TAREKS Exemptions and Out-of-scope Declarations

Every product within the communiqué scope passes inspection; but not every product is in scope in the first place. In Türkiye's product safety import controls, two separate gates are frequently confused: the out-of-scope declaration and the exemption. The out-of-scope declaration is a notification given when the product's GTİP appears in none of the current communiqué annexes, carrying reasoning instead of evidence; it is a recorded transaction through the system, and its mistaken use creates problems later. The exemption is a different thing: the product is in scope, but because its intended use or status meets conditions defined in the legislation, it is left outside inspection; imports for research and development purposes, personal-use consignments and goods brought for fairs and exhibitions fall into this group. The common denominator of the two gates is this: both demand documents, both leave a record, and both produce retrospective sanctions when misused. This article discusses how the out-of-scope declaration is filed, the conditions of each exemption type, the evidence set each requires, and the edge cases. Clinical research and laboratory scenarios serve as examples; the rules apply to all product families.

Who is this for?

This guide is for every party that must read the scope of the product safety communiqués correctly. Companies importing products with borderline GTİP codes need to interpret and record the scope screening result. Clinical research teams and CROs are the most frequent users of the exemption gate for equipment and material brought for research purposes; the exemption conditions should become part of the protocol and the depot records. E-commerce and retail companies carry risk where the personal-use boundary blurs with commercial consignments. Fair participants and exhibition organisers manage the exit obligations of temporary-status consignments. Customs brokers decide together with the importer which gate and which declaration to use. Quality units build the records assuming both gates are auditable: when the scope screening was done, on which rationale which gate was chosen, and how the exemption conditions were monitored.

Which products does it cover?

The out-of-scope declaration is assessed not per product but per GTİP: the position is screened against the current year's communiqué annexes, and if it appears in none, the out-of-scope notification comes onto the agenda. In practice, raw materials, semi-finished goods, certain intermediate materials brought for industry and goods falling outside the product definitions of the communiqué family pass through this gate. On the exemption side, the product family does not matter; the criterion is status and use. Imports for research and development purposes are an exemption defined independently of the product's nature, covering a spectrum from laboratory equipment to prototype parts. The personal-use exemption relates to passenger accompanying goods and individual consignments; the criterion is that quantity and character be non-commercial. Goods brought for fairs, exhibitions and similar events rest on temporary status. For sample consignments the exemption depends on the sample's genuine purpose; it must be in quantity and character unsuitable for sale. At both gates, building the correct product definition starts with GTİP classification.

When does it apply?

The out-of-scope declaration applies in parallel to the obligation of scoped products to submit a conformity declaration before the customs entry: for out-of-scope products, a notification duty arises instead. If the product's GTİP appears in none of the annexes, this route is followed; but the screening must be done not only on position-number matching but together with the product descriptions and exception notes in the annexes. Exemptions engage when the product is in scope yet specific conditions emerge: it will be used within a research programme, brought temporarily for an event, kept within personal-use limits, or carries sample character. The critical situation is this: the same product can pass through different gates on different occasions; one shipment may arrive under a research exemption while the next is processed in scope for commercial purposes. The continuity of an exemption is conditional; when the condition disappears, for instance when the research product is to be placed on the market, the exemption becomes void and the product must pass through the normal scope.

Legal framework and authority

The legal basis of the two gates is shared: the law on product technical legislation, the council of ministers decision on technical regulations and standardization in foreign trade, and the product safety and inspection communiqués published annually under that framework. The communiqué annexes draw the scope; exemption provisions are defined in the communiqué texts and the related technical regulations. The competent authority is the Ministry of Trade; the out-of-scope declaration is filed through the TAREKS system, and exemption assessment is joined with customs processing. The exemption provisions in the communiqué texts can change in the annual renewal, which is why reading the current text every year is mandatory. The announcements of the ministry's product safety unit and the guiding documents on the TAREKS help portal explain how the exemption is requested for each product group. Sanctions for exemption misuse fall under the administrative sanction provisions of the product safety legislation; this article does not enter sanction detail, but the risk exists structurally and must be taken seriously.

Step-by-step process

1. Confirm the GTİP from your classification file; no statement about which gate is open can be made before the scope screening runs on the correct position.
2. Screen the position against all annexes of the current year; look not only at number matching but at product descriptions and exception notes in the annexes.
3. Put the result in writing: which annexes were checked, on which date, on which versions; the scope screening record is the file's foundational document.
4. If the out-of-scope result is clear, file the notification through the system and ground the rationale in the screening record.
5. If the product stays in scope, assess the exemption option: do your intended use, quantity and recipient structure overlap with the communiqué's exemption conditions?
6. If you choose the exemption route, build the evidence set: purpose statement, programme or event documentation, quantity rationale, undertaking not to place on the market.
7. After the shipment, monitor the conditions: record the use of exempted goods, plan the exit of fair goods, document the fate of samples.
8. Repeat the scope screening at the annual communiqué renewal; out-of-scope decisions and exemption interpretations must be refreshed year by year.
9. Enter all decisions into the change-management record; have a ready answer in an audit to the question of which gate was used and why.

Document checklist

• GTİP classification note and rationale.
• Copies of the current year's communiqué annex pages, dated with the screening.
• Scope screening record: annexes checked, date, version, result.
• Out-of-scope notification screenshot and application number.
• Purpose statement and supporting programme documentation for exemption requests.
• Protocol or project reference, place and duration of use for research projects.
• Fair and event documents: participation, duration, exit plan.
• Quantity rationale: records supporting personal-use or sample status.
• Undertaking not to place on the market and internal monitoring procedure.
• Post-shipment use and fate records.

Parties and responsibilities

The gate choice looks like a technical decision; its legal consequence belongs to the importer. Where the broker reads it differently, the rationale must be kept in writing and the disagreement recorded in the file. In exempted imports, monitoring the conditions is the importer's continuity obligation; a breach of conditions also weakens, retroactively, the decision under which the goods were brought in.

Exceptions and edge cases

The edges of the concepts are blurry, and most mistakes happen there. The out-of-scope declaration is given because the product is out of scope; using an out-of-scope declaration instead of an exemption while the product is in scope is the misuse the system most frequently sees. The research and development exemption looks at the intended use, not the product's nature; the same device imported for commercial purposes enjoys no exemption. Selling or repurposing a product brought under research scope afterwards breaches the condition and requires a correction process. The personal-use boundary is read with quantity and character together; bringing the same product in a quantity suggesting commercial interpretation suffices to collapse the claim. For fair goods the period ties to the event calendar; exceeding it breaks the temporary status. Sample status requires character unsuitable for sale; the word "sample" alone grants no status. In multi-component kits one component can be out of scope while another is in scope; the declaration must be built component by component. At the annual transition the scope change does not automatically carry last year's decision, so a fresh screening is mandatory.

Common mistakes

The most common mistake is using out-of-scope and exemption as synonyms; two different transactions, two different records. The second is screening by GTİP number matching alone and skipping the annex descriptions; product-definition notes change the result. The third is keeping no scope screening record; in an audit the basis of the out-of-scope decision cannot be shown. The fourth is failing to track the fate of goods brought under research exemption; the condition breach stays silent and surfaces later. The fifth is extending the personal-use claim to commercial shipments. The sixth is bringing fair goods without planning their exit; exceeding the period breaks the status. The seventh is carrying last year's decisions into the new year; the annexes have changed and the decision must be renewed.

Important notice

This article is general information, not legal or customs advice; for out-of-scope declaration and exemption decisions consult a licensed customs broker and verify the current communiqué texts and guiding documents on the ministry's official pages. GTİP codes and product examples mentioned here are illustrative only; the GTİP examples are not binding and do not constitute classification advice. Exemption provisions can change with the annual communiqué renewals; the current text must govern before every transaction.