Yachts and pleasure craft

A foreign yacht owner meets Turkish law at four points. Most of the rules sit in two texts — the Marine Tourism Regulation, made under the Tourism Incentive Law, and the Turkish Commercial Code — and none of them changes with the owner's nationality, though the flag decides a great deal.

1. Entering and cruising Turkish waters. The transit log, who may be on board, the Straits — cruising and use.
2. Keeping the yacht in a Turkish marina. The five-year stay and what happens when the owner goes quiet — the five years.
3. Buying or selling a yacht here. Flag, registry and the checks before money moves — flag and purchase.
4. The dispute that follows when a marina, a yard, a broker or a crew member is not paid — disputes.

yatyacht — Marine Tourism Regulation, art. 23

A craft built for cruising, sport and recreation, carrying not more than twelve passengers, with cabins, a galley and a head; larger craft of yacht type can be certified as yachts.

Commercial yachts are certified and operated under licence from the Ministry of Culture and Tourism; private yachts are not licensed but are still bound by the cruising, stay and cabotage rules (Marine Tourism Regulation, arts 2, 42).

Entering and cruising

transit lognavigation permit — Marine Tourism Regulation, art. 42

The document on which a foreign-flagged private yacht declares her route between Turkish ports and along the coast once entry formalities are complete.

The log is completed and signed by the owner, operator, master or a shipping agent, must be kept on board and is returned to the harbour master, or closed electronically, when the voyage ends (Marine Tourism Regulation, art. 42). Three further rules follow from the same article:

• A yacht that has finished her voyage reports to the harbour master within twelve hours.
• While the yacht is laid up in a licensed marina the transit log remains valid for the period of the lay-up.
• Passage through the Turkish Straits is governed by the Montreux Convention and the Straits regulation.

Who may use a foreign private yacht

A foreign-flagged private yacht may be used in Turkish waters only for cruising, sport and recreation, and only by her owner and persons the owner has authorised in writing; guests may be taken aboard, but not for payment (Marine Tourism Regulation, art. 47).

• Several owners, or a club. A yacht with several owners, or belonging to a foreign club or association, may be used by up to four owners a year; beyond that an infrastructure contribution set yearly by the Ministry is charged (Marine Tourism Regulation, art. 47).
• Repositioning is not a voyage. Moving the yacht between Turkish ports with only her master and crew on board, on the owner's instructions, does not count as a voyage (Marine Tourism Regulation, art. 47).
• Commercial chartering is not open to the private owner. Foreign-flagged commercial yachts over thirty-nine metres may be permitted by the Ministry to operate for a period not exceeding the calendar year against a contribution fee, and a yacht that neither renews the permit nor leaves is dealt with under the Customs Law (Marine Tourism Regulation, art. 42/A).

Staying: the five years

A foreign-flagged yacht may be left in a licensed marina, afloat or ashore, for wintering, maintenance and repair for up to five years without any further permit, and the Ministry may extend a private yacht's stay for a further five years (Marine Tourism Regulation, art. 46). If the owner, operator and master leave the country, the marina takes the yacht under its responsibility and notifies the customs office and the harbour master for entry on the transit log (Marine Tourism Regulation, art. 46).

A yacht whose owner does not contact the marina or renew the mooring contract within two years of its expiry is dealt with under the liquidation provisions of the Customs Law.Marine Tourism Regulation, art. 46 — the point at which abandoned yachts are sold

Customs duty and tax on a yacht kept in Türkiye beyond the temporary-admission rules are a separate question that depends on the flag, the owner's residence and the length of stay; we check the position for each yacht rather than state a rule here.

Turkish flag

Under the Commercial Code a vessel is Turkish, and flies the Turkish flag, only if owned by a Turkish citizen; a company-owned vessel qualifies where the majority of those authorised to manage the company are Turkish citizens and, under the articles, the majority of votes are held by Turkish partners (TCC art. 940). A foreign-owned vessel bareboat-chartered to persons entitled to fly the Turkish flag for at least a year may be permitted to do so, with the owner's consent and subject to Turkish rules on masters and officers (TCC art. 941).

For private craft there is a second route.

bağlama kütüğüport registry — Port Registry Regulation, art. 9

The register kept by the harbour masters for private-use craft of 2.5 metres and over. A foreign national who holds a Turkish residence permit may register a private-use yacht there irrespective of the Code's flag rules.

Buying and selling

Whichever registry the yacht is in, the formalities in the table are the only valid way to pass title. Before money moves we check three things:

1. The registry entry and the encumbrances on it. A registered ship mortgage is the only contractual security a registered vessel can carry (TCC art. 1014).
2. The marina's and the yard's accounts, which can become liens on the yacht.
3. Whether the yacht is the subject of any arrest or dispute.

For a foreign-flagged yacht bought in Türkiye, the sale follows the flag state's rules and Turkish law supplies the customs position and the marina's rights.

The disputes that reach a lawyer are money disputes with the yacht as security. All of the following are maritime claims (TCC art. 1352):

• a marina's unpaid mooring and lay-up account;
• a yard's repair invoice;
• a chandler's supplies;
• a broker's commission;
• a crew member's wages.

The yacht can be arrested for them by the court of the place where she lies (TCC art. 1355), against the claimant's 10,000 SDR security (TCC art. 1363) — from which crew wage claimants are exempt — and provided the person liable owned the yacht when the claim arose and still owns her (TCC art. 1369). The owner frees her by giving security (TCC arts 1370–1372). Everything about that step is on the ship arrest page.

On the owner's side

• Arrested by a marina or a yard. The yacht is released against security and the account is then fought on its merits.
• Damaged in the marina or the yard. The marina's or yard's liability arises under the mooring or repair contract.
• A crew dispute. Governed by the employment agreement and, for a Turkish-flagged yacht of 100 gross tons or more, the Maritime Labour Law — see the seafarers page.
• A charter dispute between a foreign charterer and a Turkish operator turns on the charter agreement and the operator's tourism licence.