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A New Regulation Concerning Transactions with the General Directorate of Mining and Petroleum Affairs Through Electronic Means Has Been Published

07.09.2021

The Regulation on the Conduct of Services of the General Directorate of Mining and Petroleum Affairs in an Electronic Environment has been published in the Official Gazette No. 31573 dated 19 August 2021 (“Regulation”). You can read the Regulation here (available in Turkish only).

The General Directorate of Mining and Petroleum Affairs (“MAPEG”) operates under the Ministry of Energy and Natural Resources and has the authority to ensure that license holders operate mining and petroleum sites in accordance with applicable laws and regulations. The main duties vested in MAPEG include granting exploration and operating licenses and operating permits for natural resources, supervising activities in mines and at petroleum sites, and ensuring resources and reserves are reported in accordance with international standards.

Significant changes in the Regulation are as follows:

⦁ Individuals who operate mining and petroleum sites are now obliged to make all declarations through MAPEG’s electronic automation software (the "Software”). Similarly, related parties must submit all requests to MAPEG through the Software. MAPEG will no longer evaluate declarations and requests made by methods such as physical petitions, registered electronic mail, electronic mail, etc.
⦁ All applications relating to natural resources, such as exploration and license permits, must be made through the Software. In the same way, it has been regulated that relevant parties must carry out tender procedures for mining and petroleum sites electronically.
⦁ It is obligatory to use e-delivery receipts produced through the Software in mining deliveries; any other delivery receipts are invalid.
⦁ The authority of individuals and legal persons who are authorized to make transactions electronically may be transferred in part or completely to a third party. The regulation stipulates that the transferor and transferee will be jointly liable for all transactions made through the Software.
⦁ According to Provisional Article 1 of the Regulation, physical delivery receipts that are not used by license holders should be returned to MAPEG.

Conclusion

The aim of the Regulation is to complete the above-mentioned procedures in a cost and time-efficient manner and to facilitate the supervision carried out by MAPEG. License holders and persons planning to apply for licenses in the mining and petroleum markets are required to make all declarations, requests, and applications electronically and should produce e-delivery receipts in the same way.