authorization and direct or indirect knowledge.<\/span><\/p>\n

During their investigations, for example the US Department of Justice and Securities and Exchange Commission, often look for specific red flags present within a thirdparty relationship, including excessive payments or commissions, vaguely defined services, and a third party\u2019s close association with Turkish officials.<\/span><\/p>\n

Foreign companies conducting business in Turkey must analyze the risks inherent in dealing with organizations or individuals associated with Turkish governments. One should note that Turkish economy presents a unique set of risks, as the government may operate through state-owned enterprises or even exercise control over private companies.<\/span><\/p>\n

Many of the settled cases in Turkey and other convictions have involved intermediaries paying bribes to public officials and\/or private individuals.<\/span><\/p>\n

Because of this, companies should thoroughly evaluate, train, and monitor third-party partners in Turkey. Companies should analyze the risks inherent to the third-party agreement, scrutinize the third party\u2019s background and prior experience, and probe any ties to Turkish officials. Foreign companies are recommended to conduct due diligence to identify high-risk relationships and adopt more robust procedures with regard to these individuals or entities. Additionally, companies should ensure that a third party\u2019s contract states with particularity the legitimate services to be performed and includes a reasonable fee structure. Finally, foreign companies should periodically train and closely monitor all third-party partners in Turkey. When red flags arise during a relationship with a third party, they should be promptly investigated.<\/span><\/p>\n

Public official in Turkey<\/strong><\/span><\/h3>\n

According to the article 6 of the TCC, a \u201cpublic official\u201d is any person who is elected, appointed or chosen in any other way to carry out a public duty for a temporary, permanent or specifically defined time period.<\/span><\/p>\n

Foreign companies conducting business in Turkey must assess the risks and variables present within each national and local environment. Companies must understand exactly who they are transacting with both directly and indirectly, and whether such persons may be considered foreign officials under the FCPA. Businesses should take particular care when engaging in commercial dealings with entities owned or controlled by Turkish governments. Additionally, companies should maintain effective training<\/a> and compliance programs designed to prevent and detect FCPA violations.<\/span><\/p>\n

Related crimes committed alongside bribery<\/strong><\/span><\/h3>\n

The Turkish law not only prohibits bribery of Turkish officials; it also requires that businesses should (1) keep books and records that accurately reflect company transactions and uses of assets; and (2) maintain a system of internal controls sufficient for management to maintain control over assets.<\/span><\/p>\n

Bribery is often accompanied by falsification of books and records<\/strong> (such as booking illegal payments as commissions or travel expenses).<\/span><\/p>\n

Violation of other laws maybe seen in various types;<\/span><\/p>\n