s and other derivative instruments that CMB determined that they falls within such scope, (i) derivatives instruments giving the right to buy, sell, or exchange securities with each other (ii) derivatives instruments, values of which are subject to price or return of a security; foreign exchange rate, price of any goods, precious metals or stones, or price variance of these; statistics published by institutions approved by the CMB and any changes in them; enabling the transfer of credit risk, which have measurement values, such as energy prices and climate variability, and depending on an index level that is determined by these items or changes in this index level; the derivatives of the foregoing instruments and giving the right to exchange the listed underlying assets, and (iii) leveraged transactions on foreign exchange, precious metals. Also, as explained under section f. (2), as crypto assets, their use in payments is prohibited.
Legal affairs
Presence of any explicit regulation on ICOs and the issuance of token/coins
No, unless it falls within the scope of CML.
Presence of any explicit restrictions on ICOs or the issuance, distribution and/or transfer of token/coins
If they fall within the scope of the CML, distribution and/or transfer of token/coins will be subject to capital market rules.
Obligations and requirements to issue token/coins
As long as they do not fall within the scope of derivatives under the CML, no license is required for issuance of token/coins or the trading in token/coins.
Classification of token/coins in the jurisdiction
Regulation on the Use of Crypto-Assets in Payments Article 3 lists what cannot be defined as crypto-assets. According to this article, crypto asset refers to intangible assets that are created virtually using distributed ledger technology and distributed over digital networks, but that are not considered fiat money, electronic money, payment instruments, securities, or other capital market instruments. Also, according to the said regulation, crypto assets cannot be used in the provision of payment. In this regard, tokens/coins cannot be recognised as currency/payment instrument.
The token/coins cannot be recognised as securities. If the tokens are based on stocks/indices traded on stock exchanges they may be regarded as derivative instruments. Please see question (i) for the definition of derivatives under Turkish law.
Presence of a duty to publish a prospectus bevor offering token/coins to investors
No, unless they are regarded as derivatives under the CML.
Presence of AML/KYC requirements that are needed to be fulfilled regarding (i) the initial issuance of token/coins and (ii) any following transfer of token/coins to third parties
According to The Regulation on Amendment of Regulation on the Measures for Prevention of Laundering Proceeds of Crime and Terrorist Financing, crypto asset service providers are considered as obligated parties to comply with anti-money laundering rules. Crypto asset service providers are defined by the Turkish Financial Crimes Investigation Board as “platforms that mediate the buying and selling of crypto assets through electronic trading platforms”. Therefore, initial issuance and following transfers of token/coins will be subject to AML/KYC requirements.
Additional comments regarding (i) the legal situation for ICOs/token/coins and (ii) any following transfer of token/coins to third parties
The legal uncertainty and lack of regulation creates legal risks. However, crypto assets are vastly popular in Turkey.
Economic conditions
Market size for ICOs/token sales and existence of any previous regulated ICO/token sales in the jurisdiction
No data is available.
Additional comments regarding the economic s