National Depository

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The Turkish Ministry of Foreign Affairs’ National Depository serves as Türkiye’s official treaty depository. This repository conserves and digitizes a comprehensive catalogue of diplomatic instruments, including treaties, protocols, and conventions, spanning Türkiye’s modern diplomatic history. It highlights key multilateral treaties and bilateral treaties organized by counterpart country, making it an indispensable resource for study or reference of Turkey’s international obligations.

 

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NATIONAL ASSEMBLY OF THE REPUBLIC OF TÜRKİYE​

TREATY DOC. 001-01-01

TREATY RATIFICATION

MAY 2007

Procedural History & Background Information​ The Turkish American Trade Agreement is between the Republic of Türkiye (also referred to as Türkiye or the Turkish Government) and the United States of America (also referred to as the U.S. or the American Government). The agreement establishes the framework for bilateral trade, economic collaboration, and market access between the two nations. The document outlines trade terms, regulatory cooperation, dispute resolution mechanisms, and commitments to enhance commercial, financial, and investment relations. Prime Minister Ayşe Çiller, met with Ambassador Aiden Hawkins at the Çanakaya Residence in March 2007, expressing mutual interest in negotiating a trade agreement to strengthen economic ties. Following the meeting, Prime Minister Çiller directed the Ministry of Finance to conduct negotiations and finalize the agreement, while President Sinclair tasked the U.S. Department of Commerce to lead the American negotiating team. In April 2007, Prime Minister Çiller and President Sinclair held a brief telephone conversation during which both parties reaffirmed their commitment to concluding the trade agreement and expanding bilateral economic cooperation. Prime Minister Ayşe Çiller, in consultation with the Council of Ministers, met to approve a draft agreement which was presented to the United States. Following successive trade rounds, both parties began reviewing a final document. Negotiations concluded in May 2007, after which the agreement was formally presented and ratified by both parties in accordance with their respective legislative and constitutional processes. The agreement is scheduled to enter into force in June 2007, establishing a long-term framework for trade and economic collaboration between Türkiye and the United States. Prime Minister Ayşe Çiller approved the proposed final agreement following a review by the Council of Ministers. This review was managed by the Ministry of Foreign Affairs and the Ministry of Trade and Industry. The National Assembly approved the Trade Agreement in a formal vote with 511 in favor and 89 against. The Treaty received the full support of the National Assembly, and President Abdullah Gül signed the treaty. President Benjamin Sinclair signed on behalf of his Administration and formalized the treaty in accordance with the United State's Constitutional Process.

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TURKISH-AMERICAN TRADE AGREEMENT​

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Turkish-American Trade Agreement of 2007​

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CONTEXT​

The American-Turkish Trade Agreement of 2007 is between the nations of the United States of America (also referred to as the United States or America or American Government or Party) and the Republic of Türkiye (also referred to as Türkiye or the Turkish Government or Party), and together referred to as "The Parties." This treaty is meant to foster a spirit of mutual cooperation between the American and Turkish economies, as well as laying the foundation for a prosperous relationship between the Untied States and Turkey. Contained within this treaty is an agreement that is designed to foster good-faith and honest commerce and economic development between the United States and Türkiye.​

ARTICLE 1

OBJECTIVES AND GENERAL DEFINITIONS​

1.1 Objectives - The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement. The objectives of this Agreement are:​

a. To reduce barriers and facilitate trade in goods and services between the Parties, in conformity with general practices of fair trade.​

b. To promote trade in services and investment between the Parties.​

c. To promote competition in their economies, particularly as it relates to economic relations between the Parties.​

d. To adequately and effectively protect intellectual property rights.​

e. To contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade.​

f. To promote foreign direct investment without lowering or reducing environmental, labor, or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.​

1.2 Tariff Rate - With respect to goods, services, establishments, and associated matters not expressly provided for under this Agreement, the Parties agree that such goods and services shall be subject to a tariff rate of twenty-five percent (25%).

1.3 General Definitions - The following words/phrases are defined within the context if this Treaty:​

a. The Parties: The United States of America and The Republic of Türkiye.​

b. The/This Treaty: The American-Turkish Trade Agreement of 2007.​

c. The/This Agreement: The American-Turkish Trade Agreement of 2007.​

d. Dumping: Selling a product in the other party's market at a price lower than its normal price in the home market or below the cost of production.​

e. Countervailing Duties: Special tariffs that are imposed by the importing Party on the goods of the exporting Party to offset financial subsidies provided by the exporting Party to its domestic industries.​

ARTICLE 2

SCOPE OF COMMERCE​

2.1 Scope of American Commerce - The trade of the following goods, with certain specificities, from the United States to Türkiye shall be covered by this Agreement:​

a. Final manufactured goods produced in the United States and/or assembled by companies registered in the United States, comprising: Machinery and mechanical appliances (including nuclear reactors and boilers); electrical and electronic equipment; plastics and plastic articles; furniture, lighting and prefabricated buildings; and articles of iron or steel.​

i. Regarding nuclear reactors and associated products: The Turkish Government agrees to never use any of these technologies, materials, fuels, products, biproducts, or waste to produce radiological weapons of any kind, and also further agrees not to export these technologies, materials, products, biproducts, or waste to any other country without the expressed permission of the United States.​

ii. Regarding nuclear reactors and associated products: The Turkish Government further agrees that it will inform the United States Department of Energy of all locations that store and utilize said technologies, materials, fuels, products, byproducts, and waste and will allow inspectors from the Department of Energy to inspect such facilities, at any time, if requested by the United States.​

b. Foodstuffs including: raw, processed, and packaged items like grains, fruits, vegetables, meat, meat, fish, potato chips, and hot sauce; as well as beverages such as: water, soda, dairy, and alcohol.​

c. Books published and printed in the United States which are written in the English language.​

d. Petroleum products, both raw and refined, such as materials derived from processing crude oil, natural gas, and other hydrocarbons; including fuels like gasoline, diesel, and jet fuel; as well as asphalt, waxes, lubricants, and petrochemical feedstocks for plastics and other chemicals.​

2.2 Scope of Turkish Commerce - The trade of the following goods, with certain specificities, from Türkiye to the United States shall be covered by this Agreement:​

a. Final manufactured goods produced in Türkiye and/or assembled by companies registered in Türkiye, comprising: Machinery and mechanical appliances (including computers); electrical machinery and equipment; gems, precious metals and jewelry; textiles and apparel (including hand-woven rugs).​

b. Primary goods produced in Türkiye and/or extracted and refined by companies registered in Türkiye, comprising: Mineral fuels and oils (refined petroleum products); precious stones and metals; iron and steel products; plastics and plastic articles (feedstocks and finished items); agricultural commodities (wheat, flour); and borates.​

c. Books published and printed in Türkiye which are written in the Turkish language.​

2.3 Good Faith Commerce - Both parties agree to the good faith measures in this section of the Agreement:​

a. To adequately and effectively protect intellectual property rights.​

b. To contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade.​

c. To promote foreign direct investment without lowering or reducing environmental, labor, or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.​

d. To accept foreign products and raw materials from the other Party, as specified in this Agreement, without using tactics to purposely make those products undesirable or unreasonably difficult to obtain by individuals and organizations domestically;​

i. Both Parties may require that foreign goods of any kind be labeled with their national origin in a certain way, such as, but not limited to, "MADE IN AMERICA" or "MADE IN TURKEY."​

ii. Both Parties may require government contracts to be filled by using only domestically obtained/produced raw materials/products.​

e. To agree not to engaging in dumping or imposing countervailing duties.​

i. If either of the Parties feel that the other is engaged in dumping or the imposition of countervailing duties, then trade of the affected product(s) may be suspended for 60 days, provided that arbitration is initiated between both Parties to resolve the dispute.​

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ARTICLE 3

SECURITY AND APPLICATIONS​

3.1 Security - Nothing in this Agreement shall be construed: ​

a. To require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests.​

b. To prevent any Party from taking any action which it considers necessary for the protection of its essential security interests.​

c. To permit either Party to use merchant/commerce/trade personnel, vessels, aircraft, or vehicles to conduct espionage, surveillance, or any kind of military operation;​

i. Nor will this Agreement permit either Party to allow any other country or organization to use merchant/commerce/trade personnel, vessels, aircraft, or vehicles to conduct espionage, surveillance, or any kind of military operation.​

3.2 Entry into Force - This Agreement shall be approved by the Parties in accordance with their national and official legal procedures.​

a. This Agreement shall enter into force the day after both parties have approved it as set forth above in 3.2.​

b. The present Agreement shall be an integral part of the overall bilateral relations between the Parties.​

c. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.​

3.3 Territorial Application - The Agreement shall apply to the territories in that are recognized as part of the United States by the Global Assembly and to the territories of Türkiye which are recognized by the Global Assembly.

3.4 Fulfillment of Obligations - The Parties shall take any general or specific measures required to fulfill their obligations under this Agreement; they shall see to it that the objectives set out in this Agreement are attained.

3.5 Authentic Texts - This Agreement is drawn up in duplicate in English and Turkish, both languages being equally authentic.
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ARTICLE 4

DURATION, TERMINATION, AND AMENDMENT​

4.1 Duration and Termination - This Agreement shall be valid indefinitely unless the process of Termination is completed as follows:​

a. Either of the Parties may initiate Termination of this agreement by informing the other party, in writing, of their intention to terminate the agreement.​

b. Termination of the agreement will occur 30 days after the day of one party informing the other that they wish to terminate the Agreement.​

4.2 Amendment - Both Parties agree to permit amendments to this Agreement using the following procedure:​

a. Either party may submit an amendment to this Agreement in writing, which will initiate the Amendment Process.​

b. Once the Amendment Process has been initiated, it is up to both parties to agree to the exact wording of the amendments to this Treaty.​

i. Amendments can either be added into a new section, or can be direct changes/additions/omissions to the text of this Treaty.​

c. The Amendment Process shall be complete, and the amendment(s) shall enter into force, once both Parties have approved the amendment(s) in accordance with their national and official legal procedures.​

Signed for the United States of America,

President of the United States

Signed for the Republic of Türkiye,

President of the Republic of Türkiye​

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NATIONAL ASSEMBLY OF THE REPUBLIC OF TÜRKİYE​

TREATY DOC. 001-02-02

TREATY RATIFICATION

AUGUST 2007

Procedural History & Background Information​ The Turkish Spanish Trade Agreement is between the Republic of Türkiye (also referred to as Türkiye or the Turkish Government) and the Kingdom of Spain(also referred to as Spain or the Spanish Government). The agreement establishes the framework for bilateral trade, economic collaboration, and market access between the two nations. The document outlines trade terms, regulatory cooperation, dispute resolution mechanisms, and commitments to enhance commercial, financial, and investment relations. Prime Minister Çiller directed the Ministry of Trade to conduct negotiations to build upon the growing bilateral engagements between Türkiye and Spain. Both parties expressed mutual interest in negotiating a trade agreement to strengthen economic ties. In April 2007, Foreign Minister Boz held a brief exchange with her Spanish counterparts where the twotheir commitment to concluding the trade agreement and expanding bilateral economic cooperation. Prime Minister Ayşe Çiller, in consultation with the Council of Ministers, met to approve a draft agreement which was presented to the United States. Following successive trade rounds, both parties began reviewing a final document. Negotiations concluded in August 2007, after which the agreement was formally presented and ratified by both parties in accordance with their respective legislative and constitutional processes. The agreement is scheduled to enter into force in Septemer 2007, establishing a long-term framework for trade and economic collaboration between Türkiye and Spain. Prime Minister Ayşe Çiller approved the proposed final agreement following a review by the Council of Ministers. This review was managed by the Ministry of Foreign Affairs and the Ministry of Trade and Industry. The National Assembly approved the Trade Agreement in a formal vote with 545 in favor and 55 against. The Treaty received the full support of the National Assembly, and Trade Minister Evrim Rizvanoğlu signed the treaty on behalf of the Turkish President. First Deputy Prime Minister, Ms. Ivon Meza signed on behalf of her Government and formalized the treaty in accordance with the Spanish Constitutional Process.

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TURKISH-AMERICAN TRADE AGREEMENT​

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Turkish-Spanish Free Trade Agreement of 2007​

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TRADE AGREEMENT
Republic of Türkiye
Kingdom of Spain​

RECOGNIZING the need for trade relations as a means of developing longstanding and strong partnerships based on common principles and values of an open market and fair trade;

DESIRING to further develop a close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING their commitment to the Charter of the Global Assembly and the principles of cooperation and development;

REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social, and environmental dimensions, including economic development, poverty reduction, full and productive employment, and decent work for all, as well as the protection and preservation of the environment and natural resources;

RECOGNIZING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;

RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organizations;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities, and improve the general welfare through expanding mutual trade and investment;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

DESIRING to strengthen the development and enforcement of labor and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and

HAVE AGREED AS FOLLOWS:

CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1

Objectives

1. The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement.

2. The objectives of this Agreement are:

• (a) to reduce barriers and facilitate trade in goods and services between the Parties, in conformity with general practices of fair trade;
• (b) to promote trade in services and investment between the Parties;
• (c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;
• (d) to adequately and effectively protect intellectual property rights;
• (e) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;
• (f) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and
• (g) to promote foreign direct investment without lowering or reducing environmental, labor, or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.

3. With respect to goods, services, establishments, and associated matters not expressly provided for under this Agreement, the Parties agree that such goods and services shall be subject to a tariff rate of ten percent (10%)


Article 1.2
General definitions

Throughout this Agreement, references to:

The Parties mean, on the one hand, the Republic of Türkiye (hereinafter referred to as Türkiye), and on the other hand, the Kingdom of Spain (hereinafter referred to as Spain);

The Agreement means the Trade Agreement for Trade and Cooperation between Türkiye and Spain

CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

SECTION A

Common provisions

Article 2.1

Objective

The Parties shall progressively and reciprocally lower barriers in trade over specified goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement

Article 2.2

Scope and Coverage

Article 2.2 Scope and Coverage

This Chapter applies to trade in goods and trade in services between the Parties as set out below.

1. Trade in Goods

This Chapter shall apply to all goods that satisfy the origin requirements

(a) wholly obtained or produced in the territory of one Party;

(b) produced in the territory of one Party exclusively from originating materials; or

(c) produced in the territory of one Party using non-originating materials, provided they undergo substantial transformation as defined in Article 3.1.

2. Trade in Services

This Chapter shall apply to any measure adopted or maintained by a Party affecting trade in services, including measures affecting:


(a) cross-border supply of a service (Mode 1);

(b) consumption of a service in the territory of a Party by a consumer of the other Party (Mode 2);

(c) establishment and operation of a service supplier in the territory of a Party (Mode 3);

(d) presence of natural persons of a Party in the territory of the other Party for the purpose of supplying a service.


3. Suppliers of Goods and Services

This Chapter shall apply to goods and services supplied by:

(a) natural persons who are nationals of a Party;

(b) juridical persons that are constituted or organized under the laws of a Party and have their head office in the territory of that Party; and

(c) juridical persons in which nationals of a Party or juridical persons of a Party own or control at least 50 percent of the equity interest and that have their head office in the territory of that Party.

4. Special Coverage of Parties

For the purposes of tariff treatment under this Agreement, the Parties agree the following sectoral tariff ceilings and interim treatment shall apply to originating goods as defined in the Agreement’s rules of origin:

(a) Spain shall apply duties to these originating goods within the range 0 percent to 5 percent, that qualify as a Turkish product: electrical machinery and equipment; textiles and apparel; automotive parts and accessories.

(b) Türkiye shall apply duties to these originating goods within the range 0 percent to 5 percent, that qualify as a Spanish product: trucks; tractors; plastics; chemicals.


Article 2.3

Customs duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation. It shall not include any:

(a) charge equivalent to an internal tax imposed in respect of a like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;

(b) duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);

(c) fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10;

Article 2.4

Classification of goods

The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature, interpreted in conformity with the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System

Elimination of customs duties

Article 2.5

Elimination of customs duties

1. Except as otherwise provided by the Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with section A, article 2.2.

2. Both parties may in, relation to Section A, Article 2.2, apply a quota rate appropriately determined by the parties' trade authorities. The quota base shall be equivalent to the rate of the lowest tariffs applied to the most-favored nation. That duty rate shall apply as regards trade covered by this Agreement if and for as long as the two parties maintain a quota basis for conducting trade under sub-article d of Section A.

3. Five years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them and expand Section A, Article 2.2. Scope and Coverage. Following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined.

Article 2.6

Standstill

Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude either Party from raising a customs duty to the minimum level agreed upon by this agreement following a unilateral reduction.

Article 2.7

Administration and implementation of tariff-rate quotas

1. Each Party shall ensure that:

• (a) its procedures for administering its tariff-rate quotas (herein referred to as TRQs) are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;
• (b) any person of a Party that fulfills the importing Party’s legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;
• (c) except as specified in Article 2.5 Clause 3, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request.
• (d) each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item’s or mixture’s specification or grade, and shall not be conditioned on the item’s or mixture’s intended end-use or package size.

2. Each Party shall identify the entity responsible for administering its TRQs.

3. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilize TRQ quantities

4. Neither Party may condition application for, or utilization of, TRQ allocations on the re-export of a good.

SECTION C

Non-tariff measures

Article 2.8

National treatment

Each Party shall accord national treatment to goods of the other Party that are covered by this agreement.

Article 2.9

Import and export restrictions

Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes, or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party.

Article 2.10

Fees and other charges on imports

Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.

Article 2.11

Duties, taxes, or other fees and charges on exports

Neither Party may maintain or institute any duties, taxes, or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

SECTION D

Specific exceptions related to goods

Article 2.12

General exceptions

1. The Parties affirm that their existing rights and obligations under the Charter of the Global Assembly and organ agencies' decisions, which are incorporated into and made part of this Agreement, shall not be considered a renegation on the terms of this agreement should a party be subject to export/import restrictions.

2. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

SECTION F

AEROSPACE INDUSTRY AND PARTS

Article 1

General Provisions

Recognizing the importance of aerospace products and parts for growth, employment, and trade for both Parties, the Parties confirm their shared objectives and principles, for these products:

• (a) ensuring full market access by elimination of tariffs and non-tariff obstacles to bilateral trade pursuant to this Agreement by the parties;
• (b) promoting the compatibility of regulations based on international standards;
• (c) establishing competitive market conditions based on principles of openness, non-discrimination, and transparency;
• (d) securing the protection of human health, safety, and environment; and
• (e) enhancing cooperation to foster continued mutually beneficial development in trade.

Article 2

Regulatory convergence

1. The Parties recognize the global standards on Harmonization of Aerospace Regulations (hereinafter referred to as the ‘AER.29’), is the relevant international standard-setting body for the products covered by this Annex.

Article 3

Market access

Spain shall allow on its market the products originating or assembled by companies registered in Türkiye, in accordance with this Agreement:

(a) Spain shall accept any product that complies with the requirements listed in this agreement or as mutually recognized by both parties as complying with the corresponding provisions of the applicable Spanish technical regulations;

Türkiye shall allow on its market the products originating or assembled by companies registered in Spain, in accordance with this Agreement:

(a) Türkiye shall accept any product that complies with the requirements listed in this agreement or as mutually recognized by both parties as complying with the corresponding provisions of the applicable Turkish technical regulations;

CHAPTER THREE

TRADE REMEDIES

SECTION A

Bilateral safeguard measures

Article 3.1

Application of a bilateral safeguard measure

1. If, as a result of the reduction or elimination of customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures to safeguard the respective industry/good.

2. The importing Party may take a bilateral safeguard measure which:

(a) suspends further reduction of the rate of customs duty on the goods concerned provided for under this Agreement; or

(b) increases the rate of customs duty on the goods to a level which does not exceed the lesser of:

• (i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken;

Article 3.2
Conditions and limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply bilateral safeguard measures only following an investigation by its competent authorities.

3. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.

4. Neither party may apply a bilateral safeguard measure:

• (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
• (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
• (c) beyond the expiration of the transition period, except with the consent of the other Party.

Article 3.3

Provisional measures

In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days. The Party shall promptly refund any tariff increases if the investigation does not result in a finding that the requirements of Article 3.1 are met.

Article 3.4

Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.

2. If the consultations do not result in an agreement within 90 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.

3. The right of suspension referred to in the Paragraph shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

SECTION D

Anti-dumping and countervailing duties

Article 3.5

General Provisions

1. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant international requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose, the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures without prejudice. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.

2. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defense, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Türkiye or Spain from requesting a clarification written in Turkish or Spanish if:

(a) the meaning of the documents filed is not deemed reasonably clear by the Parties’ investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and

(b) the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.

3. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.

Article 3.6

Notification

1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.

2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.

Article 3.7

Consideration of public interests

The Parties shall endeavor to consider the public interests before imposing an anti-dumping or countervailing duty.

Article 3.8

Lesser duty rule

Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.

Article 3.9

Dispute settlement

Neither Party may have recourse to dispute settlement for any matter arising under this Section.

CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE

Article 4.1

Affirmation of the principles of technical Barriers to Trade

The Parties affirm their existing rights and obligations with respect to each other under the principles on reducing technical barriers to trade which are incorporated into and made part of this Agreement.

Article 4.2

Marking and labeling

1. The Parties note that a technical regulation may include or deal exclusively with marking or labeling requirements, and agree that where their technical regulations contain mandatory marking or labeling, they will observe that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfill a legitimate objective.

2. In Particular, the Parties agree that were a Party to require mandatory marking or labeling of products:

(a) the Party shall endeavor to minimize its requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product. Where labeling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfill a legitimate objective;

(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;

(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis; amd

(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product.

3. Notwithstanding this agreement recognizes cultural and religious exceptions covering types of food consumed and ensuring the necessary labels that conform with the religious requirements of the respective communities.

Article 4.3

Market access

1. With respect to market access through the cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favorable than that provided for under the terms, limitations, and conditions agreed and specified in the specific commitments made by the Parties.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, are defined as:

• (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (9);
• (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and
• (c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (10).

CHAPTER FIVE

Article 5.1

Rules of interpretation

Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the proceeding GATT Agreements, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.

Article 5.2

Arbitration panel decisions and rulings

1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.

2. Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement, and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.

SECTION D

General Provisions

Article 5.3

List of arbitrators

1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as a chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.

Security exceptions

Nothing in this Agreement shall be construed:

• (a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
• (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
  • (i) connected with the production of or trade in arms, munitions, or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
  • (ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
  • (iii) taken in time of war or other emergency in international relations; or
• (c) to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.

Article 5.4
Entry into force

1. This Agreement shall be approved by the Parties in accordance with their own procedures.

2. This Agreement shall enter into force 60 days after the date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.

3. Either Party immediately takes appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.

Article 5.5

Relation with other agreements

1. The present Agreement shall be an integral part of the overall bilateral relations.

2. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.

Article 5.6

Territorial application

1. This Agreement shall be provisionally applied from the first day of the month following the date on which Türkiye and Spain have notified each other of the completion of their respective relevant procedures.

2. In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such a provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Provided the other Party has completed the necessary procedures and does not object to the provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied on the first day of the month following the notification.

4. A Party may terminate a provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.

5. Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.

Article 5.7
Duration

1. This Agreement shall be valid indefinitely.

2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.

3. The denunciation will take effect nine months after the notification.

Article 5.8

Fulfillment of obligations

1. The Parties shall take any general or specific measures required to fulfill their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2. The Agreement shall apply to the territories in that are recognized as part of Spain by the Global Assembly, on the one hand, and to the territories of Türkiye, which are recognized by the Global Assembly on the other hand.

3. These provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the respective parties' customs territory.

Article 5.8

Authentic texts

This Agreement is drawn up in duplicate in Turkish and Spanish, both languages being equally authentic.​

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