Parliament Approves Bill Regulating Foundation Real Estate and Cultural Assets

The Turkish Grand National Assembly has concluded discussions on the “Proposal Law on Amending the Law on Foundations and Some Laws.” This comprehensive proposal, consisting of 19 articles, introduces modifications to 10 existing laws, aiming to clarify the administrative and legal framework related to public real estate use and cultural heritage protection. Among its main features are provisions for businesses impacted by the recent earthquake and significant adjustments to regulations governing tourist accommodations.

The recent amendments propose significant adjustments to how public real estate is managed and cultural heritage is preserved. One of the key changes includes new provisions for handling decisions on content removal or access blocking, which must now be approved by a Criminal Judge of Peace within 24 hours. Following this, the judge has an additional 48 hours to announce a decision; otherwise, any unvalidated action will be automatically annulled.

These provisions are intended to bolster the legal process surrounding public disclosures and access to information while ensuring that individuals’ rights are respected. This move signals a broader commitment to adopting transparent governance, especially in regard to sensitive cultural and educational materials.

The legal framework is expected to enhance the protection of cultural heritage across Turkey by providing clearer guidelines on how these assets are to be utilized and preserved. By emphasizing the necessity of judicial oversight, these laws aim to prevent arbitrary decisions that could potentially endanger cultural assets and public trust.

Travel agencies operating in regions severely affected by the February 6, 2023 earthquake, such as Adıyaman, Hatay, Kahramanmaraş, and Malatya, are set to benefit from new financial relief measures. The law includes a provision that waives all annual dues for the year 2025 for these agencies. Additionally, any outstanding dues from previous periods will also be entirely forgiven.

This initiative is aimed at revitalizing the tourism sector in the affected areas, which has faced significant challenges in the aftermath of the disaster. The decision underscores a governmental strategy to support local businesses and facilitate a quicker recovery for sectors that have a major impact on the local economy.

By alleviating the financial burden on these travel agencies, officials hope to encourage their continued operation and restore confidence among tourists considering visiting the region in the future. Through such measures, the government is also sending a positive message about resilience and recovery in the aftermath of tragedy.

A significant component of the proposed amendments is the new Identity Declaration Law, which aims to enhance national security and public order in marine facilities. As part of this regulation, marinas, port facilities, and coastal amenities will now be required to declare the identities of individuals renting sea vessels. Furthermore, entry, departure, and accommodation processes at these marine facilities must be systematically recorded.

The emphasis on identity declaration is part of a broader initiative to enhance security measures and ensure accountability within the maritime environment. By mandating accurate record-keeping, authorities aim to prevent illegal activities and ensure that facilities operate within the legal framework.

Additionally, accommodations are obligated to maintain real-time records connected to the central database. Government officials have noted that non-compliance will lead to administrative penalties, including the potential revocation of licenses after repeated violations. Such stringent measures seek to improve safety and uphold standards across the tourism industry.

In a bold move to regulate the tourism sector, the amended Tourism Incentive Law will prohibit businesses that do not possess valid certificates from the Ministry of Culture and Tourism from engaging in electronic promotions, marketing, or sales. This regulation aims to ensure that only qualified accommodations are marketed to potential guests, providing a safeguard against fraudulent or substandard offerings.

As the tourism landscape evolves, with more consumers seeking accommodations online, the need for stringent oversight has become increasingly important. This initiative seeks to protect both consumers and legitimate businesses by ensuring that marketed facilities meet safety and operational standards.

By enforcing these restrictions, the government aims to encourage higher standards and improve the overall quality of services available to tourists visiting Turkey. The emphasis on certified accommodations demonstrates a commitment to safeguarding consumer rights and enhancing the country’s reputation as a premier tourist destination.

The amendments to the Law on Foundations foresee significant enhancements in the management and transfer of cultural assets. One of the noteworthy provisions increases the rental period of properties owned by the General Directorate of Foundations from three to five years. Additionally, the requirement for notarial certification for properties with lower rental prices will be removed, simplifying the process.

Further amendments allow for the transfer of treasury-owned foundation cultural assets to registered foundations. This aims to streamline the management of cultural heritage and make it more accessible for preservation and public use.

By facilitating these asset transfers, the government seeks to promote a culture of philanthropy where private foundations can play a pivotal role in preserving Turkey’s rich heritage. This collaborative approach is anticipated to foster community involvement and encourage additional investments in cultural preservation initiatives.

The recent amendments to the law signify a pivotal moment for public real estate management, tourism, and cultural heritage in Turkey. By establishing clearer regulations and providing financial relief, the government is addressing the immediate needs of earthquake-affected areas while also preparing for long-term cultural preservation efforts. This comprehensive approach not only aims to restore confidence in the tourism sector but also underscores a commitment to safeguarding Turkey’s rich heritage and enhancing overall service standards.