Recep Düzgit clarifies misconceptions about Ship Agency Regulations and outlines efforts to protect industry rights.
Recep Düzgit, the candidate for the presidency of the İMEAK Chamber of Shipping, has published a written statement regarding the Ship Agents Regulation, which has recently been a topic of public debate. Düzgit noted that there have been evaluations that do not reflect the truth about the regulation and incomplete information has been provided, stating that it has become necessary to share all developments that have occurred since the beginning of the process with the public.
PUBLIC ANNOUNCEMENT REGARDING THE SHIP AGENTS REGULATION PROCESS
Recently, evaluations that do not reflect the truth about the Ship Agents Regulation and incomplete information have been shared.
In order to ensure that our colleagues have access to accurate information, we consider it our duty to share the work and initiatives we have carried out since the beginning of the regulation process with the public.
Our stance on the protection of the rights acquired by our profession and our colleagues is clear. Just as in the past, we will continue to resolutely defend the rights of our colleagues on all administrative, legal, and institutional platforms today and tomorrow.
While the regulation was still in draft form, the opinions and revision proposals prepared with the broad participation of the ship agent members of the İMEAK Chamber of Shipping were submitted to the relevant authorities on March 21, 2025, and August 29, 2025; the concerns and demands of our sector have been clearly expressed in all meetings and discussions held.
Intensive efforts have been made with the relevant Administration to correct certain provisions of the Ship Agents Regulation published in the Official Gazette dated May 14, 2026, and numbered 33253, which are deemed legally and professionally problematic, and comprehensive discussions have been held.
Priority has been given to resolving issues through consensus; it was expected that the regulations subject to our objection would be re-evaluated within the period for filing a lawsuit, and that the rightful demands of the sector would be met.
During this process, with the letter dated July 24, 2026, and numbered 3812332 from the General Directorate of Maritime, the number of graduated departments has been increased; it was also clarified in the mentioned letter that the annual increase regarding the capital requirement would not be monitored separately each year, and this matter would be evaluated during the five-year renewal process of the agency authorization certificate.
Furthermore, as the Association of Ship Owners and Agents, which I preside over, we filed a lawsuit on July 13, 2026, at the Council of State to protect the acquired rights and professional interests of our colleagues.
The case is being heard under the file number E.2026/5798 by the Tenth Chamber of the Council of State. In this process, which has been ongoing for nearly two years, we have not only limited ourselves to expressing opinions; concrete gains have been achieved to protect the rights of our sector, and the rejected regulations have been brought to judicial review.
Main Regulations Reflected in the Regulation as a Result of Our Initiatives
• The definition of Ship Agent in the initial draft has been amended to include the phrase 'not to be held responsible for their actions and transactions except for their own fault' in order to limit the legal liability of our agents. This change is extremely important in terms of limiting the legal liability of our agents.
• An objection was made to the regulation that applies the same sanction to the center and all branches in the event of suspension or making the center or branch inactive; the reflection of the sanction applied to the branch on the central agent has been prevented.
• To the conditions required to be an Agent Responsible, the provision 'or having worked as registered agency personnel for at least five years' has been added to protect the acquired rights of our employees.
• An objection was made to the regulation that foresaw the defense being requested only when deemed necessary by the Administration; the phrase 'if deemed necessary' has been removed from the Regulation to protect the right to defense under constitutional guarantee.
• An objection was made to the regulation that requires at least 50% of the fee specified in the tariff to be paid to the sub-agent; with the reduction of the rate to 30%, the opportunity for main agents to work with sub-agents has been preserved, and the risk of sub-agents losing their jobs has been prevented.
• In line with our request for sanctions against acts that prevent agents other than those they own or are partners in from freely operating in port facilities, an administrative monetary penalty has been added to the relevant article.
• Authorization certificate fees have been significantly reduced in line with our requests:
Authorization Certificate Class Draft Regulation Discount
Class A Class B Class C
900,000 TL 600,000 TL 300,000 TL
300,000 TL 200,000 TL 150,000 TL
%66.7 %66.7 %50.0
• Provisions that require at least 50% of the capital to consist of cash or easily convertible investment instruments and that foresee the cancellation of the authorization certificate if the specified capital limits fall below at any time have not been included in the final Regulation in line with our objections.
• In accordance with our proposals, the definition of Class C 'Yacht Agent' has been added to the Regulation; minimum and applicable authorization criteria appropriate to the nature of yacht agency activities have been foreseen for this class. Additionally, the regulation in the initial draft has been renewed, allowing Class C Yacht Agents to provide agency services for all yachts, including those in the Turkish Straits, thus preventing deprivation of rights.
Requests Not Accepted During the Regulation Preparation Process
• The removal of the regulation that requires the employment of personnel graduated from maritime-related programs in agencies,
• The protection of the acquired rights of currently employed personnel,
• The removal of sanctions for the suspension of activities and the cancellation of authorization certificates,
• Our requests for administrative sanctions to be based on warnings and disciplinary processes have not been deemed appropriate and have not been reflected in the Regulation.
Regulations Taken to Court
• Training requirements that do not protect the acquired rights of current employees,
• Provisions regarding the employment of maritime graduates in central agencies,
• The precautionary suspension of agency authorization certificates,
• Provisions regarding the annual increase of capital amounts in line with the revaluation rate. Legal action has been initiated at the Council of State with a request for a stay of execution and annulment regarding these regulations, and the judicial process is ongoing.
Throughout this meticulously conducted process over nearly two years, our colleagues have not been left alone at any stage.
Our struggle began while the Regulation was still in the preparation phase; administrative initiatives, technical studies, direct negotiations, and ultimately legal actions have been pursued with the same determination. In the future, developments will continue to be closely monitored, and all necessary initiatives will be resolutely pursued to protect the labor, rights, and acquired rights of our colleagues.
We do not find it appropriate for such an important issue directly related to the rights of our colleagues to be turned into election material for the Chamber of Shipping with incomplete and misleading information!
We are seafarers. We believe that competition should also be conducted in a manner that is respectful, constructive, and gentlemanly, befitting maritime culture.
We believe that a common sense and solidarity approach, rather than divisive rhetoric, will add more value to our sector; we think that the common interests of all our colleagues should be prioritized over any personal or temporary accounts.
This understanding forms the basis of the working culture we have adopted so far. Indeed, nearly a quarter of a century ago, in 2002, we also resorted to legal means against the first Ship Agents Regulation that came into force; as a result of the annulment case we filed, we achieved a significant gain for our sector by having the entire Regulation annulled by a judicial decision.
Our same struggle has been pursued with the same determination in the processes related to the regulations dated October 31, 2005, June 2, 2011, and March 5, 2012. This experience clearly shows that permanent solutions are only possible through legally sound, institutional, and results-oriented efforts. Our approach has not changed today, just as it did not in the past. We act with an understanding based on documentation, law, and concrete results rather than daily polemics; we continue to protect the common interests of our sector with the same sense of responsibility.
Our expectation from our members is to make their evaluations considering the entirety of the process, to follow developments in line with official documents and the statements of our İMEAK Chamber of Shipping, and not to give credence to unfounded claims. Our measure is not polemics; it is documentation, law, and results. This struggle, which we pursue with determination, will continue with the same sense of responsibility; the rights and interests of our colleagues will be defended on every platform. We respectfully announce this to the public.
Candidate for the Presidency of the İMEAK Chamber of Shipping
Source: SeaNews Türkiye
