Presidential Decree No. 6923, amending the Decree on State Aid for Investments, was published in the Official Gazette dated March 10, 2023.
Presidential Decree No. 6923 on Amending the Decree on State Aid for Investments was published in the Official Gazette dated 10.03.2023 and numbered 32128. With the regulation in Article 1 of the Decree, the phrase "and investments related to electricity generation" was added after the word "investments" in the second paragraph of Article 16 of the Decree on State Aid for Investments; with this amendment, it has been stipulated that investment sites cannot be allocated to investments related to electricity generation.
With the phrase added to the first paragraph of Article 17 of the Decree on State Aid for Investments by Article 2 of the Decree, it has been regulated that investments in the production of load-bearing columns and transmission columns made of vulcanised rubber with US-97 code 2519.0.04 (earthquake damage-preventing seismic isolation devices, epoxy-coated prestressing strands, etc.) may benefit from the regional incentives applied in the 5th region.
With the phrase added by Article 3 of the Decree to the tenth paragraph of Article 24 of the Decree on State Aid for Investments, titled "Investment period and completion visa", it has been stated that the completion visa of investments in unlicensed solar and wind electricity generation supported under regional incentive schemes will be deemed to have been granted if the company submits to the Ministry a certified copy of the provisional acceptance certificate issued by the relevant institution for the investment subject to the incentive certificate, together with the sworn financial advisor report, determined by communiqué, confirming that the minimum fixed investment amount has been reached.
With Article 4 of the Decree, Provisional Articles 16 and 17 were added to the Decree on State Aid for Investments.
Provisional Article 16 provides that the duration of investment incentive certificates issued for investments applied for before 6/2/2023 and still ongoing as of that date in the provinces of Adana, Adıyaman, Diyarbakır, Elazığ, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa and the Gürün district of Sivas, which were affected by the earthquakes that occurred in Kahramanmaraş on 6/2/2023, shall be deemed extended by three years without any request.
Provisional Article 17 provides that, within the scope of investment incentive certificates issued for investments in the provinces of Adana, Adıyaman, Diyarbakır, Elazığ, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa and the Gürün district of Sivas affected by the earthquakes of 6/2/2023, and incentive certificates to be issued in these provinces and the relevant district upon applications made until 31/12/2024:
a. If the repayment obligations specified in the ninth paragraph of Article 11 regarding loans used to finance investments and financial leasing borrowings cannot be fulfilled from the 3/2023 period maturity until the 3/2025 period maturity (including these maturities), no action will be taken on the grounds that the repayment obligation has not been fulfilled in terms of interest or profit share support payments, and if the repayment obligation is fulfilled after the payment dates, the obligation will be deemed fulfilled on time and the support payment will be made;
b. Refinancing loans used for the collection and liquidation of the remaining balance of the loan used, and notified to the Ministry by the intermediary institution within the investment period of the incentive certificate, will not be considered as an additional loan.
The Decree entered into force on 10.03.2023, the date of its publication.
