Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4545.html
Law No. 4545:7.3.2000 article 1. – July 6, 1999, signed in Ankara on "the Convention on social security Between the Government of the Republic of Turkey and Romania" to be approved. Article 2. – This law enters into force the date of promulgation. Article 3. – This law the provisions of the Council of Ministers.
CONVENTION ON SOCIAL SECURITY BETWEEN the GOVERNMENT of the REPUBLIC of TURKEY and ROMANIA Romania with the Republic of Turkey, hereinafter referred to as "Âkit parties". Cooperation between both States in the field of social security in order to reach agreement on the following matters. Part I GENERAL PROVISIONS article 1 Definitions 1. In the implementation of this agreement: a) "country" in terms of Turkey; In terms of Turkey Republic, Romania; Romania's State soil "territorial waters and sovereignty of every frontier with Romania is located below the land and the airspace, territorial waters and the continental shelf in accordance with the provisions of its own legislation and international law, the rights and powers as ruler of Romania uses the foreign economic regions", b) "Legislation" referred to in article 2 in relation to social security regimes and arms in a country of both Âkit Parties in force laws, rules and regulations , c) "competent authority" in respect of the Republic of Turkey, Ministry of labour and social GüvenlikBakanı with other relevant Ministers, Minister of labor and Social Protection with regard to Romania and other responsible Ministers, d) "institution" in the land of both Âkit Parties; the legislation referred to in article 2 are exerting all or part of the competent authority or institution, e) "authorized institution" presenting the service according to the legislation applied to the responsible agency or agencies who spend for, f) "insured person" referred to in article 2 are applied and the legislation governing the branches to which the style is applied, g) "Insurance period" referred to in article 2, according to premium or legislation governing the branches NISA paid or paid is counted times , h) "monthly, allowances, help" in the legislation specified in article 2, a monthly allowance and assistance envisaged, I) "Living" constantly referenced in, j) "" temporary referenced location, k) "family member" as family members according to the legislation applied by the competent institution defined or accepted one, l) "eligible" AIDS which according to the legislation, that legislation adopted or identified as the owner of the right of refers to.
2. any term not defined in this article, Âkit in accordance with the legislation applied by parties in what sense is used, it refers to the meaning.
Article 2 the material scope of application 1. This agreement applies to the following legislation.
A) in terms of Turkey;
I. social security law covering agricultural workers the workers social security law (disability benefits, old age, death, occupational accidents and occupational diseases, sickness and maternity) II. State pensions of the Republic of Turkey to regulate the civil servants pension fund law (disability benefits, old age and death) III. Craftsmen and Artisans and other independent Workers in agriculture, with its own name and account of the law of Social SigortalarKurumu Employees social insurance law (disability benefits, old age and death) IV. Temporary Social Insurance Act No. 506 20 through the relevant legislation with the crate to the article. (disability benefits, old age, death, occupational accidents and occupational diseases, sickness and maternity)
B) in terms of Romania;
The following social insurance and health social insurance within the scope of the legislation in effect in relation to apply to the branch edited: 1) social insurance and social assistance, health insurance;
I removed that occurred as a result of contagion, workplace injuries that occur, except for occupational diseases and workplace accidents compensation;
II. Prevention of diseases and helping to regain its capacity to work;
III. Maternity Wrongful; IV. compensation of childbearing or don't look sick child;
V. old age pensions;
VI. Malûliyet monthly;
VII. The remaining party pensions;
VIII. Death pensions;
2) health insurance;
2. without prejudice to the provisions of 3rd paragraph, 1st paragraph of this agreement specified in the legislation, regulating or again instead of this legislation or that the legislation also applies to all kinds of legislation that brings additional provisions.
3. this Convention does not apply to legislation that creates a new social security regime. However, in the case of the creation of a new regime or risk can be applied to this risk, require a new contract.
Article 3 Personal scope of application unless a provision to the contrary in this agreement, the provisions of this Convention, in either one or both Âkit-party mevzuatından previously located or been subject to the legislation of a party is still subordinate to Âkit persons and their family members with rights owners are applied.
Article 4 a provision to the contrary in this agreement, unless the process Equality, sitting in his country granted by one of the Âkit and the provisions of this Agreement, implemented in the country in terms of the rights and obligations prescribed by the legislation, it will be treated on a par with citizens of the country.
Article 5 Export your help Âkit if either party according to the legislation, the resulting benefits, as opposed to a provision in this agreement, within the scope of article 3 on the other side of the country or in a third country other than the countries of the Âkit Party to sit exactly in advance. Article 6 Aid does not conflict 1. This agreement covers the same period within the same insured risk two or more does not provide the right to help.
2. the provisions of paragraph 1 of the present article the competent institutions of both sides 22 and 27/b substances according to paid disability benefits, old age and death pensions do not apply to help with occupational disease.
II. SECTION GOVERNING LEGISLATION contrary to this agreement a provision or clause 7;
1. in the land of paid employees, A Âkit Party with regard to this work, in the land of the living and that of the other party or on the other side of the country, the employer or employer's business center must in the Working Party, even if subjected to the legislation of the country.
2. land of a Coalition Party who perform, even then it's in the country works independently, the parties would be subject to the legislation of the country of activity.
3. Âkit the officers or similar personnel of a party that is running them the Administration would be subject to the legislation of the country party.
Article 8 temporary assignment 1. Âkit a paid worker employed in the territory of a party, the other for the performance of work by a particular employer Âkit is sent to the parties as temporary, this one as a paid employee of the same employer if, with the condition that it doesn't exceed 24 months protecting first subjected to the legislation of the country of Âkit Party. Both Âkit to approve in advance the competent authorities and by the party during this period can be extended, provided that not more than a total of 60 months. 2. a professional activity in the territory of one of the parties is a Âkit who perform self-employed, temporarily Âkit other Party activities in the country if this country goes, with the aim of performing 24 months would be subject to the legislation of the country in the first Âkit Party. Both Âkit to approve in advance the competent authorities and by the party during this period can be extended, provided that not more than a total of 60 months.
Article 9 international transport Enterprises Staff 1. A workplace is someone else's account or on its behalf, highway, air, rail, or sea freight and international passenger or goods transport in which its registered office is located in the country Side, the other Central Âkit staff, from circulating or time this would be subject to the legislation by the party. However;
a headquarters of the party of the establishment referred to) other than a branch or permanent representation in the country's Âkit Party, which is run by no one, this branch or permanent representation will be subject to the legislation by the party resides.
b) for all intents and purposes, no one in the country owned the employment Âkit Party, itself a branch of the employer that is running in this country does not have permanent representation in the Center, even party or through legislation.
Article 10 the ship's men 1. The ship carrying the flag of a party Âkit a party, this would be subject to the legislation by the party Âkit.
2. Âkit port of one of the Parties or a non-paid employee and in karasu ship crew no one, a ship carrying the flag of the country the other Âkit Side loading, unloading or repair works in or overseeing this work, as the country's territorial waters of the harbor or party legislation is applied.
3. a ship bearing the flag of one of the parties Âkit an activity who perform and this activity for business center or centre is located in a country or other Âkit Party nobody by nobody paid free, in the land of the second party's legislation would be subjected to the State if he lives.
Article 11 diplomatic missions and Consular Officers
Diplomatic missions and consulate officials with members of the administrative and technical staff and officials to run in the special service contacts, diplomatic relations dated 18 April 1961 with the Vienna Convention on consular relations of 24 April 1963 Vienna Convention governing will be subjected to.
Article 12 Exceptions Âkit competent authorities of the parties, any person or groups of people in terms of the legislation to be applied about Âkit is subject to the legislation of one of the parties is a person or groups of people in favor of this agreement constitutes an exception to article 7-11 provisions, they can agree on.
Chapter III SPECIAL PROVISIONS section-I SICKNESS and MATERNITY BENEFITS Of Insurance Periods article 13 1. According to the legislation of one of the parties Âkit help to take advantage of particular insurability must be completed, the duration of that party, the competent institution in the territory of the people walk in the same time period, the condition of the insured, according to its own legislation like the past.
2. with regard to sickness and maternity allowances, mentioned in paragraph 1 of the present article the combination of long but the subject's request for assistance in the land of Âkit where the Parties to a paid activity performed in batches.
Article 14 does not reside in the country for work or Other Âkit Party 1. Employers by other temporary task for execution of a certain work Âkit of the insured person and sent to the land Side side of the family in situations when require treatment, business center of the country's authorities nam and account sides, illness or maternity insurance benefits from help.
2. According to the legislation of one of the parties Âkit insured people working in family members, other side with Âkit Party temporarily while residing in the country, requires emergency treatment health cases registered in the country in which they are authorities, when nam and benefits from sickness or maternity insurance assistance account. 3. According to the legislation of one of the parties Âkit insured family members found in the side with those who are running, Âkit of illness or maternity insurance provided by the country Parties to help benefit if he gets back to their own country while, in cases of illness and health, they continue to take advantage of the help. However, before returning to his country must obtain the permission of the institution in charge. Permission request, return to the land of the State of health of the person concerned is not appropriate in the case of the issuance of the report about the rejection.
For reasons which are not obtained such permission, we are already receiving, then this permission authorised institutions.
4. the duration of the assistance and the rights directly into the Assistant because crime doesn't take advantage of to help family members of the insured person to his/her home country according to the legislation, and the scope of aid will benefit from help shape, no one country is determined according to the legislation.
Bireylerinin the insured Family health benefits article 15 1. According to the legislation in the country where the insured health help on the other side are the sole countries to eligible family members of sitting in their country of residence according to the legislation of the right to health assistance with the condition that they have the disease, maternity benefit of help provided by insurance.
2. In paragraph 1 of the present article, the family, the competent institution of the country where the party temporarily left health assistance, according to the provisions of legislation the country can take advantage of.
3. Health assistance expenses, are borne by the insured person is registered Âkit-party authority.
4. the duration of the assistance and the rights directly into the Assistant because crime doesn't help will benefit from family members who are registered according to the legislation of the country of the insured is a party, and the scope of aid is a form of dwelling is determined according to the legislation of the country side.
Article 16 Bireylerinin Monthly owners and Family health benefits 1. According to the legislation of both Âkit Parties to pay pensions or income that take advantage of monthly-income and family, are seated in his country to help health Âkit according to the legislation by the party, according to a monthly, or this party alone legislation takes advantage of pretend income. Health costs, Âkit the scope of the legislation of the parties completed insurability are shared in proportion to the duration. 2. According to the legislation of one of the parties is a monthly Âkit or Âkit field, and other Party country income sitting in a person and family members, in accordance with the rights Âkit Party that pays pension legislation of medical benefits, pension Âkit-party authorities of nam and account paying resident at the scene of the premises.
3. According to the legislation of both Âkit Parties the attached income monthly or either party according to the legislation of one of the only Âkit with monthly or income connected persons and their family members residing with them, other Âkit while residing in the territory of States parties to the emergency aid when require, first, then Âkit the scope of the legislation of the parties last insurability is second in proportion to the duration of the month or the competent authority of the country that pays income to health benefit assistance account. 4. pursuant to paragraph 2 of this article, health help because crime doesn't help their rights directly into the duration of the benefit of family members help with detection, according to the legislation of Âkit Party that pays, and the scope of aid were regarded as resident in the country anyone who receive monthly Âkit Side is determined according to the legislation.
Article 17 Requires Large Expense of great devices and prostheses, health benefits shown in the list attached to the Administrative Agreement of dentures, require large equipment and other major costs, providing emergency health assistance except in cases where the registered institution depends on the party's permission.
Article 18 incapacity Allowances, İşgöremezlik allowances authorities according to the provisions of the legislation applied by the institution.
Article 19 Extradition Go 1. Except for administrative costs, of this Convention, 14, 15, 16, 17, 26 and 28 in cases stipulated in article medical aid costs made de facto amount, the competent institutions shall be paid to the institutions in this help.
2. the costs to be paid back by the competent institutions amounts help will be calculated in the same amount of their insured by the authority that issued it.
3. Both Âkit Parties competent authorities refund or other compensation arrangements, among them they can get along. Article 20 of this Convention, and Seating locations are Institutions, 14, 15, 16, 17, 26 and 28 of the projected benefits in article institutions, will be determined by the Administrative authorities to deal with.
II. SECTION DISABILITY BENEFITS, OLD AGE and DEATH AYLIKLARI article 21 Insurance Of Combining 1. According to the legislation of one of the ÂkitTaraflardan take advantage of help as the duration of an insurability will be completed depending on the circumstances, this legislation implements the institution subjected to the legislation as the other Âkit Party insurability people walk in the same time periods according to their own legislation with a record like past periods.
As a result of the implementation of this article, the subject's, didn't win the right to help in situations where the parties had signed a social security agreement with a third country in which they are insured, while at the same time also combine with the condition that the people walk.
2. aid granted by one Âkit to connect specific legislation of a special system within the scope of a specific profession or a work or completion of a specified period of time if it is linked to, such rights to directly into the help can't be won under an equivalent system only in determining, in the absence of such a system within the scope of the same profession or other Âkit party's legislation was completed periods of account in the same business. 3. According to the legislation of one of the parties Âkit a help through this legislation, the allocation of risk occurring date depending on conditions, this condition; or, as the case of the deceased is subject to the legislation of the other party or on the date specified in the relevant person and according to the legislation of the other Âkit Party of the rights holders are able to request the help of a correspondingly also fulfilled. 4. Âkit a party grants rights to help the legislation, are not able to determine the monthly payment directly into won while in the case of the account can join the other authorized Party authority, this checksum Âkit Party Âkit the scope of the legislation will take into account any time paid for this purpose.
5. Âkit malûliyet aid granted by one party to connect to the legislation relevant for a specific period of time the person is unemployed or malûliyet benefits have taken, in the case of other conditions tied to the Âkit Side within the scope of the legislation will be considered received the times in question.
6. in the implementation of this agreement NISA a month of premium or paid period of 30 days, 360 days a year.
Article 22 Aid Calculation
1. A person subjected to the legislation of the parties as intermittent or Âkit, according to the legislation applied by the institution of the other party, each Âkit, that requires anyone or rights owners considering the provisions of article 21, to benefit from the right to help detect whether the.
2. According to the legislation of the Âkit benefit from aid granted by one party as to article 21, the competent institution of that party without kazanılıyorsa must be paid according to the amount of help that party alone legislation determines the other, taking into account their insurability.
3. According to the legislation of one of the parties About one Âkit to help with the implementation of the provisions of article 21, however, qualify the institution of the party authority calculates the benefits as described below.
a Âkit Party legislation Authorized institutions, both), according to a times all insured according to the legislation applied by evaluating the like of which he alone nazarî calculates the amount of history.
b) However, the amount of the aid in question is not linked to a period of insurance, this amount was mentioned in subparagraph (a) is considered to be the amount of nazarî.
c) authorities later in this paragraph (a) or (b) the employer, in accordance with the legislation applied by the amount calculated according to nazarî, the last before the risk insurability times occur according to the legislation of both Âkit Parties the sum of last insurability times ratio, determines the actual amount. This is the amount to be paid to the person concerned.
d) in addition to the assistance made This month (a), (b) and (c) is calculated according to the paragraphs.
e) If the risk occurs before each two Âkit Side according to the legislation, a complete help last insurability to take advantage of either party according to the legislation of the necessary Âkit greatest is more than long, the competent institution of that party, that paragraph (a) shall apply to the section, equal to the amount of aid envisaged in legislation apply more than amount of full assistance to help with as well as without an obligation to replace the total time of the greatest takes into account the amount of time.
4. the quantity of family member or Help the rest of the calculation based on the number of rights holders, in a country of residing in other Âkit Party premises authorized family members and beneficiaries of the USA.
5. According to the legislation of one of the parties they help Âkit, insurability of the duration of all or part of the essence of the average earnings are calculated via the account payable, if average earnings to be taken into account, through the own legislation passed as insurability is determined according to the resulting gain in time.
Article 23 A year-Low of insurance Periods 1. regardless of the provisions of article 22, according to a Âkit Party legislation last year, if not the sum of the periods of insurance and periods of time, only considering that this legislation no rights according to the aforementioned period of this party's institution the Massager does not help does not have to provide.
2. In this case, the competent authority of the country of the other Âkit Party, the amount of time specified in paragraph 1 of the present article according to their own legislation by evaluating past periods such as the pension accounts.
III. PART Of the periods of Insurance and death DEATH ASSISTANCE payment of Aid article 24 1. Âkit are granted by one party to take advantage of the legislation help death insurability must be completed, authorities of the time, it helped to calculate elapsed time of other people walk the same time Âkit Side with the condition like in his own country regard.
2. According to the legislation of a party Âkit an insured one, if he died in his country, other Âkit Party Âkit Party are insured in the country are treated as dead and death entitled to help. 3. in the implementation of this agreement, in accordance with the legislation of both Âkit Parties to benefit from aid of death as, a Âkit-party death occurred only) help legislation is paid according to the, or, b) apart from the countries of the parties Âkit Death has occurred, the right to make use of help topic only help that the death event before the person is subject to the legislation last time are paid out according to the Âkit-party legislation.
IV. SECTION OCCUPATIONAL DISEASES and ACCIDENTS in the country of Both Âkit Parties the same Item 25 Risk Exposure 1. Occupational disease, no one in the land of both ÂkitTaraf held that a disease that's what happens, nobody can claim benefits or rights holders, as the case of this article, the provisions of the 2nd and 4th paragraphs of the last place of the conditions for taking into account the Âkit according to the legislation by the party. 2. According to the legislation of one of the parties Âkit occupational disease benefit from help as the first country of the disease occurred on its territory if, due to circumstances that this condition for the first time this disease occurred in the country in case of other Âkit Parties are also fulfilled.
3. According to the legislation of one of the parties Âkit occupational disease benefit from assistance as may cause such a disease, illness, last activity ended after a certain period of time depending on the conditions that occur within those parties authorized institution, in the land of this disease occur when other Âkit Party audit performed in the territory of the other Âkit Party of the same nature activities, these activities have been performed according to their legislation. 4. ÂkitTaraflardan one of legislation, directly or indirectly, the right to help occupational disease leads to the activity to be performed in a given time, subject to conditions, the side of the merge process, the competent authority, such an activity has been performed in the country while other ÂkitTarafın are.
Article 26 in the country of Residence or Other Âkit Party which was attacked by an accident or occupational disease the work are not maintained and the people sitting in the country or other Âkit Party, the competent institution account or accepted within the scope of their country legislation, health benefit from help.
Article 27 Professional Deterioration of his illness Âkit in accordance with the legislation on occupational disease granted by one of the insured person, in the territory of the other party made the aid long as it fits in this disease ağırlaşırsa, the following rules apply.
1. Occupational disease according to the legislation referred to in the second someone held Âkit Tarnafın will cause illness or disease if he hasn't exercised an activity, first ağırlaştıracak ÂkitTarafın according to the provisions of the legislation applied by the competent authority, according to assume the cost of help by getting unwieldy. 2. Insured persons according to the legislation of the second party to such an activity, the competent authority of the first Executive Âkit Party, without regard to costs, unwieldy help, must undertake according to the legislation applied; the second is the authorized institution's own legislation according to the Âkit Party of the person concerned, according to the State to be calculated after the enclosure from the amount of help with the amount of aid to be paid before the enclosure pays the difference between.
Article 28 Medical Controls the country, sitting in A Âkit-party or in order to ascertain their condition of persons incapacitated for work on the one hand according to the legislation at the request of the competent institution prescribed medical controls, authority and presence of the institution's account made by the institution at the sitting or about. If medical controls, both for the implementation of the legislation by the party Âkit, made by the institution at the living of the person concerned or, expenses that belong to the institution.
As a result of the subject's medical control made in the case of recovery is found to be incapacitated for work, working in the country the last runs as reserved.
Chapter IV MISCELLANEOUS PROVISIONS article 29 Administrative Measures and Cooperation Procedures 1. Competent authorities of the parties in the implementation of this agreement Âkit the necessary administrative measures.
2. in the implementation of this agreement Âkit Parties competent authorities about measures taken to each other gives the information required as soon as possible and to the extent that it affects the implementation of this Convention, national law declares the changes. 3. the competent authorities of the parties Âkit to facilitate the implementation of this agreement when the liaison to organizations. 4. for each issue regarding the implementation of this agreement Âkit Parties competent authorities and institutions they help each other mutually about everything. This administrative assistance are made with no money.
5. Âkit a Âkit Party pursuant to this agreement to the other Party as for all kinds of information relating to persons, a statement referenced in the implementation of this agreement this agreement and the privacy value and only available in his applied regulations.
Article 30 Official DillerinKullanılması 1. Âkit Parties in the implementation of this Convention, the authorities and institutions, with each other, communicate directly with their own language.
2. the official language of the other party with A written petition or document on the grounds that the ret.
Article 31 gain from expenses and Tasdikten Immunity
1. ÂkitTaraflardan, in whole or in part of the legislation of one of the official fees, consular fees or any administrative spending, such exemption if an exemption from the implementation of this agreement, and any other ÂkitTarafın shall apply to documents held within the scope of the legislation.
2. any affidavit required pursuant to this agreement and the document, diplomatic officials or consular authority will not be held liable to validated by the.
Article 32 application for issuance of A claim or Appeal according to the legislation of one of the ÂkitTaraflardan Âkit during a certain period of time a Party institution to which claims references or objections, these other Âkit have been given in the same time a Party to the case, given the first-party institution.
Article 33 A Third Person's liability in accordance with the legislation of the other Âkit one Âkit Party party elects country occurring in or caused to damage to occur-see Help for waste is obliged to compensate the damage the institution liable to pay benefits to third parties are organized in the following manner against rights;
1. Aid in accordance with the legislation applied to the institution liable to pay, the third party beneficiary rights replaces him in the face and the other recognizes that Parties do not replace Âkit, 2. The institution liable to pay benefits against the third person has the right to recourse to direct, the other side recognizes that right.
Article 34 Wrongfully Paid Back Quantities 1. Disability benefits in the implementation of this agreement, the payment of old-age or death assistance or revising the competent authority during a party elects Âkit yararlanıcıya exceeding the amount of payment, an amount he deserves these institutions, yararlanıcıya other Âkit Party liable to pay a correspondingly help corporations will pay this extra amount of cutting of the amount actually paid by you to anyone. This is the last one in this way, the institution transfers to the other party the amount of the cut. If the undo operation of this type cannot be made, the provisions of the following paragraphs; a. either party from the institution, help) Âkit a ödemişse a sum more than your fair share to anyone, this institution, predicted conditions in legislation and apply within the boundaries, yararlanıcıya Âkit other responsible Party institution for help, the amount of overpayment that the amounts paid by anyone, you can request this from. This is the last one, it's like this makes the premises such as those made by itself, the extra payment in their own legislation within the prescribed conditions and limits, and thus cut the amount the creditor transfers dry out. b either party of the Association, Âkit yararlanıcıya legislation) based on the advance ödemişse, this institution, the same time that the other party's institution the amount owed to the institution's yararlanıcıya from the amount of the advance paid. This is the last one makes and thus cut corporate deduction amount will transferred to the creditor institution.
Article 35 Executive Style 1. Âkit a Tribunal granted by one of executive decisions and Âkit the people or institutions granted by one of social security premiums are collection of receivables held for Executive or other documents, other Âkit in the land of the relying party. 2. the decision and the documents, however, the recognition of countries recognize the Âkit Party demanded in the case of public order may be rejected with socialisation has been replacing.
3. in accordance with paragraph 1 of this article which decisions and other Executive documents are applied in the land of the Âkit Party. Executive style, country Executive Âkit Party booking process that manages the implementation of the decisions and documents according to the legislation. Bears executive decision or document topic attributes are added to the Executive that the attestation form certificate.
4. Âkit if either party claims that the institution has accumulated premium must be paid, the bankruptcy of the other party country and mandatory for all kinds of procedures for internal purges, the Âkit will be treated in the same order as in the other party country. Article 36 Payment Money to be used 1. Can this agreement be provided help concerning payments made to pay the authorized institution is made with the Âkit party's currency and the payment made this way, from the obligation to pay the authorized institution is fully recovers.
2. Pursuant to this agreement the competent authority granted by one other Âkit Âkit goes for the help provided by the relying party to refund monies is obliged to pay the debt with the second party's benefit. The first institution Âkit between the parties agree on other methods of payment or payments made with money from the aforementioned due debt legally survived. Article 37 Dispute Resolution 1. Âkit competent authorities of the parties and in the interpretation of this agreement, any disputes that arise in the implementation of all the possibilities in resolving.
2. If a dispute, in paragraph 1 of the present article cannot be resolved as stated, the dispute at the request of the competent authority of one of the parties Âkit below is taken to the Board of Referees created as specified;
a Âkit Party, dispute arbitration Committee) all by passes into the hands of about removing references that within 6 months of a referee. Two referees, who appoint the referee of last Âkit Parties party appointed as the other party in a two-month period following the date of notification is located within either party or any other non-Europeans of the Âkit a third referee will appoint; b) Âkit if either party within the specified time, referee does not appoint the President of the International Court of Justice on the other, or in the case of a citizen of one of the President's Vice President granted by Âkit or Âkit from the Deputy Director of the non-citizen of one and the parties then can request him to appoint a judge from the referee. A similar procedure two to a third arbitrator shall be appointed in the event that the referee and the one of the parties or at the request of the other are considered to be applied. 3. In accordance with decision Referees connects both Âkit Side is taken by a majority of the votes. And principles of the arbitral tribunal. Expenses is borne equally by both Âkit Parties.
Chapter v TRANSITIONAL and FINAL PROVISIONS Article 38 transitional provisions 1. An earlier entry into force of this agreement, does not bear any rights for the period.
2. before the entry into force of this agreement according to the legislation of a Âkit Party passes a period insured, according to the provisions of this agreement are considered in the determination of rights.
3. This article is without prejudice to the provision of paragraph 1, a right pursuant to this agreement, took place before the entry into force of the contract is a risk arises, even if related.
4. should be paid pursuant to this agreement alone, any help, in accordance with the provisions of this agreement related to the request by the rights previously in liquidation, not to pay a wholesale is reproduced, as effective from the date of entry into force of this agreement.
5. in paragraph 4 of this article, the third claim, from the date of entry into force of this agreement is done in two years, according to this agreement the rights to fall right in the legislation of the parties, Âkit, or the provisions concerning the timing, concerned about without, since then. The claims made in the two years after the date of demand.
Article 39 approval and entry into force of this agreement, as soon as the approval documents of the parties, as from the date on which the third mutual will '' bear the following month, the Convention shall enter into force from the day one.
Article 40 of the agreement Validity Period 1. This agreement will remain in force for a period of ten (10) years.
Âkit termination unless granted by one anonymous repair (10) in the case of spontaneous extended annual circuits.
2. Âkit a party, on the first day of the subsequent calendar year is about to begin at the end of the calendar year at least three (3) months prior written notice to terminate this agreement by giving the other Âkit Way.
Article 41 Under the protection of the Rights Acquired and Won 1. Upon the expiration or termination of this Agreement pursuant to a Âkit Party has acquired rights to the contract.
2. before the date the termination provision expressed within the framework of the long last gotten insurability and the break even point due to the termination of your rights to use the help that is in a stage ends with the corresponding decision for the purpose of Âkit the parties begin negotiations immediately. This is about conflict is resolved in accordance with the provisions of article 37. Protection of these rights through Contract or forward Contract or determined by the legislation applied by the institution concerned.
This agreement, the text in all three in Ankara 6.7.1999 as to be Turkish, Romanian and English arranged and signed.
Comments will be considered in reference to the English text in the differences.
On Behalf Of The Government Of Romania, On Behalf Of The Republic Of Turkey
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