Spain | Türkiye Friendship

[JamieA]

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Security Classification: Private and Secure
To: Murat Aydın | Foreign Minister < Jay >
Cc:
From: Zelmira Samaniego
Subject: Standing Firm
Type: DIPLOMATIC CABLE

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Dear Minister Murat Aydın,

The Spanish Embassy in Ankara has been informed of the ongoing clashes between unlawful rioters and Turkish police forces. The Spanish Prime Minister has given me enough authorisation to assist local law enforcement in any way possible, and the Prime Minister expresses his full support for the Republic of Türkiye.

Warmest Regards,
Ms. Zelmira Samaniego
Ambassador, Kingdom of Spain

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© Spain​

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[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Embassy of the Kingdom of Spain < JamieA > [Sender]: Minister of Foreign Affairs, Türkiye < SBÇakıMOFA@tr.gov > [Subject]: Confidential // Standing Firm

Dear Ambassador Samaniego, It is a pleasure to make your acquaintance. I wish to express our appreciation for your message of support and reaffirm the Republic of Türkiye’s commitment to the longstanding and valued partnership with the Kingdom of Spain. In the interest of transparency and continuity, please find enclosed a brief overview of prior bilateral engagements and intelligence conversations. We hope this may serve as a foundation for renewed cooperation, particularly in the realm of intelligence sharing related to separatist insurgencies affecting both our nations, namely in Catalonia and southeastern Türkiye. Prime Minister Çiller considers Spain a critical partner in advancing regional stability and has expressed her desire to build upon the work of our previous administrations. To this end, she strongly supports the formation of a broader Mediterranean partnership and views Spain as critical to both our nations and the wider region. Accordingly, Prime Minister Çiller proposes the initiation of a Strategic Dialogue Partnership between Türkiye and Spain. This would encompass cooperation in the following areas: Defense Cooperation: Facilitating Spanish access to Turkish defense products; Intelligence Collaboration: Re-establishing formalized mechanisms for intelligence exchange; and Economic Partnership: Laying the groundwork for a bilateral trade agreement. Should these agenda items meet with your government’s interest, the Prime Minister would be pleased to dispatch a delegation to Madrid comprising a senior trade representative and the Deputy Director of the National Intelligence Organization for a working visit at the earliest mutually convenient date. We look forward to your response and remain confident in the continued deepening of Turkish-Spanish relations. Regards, Sümeyye Çakı Minister of Foreign Affairs Türkiye

 

[JamieA]

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Security Classification: Private and Secure
To: Sümeyye Çakı | Foreign Minister < Jay >
Cc:
From: Zelmira Samaniego
Subject: Standing Firm
Type: DIPLOMATIC CABLE

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Dear Minister Sümeyye Çakı,

Thank you for your openness regarding the communications between your government and the previous administration. Such transparency truly helps strengthen the friendship between our two nations.

Following my discussions with the Office of the Prime Minister, I am pleased to convey that Prime Minister Çiller would be warmly welcomed for an official visit. However, the Spanish Prime Minister is currently otherwise engaged.

In the meantime, the First Deputy Prime Minister, Ms. Ivon Meza, accompanied by representatives from the Ministry of Defence and the Ministry of Foreign Affairs, will form a delegation to meet with Prime Minister Çiller. The Spanish Prime Minister will join the meetings midway through the visit.

If this arrangement is agreeable to you and your delegation, kindly confirm at your earliest convenience so that I may coordinate the necessary security preparations for Prime Minister Çiller’s arrival in the Kingdom of Spain.

Warmest Regards,
Ms. Zelmira Samaniego
Ambassador, Kingdom of Spain

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© Spain​

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[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Embassy of the Kingdom of Spain < JamieA > [Sender]: Minister of Foreign Affairs, Türkiye < SBÇakıMOFA@tr.gov > [Subject]: Confidential // Standing Firm

Dear Ambassador Samaniego, Thank you for your message and for the spirit of goodwill with which it was written. I deeply appreciate the clarity and courtesy with which you have conveyed your government’s position, and I welcome the continuation of such frank and constructive dialogue between our two nations. Regrettably, I must convey that Prime Minister Çiller, while honored by the invitation, is presently unable to travel abroad due to the urgent demands of addressing the ongoing economic crisis within the Republic of Türkiye. The challenges at home require her undivided attention, particularly as critical stabilization and recovery measures are being formulated. Nonetheless, the Government of Türkiye remains fully committed to deepening our strategic relationship with the Kingdom of Spain. In lieu of the Prime Minister’s attendance, I am pleased to inform you that a high-level delegation will represent Türkiye during the upcoming visit. The delegation shall be led by the Minister for Trade and Industry, Ms. Evrim Rizvanoğlu, and accompanied by the Deputy Head of the National Intelligence Organization. I am confident that their presence will reflect the seriousness and depth with which we view this bilateral engagement. The Turkish delegation’s agenda will center on advancing a shared vision for Turkic–Spanish relations, with a particular emphasis on: Negotiating the framework for a Türkiye–Spain Free Trade Agreement, Establishing the foundational architecture for a Mediterranean Customs Union, and Enhancing bilateral intelligence cooperation, especially in areas of regional security and transnational threats. Should this arrangement be agreeable to your government, I would be grateful if the necessary preparations could proceed accordingly. We look forward to working closely with your team to ensure a successful and substantive visit. Please accept, Madam Ambassador, the assurances of my highest consideration and enduring respect. Regards, Sümeyye Çakı Minister of Foreign Affairs Türkiye

 

[JamieA]

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Security Classification: Private and Secure
To: Sümeyye Çakı | Foreign Minister < Jay >
Cc: Directorate-General of the Civil Guard
From: Zelmira Samaniego
Subject: Standing Firm
Type: DIPLOMATIC CABLE

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Dear Minister Sümeyye Çakı,

We are pleased to welcome the Minister of Trade and Industry, Ms. Evrim Rizvanoğlu, along with the rest of the Turkish Delegation, in place of the Turkish Prime Minister. I have already coordinated with the relevant departments to ensure that all necessary protocols are in place for their arrival. Kindly reply to this message with the confirmed arrival date, and the Directorate-General of the Civil Guard will make the appropriate arrangements. I look forward to further strengthening the friendship between our two countries.

Warmest Regards,
Ms. Zelmira Samaniego
Ambassador, Kingdom of Spain

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© Spain​

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[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Embassy of the Kingdom of Spain < JamieA > [Sender]: Minister of Foreign Affairs, Türkiye < SBÇakıMOFA@tr.gov > [Subject]: Confidential // Standing Firm

Dear Ambassador Samaniego, I thank you for your warm message and for the care taken by your government in preparing to receive our delegation. We greatly appreciate the courtesy extended to Minister Evrim Rizvanoğlu and the accompanying officials. I am pleased to confirm that the Turkish delegation will arrive in Madrid on March 10 aboard a government aircraft via Adolfo Suárez Madrid–Barajas Airport. Our Embassy will provide the full passenger manifest and relevant security details to your office and to the Directorate-General of the Civil Guard in advance, in order to facilitate smooth coordination upon arrival. We are confident that these meetings will serve to deepen the longstanding friendship between Türkiye and the Kingdom of Spain, and to lay the groundwork for enhanced cooperation across the many areas of mutual interest. Please find the attached manifest for your viewing. AUTHENTIC ATTACHMENT OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​ Republic of Türkiye – Official Delegation Passenger Manifest Flight Type: Government Aircraft – Diplomatic Mission Purpose: Bilateral Trade & Cooperation Talks with the Kingdom of Spain Date of Arrival: 10 March 2007 Arrival Airport: Adolfo Suárez Madrid–Barajas Airport (MAD) Point of Origin: Esenboğa International Airport, Ankara (ESB) Flight Number: TK-GOV 002 Delegation List Ms. Evrim RİZVANOĞLU Minister for Trade and Industry – Head of Delegation Passport No.: TR00048217 Delegation Status: Level 1 (Ministerial) Mr. Cemal KÖSEOĞLU Deputy Head, National Intelligence Organization (MİT) Passport No.: TR00029541 Delegation Status Level 1 (Ministerial) Mr. Haluk DEMİR Director General, International Trade Policy Directorate – Ministry of Trade and Industry Passport No.: TR00106733 Delegation Status: Level 2 (Senior Official) Ms. Selin AKYÜZ Senior Advisor to the Minister for Trade and Industry Passport No.: TR00147922 Delegation Status: Level 3 (Advisory) Mr. Baran YILDIZ Head of Economic Affairs Desk, Ministry of Foreign Affairs Passport No.: TR00184259 Delegation Status: Level 3 (Diplomatic) Mr. Fuat ERKAN Counsellor, Turkish Embassy – Madrid (joining delegation in Spain) Passport No.: TR00201144 Delegation Status: Level 3 (Diplomatic) Security Detail – Turkish Armed Police Protection Unit (TAPPU) 7. Captain Mehmet ALPASLAN – Chief of Security Detail 8. Sergeant Yusuf ARDA – Personal Protection Officer 9. Corporal Caner TEKİN – Personal Protection Officer 10. Corporal Okan DURSUN – Security Liaison Officer Support Staff 11. Ms. Leyla KAPLAN – Protocol Officer, Ministry of Foreign Affairs 12. Mr. Onur ÇELİK – Interpreter (Turkish–Spanish) 13. Mr. Erdem SARI – Communications Officer (Secure Comms) Total Persons on Board (POB): 13 Cargo: Diplomatic documents, secure communications equipment. Special Requests: Diplomatic customs clearance, armed escort upon arrival, coordination with the Turkish Embassy in Madrid for ground transport. Regards, Sümeyye Çakı Minister of Foreign Affairs Türkiye

 

[JamieA]

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With the arrival of the Turkish aircraft scheduled for the 10th at Adolfo Suárez Madrid–Barajas Airport, the Foreign Ministry working in partnership with the Directorate-General of the Guardia Civil, arranged for a prepared convoy. Upon landing, the aircraft would be directed to a VIP ramp to ensure the highest level of security.

At the foot of the aircraft steps, First Deputy Prime Minister Ms. Ivon Meza awaited the Turkish delegation, flanked by a line of Guardia Civil officers standing at attention. As the delegation descended, the officers saluted as a mark of respect.

“Welcome to Spain, Minister Rizvanoğlu” Ms. Meza said, extending her hand for a firm handshake before leading the way to the waiting vehicles. “I thought we might hold the meeting at my office in the Finance Ministry. Refreshments have already been prepared for you and your delegation. Prime Minister Juan Carlos Mascareñas will be joining us later.”

The convoy departed promptly, escorted by Guardia Civil vehicles. Upon arrival at the Ministry, Ms. Meza guided the delegation to the prepared meeting room, where aides and representatives from the Spanish Government were already seated on either side of the table. She took her place at the head, ready to begin discussions.

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Jay

 

[Jay]

Evrim stepped down from the aircraft and greeted Ivon, shaking her hand. "Thank you for the warm welcome. Her Excellency the Prime Minister apologizes that she could not be here herself." Evrim said as she walked with Ivon towards the vehicles waiting. "i look forward to these talks." Evrim nodded as Ivon explained what would happen next as she got into the car with her.

Once inside the Ministry, Evrim crossed her legs as she sat down. She looked across from Ivon as she and her side of the delegation sat down, allowing Ivon as the host to make the opening remarks and to get the conversation going.

JamieA

 

[JamieA]

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"There’s no need to apologise, you’ve just undergone a change in leadership, and it’s only natural that the Prime Minister remains at home. Let me take this opportunity to once again thank you for making the trip to Spain.

I believe it would be best to begin with one of the most important topics: intelligence sharing. I understand there was some form of arrangement with the previous administration, but I think formalising such an agreement would be far more beneficial for both our nations.

Given that we each hold key positions in the Mediterranean, close cooperation between our countries is of the utmost importance. Incidents like the unrest in France and the bombings in the UK must not, and will not be acceptable to happen again in Mediterranean nations as they hold such key tourism areas."

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Jay

 

[Jay]

Evrim offered a polite smile as she folded her hands together. “We appreciate your understanding,” she began, “Prime Minister Çiller has asked me to convey her vision for building a Mediterranean forum, one that would bring together our nations to ensure stability, prosperity, and shared security across this vital region. Türkiye truly hopes Spain will choose to be a part of this process.”

She let the words settle before shifting seamlessly to the matter at hand. “Intelligence sharing is indeed of great importance. You may recall that under Prime Minister Sánchez’s government, Türkiye assisted in combating the Catalonian rebels through intelligence coordination. It is through such cooperation that real security can be built.”

Leaning forward slightly, Evrim signaled to an aide, who stepped forward and placed a sealed folder before the Spanish delegation. “In the spirit of transparency and partnership, we have taken the liberty of sharing this document with you. It contains a list of PKK operatives who have been tracked within Spanish territory.

Name	Passport No.	Nationality (Dual)	Entry Point (Spain)	Arrival Date	Known Alias	Priority
Dilan Serhat Koçer	DE9123407	Germany / Türkiye	Barcelona-El Prat	23 Mar 2001	“Heval Ronahî”	HIGH
Welat Baran Demir	TR0051832	Türkiye	Madrid-Barajas	11 Jun 1998	“Welat Amed”	MEDIUM
Nûda Şoreş Kalkan	TR8844302	Türkiye	Valencia Airport	4 Sep 2003	“Nûda Botan”	HIGH
Cemal Firat Cilo	TR2048719	Türkiye	Bilbao Airport	17 Nov 1996	“Cilo Zagros”	HIGH
Delîl Ararat Şivan	FR3309121	France / Türkiye	Málaga-Costa del Sol	28 Jan 1995	“Şivan Cîwan”	MEDIUM
Hêvi Baran Kaya	BE1198276	Belgium / Türkiye	Girona–Costa Brava	08 May 2005	“Hêvi Kendal”	LOW
Şerzan Botan Özdemir	TR1160934	Türkiye	Seville Airport	02 Dec 1997	“Mazlum Arîn”	HIGH
Rozerîn Dilsoz Ekrem	NO8834405	Norway / Türkiye	Madrid-Barajas	13 Jul 2000	“Berîtan Zîn”	MEDIUM
Bawer Goran Keskin	TR9988272	Türkiye (Single)	Zaragoza Airport	09 Apr 2002	“Agit Zana”	HIGH
Rojda Nalin Karakoç	NL3300023	Netherlands / Türkiye	Barcelona-El Prat	21 Feb 1999	“Nalin Roja”	HIGH

We understand that six of these individuals have already been arrested by your security services. Türkiye would like to know who has been captured and respectfully requests their repatriation, so that they may face justice for their crimes against our people.”

“The threat posed by the PKK is escalating. The recent bombings in Poland, carried out by an offshoot of this group, stand as a stark reminder that none of our nations can afford complacency. This is not only Türkiye’s struggle, but a wider European one, and it is why our cooperation is paramount."

She then sat back, her eyes steady on Ivon, awaiting the response.

JamieA

 

[JamieA]

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Ivon glanced toward an aide for the necessary documents. As she did so, several brown folders were placed before the Deputy Prime Minister. Opening the first folder, she withdrew a few white papers and began to speak:

"We currently have the following individuals remanded in custody pending further trial: Dilan Serhat Koçer, Welat Baran Demir, Nûda Şoreş Kalkan, Cemal Firat Cilo, Şerzan Botan Özdemir, and finally Bawer Goran Keskin.

For us even to consider transferring these individuals to Türkiye to face proceedings there, it is essential that we demonstrate due diligence. This would require the establishment of an extradition agreement, accompanied by formal arrest warrants submitted to our Ministry of Justice for each individual.

I trust this does not discourage you, but we must avoid exposing ourselves to unnecessary legal disputes. That said, we remain fully willing to cooperate with Türkiye in the pursuit of justice for the victims concerned." as Ivon finished speaking, she passed over a pre-written extradition agreement.

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EXTRADITION AGREEMENT
KINGDOM OF SPAIN
&
Türkiye​

Article 1 – Obligation to Extradite
Each Party agrees to extradite to the other, in accordance with the provisions of this Agreement, any person who is found within its territory and who is charged with, convicted of, or sentenced for an extraditable offense by the requesting Party.

Article 2 – Extraditable Offenses

• Extradition shall be granted for offenses punishable under the laws of both Parties by a maximum deprivation of liberty of at least one (1) year or more.
• Extradition may also be granted for attempts, participation, or conspiracy relating to such offenses.
• Where a sentence has been imposed, extradition shall be granted only if a period of at least [four months] of imprisonment remains to be served.

Article 3 – Political and Military Offenses

• Extradition shall not be granted if the offense is regarded by the requested Party as a political offense.
• Extradition shall not be granted for military offenses that are not offenses under ordinary criminal law.

Article 4 – Exceptions to Extradition
Extradition shall not be granted if:
a) The requested Party has substantial grounds to believe the request is made for the purpose of prosecuting or punishing the person on account of race, religion, nationality, ethnicity, political opinion, gender, or status.
b) The person has been finally acquitted or convicted in the requested Party for the same offense (non bis in idem).
c) The person would be subjected to torture, cruel, inhuman, or degrading treatment or punishment in the requesting Party.

Article 5 – Nationality
Each Party may refuse to extradite its own nationals. In such cases, the requested Party shall, if asked, submit the case to its own competent authorities for possible prosecution.

Article 6 – Extradition Procedures
The request for extradition shall be made in writing and submitted through diplomatic channels or other agreed means.

The request shall include:

• A description of the person sought;
• A statement of the relevant facts of the offense;
• The text of the applicable laws;
• A copy of the arrest warrant, judgment, or sentence.

Supporting documents shall be translated into the official language of the requested Party.

Article 7 – Provisional Arrest
In urgent cases, either Party may request the provisional arrest of a person sought, pending the submission of the extradition request.

Article 8 – Rule of Specialty
A person extradited under this Agreement shall not be detained, tried, or punished in the requesting Party for any offense other than that for which extradition was granted, except with the consent of the requested Party.

Article 9 – Transit
Each Party shall, subject to its laws, grant transit through its territory of any person extradited to the other Party by a third State.

Article 10 – Costs
The requested Party shall bear the expenses of extradition proceedings in its jurisdiction. The requesting Party shall bear the costs of transporting the person extradited.

Article 11 – Entry into Force and Termination
This Agreement shall enter into force on the date of the last notification that the Parties have completed their respective legal requirements.

Either Party may terminate this Agreement by giving written notice through diplomatic channels. Termination shall take effect six (6) months after receipt of such notice.

For Kingdom of Spain
Alphonse Pagan Flórez

For Türkiye:
Name

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© Spain​

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Jay

 

[Jay]

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Evrim took the document and had the lawyers in their delegation take a look as she listened to Ivon. "We are glad to hear the arrest of seven of the ten, and we hope that Spain will act quickly to capture the remaining three terrorists." Evrim said as she saw the lawyers make redlines on the document. She turned back to Evrim. "As your intelligence agency is probably aware, our intelligence confirmed communications between the TAK, an offshoot of the PKK, having high-level communications with the Catalan insurgency, including sharing of bomb-making capabilities and insurgency tactics."

Evrim offered a polite smile as she paused, listening to the lawyers whisper in her ear before she whispered something back. She turned back to Ivon, “We appreciate your willingness to take the first draft of this extradition agreement,” she began, “I think on principle, we agree with the overall document. We've made a slight modification to the language of the agreeement which we hope can make it more clearer. If this type of language is acceptable to your side, we can send it back to Ankara for final review."

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EXTRADITION AGREEMENT
KINGDOM OF SPAIN
&
REPUBLIC OF TÜRKİYE​

Article 1 – Obligation to Extradite
Each Party agrees to extradite to the other, in accordance with the provisions of this Agreement, any person who is found within its territory and who is charged with, convicted of, or sentenced for an extraditable offense by the requesting Party.

Article 2 – Extraditable Offenses

• Extradition shall be granted for offenses punishable under the laws of both Parties.
• Extradition may also be granted for attempts, participation, or conspiracy relating to such offenses.
• Where a sentence has been imposed, extradition shall be granted where determined by the parties.

Article 3 – Political and Military Offenses

• Extradition shall not be granted if the offense is regarded by the requested Party as a political offense.
• Extradition shall not be granted for military offenses that are not offenses under ordinary criminal law.

Article 4 – Exceptions to Extradition
Extradition shall not be granted if:
a) The requested Party has substantial grounds to believe the request is made for the purpose of prosecuting or punishing the person on account of race, religion, nationality, ethnicity, political opinion, gender, or status.
b) The person has been finally acquitted or convicted in the requested Party for the same offense (non bis in idem).
c) The person would be subjected to torture, cruel or inhumane treatment or punishment in the requesting Party.

Article 5 – Nationality
Each Party may refuse to extradite its own nationals. In such cases, the requested Party shall, if asked, submit the case to its own competent authorities for possible prosecution.

Article 6 – Extradition Procedures
The request for extradition shall be made in writing and submitted through diplomatic channels or other agreed means.

The request shall include:

• A description of the person sought;
• A statement of the relevant facts of the offense;
• The text of the applicable laws;
• A copy of the arrest warrant, judgment, or sentence.

Supporting documents shall be translated into the official language of the requested Party.

Article 7 – Provisional Arrest
In urgent cases, either Party may request the provisional arrest of a person sought, pending the submission of the extradition request.

Article 8 – Rule of Specialty
A person extradited under this Agreement shall not be detained, tried, or punished in the requesting Party for any offense other than that for which extradition was granted, except with the consent of the requested Party.

Article 9 – Transit
Each Party shall, subject to its laws, grant transit through its territory of any person extradited to the other Party by a third State.

Article 10 – Costs
The requested Party shall bear the expenses of extradition proceedings in its jurisdiction. The requesting Party shall bear the costs of transporting the person extradited.

Article 11 – Entry into Force and Termination
This Agreement shall enter into force on the date of the last notification that the Parties have completed their respective legal requirements.

Either Party may terminate this Agreement by giving written notice through diplomatic channels. Termination shall take effect six (6) months after receipt of such notice.

For the Kingdom of Spain
Alphonse Pagan Flórez

For the Republic of Türkiye:
Engin Altay

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© Spain​

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JamieA

 

[JamieA]

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Ivon nodded as the Turkish representative finished speaking “I believe the Intelligence Agency, working alongside the Guardia Civil, is actively tracking down the remaining fugitives. We greatly value the support the Turkish Intelligence Agency has provided us”

She paused briefly before continuing “We can accept the amended document on intelligence matters, as our agencies have already cooperated effectively in the past. I believe it would be highly beneficial to formalize this cooperation with an official intelligence agreement. Such a step would reinforce the progress we have made together and strengthen our shared commitment to a safer, more secure Europe”

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Jay

 

[Jay]

Evrim nodded thoughtfully. “I’m very pleased to hear that our agencies’ collaboration has been effective. Türkiye has always valued working closely with Spain on matters of security, and I can assure you that our intelligence services remain committed to supporting your efforts wherever needed.”

She leaned slightly forward. “I agree, formalizing this cooperation with an official agreement makes a great deal of sense. It would not only solidify the progress we’ve made so far but also send a clear signal of our shared commitment to ensuring a safer Europe. I look forward to working together to make that happen.”

"If that is all on this front," Evrim said, looking to see if Ivon nodded, "We'd be happy to move into the trade portion of these talks."

JamieA

 

[JamieA]

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An aide would slide over a pre-made intelligence sharing agreement, Ivon nodded as Evrim spoke "Absolutely, lets move onto the trade discussion! I believe at the moment, a Fair Trade Agreement between our two countries, we currently have a 36% tariff on Türkiye, we'd be looking at dropping this down to 10% to better of Europe and then hopefully in the future, look at moving this to a free trade agreement" Ivon paused waiting on the Evrim reply

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Intelligence Sharing Agreement​

Preamble​

The Government of the Kingdom of Spain and the Government of the Republic of Türkiye (hereinafter referred to as "the Parties");

• Recognizing the importance of cooperation in countering terrorism, organized crime, cyber threats, proliferation of weapons of mass destruction, and other security challenges;
• Committed to strengthening bilateral relations and enhancing mutual security;
• Guided by the principles of sovereignty, mutual respect, equality, and international law;

Have agreed as follows:

Article 1 – Purpose​

The purpose of this Agreement is to establish a framework for cooperation and the exchange of intelligence between the Parties in order to enhance national security, protect citizens, and address common threats.

Article 2 – Scope of Cooperation​

1. The Parties shall share, subject to their respective national laws and policies:
   • Information and intelligence relating to terrorism and violent extremism.
   • Data concerning transnational organized crime, including narcotics trafficking, arms smuggling, human trafficking, and money laundering.
   • Intelligence on cyber threats, espionage, and emerging technologies relevant to national security.
   • Assessments of regional and global security developments of mutual interest.
2. Cooperation may also include:
   • Exchange of liaison officers, experts, and technical personnel.
   • Joint training, seminars, and capacity-building initiatives.
   • Establishment of secure communication channels for intelligence exchange.

Article 3 – Security and Confidentiality

1. All information exchanged shall be classified and protected according to the classification assigned by the originating Party.
2. The receiving Party shall not disclose or transfer such information to any third party without the prior written consent of the originating Party.
3. Both Parties shall adopt necessary measures to ensure the physical and digital protection of exchanged intelligence.

Article 4 – Use of Information​

1. Information exchanged shall be used exclusively for the purposes set out in this Agreement.
2. Neither Party shall use such information to the detriment of the other Party’s national interests.

Article 5 – Implementation and Points of Contact​

1. Each Party shall designate a competent authority responsible for implementing this Agreement.
   • For Spain: [Name of competent authority, e.g., National Intelligence Centre (CNI)].
   • For Türkiye: [Name of competent authority, e.g., National Intelligence Organization (MİT)].
2. The designated authorities shall establish technical protocols to facilitate practical cooperation.

Article 6 – Dispute Resolution
Any dispute concerning the interpretation or implementation of this Agreement shall be resolved amicably through consultations and negotiations between the Parties.

Article 7 – Entry into Force, Duration, and Termination​

1. This Agreement shall enter into force on the date of the last notification by which the Parties inform each other through diplomatic channels of the completion of their respective internal procedures.
2. It shall remain in force for a period of five (5) years, automatically renewable unless one Party notifies the other in writing of its intention to terminate, at least six (6) months prior to expiry.
3. Termination shall not affect obligations regarding the protection and confidentiality of intelligence shared prior to termination.

Article 8 – Amendments​

This Agreement may be amended by mutual written consent of the Parties.

Conclusion​

Done in duplicate in Madrid and Ankara, in the Spanish, Turkish, and English languages, all texts being equally authentic. In case of divergence, the English text shall prevail.

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For the Government of the Kingdom of Spain
[Name, Title, Signature, Date]


For the Government of the Republic of Türkiye
[Name, Title, Signature, Date]

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© Spain​

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Jay

 

[Jay]

"Evrim read over the document before handing it to Deputy Director Köseoğlu, who took a few moments to read it as Evrim listened to Ivon speak about the trade proposals.

Evrim addressed the trade aspect first. "We aren't opposed to a flat tariff of 10% but if possible, we'd like to negotiate a reciprocal tariff rate that allows us to exchange goods of interest to each other at a more appropriate rate."

Evrim pulled out a list before reading out from it. "We'd like to gain preferential treatment for our electrical machinery and equipment, textiles and apparel industry, and our automotive parts and accessories to gain between a 0% and a 5% tariff. In exchange, we'd be happy to apply between a 0% and 5% tariff for Spansh trucks, tractors, plastics, and chemical exports. We can maintain a 10% tariff on all other goods until we transition to a free trade agreement in the future.

Cemal, seeing Evrim had stopped speaking decided now was the time to interject. "I think this agreement looks appropriate and I am happy to sign it on behalf of my agency pending a final confirmation from our headquarters in Ankara."

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Intelligence Sharing Agreement​

Preamble​

The Government of the Kingdom of Spain and the Government of the Republic of Türkiye (hereinafter referred to as "the Parties");

• Recognizing the importance of cooperation in countering terrorism, organized crime, cyber threats, proliferation of weapons of mass destruction, and other security challenges;
• Committed to strengthening bilateral relations and enhancing mutual security;
• Guided by the principles of sovereignty, mutual respect, equality, and international law;

Have agreed as follows:

Article 1 – Purpose​

The purpose of this Agreement is to establish a framework for cooperation and the exchange of intelligence between the Parties in order to enhance national security, protect citizens, and address common threats.

Article 2 – Scope of Cooperation​

1. The Parties shall share, subject to their respective national laws and policies:
   • Information and intelligence relating to terrorism and violent extremism.
   • Data concerning transnational organized crime, including narcotics trafficking, arms smuggling, human trafficking, and money laundering.
   • Intelligence on cyber threats, espionage, and emerging technologies relevant to national security.
   • Assessments of regional and global security developments of mutual interest.
2. Cooperation may also include:
   • Exchange of liaison officers, experts, and technical personnel.
   • Joint training, seminars, and capacity-building initiatives.
   • Establishment of secure communication channels for intelligence exchange.

Article 3 – Security and Confidentiality

1. All information exchanged shall be classified and protected according to the classification assigned by the originating Party.
2. The receiving Party shall not disclose or transfer such information to any third party without the prior written consent of the originating Party.
3. Both Parties shall adopt necessary measures to ensure the physical and digital protection of exchanged intelligence.

Article 4 – Use of Information​

1. Information exchanged shall be used exclusively for the purposes set out in this Agreement.
2. Neither Party shall use such information to the detriment of the other Party’s national interests.

Article 5 – Implementation and Points of Contact​

1. Each Party shall designate a competent authority responsible for implementing this Agreement.
   • For Spain: National Intelligence Centre (CNI)
   • For Türkiye: National Intelligence Organization (MİT)
2. The designated authorities shall establish technical protocols to facilitate practical cooperation.

Article 6 – Dispute Resolution
Any dispute concerning the interpretation or implementation of this Agreement shall be resolved amicably through consultations and negotiations between the Parties.

Article 7 – Entry into Force, Duration, and Termination​

1. This Agreement shall enter into force on the date of the last notification by which the Parties inform each other through diplomatic channels of the completion of their respective internal procedures.
2. It shall remain in force for a period of five (5) years, automatically renewable unless one Party notifies the other in writing of its intention to terminate, at least six (6) months prior to expiry.
3. Termination shall not affect obligations regarding the protection and confidentiality of intelligence shared prior to termination.

Article 8 – Amendments​

This Agreement may be amended by mutual written consent of the Parties.

Conclusion​

Done in duplicate in Madrid and Ankara, in the Spanish, Turkish, and English languages, all texts being equally authentic. In case of divergence, the English text shall prevail.

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For the Government of the Kingdom of Spain
[Name, Title, Signature, Date]

For the Government of the Republic of Türkiye
Mr. Cemal Köseoğlu
Deputy Head, National Intelligence Organization
April 2007
Signed in Madrid

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JamieA

 

[JamieA]

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"We’re open to the idea of a reciprocal tariff structure, and your suggestion of a 0 to 5 percent range for priority sectors sounds like a reasonable basis for discussion. I have taken note of the interest in electrical machinery, textiles, and auto parts. And in exchange, your willingness to offer preferential rates on Spanish trucks, tractors, plastics, and chemicals is definitely encouraging, do you have a document already prepared for this?"

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Jay

 

[Jay]

The Turks handed the following document to the Spanish delegation. Evrim then began to speak after giving the Spanish some time to think about the proposal. "We have a draft proposal for the trade agreement and hope you find it appropriate. I'd draw your attention to articles 2.2 and 1.1, which cover what we have discussed so far. We are open to hearing your feedback on the proposed draft."

Draft Turkish - Spanish Trade Agreement

TRADE AGREEMENT
Republic of Türkiye
Kingdom of Spain​

RECOGNIZING the need for trade relations as a means of developing longstanding and strong partnerships based on common principles and values of an open market and fair trade;

DESIRING to further develop a close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING their commitment to the Charter of the Global Assembly and the principles of cooperation and development;

REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social, and environmental dimensions, including economic development, poverty reduction, full and productive employment, and decent work for all, as well as the protection and preservation of the environment and natural resources;

RECOGNIZING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;

RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organizations;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities, and improve the general welfare through expanding mutual trade and investment;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

DESIRING to strengthen the development and enforcement of labor and environmental laws and policies, promote basic workers’ rights and sustainable development and implement this Agreement in a manner consistent with these objectives; and

HAVE AGREED AS FOLLOWS:

CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1

Objectives

1. The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement.

2. The objectives of this Agreement are:

• (a) to reduce barriers and facilitate trade in goods and services between the Parties, in conformity with general practices of fair trade;
• (b) to promote trade in services and investment between the Parties;
• (c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;
• (d) to adequately and effectively protect intellectual property rights;
• (e) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;
• (f) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and
• (g) to promote foreign direct investment without lowering or reducing environmental, labor, or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.

3. With respect to goods, services, establishments, and associated matters not expressly provided for under this Agreement, the Parties agree that such goods and services shall be subject to a tariff rate of ten percent (10%)

Article 1.2
General definitions

Throughout this Agreement, references to:

The Parties mean, on the one hand, the Republic of Türkiye (hereinafter referred to as Türkiye), and on the other hand, the Kingdom of Spain (hereinafter referred to as Spain);

The Agreement means the Trade Agreement for Trade and Cooperation between Türkiye and Spain

CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

SECTION A

Common provisions

Article 2.1

Objective

The Parties shall progressively and reciprocally lower barriers in trade over specified goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement

Article 2.2

Scope and Coverage

Article 2.2 Scope and Coverage

This Chapter applies to trade in goods and trade in services between the Parties as set out below.

1. Trade in Goods

This Chapter shall apply to all goods that satisfy the origin requirements

(a) wholly obtained or produced in the territory of one Party;

(b) produced in the territory of one Party exclusively from originating materials; or

(c) produced in the territory of one Party using non-originating materials, provided they undergo substantial transformation as defined in Article 3.1.

2. Trade in Services

This Chapter shall apply to any measure adopted or maintained by a Party affecting trade in services, including measures affecting:


(a) cross-border supply of a service (Mode 1);

(b) consumption of a service in the territory of a Party by a consumer of the other Party (Mode 2);

(c) establishment and operation of a service supplier in the territory of a Party (Mode 3);

(d) presence of natural persons of a Party in the territory of the other Party for the purpose of supplying a service.


3. Suppliers of Goods and Services

This Chapter shall apply to goods and services supplied by:

(a) natural persons who are nationals of a Party;

(b) juridical persons that are constituted or organized under the laws of a Party and have their head office in the territory of that Party; and

(c) juridical persons in which nationals of a Party or juridical persons of a Party own or control at least 50 percent of the equity interest and that have their head office in the territory of that Party.

4. Special Coverage of Parties

For the purposes of tariff treatment under this Agreement, the Parties agree the following sectoral tariff ceilings and interim treatment shall apply to originating goods as defined in the Agreement’s rules of origin:

(a) Spain shall apply duties to these originating goods within the range 0 percent to 5 percent, that qualify as a Turkish product: electrical machinery and equipment; textiles and apparel; automotive parts and accessories.

(b) Türkiye shall apply duties to these originating goods within the range 0 percent to 5 percent, that qualify as a Spanish product: trucks; tractors; plastics; chemicals.


Article 2.3

Customs duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation. It shall not include any:

(a) charge equivalent to an internal tax imposed in respect of a like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;

(b) duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);

(c) fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10;

Article 2.4

Classification of goods

The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature, interpreted in conformity with the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System

Elimination of customs duties

Article 2.5

Elimination of customs duties

1. Except as otherwise provided by the Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with section A, article 2.2.

2. Both parties may in, relation to Section A, Article 2.2, apply a quota rate appropriately determined by the parties' trade authorities. The quota base shall be equivalent to the rate of the lowest tariffs applied to the most-favored nation. That duty rate shall apply as regards trade covered by this Agreement if and for as long as the two parties maintain a quota basis for conducting trade under sub-article d of Section A.

3. Five years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them and expand Section A, Article 2.2. Scope and Coverage. Following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined.

Article 2.6

Standstill

Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude either Party from raising a customs duty to the minimum level agreed upon by this agreement following a unilateral reduction.

Article 2.7

Administration and implementation of tariff-rate quotas

1. Each Party shall ensure that:

• (a) its procedures for administering its tariff-rate quotas (herein referred to as TRQs) are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;
• (b) any person of a Party that fulfills the importing Party’s legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;
• (c) except as specified in Article 2.5 Clause 3, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request.
• (d) each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item’s or mixture’s specification or grade, and shall not be conditioned on the item’s or mixture’s intended end-use or package size.

2. Each Party shall identify the entity responsible for administering its TRQs.

3. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilize TRQ quantities

4. Neither Party may condition application for, or utilization of, TRQ allocations on the re-export of a good.

SECTION C

Non-tariff measures

Article 2.8

National treatment

Each Party shall accord national treatment to goods of the other Party that are covered by this agreement.

Article 2.9

Import and export restrictions

Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes, or other charges on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party.

Article 2.10

Fees and other charges on imports

Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.

Article 2.11

Duties, taxes, or other fees and charges on exports

Neither Party may maintain or institute any duties, taxes, or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

SECTION D

Specific exceptions related to goods

Article 2.12

General exceptions

1. The Parties affirm that their existing rights and obligations under the Charter of the Global Assembly and organ agencies' decisions, which are incorporated into and made part of this Agreement, shall not be considered a renegation on the terms of this agreement should a party be subject to export/import restrictions.

2. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

SECTION F

AEROSPACE INDUSTRY AND PARTS

Article 1

General Provisions

Recognizing the importance of aerospace products and parts for growth, employment, and trade for both Parties, the Parties confirm their shared objectives and principles, for these products:

• (a) ensuring full market access by elimination of tariffs and non-tariff obstacles to bilateral trade pursuant to this Agreement by the parties;
• (b) promoting the compatibility of regulations based on international standards;
• (c) establishing competitive market conditions based on principles of openness, non-discrimination, and transparency;
• (d) securing the protection of human health, safety, and environment; and
• (e) enhancing cooperation to foster continued mutually beneficial development in trade.

Article 2

Regulatory convergence

1. The Parties recognize the global standards on Harmonization of Aerospace Regulations (hereinafter referred to as the ‘AER.29’), is the relevant international standard-setting body for the products covered by this Annex.

Article 3

Market access

Spain shall allow on its market the products originating or assembled by companies registered in Türkiye, in accordance with this Agreement:

(a) Spain shall accept any product that complies with the requirements listed in this agreement or as mutually recognized by both parties as complying with the corresponding provisions of the applicable Spanish technical regulations;

Türkiye shall allow on its market the products originating or assembled by companies registered in Spain, in accordance with this Agreement:

(a) Türkiye shall accept any product that complies with the requirements listed in this agreement or as mutually recognized by both parties as complying with the corresponding provisions of the applicable Turkish technical regulations;

CHAPTER THREE

TRADE REMEDIES

SECTION A

Bilateral safeguard measures

Article 3.1

Application of a bilateral safeguard measure

1. If, as a result of the reduction or elimination of customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures to safeguard the respective industry/good.

2. The importing Party may take a bilateral safeguard measure which:

(a) suspends further reduction of the rate of customs duty on the goods concerned provided for under this Agreement; or

(b) increases the rate of customs duty on the goods to a level which does not exceed the lesser of:

• (i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken;

Article 3.2
Conditions and limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply bilateral safeguard measures only following an investigation by its competent authorities.

3. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.

4. Neither party may apply a bilateral safeguard measure:

• (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
• (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
• (c) beyond the expiration of the transition period, except with the consent of the other Party.

Article 3.3

Provisional measures

In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days. The Party shall promptly refund any tariff increases if the investigation does not result in a finding that the requirements of Article 3.1 are met.

Article 3.4

Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.

2. If the consultations do not result in an agreement within 90 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.

3. The right of suspension referred to in the Paragraph shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

SECTION D

Anti-dumping and countervailing duties

Article 3.5

General Provisions

1. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant international requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose, the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures without prejudice. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.

2. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defense, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Türkiye or Spain from requesting a clarification written in Turkish or Spanish if:

(a) the meaning of the documents filed is not deemed reasonably clear by the Parties’ investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and

(b) the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.

3. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.

Article 3.6

Notification

1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.

2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.

Article 3.7

Consideration of public interests

The Parties shall endeavor to consider the public interests before imposing an anti-dumping or countervailing duty.

Article 3.8

Lesser duty rule

Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.

Article 3.9

Dispute settlement

Neither Party may have recourse to dispute settlement for any matter arising under this Section.

CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE

Article 4.1

Affirmation of the principles of technical Barriers to Trade

The Parties affirm their existing rights and obligations with respect to each other under the principles on reducing technical barriers to trade which are incorporated into and made part of this Agreement.

Article 4.2

Marking and labeling

1. The Parties note that a technical regulation may include or deal exclusively with marking or labeling requirements, and agree that where their technical regulations contain mandatory marking or labeling, they will observe that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfill a legitimate objective.

2. In Particular, the Parties agree that were a Party to require mandatory marking or labeling of products:

(a) the Party shall endeavor to minimize its requirements for marking or labeling other than marking or labeling relevant to consumers or users of the product. Where labeling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfill a legitimate objective;

(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;

(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis; amd

(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product.

3. Notwithstanding this agreement recognizes cultural and religious exceptions covering types of food consumed and ensuring the necessary labels that conform with the religious requirements of the respective communities.

Article 4.3

Market access

1. With respect to market access through the cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favorable than that provided for under the terms, limitations, and conditions agreed and specified in the specific commitments made by the Parties.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, are defined as:

• (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (9);
• (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and
• (c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (10).

CHAPTER FIVE

Article 5.1

Rules of interpretation

Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the proceeding GATT Agreements, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.

Article 5.2

Arbitration panel decisions and rulings

1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.

2. Any ruling of the arbitration panel shall be binding on the Parties and shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement, and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.

SECTION D

General Provisions

Article 5.3

List of arbitrators

1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as a chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.

Security exceptions

Nothing in this Agreement shall be construed:

• (a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
• (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
  • (i) connected with the production of or trade in arms, munitions, or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
  • (ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
  • (iii) taken in time of war or other emergency in international relations; or
• (c) to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.

Article 5.4
Entry into force

1. This Agreement shall be approved by the Parties in accordance with their own procedures.

2. This Agreement shall enter into force 60 days after the date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.

3. Either Party immediately takes appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.

Article 5.5

Relation with other agreements

1. The present Agreement shall be an integral part of the overall bilateral relations.

2. The Parties agree that nothing in this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.

Article 5.6

Territorial application

1. This Agreement shall be provisionally applied from the first day of the month following the date on which Türkiye and Spain have notified each other of the completion of their respective relevant procedures.

2. In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such a provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Provided the other Party has completed the necessary procedures and does not object to the provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied on the first day of the month following the notification.

4. A Party may terminate a provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.

5. Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.

Article 5.7
Duration

1. This Agreement shall be valid indefinitely.

2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.

3. The denunciation will take effect nine months after the notification.

Article 5.8

Fulfillment of obligations

1. The Parties shall take any general or specific measures required to fulfill their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2. The Agreement shall apply to the territories in that are recognized as part of Spain by the Global Assembly, on the one hand, and to the territories of Türkiye, which are recognized by the Global Assembly on the other hand.

3. These provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the respective parties' customs territory.

Article 5.8

Authentic texts

This Agreement is drawn up in duplicate in Turkish and Spanish, both languages being equally authentic.

JamieA