Anti-Corruption Compliance
"What anti-corruption laws apply to businesses in Turkey?"
Quick Answer
Anti-corruption rules affecting businesses in Turkey are primarily enforced through the Turkish Penal Code (including bribery offenses) and are complemented by other legislation and regulatory requirements, including rules on public officials, corporate sanctions, and anti-money laundering compliance.
Legal Framework in Turkey
Anti-Corruption Compliance in Turkey is primarily governed by the Turkish Penal Code No. 5237, which defines and establishes penalties for bribery ("rüşvet"), embezzlement, and related offenses. Turkey is a party to the OECD Anti-Bribery Convention, and cross-border transactions may require particular attention to bribery risks involving foreign public officials and third-party intermediaries.
Key offenses under the Turkish Penal Code include:
- Bribery (TCK 252): Offering, giving, requesting, or accepting an undue benefit in connection with the performance of a duty or decision-making process, including through intermediaries, depending on the case structure.
- Extortion by Public Officials (TCK 250): Coercing individuals to provide benefits through abuse of public authority (irtikap).
- Influence Peddling (TCK 255): Securing benefits by claiming ability to influence a public official (nüfuz ticareti).
Key Points to Remember
- Conduct risk-based due diligence on agents and distributors
- Implement strict controls for gifts, hospitality, and sponsorships
- Maintain accurate records with clear approval workflows
- Provide regular training and internal reporting channels
- Ensure contractual anti-bribery clauses and audit rights
Practical Red Flags
Particular scrutiny is required for dealings with intermediaries, as well as regarding gifts, hospitality, sponsorships, and charitable donations. Compliance dictates that all such benefits must be reasonable, transparent, and properly documented, ensuring they are never intended to improperly influence a decision. Facilitation payments are high-risk in Turkey and may be treated as bribery depending on the circumstances; companies should prohibit them in internal policies and control them through approvals and recordkeeping.
Sanctions & Corporate Exposure
Corruption offenses in Turkey can trigger serious criminal liability for individuals, strictly
Corruption offenses in Turkey can trigger serious criminal liability for individuals, strictly enforced under the Penal Code. In addition to individual criminal liability, legal entities may face certain legal consequences where an offense is committed in their interest, including security measures and other administrative consequences depending on the applicable statute and the facts.
Disclaimer: The information provided in this glossary entry is for general informational purposes only and does not constitute legal advice. For specific cases, please seek professional legal counsel.
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