With the new regulation, the operational areas of ship agencies have been divided into three separate categories: Class A, B, and C. Accordingly, Class A agencies can provide services to ships and yachts in all regions, including the Turkish Straits, while Class B agencies can provide services to ships outside the Turkish Straits and to yachts in all regions. Class C agencies, on the other hand, may only engage in yacht agency activities.
Authorization Certificate Becomes Mandatory
According to the regulation, real and legal persons who will engage in ship agency activities must obtain an authorization certificate appropriate for their field of activity. Persons or companies without an authorization certificate will not be able to provide agency services on behalf of the shipowner, master, operator, or charterer.
Authorization certificates will be valid for a period of five years and will be subject to re-evaluation at the end of this period. Furthermore, it has been stipulated that authorization certificates cannot be transferred and can only be used by the real or legal person in whose name they are issued.
Capital Requirements Draw Attention
Financial adequacy criteria were also clearly defined in the new regulation. Accordingly;
* A minimum paid-in capital of 5 million TL is required for Class A agencies,
* A minimum paid-in capital of 1 million TL is required for Class B agencies,
* A minimum paid-in capital of 500 thousand TL is required for Class C agencies.
Additional capital requirements will also apply for agencies opening branches.
Training and Examination Requirement for Agency Personnel
Within the scope of the regulation, the training and examination system for agency personnel has also been reorganized. Candidates wishing to become agency personnel will need to attend the specified training programs and succeed in the examination to be held.
Candidates who have graduated from higher education programs in the maritime field will be exempt from the training, but the obligation to take the examination will continue. Personnel introduction documents will be issued for a period of five years, and participation in refresher training will be mandatory.
Inspection and Disciplinary Mechanism Strengthened
With the new regulation, the Ship Agencies Disciplinary Commission (GADK) has been established. The Commission can make evaluations regarding professional incompetence, indiscipline, ethical violations, and actions contrary to legislation.
Sanctions ranging from warnings, suspension of documents, and cancellation of authorization certificates may be applied for repeated violations. Additionally, the authorization certificates of agencies that submit false documents, use the user information of other agencies, or are found to have acted contrary to legislation may be cancelled.
Digitalization and the GABS Era
Within the scope of the regulation, all application, registry, document, and inspection procedures will be carried out through the Ship Agency Information System (GABS). The possibility of conducting training and examinations online has also been provided.
With the new regulation, it is aimed to register agency personnel, raise service standards in the sector, and strengthen the inspection mechanism.
