2010 ilerleme raporu - Avrupa Birliği Bakanlığı

The Financial Action Task Force (FATF) included Turkey amongst 25 countries subject to atargeted review because of deficiencies with regard to nine out of ten key and corerecommendations. 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 ofterrorism 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 thedeficiencies.The Turkish Financial Investigation Unit (MASAK) signed memoranda of understanding forexchanges 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 relatingto possible money laundering: 9,823 reports were notified to MASAK in 2009, compared with4,924 in 2008 Most of them were submitted by the banking sector. In contrast, the number ofsuspicious transaction reports concerning financing of terrorism decreased to 49 in 2009 from228 in 2008. Prosecutions were brought in 23 cases in 2009, compared with 42 in 2008; 15 ofthose 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 economyuntil December 2009. Statistics are not available on suspicious transaction reports made underthis law. MASAK included specific courses on the law in the training programme for obligedparties. It continued running training activities for examiners, judges, prosecutors and obligedparties. The capacity of MASAK needs to be strengthened and training of the judiciary andlaw enforcement bodies needs to continue. Turkey has not yet ratified the Council of EuropeConvention on laundering, search, seizure and confiscation of the proceeds from crime and onthe financing of terrorism (CETS 198), although it signed it in 2007.ConclusionProgress 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 noprogress on capital movements and payments, nor on payment systems, areas in whichalignment with the acquis remains incomplete. Obstacles still stand in the way of acquisitionof real estate by foreigners. Sectoral restrictions are still in place, including on foreign directinvestments originating from the EU.4.5. Chapter 5: Public procurementNo progress can be reported on general principles. Extensive use of the 15% price advantagefor domestic bidders continued. The advantage clause was applied to 24% of the overallcontract value which was above the threshold, as opposed to 18% in 2009. There was asignificant 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 tenderprocedures stipulated in the Public Procurement Law. Revision of the legislation is necessaryto reduce the frequency of use of alternative procurement procedures. Preparations aremoderately advanced in this area.Some progress has been made on award of public contracts. The strategy adopted inFebruary 2010 for enhancing transparency and strengthening the fight against corruption is aEN 50 EN