IMPORTANT INFORMATION ON LICENSE TO ORGANIZE DRAWINGS AS REQUIRED BY LEGAL LEGISLATION

Dear Members,

Organizations such as raffles/lotteries for travel agency services on social media platforms require permission from the General Directorate of the National Lottery Administration; failure to do so results in penalties. The relevant legislation is as follows:

Article 41 of Decree Law No. 320 on the National Lottery states:

Permission must be obtained from the National Lottery Administration to organize any lottery or draw that offers a ticket, coupon, participation number, or any other form of participation right, whether paid or free, directly or through the sale of goods or services, and any other non-cash item or similar item.

For the purposes of implementing this article, cash and cash equivalents, arrangements not covered by the permit, and deliveries to participants under the guise of prizes, awards, and promotions, will be regulated by regulations to be prepared by the National Lottery Administration and enforced by the Ministry.

The activities of those who violate the provisions of this article, as well as their related announcements and advertisements, will be halted by the highest local civil authority upon request of the National Lottery Administration, and the tickets, coupons, participation numbers, and similar items related to these activities will be confiscated. If violations are committed by radio and television broadcasters, the deliveries will be terminated upon the application of the National Lottery Administration and the programs containing such broadcasts will be reviewed by the Radio and Television Supreme Council. It has been stipulated that it will be suspended.

The Regulation on Non-Cash Lotteries and Sweepstakes, published in the Official Gazette dated October 4, 2006, and numbered 26309, issued by the General Directorate of the National Lottery Administration, pursuant to the aforementioned article of Decree Law No. 320, entered into force as follows:

Article 7 states:

(1) Individuals and organizations that decide to organize a lottery are required to apply to the General Directorate of the National Lottery Administration and obtain permission.
(2) Applications are reviewed by the General Directorate of the National Lottery Administration, and:

a) Permission to organize a lottery is granted to those who meet the requirements.

b) For those determined to be outside the scope of this Regulation or for regulations deemed impractical, applicants are notified of this in writing.

Article 25 states:

"(1) Upon the request of the General Directorate of the National Lottery Administration, the highest local civil authorities shall immediately halt the activities of those who organize lotteries and raffles covered by this Regulation without obtaining permission from the General Directorate of the National Lottery Administration, and those who sell or give away free tickets, coupons, participation numbers, and similar items under any name for this purpose, as well as the announcements and advertisements related to these activities, and shall have the tickets, coupons, and similar items related to these activities confiscated. The General Directorate of the National Lottery Administration shall file a criminal complaint against the relevant parties with the Public Prosecutor's Office.

(2) Violations listed in the first paragraph shall be reported by the Administration to:

a) If committed by or through radio and television broadcasting organizations, the Radio and Television Supreme Council;

b) If committed via virtual media, the Information Technologies and Communication Authority;

c) The General Directorate of Consumer Protection and Market Surveillance of the Ministry of Trade, for necessary action."

Provisions are included.

On the other hand, Article 52 of Decree Law No. 320, as amended by Law No. 7420, specifies penalties applicable to those who operate or facilitate the operation of any lottery, game of chance, pari-mutuel betting, or similar games without the authorization or permission granted by legislation and the institutions and organizations authorized by legislation; those who facilitate the operation of any lottery, game of chance, pari-mutuel betting, or similar games abroad by providing access to them via the internet or other means, enabling them to be played from Türkiye; those who act as intermediaries in the transfer of funds in connection with these lotteries and games; and those who advertise or otherwise encourage individuals to play any lottery, game of chance, pari-mutuel betting, or similar games.

According to the legislation detailed above, organizing a lottery or raffle without obtaining permission from the General Directorate of the National Lottery Administration is a crime punishable by imprisonment. Similarly, participating in illegal lotteries and raffle is a misdemeanor punishable by an administrative fine. In accordance with Article 52, "Penal Provisions," of Decree Law No. 320, concerning illegal practices conducted in physical or virtual environments without the permission of the National Lottery Administration, the National Lottery Administration General Directorate files criminal complaints with the authorized Chief Public Prosecutor's Office. Depending on the circumstances, the highest local civil administrator is notified regarding the businesses where the offenses were committed, with the potential sanctions of business closure and license revocation.

Consequently, to ensure that you, our valued members, do not face any sanctions stipulated by the aforementioned legislation, we would like to inform you that you are required to apply to the National Lottery Administration General Directorate and obtain permission for lottery/drawing activities.

Sincerely submitted for your information.

Association of Turkish Travel Agencies
TÜRSAB