Ulgener

-Dr. M. Fehmi Ulgener
-Aybike Kopuz

Turkish authorities have recently introduced new sanctions, targeting Israeli-flagged and affiliated vessels engaged in maritime transport between Turkey and Israel. However, these sanctions currently apply to all vessels, regardless of their flag or ownership. No formal regulation has been issued regarding these restrictive measures; they are based solely on instructions from the Ministry to Port Authorities.

Vessels that had already loaded cargo and commenced their voyage to Turkish ports before the implementation date of this rule will not be subject to restrictions, provided they submit the relevant documentation. However, this exception does not apply to Israeli-flagged vessels or those carrying IMDG Code Class 1 or 7 cargo, or military vehicles/materials to Israel.

Although there are some differences, it can be said that Turkey applies a similar regime to Israeli-flagged or affiliated or interest vessels as it does to vessels flying the Cypriot flag and interests.

As there is no uniform practice yet, implementation of these sanctions varies slightly from port to port, according to information received from local agents. For example, some ports request information and/or documents regarding the vessel’s owner, charterer, manager, and operator, while others allow vessels to operate with only a declaration.

The new implementation principles can be summarized as follows:

• Turkish-flagged vessels are prohibited from calling at Israeli ports.
• Vessels flying the Israeli flag or affiliated with Israel are not permitted to berth at coastal facilities in Turkey (including port facilities, fishing shelters, marinas, berthing areas, buoy/platform systems, etc.), receive maintenance or repair services at shipyards, boat manufacturing or dry dock areas, arrive at ship recycling facilities, anchor within Turkish territorial waters, or conduct commercial activities such as bunkering, provisioning, taking on water, crew changes, or similar services.

A vessel is considered affiliated with Israel if any of the following apply:

• The vessel is owned by individuals or legal entities, and at least one of the owners or company shareholders is an Israeli national, regardless of the share quantity or percentage;
• Any of the owners or company shareholders reside in Israel or operate a business in Israel, regardless of the share quantity or percentage; 
• Any of the vessel's commercial operator or any commercial/ technical management company listed in the vessel's management agreement (such as BIMCO/charter party agreements) are based in Israel.

Vessels that are neither flying the Israeli flag nor affiliated with Israel are not subject to these restrictions for operating between Turkey and Israel, provided that:

• They do not carry goods for import or export between Turkey and Israel; and
• They do not offload any transit cargo belonging to Israel at Turkish ports.

However, vessels carrying IMDG Code Class 1 or Class 7 cargo, or military vehicles/materials destined for Israel, will be subject to the restrictions outlined above.

If the vessel carries transit cargo, submission of the cargo manifest is mandatory. Furthermore, the vessel’s first and last ports of call must not be Israeli ports.

Direct maritime trade between Turkey and Israel has been restricted by the relevant Ministries.

This means that container lines with Turkish and Israeli ports in their routes do not need to alter their schedules, but they cannot load cargo in Turkey destined for Israel, nor can they discharge cargo in Turkey that was loaded in Israeli ports. Needless to say, war materiel destined for Israel, even if loaded from other ports, cannot be carried as cargo on these ships; this is paramount.

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In cases of innocent or non-stop passage through Turkish territorial waters by vessels subject to these restrictions, the restrictions do not apply in the following force majeure situations:

• Adverse weather conditions, marine accidents, or vessel malfunctions that prevent continuation of the voyage;
• Involvement in rescue operations for persons, vessels, or aircraft in distress, or in situations posing a danger to life and property.

In such cases, immediate coordination with the Directorate General of Maritime Affairs shall be ensured.

During inspections by the Regional Port Authority/ Port Authority for the enforcement of these rules, if any affiliation with Israel is identified in the vessel documents or in the management agreements (whether technical or commercial) submitted with the berthing request, the vessel will not be allowed entry to Turkish ports.

The restrictions do not apply to vessel crew certification or documents. Therefore, Israeli citizens can be employed on vessels that meet the above criteria.

Inspections will be carried out by the Regional Port Authority/ Port Authority and relevant institutions through electronic notifications via the Single Window Port System (LTP), Port Management Information System (LYBS), and Sailing Permit System (SIB). Additional information or documents may be requested from the ship’s agent if deemed necessary, as well as from open sources.

To confirm that there is no Israeli involvement in the management or operation of vessels calling at Turkish ports, the vessel must provide proof by one of the following methods:

• If the vessel is managed by a company, it is necessary to submit the management agreement (particularly the sections identifying the managers and the owners). The parties may redact the commercial and financial sections of the agreement before submission. Alternatively, a “Declaration and Commitment” can be submitted to the Regional Port Authority/ Port Authority. (A draft of this document appears below.) Since the management agreement (usually based on the Shipman standard) also includes the names and particulars of the owners, such a contract serves a dual purpose.
• If no management agreement exists (as is often the case with Russian-flagged vessels and large container lines), a declaration must be submitted by the master through the agent to the Regional Port Authority/ Port Authority.

The above procedure must be performed by the vessel’s agents. Along with the berthing request, agents must provide the aforementioned “Declaration and Commitment” which must be stamped and signed by the master and uploaded through the Single Window Port System by the vessel’s agent.

The document (as suggested by our sources) is as follows:

DECLARATION AND COMMITMENT

TO THE … REGIONAL PORT AUTHORITY, 

We hereby declare, as the agent of the vessel flying the flag of ………………… with IMO number ………………… and named …………………, that:

The owners / operators / technical and commercial managers of the vessel are not affiliated with Israel and the vessel does not carry IMDG Code Class 1 and Class 7 cargoes, nor any military vehicles or materials onboard intended for delivery to Israel,

Neither the vessel’s commercial operator nor any of the commercial or technical management companies listed in the vessel’s managment agreement (BIMCO / Charter Party Agreements) are established in Israel,

The said vessel is not engaged in the carriage of any cargo between Israeli ports and our port, whether for loading or discharging, including transit operations.

We hereby declare and undertake that, should any circumstance contrary to the above be determined, all port expenses and any legal liabilities shall belong to our agency on behalf of master/owners/ managers. [Date]
[Name & Surname of the Master]
[Signature/Stamp] 

According to the information we have received from local agents, if any violation of these principles is detected, the Port Authorities will file a criminal complaint with the Public Prosecutor’s Office. Administrative sanctions will be imposed under Article 9, paragraph (1)(c) of the Port Regulations on parties who provide false declarations regarding vessels subject to sanctions. Such vessels will be expelled from Turkish territorial waters. If Turkish-flagged vessels are found to be in violation, legal action will be initiated against the relevant parties (owners/operators) under Article 305 of the Turkish Criminal Code.

Conclusion

As a summary, Israeli-flagged or affiliated vessels are prohibited from entering Turkish ports, shipyards, or territorial waters for commercial activities, including bunkering, provisioning, and crew changes. The scope of “affiliation” covers ownership, shareholding, management, or contractual ties with Israeli nationals, residents, or companies. Implementation varies among ports, but Port Authorities now require the management agreement or the prescribed “Declaration and Commitment”.

While non-Israeli vessels may continue to operate, they must not carry Israel-related import/export or transit cargo and must provide relevant manifests or declarations. Exceptions apply only for innocent or non-stop passage under force majeure circumstances, while false declarations or breaches may result in expulsion and administrative sanctions or criminal proceedings under Turkish law. Other vessels are permitted to operate provided they do not engage in direct or indirect trade with Israel, especially involving military or dangerous cargo.