Legislation

1 Sayılı Cumhurbaşkanlığı Kararnamesi

PRESIDENTIAL DECREE ON THE
ORGANIZATION OF THE PRESIDENCY OF THE REPUBLIC
 
PART SEVEN
PRESIDENTIAL OFFICES
 
SECTION ONE
Establishment and Definitions

Establishment

ARTICLE 525- (1) In this part of the Presidential Decree, the Digital Transformation Office, the Finance Office, the Human Resources Office and the Investment Office have been established under the Presidency of the Republic, with private budgets and their own public legal entities, and administrative and financial autonomy to perform the tasks assigned to them.

(2)(Ad:OG-24/10/2019-30928-PD-48/7 art.) Offices are headquartered in Ankara. Offices can establish working bureaus inside or outside the country if they deem it necessary.

Definitions

ARTICLE 526 - (1) The below terms referred to within Section shall have the meanings below;

a) President: President of the Digital Transformation Office, Finance Office, Human Resources Office and Investment Office,

b) Presidency: Presidency of the Digital Transformation Office, Finance Office, Human Resources Office and Investment Office,

c) (Ad:OG-24/10/2019-30928-PD-48/8 art.) Digital transformation: Holistic transformation carried out in human, business processes and technology elements aimed at increasing economic and social well-being through the use and development of digital technologies.

 

SECTION THREE

 

 

Finance Office

 

Duties of the Finance Office

ARTICLE 527/C - (Ad: OG-24/10/2019-30928-PD-48/9 art.

(1) The duties of the Finance Office are:

a) To monitor the national and international banking and financial sectors and provide reports and analyses about them.

b) To report on Turkey's position in financial markets.

c) To carry out works that would ensure the diversification of financial resources and that international funds would come to Turkey.

ç) To carry out the Istanbul Finance Center project and to follow its developments.

d) To perform other duties assigned by the President of the Republic.

Service units of the Finance Office and their duties

ARTICLE 527/Ç - (Amended: OG-06/02/2021-31387-PD-70/23 art.)

(1) The service units of the Finance Office and their duties are:

a) Department of Financial Strategies and Analysis:

1) To provide data on the banking sector and non-banking financial sector and to report the results obtained by analyzing these data for different periods to the President of the Republic.

2) To prepare reports on the general situation of the financial sector in Turkey and present them to the President of the Republic.

3) To monitor national and international financial movements and to analyze their effects, to report current economic and financial developments to the President of the Republic.

4) To make analyses on Turkey’s financial structure, to develop strategies and to carry out work to strengthen the financial structure.

5) To determine and report Turkey’s position in international financial markets and develop strategies to strengthen it.

6) To carry out work to introduce new financial products into the system, to develop financial products and to increase financial diversity.

7) To determine strategies in order to develop the area of financial technologies, to monitor the implementation of the decisions taken within the context of these strategies before public institutions and organizations, and to report the results to the President of the Republic.

8) To perform other duties assigned by the President.

b) Department of Participation Finance:

1) In the direction of policies determined by the President of the Republic, to develop strategies in the area of participation finance, to monitor the implementation of the decisions taken within the context of these strategies before public institutions and organizations, and to report the results to the President of the Republic.

2) To increase the cooperation among public institutions and organizations, private sector, universities and non-governmental organizations for the purpose of developing participation finance, and to ensure the coordination in this area.

3) For the purpose of developing participation finance and increasing the awareness of participation finance, to conduct national and international activities, to participate in and to support such activities.

4) To make research on strengthening Turkey’s position in international financial markets in the field of participation finance.

5) In the area of participation finance, to carry out work to introduce new financial products into the system, to develop financial products and to increase financial diversity.

6) To perform other duties assigned by the President.

c) Department of Istanbul Finance Center:

1) To develop strategies and policies that will turn Istanbul into a global financial center, to monitor the implementation of the policies and strategies by coordinating the related public institutions and organizations within this context.

2) In order to maintain the completion of Istanbul Finance Center project, to make it operational, and to ensure the improvement of it in the direction of the objectives determined by the President of the Republic, to perform the tasks of execution and coordination.

3) To ensure coordination regarding the alignment of all legislative works developed by different institutions and organizations related to the Istanbul Finance Center project and the preparation of the relevant legislation.

4) To perform other duties assigned by the President.

ç) Department of Foreign Affairs:

1) To provide information exchange between the Office and international organizations and the relevant institutions of other countries, to carry out bilateral or multilateral cooperation activities, to prepare and carry out protocols within the framework of the relevant legislation in this context.

2) To participate in the work of international organizations, monitor the implementation of decisions adopted therein and ensure the necessary coordination.

3) To carry out the arrangement and coordination of promotional activities abroad together with the relevant department.

4) To follow through the process of signing and/or approving international agreements, contracts and other legal texts regarding issues that fall within the scope of the duties and responsibilities of the Office before the relevant public institutions and organizations.

5) To carry out work and operations related to the foreign representative bureaus of the Office.

6) To perform other duties assigned by the President.

d) Department of Administrative Services:

1) To conduct studies and make proposals regarding the human resource policy and planning of the Office, ensure the employment of personnel and carry out operations regarding the personnel affairs.

2) To carry out necessary training activities for the training of the personnel of the Office.

3) To establish, operate and develop the information technology infrastructure of the Office.

4) To carry out the services of the Office related to financial affairs.

5) To carry out construction, purchase, lease, maintenance and repair, health and other administrative services of the Office, to keep records of the movable and immovable properties.

6) To carry out the corporate communication processes of the Office.

7) To perform other duties assigned by the President.

e) Legal Consultancy:

1) To perform the duties assigned to legal departments in accordance with the provisions of Legislative Decree No. 659 dated 26/9/2011.

2) To perform other duties assigned by the President.

 

SECTION SIX

 

 

Common provisions

 

Responsibility and coordination

ARTICLE 528 - (1) The President is the highest supervisor of the Office and is responsible for the general administration and representation of the Office before the President of the Republic.

(2) The President governs in accordance with the objectives, policies and strategies set by the President of the Republic.

(3) The President prepares the budget proposal of the Office, executes, monitors and reports on the practice in accordance with the determined objectives, policies, strategies and performance targets and criteria.

(4) The President reviews the management systems of the Office, oversees the effectiveness of the corporate structure and management processes and ensures the development of management.

(5) The President ensures cooperation and coordination with public institutions and organizations and non-governmental organizations on issues that fall within the field of activity.

(6) (Amended: OG-24/10/2019-30928-PD-48/10 art.) Vice presidents may be appointed to assist the President in the Offices.

(7) (Amended: OG-24/10/2019-30928-PD-48/10 art.) The Office has the power and duty to coordinate in matters that fall within its purview with all public institutions and organizations, to work in close cooperation with ministries, public institutions, public enterprises and organizations with the characteristics of public institutions, to carry out all meetings or other organizations necessary for these, to participate in international efforts and to represent our country.

(8) The Office Presidencies, may procure services such as research, studies, projects and organize international bilateral and multilateral contacts and meetings and any other related services, as they deem necessary in relation to their tasks, from domestic and foreign natural and legal persons by contracting or negotiating and buy services and goods in relation with these matters.

(9) Expenditures to be made in accordance with the provisions of the relevant legislation for public officials and other persons whose services will be used in the procurement of services related to the activities in this scope, and the evaluation of the projects proposed to the Presidency and the monitoring of the supported projects shall be covered from the Presidency budget. In research and development projects supported by the Presidency, instructors working within the scope of the project can be paid from the amounts determined within the approved project, provided that they are limited with the duration of the project. Service fees may be paid to other personnel who are working in the project and who are not public servants as per the amounts determined in the approved project.

(10) (Ad: OG-24/10/2019-30928-PD-48/10 art.) The Office has the power and the duty to evaluate the legal, administrative and technical needs related to its purview and to develop legislative proposals on issues that fall within the purview.

Employment of personnel and assignment of duties

ARTICLE 529 - (1) In the Offices, the personnel are employed in accordance with the provisions of Article 10 of the Law dated 21/6/2006 and numbered 5523. In addition, according to its relevance, temporary or contract personnel may be employed per the additional articles no. 25 and 26 of the Legislative Decree dated 27/6/1989 and numbered 375. In this way, the procedures and principles of the contracts, as well as the amount of wages and all types of payments, regarding those to be employed are determined by the President of the Republic.

(2) Expert personnel are selected from candidates who have graduated from higher education institutions providing at least four years of education or from higher education institutions abroad, whose equivalence is accepted by the Council of Higher Education.

(3) In temporary jobs requiring special knowledge and expertise, domestic and foreign consultants and experts may be employed for one year or more than one year, by a contract of mandate, work or employment, taking into account the characteristics or continuity of the service.

(4) The procedures and principles regarding the employment of the personnel and which of the operating expenses incurred by the president and other personnel during the performance of their duties can be covered from the Office budget are determined by the regulation.

(5) An internal auditor with the qualifications specified in the Public Financial Management and Control Law No. 5018 may be employed.

Education and compulsory service

ARTICLE 529/A - (Ad: OG-24/10/2019-30928-PD-48/11 art.)

(1) Office personnel can be sent abroad to be trained, educated, to develop their knowledge or to do internships in services that fall within the scope of their professions. In this context, regarding the procedures and conditions for selection of personnel to be sent abroad, how their studies are to be monitored and audited, the circumstances which may require that they be recalled, compulsory service, the payment of expenses and other matters, Article 78, Article 79, Article 80 and Additional Article 34 of the Law No. 657 and the provisions of the legislation promulgated under these articles shall be applied mutatis mutandis. However, the President is authorized to determine the amounts to be paid, not to exceed the rates specified in the first and second paragraphs of Article 79 of the Law No. 657.

(2) If deemed appropriate by the President, personnel may be sent to domestic language education programs to learn the foreign language they will use in Office services more effectively, provided that this would not disrupt Office services. In this case, the Office can cover up to 50% of the personnel's language education costs.

Budget and audit

ARTICLE 530- (1) The budget of the Office consists of the following sources:

a) Allocation from the general budget to the Presidential budget,

b) Income received by the Office in exchange for various services that can be provided for a fee,

c) Assistance and donations from natural and legal persons.

(2) The procedures and principles related to incomes, expenses and accounting and audit of the budgets of Offices are determined by regulation to be issued by the President of the Republic.

Requesting information and complying with confidentiality

ARTICLE 531 - (1) The Offices may request from public institutions and organizations the information and documents necessary to conduct research and examination and other work that fall within their purview. None of the personnel of the Office may disclose or use it in their own interests or the interests of others, what is confidential from the information provided in this manner.

Cadres

ARTICLE 532– (Amended: OG-24/10/2019-30928-PD-48/12 art.)

(1) The cadres of the Office are determined by the decision of the President of the Republic.

Responsibility of managers

ARTICLE 533 - (1) Managers at all levels serving in the Office are responsible to their superiors at the level immediately higher than theirs, for organizing and executing the services or duties they are obliged to perform in accordance with the legislation per the direction of orders and directives to be given by the President of the Republic and orders and instructions to be given by sequential managers.

Transfer of authority

ARTICLE 533/A - (Ad: OG-24/10/2019-30928-PD-48/13 art.)

(1) The President and the managers of units at all levels may transfer some of their powers to the lower echelons, provided that their boundaries are clearly stated and written. The transfer of authority is announced to the relevant persons with appropriate means. The transfer of authority does not eliminate the responsibility of the manager who delegates the authority.

Regulatory duty and authority

ARTICLE 534- (1) The Presidency of the Office may adopt administrative arrangements on matters that fall within the scope of its duties, powers and responsibilities.

Missions abroad

ARTICLE 535- (1) The Presidency may establish missions abroad in accordance with the Presidential Decree on missions abroad.

Regulations

ARTICLE 537- (1) The procedures and principles for the implementation of this Presidential Decree are regulated by regulations to be issued by the President of the Republic.

Entry into force

ARTICLE 538- (1) This Presidential Decree shall enter into force on the date of its publication.

Execution

ARTICLE 539- (1) The provisions of this Presidential Decree are executed by the President of the Republic.