Export Controls and Licensing in the Defence Industry
Işık Hukuk Bürosu
2 hours ago
3 min read
Defence exports differ significantly from ordinary commercial exports. Before a defence or advanced technology product is transferred across borders, its technical characteristics, intended use, end user, destination and foreign-origin technology or components may require assessment alongside its commercial nature.
In Türkiye, Law No. 5201 and related legislation provide an important control framework for weapons and equipment of war, arms, ammunition, military explosives and related technologies.
Production, import and export of items on the Controlled List are subject to the relevant licensing mechanisms of the Ministry of National Defence (MSB). This authority under Law No. 5201 should not be described as a general export-approval power of the Presidency of Defence Industries (SSB). Export controls also extend beyond this framework.
Dual-Use Goods and Technologies
Dual-use goods and technologies are a significant issue for defence companies. A product need not have been designed specifically for military purposes to fall within export controls.
Potentially relevant fields include electronics, telecommunications, information security, sensors and lasers, navigation and avionics, materials technology, and aerospace and propulsion systems. The statement that a product is not a weapon is therefore insufficient, on its own, to determine its export-control status.
The International Dimension
Turkish defence and technology companies operating internationally may need to consider multilateral arrangements such as the Wassenaar Arrangement and, depending on the jurisdictional connections of the transaction, foreign legislation.
US ITAR or EAR requirements may arise in certain transactions involving controlled US-origin technology or components. The EU dual-use framework may likewise be relevant to supply chains connected with the European Union.
End-User Controls
Export controls concern not only what is being exported but also who will receive it, where it will be used, its intended end use, whether it may be transferred to another country, and whether technical data or software are included.
An Internal Compliance Programme (ICP) should therefore operate as an internal control mechanism spanning sales, engineering and logistics, rather than simply as a legal document. Export compliance should be integrated from the outset of a transaction.
Licensing and Contract Management
Classification, permits, end-user documentation and any re-export conditions should be assessed alongside the bid and delivery schedule. Contracts may allocate responsibility for applications and supporting documents and address the consequences of refusal, delay or withdrawal of a licence.
Misclassification or an unauthorised transfer may lead to administrative or criminal sanctions under applicable legislation and contractual liability.
Multilateral control arrangements must be distinguished from the national laws implementing them. For dual-use goods, the Ministry of Trade’s rules and the responsibilities of other competent authorities require separate consideration; not every dual-use item requires authorisation from the same authority.
Sources
This article has been prepared on the basis of legislation in force and official sources available as of 28 September 2026. It is intended for general information purposes only and does not constitute legal advice regarding any specific export, import or technology-transfer transaction. Product classification and technical characteristics, the end user, end use, destination and country of origin, foreign-origin technology or components, re-export or re-transfer restrictions, sanctions, and applicable international export-control regimes may materially affect the licensing and compliance requirements applicable to a particular transaction.
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