2010 ilerleme raporu - Avrupa Birliği Bakanlığı

The Financial Action Task Force (FATF) included Turkey amongst 25 countries subject to a
targeted review because of deficiencies with regard to nine out of ten key and core
recommendations. At its plenary session in February 2010, the FATF published a list entitled
‘Improving global AML/CFT compliance: on-going process’ which also includes Turkey.
Particular deficiencies identified include areas such as criminalisation of financing of
terrorism and an adequate legal framework for identifying and freezing terrorist assets.
Turkey submitted to the FATF an action plan setting out the measures to address the
deficiencies.
The Turkish Financial Investigation Unit (MASAK) signed memoranda of understanding for
exchanges of information with its counterparts in Croatia, Bosnia and Herzegovina, Ukraine,
Japan and Norway.
A considerable increase was recorded in the number of suspicious transaction reports relating
to possible money laundering: 9,823 reports were notified to MASAK in 2009, compared with
4,924 in 2008 Most of them were submitted by the banking sector. In contrast, the number of
suspicious transaction reports concerning financing of terrorism decreased to 49 in 2009 from
228 in 2008. Prosecutions were brought in 23 cases in 2009, compared with 42 in 2008; 15 of
those resulted in opening of cases before courts in 2009, compared with 34 in 2008.
Convictions, confiscations, seizures and freezing of assets remain limited.
Turkey applied the 2008 Law regarding recovery of certain assets to the national economy
until December 2009. Statistics are not available on suspicious transaction reports made under
this law. MASAK included specific courses on the law in the training programme for obliged
parties. It continued running training activities for examiners, judges, prosecutors and obliged
parties. The capacity of MASAK needs to be strengthened and training of the judiciary and
law enforcement bodies needs to continue. Turkey has not yet ratified the Council of Europe
Convention on laundering, search, seizure and confiscation of the proceeds from crime and on
the financing of terrorism (CETS 198), although it signed it in 2007.
Conclusion
Progress has been made on alignment with the acquis on the fight against money laundering,
but the legal framework against financing of terrorism is still incomplete. There has been no
progress on capital movements and payments, nor on payment systems, areas in which
alignment with the acquis remains incomplete. Obstacles still stand in the way of acquisition
of real estate by foreigners. Sectoral restrictions are still in place, including on foreign direct
investments originating from the EU.
4.5. Chapter 5: Public procurement
No progress can be reported on general principles. Extensive use of the 15% price advantage
for domestic bidders continued. The advantage clause was applied to 24% of the overall
contract value which was above the threshold, as opposed to 18% in 2009. There was a
significant increase in the number of contracts covered by exclusions and via direct purchases.
In all, 28% of contracts and 12% of the overall contract value were not subject to the tender
procedures stipulated in the Public Procurement Law. Revision of the legislation is necessary
to reduce the frequency of use of alternative procurement procedures. Preparations are
moderately advanced in this area.
Some progress has been made on award of public contracts. The strategy adopted in
February 2010 for enhancing transparency and strengthening the fight against corruption is a
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