Legislation
Procedures & Principles
PROCEDURES AND PRINCIPLES REGARDING THE REGISTERING OF DEVICES HAVING ELECTRONIC IDENTIFICATION INFORMATION
FIRST SECTION
Purpose, Scope, Basis, Definitions and Abbreviations
Purpose and scope ARTICLE 1 ARTICLE 1- (1) Purpose of these procedures and principles is to define procedures and principles regarding the registering of Electronic Identity Information of devices having Electronic Identity Information which are being imported or manufactured into Central Equipment Identity Register. Basis ARTICLE 2- (1) These procedures and principles were prepared based on Wireless Act no. 2813 dated 05/04/1983 and Regulations regarding the devices having Electronic Identity Information published in Official Gazette no. 26322 dated 17/10/2006 Definitions and Abbreviations ARTICLE 3- (1) In the application of these procedures and principles; followings defines the subsequent explanation:ARTICLE 2- (1) These procedures and principles were prepared based on Wireless Act no. 2813 dated 05/04/1983 and Regulations regarding the devices having Electronic Identity Information published in Official Gazette no. 26322 dated 17/10/2006 a) AKM: Subscriber Registration Center b) White list: the list consisted of Electronic Identity Information of devices informed to the Authority by importing or manufacturing by the firms or bringing appropriate to regulations individually by people and of devices which of Electronic Identity Information has not been changed that are taken into registration within application time or upon applications done by device users passing the application time because of rightful apology, c) Device: Device connected to wireless or electronic communication network directly or indirectly or concerning part of the device. ç) Electronic signature: Electronic data which is added to another electronic data or which has logical connection with electronic data and used for the purpose of Identification authentication. d) Electronic Identification information: Identification definition assigned to wireless devices solely and uniquely. e) Firm: Legal entity manufacturing or importing the devices having electronic Identification information. f) IMEI: International Mobile Equipment Identification g) ITS: Import Follow-up system ğ) Internet page: Website formed by the Telecommunication Authority related to Central Equipment Identity Register. h) Capacity report: The report showing and annual manufacture capacity of importer firms and which is issued by the concerning Chamber of Industry. ı) Registration fee receipt: Bank slip having explanatory expression of ?registration fee? on it. i) Authority: The Telecommunication Authority. j) Central Equipment Identity Register (CEIR): Database of central mobile device identification definition founded within the structure of the Authority. k) TAC: Type Approval Code l) Technical controls: Black list and TAC controls made before transferring of Electronic Identity Information belonging to devices which are imported or manufactured or brought individually into white list. Unless otherwise stated; the definitions in these Procedure and Principles have the meanings given in Wireless Act no. 2813 and Regulations regarding the devices having Electronic Identification Information. SECOND SECTION
Registering of devices having Electronic Identification Information
Applicants ARTICLE 4- (1) Applications related to registering of devices having Electronic Identity Information are made by importer or manufacturer firms and owners of the devices brought through individual import from abroad. Individual Application ARTICLE 5 (1) Owners of the devices brought through individual import from abroad applies to subscription centers of GSM operators by completing necessary certificates in the framework of customs regulations. (2) GSM operators send to the Authority the information and the certificates related to the applications made to the subscription centers. (3) In case the certificates are not acceptable according to the regulations; IMEI number which is entered into CEIR (Central Equipment Identity Register) in order to fulfill registration process is removed from white list by writing refusal reason Firm applications ARTICLE 6- (1) Firms apply to the Authority for registering of devices imported or manufactured after import and manufacture process is realized. Firm application methods ARTICLE 7- (1) Firm applications related to registering of devices having Electronic Identity Information is made in electronic form. However documents related to applications made in electronic form can be demanded in case it is seen necessary by the Authority. Application in Electronic Form ARTICLE 7- (1) Firm applications related to registering of devices having Electronic Identity Information is made in electronic form. However documents related to applications made in electronic form can be demanded in case it is seen necessary by the Authority. ARTICLE 8 (1) In order to be able to apply in electronic form; user name, password and certificate which is necessary for access to CEIR is delivered to the person who is authorized by the firm against minutes. Firm is responsible from security of user name and password assigned to the firm and every kind of transactions made through the mentioned user name and password. One user name, password and certificate is given to each firm. However user name, password and certificate assignment more than one can be done upon demand of the firm and if it is seen acceptable by the Authority. (2) Following items are informed to the Authority in electronic form by the importer firm in the scope of application of registering of the imported devices having Electronic Identity Information; a) Date of import, b) Customs Declaration Number, c) Name of the country imported from, ç) Device mark and model corresponding to imported device and which is selected from the list as TAC 6 or 8 digits d) Quantity of IMEI belonging to the imported device e) Electronic Identity Information of the imported devices f) Information related to receipt of registration fee. g) Scanned copies of the certificates mentioned in Article 9. IMEI numbers which were sent are not accepted by CEIR unless they pass the technical controls. (3) Following items are informed to the Authority in electronic form by the manufacturer firm in the scope of application of registering of the manufactured devices having Electronic Identity Information; a) Date of manufacture, b) Capacity report c) Device mark and model corresponding to manufactured device and which is selected from the list as TAC 6 or 8 digits ç) Quantity of IMEI belonging to the manufactured device d) Electronic Identity Information of the manufactured devices e) Information related to receipt of registration fee. f) Scanned copies of the certificates mentioned in Article 9. Electronic Identity Information which were sent are not accepted by CEIR unless they pass the technical controls, (4) In case TACs of the devices which is demanded to be registered by the firm are not defined in CEIR; an official letter with wet signature explicitly mentioning information of mark, model, TAC and TAC digit numbers to be taken from the manufacturer or representative of the manufacturer in Turkey should be submitted to the Authority together with petition of the firm with wet signature and copy of signatory circular in order to add to the system the TACs which does not exist in the list. (5) Truth and integrity of the information and certificates sent during application are under responsibility of the firm. Before starting review and evaluation transactions by the Authority; firm reserves right of changing on information and documents that it sent. Application through documents
ARTICLE 9- (1) Application through documents is made by informing the Authority for the information related to the import/manufacture through documents. (2) Firm delivers the following items to the Authority in the scope of registering application; a) Application petition mentioned in Annex-1 containing mark, model and quantity related to the imported/manufactured devices, and firm cachet and title and wet signature of authorized person of the company b) One copy of customs declaration certified by notary public or certified with customs cachet of ?Same as original?. c) Capacity report of manufacturer firm for manufactured devices. ç) CD of which content is mentioned in Annex-2 containing IMEI numbers prepared in text format according to mark and models for applications that are not done from electronic form. d) An official letter explicitly mentioning information of mark, model, TAC and TAC digit numbers to be taken from the manufacturer or representative of the manufacturer in Turkey in case a new TAC is used. e) Original of registration fee receipt f) Signatory circular of the firm Review and Evaluation
ARTICLE 10- (1) The Authority performs necessary reviews on information and certificates upon applications made through electronic form or papers; and registers IMEI numbers belonging to the noticed devices appropriate with the provisions of the regulations. (2) Application is not taken into evaluation if there is any absence or mistake on the information and certificates obtained by the applicants. (3) Application is rejected by writing reason to explanation section if any inconsistency is determined on the information or certificates existing in the content of the application. (4) Application is taken into process again if the problem mentioned in rejection reason is remedied by the firm. (5) Application is completely rejected if electronic identity information belonging to devices sent through papers does not pass from technical controls and this situation is informed to the applicant. Applications for Mainboard and Exchange device
ARTICLE 11- (1) Applications related to imported/manufactured exchange devices for changing of mainboards having electronic identity information imported/manufactured as spare part and of devices having electronic identity information which were imported/manufactured and taken into white list for the purpose of furnishing technical service for the devices having electronic identity information which were imported/manufactured and taken into white list are made through obtaining information and certificates mentioned in Article 9. (2) Numbers existing in IMEI notice list given in the application are not taken into white list unless exchange device or mainboard which are imported/ manufactured instead of them are informed to the Authority and removed from the white list. Changing notices of exchange device and mainboard are realized by their importers/manufacturers only. Test Devices
ARTICLE 12- (1) Applications regarding the test devices are made through obtaining information and certificates mentioned in Article 9. (2) Compatibility to standards is not required in electronic identity information of test devices. (3) Information on that the devices are test or sample should exist on customs declaration. (4) Application can be made in electronic form if electronic identity information belonging to informed test devices is compatible with standards and if they exist in TAC list. IMEI correction
ARTICLE 13- (1) IMEI correction transaction is done through entering of wrong and true IMEI number by using ?IMEI correction? menu in electronic form of IMEI number which is noticed that it was misinformed after notice is registered and approved. (2) IMEI number for which correction is demanded and copies of import certificates of which changing notice is made are enclosed to the petition submitted by firm related to the situation. IMEI matching
ARTICLE 14- (1) The devices which are determined by CEIR that their electronic identity information were changed are matched with single GSM number through using ?IMEI matching? menu by the importer/manufacturer firm. Registration fee
ARTICLE 15- (1) Registration fee to be taken for each IMEI number to be registered is increased in the direction of revaluation rates determined by Ministry of Finance every year. Fractions are transited to integer. THIRD SECTION
MISCELLANEOUS AND FINAL PROVISIONS
Changed IMEI Numbers
Article 16- (1) IMEI numbers which were changed through mainboard changing or exchange method but still existing in the white list up to date are informed to the Authority within one month as of effective date of these procedures and principles. (2) Old and new IMEI numbers take part in the file prepared in text format appropriate to the shape mentioned in Annex-3 in the content of CD. Validity
Article 17- (1) These procedures and principles shall enter into force on the date when it is approved by the Telecommunication Authority. Execution
Article 18- (1) Provisions of these procedures and principles are executed by Chairman of the Telecommunication Authority. 27/12/2019
Ordinance
FIRST SECTION
Purpose, Scope, Basis, Definitions and Abbreviations
Purpose and scope ARTICLE 1 ARTICLE 1- (1) Purpose of these procedures and principles is to define procedures and principles regarding the registering of Electronic Identity Information of devices having Electronic Identity Information which are being imported or manufactured into Central Equipment Identity Register. Basis ARTICLE 2- (1) These procedures and principles were prepared based on Wireless Act no. 2813 dated 05/04/1983 and Regulations regarding the devices having Electronic Identity Information published in Official Gazette no. 26322 dated 17/10/2006 Definitions and Abbreviations ARTICLE 3- (1) In the application of these procedures and principles; followings defines the subsequent explanation:ARTICLE 2- (1) These procedures and principles were prepared based on Wireless Act no. 2813 dated 05/04/1983 and Regulations regarding the devices having Electronic Identity Information published in Official Gazette no. 26322 dated 17/10/2006 a) AKM: Subscriber Registration Center b) White list: the list consisted of Electronic Identity Information of devices informed to the Authority by importing or manufacturing by the firms or bringing appropriate to regulations individually by people and of devices which of Electronic Identity Information has not been changed that are taken into registration within application time or upon applications done by device users passing the application time because of rightful apology, c) Device: Device connected to wireless or electronic communication network directly or indirectly or concerning part of the device. ç) Electronic signature: Electronic data which is added to another electronic data or which has logical connection with electronic data and used for the purpose of Identification authentication. d) Electronic Identification information: Identification definition assigned to wireless devices solely and uniquely. e) Firm: Legal entity manufacturing or importing the devices having electronic Identification information. f) IMEI: International Mobile Equipment Identification g) ITS: Import Follow-up system ğ) Internet page: Website formed by the Telecommunication Authority related to Central Equipment Identity Register. h) Capacity report: The report showing and annual manufacture capacity of importer firms and which is issued by the concerning Chamber of Industry. ı) Registration fee receipt: Bank slip having explanatory expression of ?registration fee? on it. i) Authority: The Telecommunication Authority. j) Central Equipment Identity Register (CEIR): Database of central mobile device identification definition founded within the structure of the Authority. k) TAC: Type Approval Code l) Technical controls: Black list and TAC controls made before transferring of Electronic Identity Information belonging to devices which are imported or manufactured or brought individually into white list. Unless otherwise stated; the definitions in these Procedure and Principles have the meanings given in Wireless Act no. 2813 and Regulations regarding the devices having Electronic Identification Information. SECOND SECTION
Registering of devices having Electronic Identification Information
Applicants ARTICLE 4- (1) Applications related to registering of devices having Electronic Identity Information are made by importer or manufacturer firms and owners of the devices brought through individual import from abroad. Individual Application ARTICLE 5 (1) Owners of the devices brought through individual import from abroad applies to subscription centers of GSM operators by completing necessary certificates in the framework of customs regulations. (2) GSM operators send to the Authority the information and the certificates related to the applications made to the subscription centers. (3) In case the certificates are not acceptable according to the regulations; IMEI number which is entered into CEIR (Central Equipment Identity Register) in order to fulfill registration process is removed from white list by writing refusal reason Firm applications ARTICLE 6- (1) Firms apply to the Authority for registering of devices imported or manufactured after import and manufacture process is realized. Firm application methods ARTICLE 7- (1) Firm applications related to registering of devices having Electronic Identity Information is made in electronic form. However documents related to applications made in electronic form can be demanded in case it is seen necessary by the Authority. Application in Electronic Form ARTICLE 7- (1) Firm applications related to registering of devices having Electronic Identity Information is made in electronic form. However documents related to applications made in electronic form can be demanded in case it is seen necessary by the Authority. ARTICLE 8 (1) In order to be able to apply in electronic form; user name, password and certificate which is necessary for access to CEIR is delivered to the person who is authorized by the firm against minutes. Firm is responsible from security of user name and password assigned to the firm and every kind of transactions made through the mentioned user name and password. One user name, password and certificate is given to each firm. However user name, password and certificate assignment more than one can be done upon demand of the firm and if it is seen acceptable by the Authority. (2) Following items are informed to the Authority in electronic form by the importer firm in the scope of application of registering of the imported devices having Electronic Identity Information; a) Date of import, b) Customs Declaration Number, c) Name of the country imported from, ç) Device mark and model corresponding to imported device and which is selected from the list as TAC 6 or 8 digits d) Quantity of IMEI belonging to the imported device e) Electronic Identity Information of the imported devices f) Information related to receipt of registration fee. g) Scanned copies of the certificates mentioned in Article 9. IMEI numbers which were sent are not accepted by CEIR unless they pass the technical controls. (3) Following items are informed to the Authority in electronic form by the manufacturer firm in the scope of application of registering of the manufactured devices having Electronic Identity Information; a) Date of manufacture, b) Capacity report c) Device mark and model corresponding to manufactured device and which is selected from the list as TAC 6 or 8 digits ç) Quantity of IMEI belonging to the manufactured device d) Electronic Identity Information of the manufactured devices e) Information related to receipt of registration fee. f) Scanned copies of the certificates mentioned in Article 9. Electronic Identity Information which were sent are not accepted by CEIR unless they pass the technical controls, (4) In case TACs of the devices which is demanded to be registered by the firm are not defined in CEIR; an official letter with wet signature explicitly mentioning information of mark, model, TAC and TAC digit numbers to be taken from the manufacturer or representative of the manufacturer in Turkey should be submitted to the Authority together with petition of the firm with wet signature and copy of signatory circular in order to add to the system the TACs which does not exist in the list. (5) Truth and integrity of the information and certificates sent during application are under responsibility of the firm. Before starting review and evaluation transactions by the Authority; firm reserves right of changing on information and documents that it sent. Application through documents
ARTICLE 9- (1) Application through documents is made by informing the Authority for the information related to the import/manufacture through documents. (2) Firm delivers the following items to the Authority in the scope of registering application; a) Application petition mentioned in Annex-1 containing mark, model and quantity related to the imported/manufactured devices, and firm cachet and title and wet signature of authorized person of the company b) One copy of customs declaration certified by notary public or certified with customs cachet of ?Same as original?. c) Capacity report of manufacturer firm for manufactured devices. ç) CD of which content is mentioned in Annex-2 containing IMEI numbers prepared in text format according to mark and models for applications that are not done from electronic form. d) An official letter explicitly mentioning information of mark, model, TAC and TAC digit numbers to be taken from the manufacturer or representative of the manufacturer in Turkey in case a new TAC is used. e) Original of registration fee receipt f) Signatory circular of the firm Review and Evaluation
ARTICLE 10- (1) The Authority performs necessary reviews on information and certificates upon applications made through electronic form or papers; and registers IMEI numbers belonging to the noticed devices appropriate with the provisions of the regulations. (2) Application is not taken into evaluation if there is any absence or mistake on the information and certificates obtained by the applicants. (3) Application is rejected by writing reason to explanation section if any inconsistency is determined on the information or certificates existing in the content of the application. (4) Application is taken into process again if the problem mentioned in rejection reason is remedied by the firm. (5) Application is completely rejected if electronic identity information belonging to devices sent through papers does not pass from technical controls and this situation is informed to the applicant. Applications for Mainboard and Exchange device
ARTICLE 11- (1) Applications related to imported/manufactured exchange devices for changing of mainboards having electronic identity information imported/manufactured as spare part and of devices having electronic identity information which were imported/manufactured and taken into white list for the purpose of furnishing technical service for the devices having electronic identity information which were imported/manufactured and taken into white list are made through obtaining information and certificates mentioned in Article 9. (2) Numbers existing in IMEI notice list given in the application are not taken into white list unless exchange device or mainboard which are imported/ manufactured instead of them are informed to the Authority and removed from the white list. Changing notices of exchange device and mainboard are realized by their importers/manufacturers only. Test Devices
ARTICLE 12- (1) Applications regarding the test devices are made through obtaining information and certificates mentioned in Article 9. (2) Compatibility to standards is not required in electronic identity information of test devices. (3) Information on that the devices are test or sample should exist on customs declaration. (4) Application can be made in electronic form if electronic identity information belonging to informed test devices is compatible with standards and if they exist in TAC list. IMEI correction
ARTICLE 13- (1) IMEI correction transaction is done through entering of wrong and true IMEI number by using ?IMEI correction? menu in electronic form of IMEI number which is noticed that it was misinformed after notice is registered and approved. (2) IMEI number for which correction is demanded and copies of import certificates of which changing notice is made are enclosed to the petition submitted by firm related to the situation. IMEI matching
ARTICLE 14- (1) The devices which are determined by CEIR that their electronic identity information were changed are matched with single GSM number through using ?IMEI matching? menu by the importer/manufacturer firm. Registration fee
ARTICLE 15- (1) Registration fee to be taken for each IMEI number to be registered is increased in the direction of revaluation rates determined by Ministry of Finance every year. Fractions are transited to integer. THIRD SECTION
MISCELLANEOUS AND FINAL PROVISIONS
Changed IMEI Numbers
Article 16- (1) IMEI numbers which were changed through mainboard changing or exchange method but still existing in the white list up to date are informed to the Authority within one month as of effective date of these procedures and principles. (2) Old and new IMEI numbers take part in the file prepared in text format appropriate to the shape mentioned in Annex-3 in the content of CD. Validity
Article 17- (1) These procedures and principles shall enter into force on the date when it is approved by the Telecommunication Authority. Execution
Article 18- (1) Provisions of these procedures and principles are executed by Chairman of the Telecommunication Authority. 27/12/2019
REGULATION ON THE DEVICES WITH ELECTRONIC IDENTITY INFORMATION
PART ONE
Purpose and Scope, Legal Background, Definitions and Abbreviations
Purpose and scope
ARTICLE 1 - (1) The purpose of this Regulation is to regulate procedures and principles regarding the devices which are missing, stolen, contraband and of which electronic identity information has been changed and the operation of Information and denunciation Centre.
(2) The devices of the subscribers of international circulation including the Turkish Republic of Northern Cyprus are not included in this Regulation.
Legal background
ARTICLE 2 - (1) This Regulation has been prepared under articles 25 and 33 of the Radio Communication Law dated 5/4/1983 and No. 2813.
Definitions and abbreviations
ARTICLE 3 - (1) In implementation of this Regulation, the terms listed below shall denote, whenever they are used herein, the meanings indicated across them;
a) Digit control: Control of the correctness of the last digit of an IMEI number having fifteen digits,
b) Application authority: Authorities to be determined by the operator, subscriber registration centres and the Authority,
c) Application period: Period between the dates of 5/12/2005 and 13/12/2005,
d) IDC: Information and denunciation Centre,
e) Individual import: Non-commercial import of the devices brought with passengers (except transit passengers) or sent via mail or fast cargo transportation to real persons in the Turkish Customs Zone by real persons abroad,
f) Electronic communication: Transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems,
g) Electronic identity information: Identity definition allocated solely and uniquely for radio devices,
h) Devices with electronic identity information: Devices that receive service from GSM network and has an IMEI number,
i) IMEI: International mobile device identity,
j) Operator: Capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization,
k) Contraband device: Device that has individually or collectively been imported or produced in a way that is contrary to the laws,
l) Law: Law on Amending the Radio Communication Law dated 12/7/2005 dated and No. 5392,
m) Clone IMEI number: IMEI number used on more than one device,
n) Board: Telecommunication Board,
o) Authority: Telecommunication Authority,
p) MSISDN: Mobile subscriber number.
PART TWO
White, Black and Grey Lists
White list
ARTICLE 4 - (1) White list consists of IMEI numbers of the devices of which electronic identity information have not been changed and which have been;
a) Notified to the Authority after being imported individually or collectively in accordance with the laws or produced at home,
b) Registered within the application period,
c) Registered upon applications made by the device users who have missed the application period due to a justifiable excuse.
Collective import
ARTICLE 5 - (1) Importers shall notify the IMEI numbers of the devices they have imported collectively from abroad within the framework of the related laws to the Authority.
(2) The Authority shall carry out;
a) The brand and model control,
b) The customs document control,
c) The digit control,
d) The control regarding whether the IMEI number has previously been included in the system,
e) The control regarding whether the IMEI number has been specified as a clone IMEI number from any source and shall take the IMEI numbers that have passed these controls into the white list.
Individual import
ARTICLE 6 - (1) Owners or users of the devices brought from abroad through individual import shall apply to the application authority after completing necessary documents within the framework of customs laws.
(2) The application authority shall send the information and documents regarding the applications made to it to the Authority.
(3) The Authority shall take the IMEI numbers of the devices into the white list and carry out necessary controls on information and documents.
Justifiable excuses
ARTICLE 7 - (1) User of the devices of which electronic communication connection have been cut off since the user did not deposit the registration fee or apply with necessary documents within the application period due to the below mentioned justifiable excuses shall submit to the application authority within the mentioned period;
a) The visa information on the passport and/or entry-exit document showing that the related person was abroad, in case of the user?s being abroad,
b) Private or government hospital document bearing head doctor?s approval showing that the related person was at a hospital, in case of the user?s being at a hospital,
c) The document showing that the related person was in prison, in case of the user?s being in prison,
d) The document showing the military service situation of the related person, in case of the user?s rendering his military service.
(2) In the other justifiable excuse cases specified below;
(a) The device user who owns a device that hasn?t the feature of receiving and/or sending short messages and whose electronic communication connection has been cut off since the user did not receive the message even it was sent to the user within the application period shall submit the document showing that the device has this feature to the application authority.
(b) The device user who did not have his/her device registered since s/he mistakenly saw the IMEI number in the short message sent by the operator within the application period as if having fourteen digits while in fact it had fifteen digits and whose electronic communication connection has been cut off shall submit a petition showing this situation to the application authority.
(3) One copy of each document which are specified in the first and second clauses and of which original are seen by the application authority shall be sent to the Authority after being stamped with ?The Original Has Been Seen? stamp and impressed with the cachet of the application authority.
(4) Users who are found out not having had the IMEI numbers registered due to justifiable excuses as a result of investigations carried by the Authority on the sent documents shall pay the registration fee of five YTL to the related account number of the Authority.
(5) The Authority shall take the IMEI number of the device into the white list upon the payment of the registration fee.
Black list
ARTICLE 8 - (1) The black list specified by the Authority consists of IMEI numbers belonging to contraband, missing and stolen devices and devices of which electronic identity information have been changed.
(2) Operators shall cut off the electronic communication connection of the devices on the black list.
Grey list
ARTICLE 9 - (1) The grey list consists of the IMEI numbers of the devices which are outside of the white and black lists and of which electronic communication connections are open.
(2) Operators shall carry out the grey list analysis on the whole of the detailed call records and notify the Authority of the IMEI numbers that make up the grey list within the period to be specified.
(3) If operators find out that the device is included in the grey list, they shall send short message to the device users indicating that their IMEI numbers are not included in the white list.
(4) The Authority shall take the IMEI numbers making up the grey list into the related list after carrying out the necessary controls.
Matched white list
ARTICLE 10 - (1) The matched white list shall be made up by matching of;
a) The IMEI numbers found out to be as clone within the application period with the MSISDN numbers of the users who deposited the registration fee,
b) The IMEI numbers found out to be as clone after the validity date of the Law with the MSISDN numbers specified within the scope of article 14,
c) The IMEI numbers belonging to the devices of the users who signed subscription contract with the related operator and who were in the Republic of Turkey for a temporary period with the MSISDN numbers.
(2) All the IMEI numbers in the matched white list shall at the same time be in the black list. The IMEI numbers of the devices in the matched white list can only be used with the MSISDN numbers they are matched with.
PART THREE
Device Denunciations, Requests of Courts and Public Prosecutor?s Offices
Device denunciations
ARTICLE 11 - (1) Users of whom devices are included in the white list shall notify the IDC via telephone in order to prevent their devices from receiving service from electronic communication network when their devices are stolen, plundered, lost or gone anyway without their consent.
(2) The device user shall notify IDC via telephone of the information including his/her name and surname, identity number of the Republic of Turkey, passport number if s/he is a foreigner, date of birth, maiden name, MSISDN number and IMEI number of the device if s/he knows it.
(3) The IDC shall take the IMEI number of the device into the black list in order to cut off its electronic communication connection upon verification of the device and identity information of the denunciation maker within the framework of the information in the operator?s registers.
(4) If the device of which electronic communication connection has been cut off is found, the procedure applied while cutting of the telecommunication connection of the device shall be applied for opening it, too, in the same way. Requests of Courts and Public Prosecutor?s Offices
ARTICLE 12 - (1) The IMEI number of the device shall be taken into or out of the black list upon the requests of the courts or Public Prosecutor?s Offices regarding opening or cutting off the electronic communication connection in parallel with applications made to the courts or Public Prosecutor?s Offices by the device users.
PART FOUR
Devices of which electronic identity information have been changed
Cases of changing electronic identity information
ARTICLE 13 - (1) Devices of which electronic identity information have been changed are the ones that have been changed with IMEI numbers having clone IMEI numbers or the ones of which IMEI numbers belonging to them are not clone.
Finding out the IMEI number of the devices of which electronic identity information have been changed
ARTICLE 14 - (1) Operators shall carry out the IMEI number analysis at their own networks to find out IMEI numbers of the device of which electronic identity information has been changed and the operators shall send the IMEI numbers of the device of which electronic identity information has been changed and the MSISDN numbers used with these IMEI numbers to the Authority within the period to be specified.
(2) Operators shall send to the Authority within the period to be specified all information such as time, MSISDN and IMEI numbers included in the detailed call records and within the time interval specified by the Authority in order to find out the IMEI numbers of the devices of which electronic identity information have been changed at all networks. Finding out real devices of which IMEI number have been cloned
ARTICLE 15 - (1) In order to find out the first used MSISDN number of the IMEI number specified as clone;
a) Operators shall conduct investigations on the detailed call records up to 3 months before the date the clone IMEI number was included in the black list and send the MSISDN number of the first user and information regarding the first use time to the Authority.
b) The Authority shall find out the first used MSISDN number by matching information regarding the first use time received from the operators.
(2) The MSISDN numbers of the devices carrying the IMEI numbers specified as clone shall be notified to the Authority by the importers of the devices.
(3) For an IMEI number specified as clone, in case of a difference between the MSISDN number found out in the first clause and the MSISDN number notified to the Authority in the second clause, the MSISDN number in the importer?s notification shall be deemed true.
(4) The Authority shall make a matching between the IMEI number specified as clone and the MSISDN number found out within the framework of the first, second and third clauses.
(5) The IMEI numbers specified as clone shall be taken into the black list and matched white list and real devices of which IMEI numbers have been cloned shall only be used with the MSISDN numbers matched.
PART FIVE
Miscellaneous and Last Provisions
The abolished regulation
ARTICLE 16 - (1) Regulation regarding Devices with electronic identity Information published in the Official Gazette dated 18/10/2005 and No. 25970 has been abolished
Entry into force
ARTICLE 17 - (1) This Regulation shall enter into force on the date of its publication.
Enforcement
ARTICLE 18 - (1) The provisions of this Regulation shall be enforced by the Chairman of the Telecommunication Board. 26/12/2019
Laws
PART ONE
Purpose and Scope, Legal Background, Definitions and Abbreviations
Purpose and scope
ARTICLE 1 - (1) The purpose of this Regulation is to regulate procedures and principles regarding the devices which are missing, stolen, contraband and of which electronic identity information has been changed and the operation of Information and denunciation Centre.
(2) The devices of the subscribers of international circulation including the Turkish Republic of Northern Cyprus are not included in this Regulation.
Legal background
ARTICLE 2 - (1) This Regulation has been prepared under articles 25 and 33 of the Radio Communication Law dated 5/4/1983 and No. 2813.
Definitions and abbreviations
ARTICLE 3 - (1) In implementation of this Regulation, the terms listed below shall denote, whenever they are used herein, the meanings indicated across them;
a) Digit control: Control of the correctness of the last digit of an IMEI number having fifteen digits,
b) Application authority: Authorities to be determined by the operator, subscriber registration centres and the Authority,
c) Application period: Period between the dates of 5/12/2005 and 13/12/2005,
d) IDC: Information and denunciation Centre,
e) Individual import: Non-commercial import of the devices brought with passengers (except transit passengers) or sent via mail or fast cargo transportation to real persons in the Turkish Customs Zone by real persons abroad,
f) Electronic communication: Transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems,
g) Electronic identity information: Identity definition allocated solely and uniquely for radio devices,
h) Devices with electronic identity information: Devices that receive service from GSM network and has an IMEI number,
i) IMEI: International mobile device identity,
j) Operator: Capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization,
k) Contraband device: Device that has individually or collectively been imported or produced in a way that is contrary to the laws,
l) Law: Law on Amending the Radio Communication Law dated 12/7/2005 dated and No. 5392,
m) Clone IMEI number: IMEI number used on more than one device,
n) Board: Telecommunication Board,
o) Authority: Telecommunication Authority,
p) MSISDN: Mobile subscriber number.
PART TWO
White, Black and Grey Lists
White list
ARTICLE 4 - (1) White list consists of IMEI numbers of the devices of which electronic identity information have not been changed and which have been;
a) Notified to the Authority after being imported individually or collectively in accordance with the laws or produced at home,
b) Registered within the application period,
c) Registered upon applications made by the device users who have missed the application period due to a justifiable excuse.
Collective import
ARTICLE 5 - (1) Importers shall notify the IMEI numbers of the devices they have imported collectively from abroad within the framework of the related laws to the Authority.
(2) The Authority shall carry out;
a) The brand and model control,
b) The customs document control,
c) The digit control,
d) The control regarding whether the IMEI number has previously been included in the system,
e) The control regarding whether the IMEI number has been specified as a clone IMEI number from any source and shall take the IMEI numbers that have passed these controls into the white list.
Individual import
ARTICLE 6 - (1) Owners or users of the devices brought from abroad through individual import shall apply to the application authority after completing necessary documents within the framework of customs laws.
(2) The application authority shall send the information and documents regarding the applications made to it to the Authority.
(3) The Authority shall take the IMEI numbers of the devices into the white list and carry out necessary controls on information and documents.
Justifiable excuses
ARTICLE 7 - (1) User of the devices of which electronic communication connection have been cut off since the user did not deposit the registration fee or apply with necessary documents within the application period due to the below mentioned justifiable excuses shall submit to the application authority within the mentioned period;
a) The visa information on the passport and/or entry-exit document showing that the related person was abroad, in case of the user?s being abroad,
b) Private or government hospital document bearing head doctor?s approval showing that the related person was at a hospital, in case of the user?s being at a hospital,
c) The document showing that the related person was in prison, in case of the user?s being in prison,
d) The document showing the military service situation of the related person, in case of the user?s rendering his military service.
(2) In the other justifiable excuse cases specified below;
(a) The device user who owns a device that hasn?t the feature of receiving and/or sending short messages and whose electronic communication connection has been cut off since the user did not receive the message even it was sent to the user within the application period shall submit the document showing that the device has this feature to the application authority.
(b) The device user who did not have his/her device registered since s/he mistakenly saw the IMEI number in the short message sent by the operator within the application period as if having fourteen digits while in fact it had fifteen digits and whose electronic communication connection has been cut off shall submit a petition showing this situation to the application authority.
(3) One copy of each document which are specified in the first and second clauses and of which original are seen by the application authority shall be sent to the Authority after being stamped with ?The Original Has Been Seen? stamp and impressed with the cachet of the application authority.
(4) Users who are found out not having had the IMEI numbers registered due to justifiable excuses as a result of investigations carried by the Authority on the sent documents shall pay the registration fee of five YTL to the related account number of the Authority.
(5) The Authority shall take the IMEI number of the device into the white list upon the payment of the registration fee.
Black list
ARTICLE 8 - (1) The black list specified by the Authority consists of IMEI numbers belonging to contraband, missing and stolen devices and devices of which electronic identity information have been changed.
(2) Operators shall cut off the electronic communication connection of the devices on the black list.
Grey list
ARTICLE 9 - (1) The grey list consists of the IMEI numbers of the devices which are outside of the white and black lists and of which electronic communication connections are open.
(2) Operators shall carry out the grey list analysis on the whole of the detailed call records and notify the Authority of the IMEI numbers that make up the grey list within the period to be specified.
(3) If operators find out that the device is included in the grey list, they shall send short message to the device users indicating that their IMEI numbers are not included in the white list.
(4) The Authority shall take the IMEI numbers making up the grey list into the related list after carrying out the necessary controls.
Matched white list
ARTICLE 10 - (1) The matched white list shall be made up by matching of;
a) The IMEI numbers found out to be as clone within the application period with the MSISDN numbers of the users who deposited the registration fee,
b) The IMEI numbers found out to be as clone after the validity date of the Law with the MSISDN numbers specified within the scope of article 14,
c) The IMEI numbers belonging to the devices of the users who signed subscription contract with the related operator and who were in the Republic of Turkey for a temporary period with the MSISDN numbers.
(2) All the IMEI numbers in the matched white list shall at the same time be in the black list. The IMEI numbers of the devices in the matched white list can only be used with the MSISDN numbers they are matched with.
PART THREE
Device Denunciations, Requests of Courts and Public Prosecutor?s Offices
Device denunciations
ARTICLE 11 - (1) Users of whom devices are included in the white list shall notify the IDC via telephone in order to prevent their devices from receiving service from electronic communication network when their devices are stolen, plundered, lost or gone anyway without their consent.
(2) The device user shall notify IDC via telephone of the information including his/her name and surname, identity number of the Republic of Turkey, passport number if s/he is a foreigner, date of birth, maiden name, MSISDN number and IMEI number of the device if s/he knows it.
(3) The IDC shall take the IMEI number of the device into the black list in order to cut off its electronic communication connection upon verification of the device and identity information of the denunciation maker within the framework of the information in the operator?s registers.
(4) If the device of which electronic communication connection has been cut off is found, the procedure applied while cutting of the telecommunication connection of the device shall be applied for opening it, too, in the same way. Requests of Courts and Public Prosecutor?s Offices
ARTICLE 12 - (1) The IMEI number of the device shall be taken into or out of the black list upon the requests of the courts or Public Prosecutor?s Offices regarding opening or cutting off the electronic communication connection in parallel with applications made to the courts or Public Prosecutor?s Offices by the device users.
PART FOUR
Devices of which electronic identity information have been changed
Cases of changing electronic identity information
ARTICLE 13 - (1) Devices of which electronic identity information have been changed are the ones that have been changed with IMEI numbers having clone IMEI numbers or the ones of which IMEI numbers belonging to them are not clone.
Finding out the IMEI number of the devices of which electronic identity information have been changed
ARTICLE 14 - (1) Operators shall carry out the IMEI number analysis at their own networks to find out IMEI numbers of the device of which electronic identity information has been changed and the operators shall send the IMEI numbers of the device of which electronic identity information has been changed and the MSISDN numbers used with these IMEI numbers to the Authority within the period to be specified.
(2) Operators shall send to the Authority within the period to be specified all information such as time, MSISDN and IMEI numbers included in the detailed call records and within the time interval specified by the Authority in order to find out the IMEI numbers of the devices of which electronic identity information have been changed at all networks. Finding out real devices of which IMEI number have been cloned
ARTICLE 15 - (1) In order to find out the first used MSISDN number of the IMEI number specified as clone;
a) Operators shall conduct investigations on the detailed call records up to 3 months before the date the clone IMEI number was included in the black list and send the MSISDN number of the first user and information regarding the first use time to the Authority.
b) The Authority shall find out the first used MSISDN number by matching information regarding the first use time received from the operators.
(2) The MSISDN numbers of the devices carrying the IMEI numbers specified as clone shall be notified to the Authority by the importers of the devices.
(3) For an IMEI number specified as clone, in case of a difference between the MSISDN number found out in the first clause and the MSISDN number notified to the Authority in the second clause, the MSISDN number in the importer?s notification shall be deemed true.
(4) The Authority shall make a matching between the IMEI number specified as clone and the MSISDN number found out within the framework of the first, second and third clauses.
(5) The IMEI numbers specified as clone shall be taken into the black list and matched white list and real devices of which IMEI numbers have been cloned shall only be used with the MSISDN numbers matched.
PART FIVE
Miscellaneous and Last Provisions
The abolished regulation
ARTICLE 16 - (1) Regulation regarding Devices with electronic identity Information published in the Official Gazette dated 18/10/2005 and No. 25970 has been abolished
Entry into force
ARTICLE 17 - (1) This Regulation shall enter into force on the date of its publication.
Enforcement
ARTICLE 18 - (1) The provisions of this Regulation shall be enforced by the Chairman of the Telecommunication Board. 26/12/2019
Law on Amending the Radio Communication Law
Approval Date: 02.07.2005
Law Number: 5392
ARTICLE 1. - The following items have been added to the article 3 of the Radio Communication Law dated 5.4.1983 and numbered 2813. g) The term of "Identity and Communication Information of the Subscriber" defines special information, that belong to public associations and institutions and real or judicial persons receiving electronic communication service, allocated by the operator for the subscriber, h) The terms of "Electronic communication" defines transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems, i) The term of "Operator" defines the capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization, k) The term of "Authority" defines Telecommunication Authority, l) The term of "Board" defines Telecommunication Board, m) The term of "EIR (Equipment Identity Register)" defines the database of identity definition of the mobile equipment, n) The term of "CEIR (Central Equipment Identity Register)" defines the database of identity definition of central mobile equipment, o) The term of "Device" defines the device or the related part of the devices attached directly or indirectly to the radio or electronic communication network, p) The term of "SMS" defines the short message service, r) The term of "IMEI" defines the international mobile devices identity, ARTICLE 2. - The following part has been added to the Law in a way that it will follow article 25 of Law No. 2813 and other parts have continued according to this. PART THREE Devices with Electronic Identity Information
Devices with Electronic Identity Information ARTICLE 25a. - Special information including the subscriber's identity and communication information that are provided by the operators or electronic identity information that are used for identification of the devices can not be reproduced, changed, copied or distributed for any purpose without permission of the Authority. Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes can not be imported, produced, distributed or promoted, procured and mediated.
Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes shall be confiscated in accordance with the provisions of article 127 of Code of Criminal Procedure dated 4.12.2004 and No. 5271 upon the request of the Authority.
New or second-hand devices with electronic identity information can not be traded contrary to the regulations of the Authority.
Safety of the identity information of the subscriber and device ARTICLE 25b. - Special information including subscriber's identity and communication information and every kind of software, cards, means or instruments having electronic identity information of the devices can not be copied, kept, distributed and used for the benefit of oneself or others without permission. Unreal documents and information regarding subscription information can not be submitted to the operator or its agent acting on behalf of it while subscribing. Subscription can not be completed by the operator or its agent acting on behalf of it without controlling the identity documents that are necessary for subscription. Procedures and principles regarding the subscription shall be specified in the regulation to be issued by the Authority.
Operators ARTICLE 25c. - Operators can not provide electronic communication service for missing, contraband or stolen devices and for devices of which electronic identity information in CEIR of the Authority have been changed. Operators shall be responsible for working of EIR systems in harmony with CEIR systems in the Authority in order to prevent illegal devices explained in the above clause from being connected to telecommunication networks, ensuring the safety and reliability of the technical infrastructure and system regarding this within five months following the validity date of this Law and operating without delay. Operator shall be given a period of five working days by the Authority for solution of problems following finding out problems arising from operation of the system in the second clause and immediate notification by the operator or Authority. If problems can not be solved, the operator shall apply to the Authority for the purpose of being given a additional time through immediately notifying the justifications in a written way.
Information and denunciation centre ARTICLE 25d. - The Authority shall establish or get established an information and denunciation centre for devices with electronic identity information. Persons whose devices, that have electronic identity information registered in the Authority?s system, have been stolen, plundered, lost or gone anyway without their consent shall apply to the information and denunciation centre of the Authority for first of all cutting off the electronic communication connection of the devices. The Authority shall notify the Office of the Chief Public Prosecutor upon acquiring information relating to the crime ascribed to the suspected. ARTICLE 3. - Expressions of "heavy fine from thirty thousand liras up to one hundred thousand liras" and "heavy fine from ten thousand liras up to thirty thousand liras" in the second paragraph of item (i) of article 32 of Law No. 2813 have been amended as "judicial fine from fifty days up to two thousand days"; the following items have been added in a way that they will follow item (g) of the first clause of the article and other items have continued according to this, furthermore the following clause has been added to the article. (h) Punishment of imprisonment from one year up to five years and judicial fine from one hundred days up to five thousand days shall be imposed for the ones acting against the first and the second clauses of article 25a of this Law; judicial fine from one hundred YTL up to ten thousand YTL shall be imposed for the ones acting against the fourth clause. The judicial fine shall be imposed by the police.
If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him. (i) The ones who act against the provisions of the first clause, the ones who act against the provisions of the second clause and the ones who act against the provisions of the third clause of article 25b of this Law shall be punished with punishment of imprisonment from one year up to three years, from six months up to two years and up to one year respectively.
If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him. (j) Judicial fine from twenty thousand YTL up to forty thousand YTL shall be imposed per device for the ones acting against the first clause of article 25c of this Law except the cases specified in the third clause of the article.
Judicial fine of ten millions YTL shall be imposed for the ones acting against the second clause of the article.
Judicial fine from five hundred thousand YTL up to one million YTL shall be imposed for the ones acting against the third clause of the article.
Judicial fines in this item shall be imposed by the Authority.
Every kind of notification to be made by the Authority shall be made in accordance with the provisions the Notification Law dated 11.2.1959 and No. 7201. ARTICLE 4. - The following clause has been added in a way that it will follow the second clause of article 33 of the Law No. 2813.
Matters regarding the enforcement of articles 25a, 25b, 25c and 25d shall be regulated by the regulation to be issued by the Authority within two months following the validity date of this Law or by the decisions of the Authority. ARTICLE 5. - The following provisional articles have been added to the Law No. 2813.
PROVISIONAL ARTICLE 6. -Users of devices that have electronic identity information and are not included in the Authority's registers before the validity date of this Law shall have their devices registered by applying to the Authority and places to be shown by the Authority together with necessary documents within five months following the validity date of this Law.
Registration fee of five YTL shall be collected from the device users by places to be shown by the Authority for registering each unregistered device without document. The registration fee shall be exempt from every kind of tax, duty, charge and Treasury share. One YTL as the price of the service consisting of expenses such as sending SMS and correcting IMEI numbers of the copied devices shall be deducted and the remaining amount shall be transferred to the Authority's accounts within ten days pursuant to collection to be used as the share of CEIR and information and denunciation centre.
The devices not listed in the Authority's registers shall be made no longer to be in use through cutting off their electronic communication network connections in a way that they will not be in use anymore at the end of application period. However, electronic communication network connection of the users who miss the application period due to a justifiable excuse to be determined with a regulation by the Authority shall be opened for use if they pay the above specified registration fee.
PROVISIONAL ARTICLE 7. Procurement of CEIR and every kind of software, hardware and auxiliary device to be used for establishing and operating the information and denunciation centre shall be ensured by the Authority. ARTICLE 6. - This Law shall enter into force on the date of its publication. ARTICLE 7. - The provisions of this Law shall be enforced by the Council of Ministers. 26/12/2019
Approval Date: 02.07.2005
Law Number: 5392
ARTICLE 1. - The following items have been added to the article 3 of the Radio Communication Law dated 5.4.1983 and numbered 2813. g) The term of "Identity and Communication Information of the Subscriber" defines special information, that belong to public associations and institutions and real or judicial persons receiving electronic communication service, allocated by the operator for the subscriber, h) The terms of "Electronic communication" defines transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems, i) The term of "Operator" defines the capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization, k) The term of "Authority" defines Telecommunication Authority, l) The term of "Board" defines Telecommunication Board, m) The term of "EIR (Equipment Identity Register)" defines the database of identity definition of the mobile equipment, n) The term of "CEIR (Central Equipment Identity Register)" defines the database of identity definition of central mobile equipment, o) The term of "Device" defines the device or the related part of the devices attached directly or indirectly to the radio or electronic communication network, p) The term of "SMS" defines the short message service, r) The term of "IMEI" defines the international mobile devices identity, ARTICLE 2. - The following part has been added to the Law in a way that it will follow article 25 of Law No. 2813 and other parts have continued according to this. PART THREE Devices with Electronic Identity Information
Devices with Electronic Identity Information ARTICLE 25a. - Special information including the subscriber's identity and communication information that are provided by the operators or electronic identity information that are used for identification of the devices can not be reproduced, changed, copied or distributed for any purpose without permission of the Authority. Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes can not be imported, produced, distributed or promoted, procured and mediated.
Devices, cards, means and instruments of which electronic identity information have been changed, software and every kind of means and instruments that can be used for the purpose of making changes shall be confiscated in accordance with the provisions of article 127 of Code of Criminal Procedure dated 4.12.2004 and No. 5271 upon the request of the Authority.
New or second-hand devices with electronic identity information can not be traded contrary to the regulations of the Authority.
Safety of the identity information of the subscriber and device ARTICLE 25b. - Special information including subscriber's identity and communication information and every kind of software, cards, means or instruments having electronic identity information of the devices can not be copied, kept, distributed and used for the benefit of oneself or others without permission. Unreal documents and information regarding subscription information can not be submitted to the operator or its agent acting on behalf of it while subscribing. Subscription can not be completed by the operator or its agent acting on behalf of it without controlling the identity documents that are necessary for subscription. Procedures and principles regarding the subscription shall be specified in the regulation to be issued by the Authority.
Operators ARTICLE 25c. - Operators can not provide electronic communication service for missing, contraband or stolen devices and for devices of which electronic identity information in CEIR of the Authority have been changed. Operators shall be responsible for working of EIR systems in harmony with CEIR systems in the Authority in order to prevent illegal devices explained in the above clause from being connected to telecommunication networks, ensuring the safety and reliability of the technical infrastructure and system regarding this within five months following the validity date of this Law and operating without delay. Operator shall be given a period of five working days by the Authority for solution of problems following finding out problems arising from operation of the system in the second clause and immediate notification by the operator or Authority. If problems can not be solved, the operator shall apply to the Authority for the purpose of being given a additional time through immediately notifying the justifications in a written way.
Information and denunciation centre ARTICLE 25d. - The Authority shall establish or get established an information and denunciation centre for devices with electronic identity information. Persons whose devices, that have electronic identity information registered in the Authority?s system, have been stolen, plundered, lost or gone anyway without their consent shall apply to the information and denunciation centre of the Authority for first of all cutting off the electronic communication connection of the devices. The Authority shall notify the Office of the Chief Public Prosecutor upon acquiring information relating to the crime ascribed to the suspected. ARTICLE 3. - Expressions of "heavy fine from thirty thousand liras up to one hundred thousand liras" and "heavy fine from ten thousand liras up to thirty thousand liras" in the second paragraph of item (i) of article 32 of Law No. 2813 have been amended as "judicial fine from fifty days up to two thousand days"; the following items have been added in a way that they will follow item (g) of the first clause of the article and other items have continued according to this, furthermore the following clause has been added to the article. (h) Punishment of imprisonment from one year up to five years and judicial fine from one hundred days up to five thousand days shall be imposed for the ones acting against the first and the second clauses of article 25a of this Law; judicial fine from one hundred YTL up to ten thousand YTL shall be imposed for the ones acting against the fourth clause. The judicial fine shall be imposed by the police.
If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him. (i) The ones who act against the provisions of the first clause, the ones who act against the provisions of the second clause and the ones who act against the provisions of the third clause of article 25b of this Law shall be punished with punishment of imprisonment from one year up to three years, from six months up to two years and up to one year respectively.
If crimes defined in this article are committed within the framework of the activity of an organization, punishments to be imposed shall be increased fifty percent. If the one who has been engaged in this activity is a judicial person, security measures peculiar to these in the Turkish Criminal Code dated 26.9.2004 and No. 5237 shall, too, be adjudged for him. (j) Judicial fine from twenty thousand YTL up to forty thousand YTL shall be imposed per device for the ones acting against the first clause of article 25c of this Law except the cases specified in the third clause of the article.
Judicial fine of ten millions YTL shall be imposed for the ones acting against the second clause of the article.
Judicial fine from five hundred thousand YTL up to one million YTL shall be imposed for the ones acting against the third clause of the article.
Judicial fines in this item shall be imposed by the Authority.
Every kind of notification to be made by the Authority shall be made in accordance with the provisions the Notification Law dated 11.2.1959 and No. 7201. ARTICLE 4. - The following clause has been added in a way that it will follow the second clause of article 33 of the Law No. 2813.
Matters regarding the enforcement of articles 25a, 25b, 25c and 25d shall be regulated by the regulation to be issued by the Authority within two months following the validity date of this Law or by the decisions of the Authority. ARTICLE 5. - The following provisional articles have been added to the Law No. 2813.
PROVISIONAL ARTICLE 6. -Users of devices that have electronic identity information and are not included in the Authority's registers before the validity date of this Law shall have their devices registered by applying to the Authority and places to be shown by the Authority together with necessary documents within five months following the validity date of this Law.
Registration fee of five YTL shall be collected from the device users by places to be shown by the Authority for registering each unregistered device without document. The registration fee shall be exempt from every kind of tax, duty, charge and Treasury share. One YTL as the price of the service consisting of expenses such as sending SMS and correcting IMEI numbers of the copied devices shall be deducted and the remaining amount shall be transferred to the Authority's accounts within ten days pursuant to collection to be used as the share of CEIR and information and denunciation centre.
The devices not listed in the Authority's registers shall be made no longer to be in use through cutting off their electronic communication network connections in a way that they will not be in use anymore at the end of application period. However, electronic communication network connection of the users who miss the application period due to a justifiable excuse to be determined with a regulation by the Authority shall be opened for use if they pay the above specified registration fee.
PROVISIONAL ARTICLE 7. Procurement of CEIR and every kind of software, hardware and auxiliary device to be used for establishing and operating the information and denunciation centre shall be ensured by the Authority. ARTICLE 6. - This Law shall enter into force on the date of its publication. ARTICLE 7. - The provisions of this Law shall be enforced by the Council of Ministers. 26/12/2019
