The Transactions to be followed in relation with the Researches, Excavations and Film Shootings by Foreign Researchers in our Country

1. The researches, studies, archeological excavations, film shootings and similar other studies of foreign national researchers and film producers in our country were realized in accordance with the 04.04.1988 dated and 12839 numbered Resolution of the Council of Ministers concerning "the Essentials that the Foreign Nationals Wishing to Conduct Scientific Research and Studies and Shoot Films in Turkey or the Applicants Filing Application On Behalf of the Foreign Nationals and the Foreign members of the Press shall be subject to” published in April 1988 dated and 19799 issue numbered Official Journal.

The perennial process of concluding the applications filed by the foreign researchers and film producers due to bureaucratic transactions brought about consistent complaints. Therefore, the aforementioned Statutory Decree has been updated within the frame of the studies conducted by relevant institutions and bodies, particularly the Ministry of Culture and Tourism, under the coordination of our Ministry and the "Essentials Regarding Amendment in the Essentials that the Foreign Nationals Wishing to Conduct Scientific Research and Studies and Shoot Films in Turkey or the Applicants Filing Application On Behalf of the Foreign Nationals and the Foreign members of the Press shall be subject to" has been adopted by October 6, 2003 dated and 2003/6270 numbered resolution of t5he Council of Ministers and had entered into force upon publication in November 10, 2003 dated and 25285 numbered Official Journal.

By means of the said Amending Decree, one clause was added to the end of the subparagraph (b) of 2nd article of the April 4, 1988 dated and 88/12839 numbered Resolution of the Council of Ministers and the 3rd subparagraph of the 3rd article and the 7th article has been modified. The text of the Decree incorporating the amendments is attached hereto.

With the said Decree, the formalities relating to the researches and film shootings by foreign researchers in our country has been simplified and the essentials of filing the applications directly to relevant body and conclusion of such applications within 5 days has been incorporated to the Decree. The researches exceptional to this rule are set forth below.

2. The researches with the subject of "archeological excavation", "surface research",   "underwater archeology" and "land registry and cadastre records" shall be subject to the former practices within the frame of the essentials envisaged in April 4, 1988 dated and 88/12839 numbered Decree. Accordingly, the applications filed via “application forms” by the researches falling under the foregoing categories shall be forwarded to our Ministry in order to be communicated to relevant ministries and bodies and the practice for concluded applications, that is notification of the foreign representative office or the representative office of the researcher established in Turkey by our Ministry depending on the body where the application is filed shall be applicable faithfully. (Annex 1)

3. The applications relating to researches and studies and film and photograph shootings  for scientific purposes to be conducted at the land, air, sea, rivers and lakes in Turkey on subjects relating to archeological, historical, geological, sociological and natural issues other than the researches with the subject of "archeological excavation", "surface research",  "underwater archeology" and "land registry and cadastre records", shall be “directly” filed to the local unit or the administration that the unit is affiliated to at the locality where the research or the study shall be conducted by the researcher in person via mail, fax, electronic mail by using the Template – I Application Form given in (Annex 1)
 
The conclusion of the “direct” application for permission filed by the foreign researchers shall be responded “directly” to the researcher by the relevant unit or the administration that the unit is affiliated to via mail, fax and/or electronic mail.
The liaison addresses and communication information required for filing “direct” applications by the applicant to the relevant unit or the administration that the unit is affiliated to are attached hereto in consideration of the ministry, institution and bodies and the same information will be offered to the applicants by our missions. (Annex 3)

4. Relevant information with respect to film shootings for scientific purposes is specified above. With the amendments made to the former legislation, the promotional tapes, video recordings, documentary film shootings and commercial film shootings other than the subjects set forth above in the 3rd article were subjected to the provisions of the “Regulation on the Foreign Nationals with desire to shoot films with the Producers of Movies, Video and Music Works and the Collaborative Productions with Foreign Nationals” in order to simplify the formalities. Accordingly, the applications for promotional film shootings shall be directly filed to the Ministry of Culture and Tourism, General Directorate of Copyright and Movie Rights with the Template – II Application Form given in Annex 2.

Ministry of Culture and Tourism, General Directorate of Copyright and Movie Rights
Eski Adliye Binası Kat:3
06330 Ulus
Ankara
Tel       : (+90 312) 310 08 11-310 00 26-310 01 42
Fax      : (+90 3 12) 3 10 00 63
E-mail: telifhaklari_sinema@kulturturizm.gov.tr

The required permission for shooting shall be granted by the mentioned General Directorate and directly communicated to the applicants.

5. The essentials relating to news and information gathering, event and activity observing, interviewing, photograph shooting and audio, video and film recording activities by foreign journalists and radio and TV reporters at publicly open places on any subjects other than scientific researches, studies and archeological excavations shall continue to be jointly implemented by our Ministry (ENFD) and the Directorate General of Press and Information, as the case in the current arrangement.

6. In case the “direct” applications filed by the foreign researchers are considered positively, the Ministry of Interior has designated new essentials for residence of the foreign nationals to visit our country to execute their research. Accordingly;

a) The researcher subject to visa application and obtaining positive response after “direct” application to the relevant unit shall be granted with the research period deemed suitable by the unit and a limited “research” visa, ex officio. (The period in question shall be stated in the document issued to the researcher by the relevant unit and will be presented to the missions.)

b) The researchers not subject to visa application and able to enter into our country with visa exemption can conduct their researches for the duration of the residence provided by such visa exemption.
 
c) In case the residence periods specified on the visa of the researchers visiting our country with either visa or visa exemption proves to be insufficient for completion of the researches and if the researchers are able to obtain permission for extension of their research periods from the relevant unit, the researchers are obliged to file an application to the local police directorate and obtain "residence permit". The residence permits shall be issued ex officio by provincial police directorates.

The foregoing matters differ from the application forms previously used by the relevant “unit” or the “administration” with respect to the researchers to file “direct” applications and the templates of new application form is attached.

According to the new arrangement, the communication addresses of the relevant body based on the subject of the research in question shall be provided to the researcher by the foreign representative offices as regards the “direct” applications and if the researcher is subject to visa application, the research period shall be given together with the valid visa, in case of positive response from the "unit" or the "administration". As it is not possible to fully eliminate the possibility of encountering some problems and interruptions until the new practice in question is firmly established, our foreign organization and Ministry must offer necessary assistance and must direct the applicants in a manner to reinforce the newly established system in order to eliminate any possible problems and interruptions.

It is envisaged to initiate the practice as of June 21, 2004 and make the relevant notification to the foreign missions residing and accredited in our country on June 7, 2004. Should any uncertainties and questions arise prior to implementation of the practice, the same should be notified to the Ministry with haste and by latest May 28, 2004. Please be informed accordingly.