Our Information Note on the latest development concerning the import of medical diagnostic units as a further COVID-19 measure has been published.

1. INTRODUCTION

The Communiqué on the Import of Medical Diagnostic Units (Imports: 2020/19) (the “Communiqué”) has been published in the Official Gazette dated 2 April 2020 and numbered 31087 for the purposes of regulating the import regime of such units due to the COVID-19 pandemic.

2. IMPORTS REGULATED IN THE COMMUNIQUÉ

Pursuant to article 3 of the Communiqué, customs authorities will request a consent letter issued by the Turkish Pharmaceuticals and Medical Devices Agency during customs declaration registrations with respect to the “release for free circulation” and “temporary admission” procedures of certain goods, the tariff position (Gümrük Tarife Pozisyonu “G.T.P.”) and description[1] as set out in the Communiqué.

The Communiqué further provides that applications within the scope of the Communiqué on the Import Control of Medical Devices (Product Safety and Inspection: 2020/16)[2] for medical diagnostic units, the G.T.P and description as set out in the Communiqué can only be made after obtaining such consent letter from the Turkish Pharmaceuticals and Medical Devices Agency.

The provisions of the Communiqué will however not be applicable with respect to companies that have been licensed by the Ministry of Health. Such companies will therefore not be required to obtain such letter of conformity when importing the abovementioned goods.

3. CONCLUSION

The sale of medical diagnostic units of urgent importance vis-à-vis the spread of COVID-19 at excessive prices, especially on social media, has caused a serious reaction and the Ministry of Health was asked to take appropriate measures to prevent any such sales. By subjecting the import of such units to a prior consent mechanism and requiring licensed companies to carry out such imports, it appears that the Ministry of Health is intending to stop such arbitrary sales of medical diagnostic products.