Dual-Use Goods Seized in Turkey: Criminal Liability, Customs Seizure and Legal Remedies 2026

Dual-use goods seized by Turkish customs? Learn the 2026 rules on strategic trade controls, export licences, catch-all controls, end users, customs seizure, criminal liability, return of goods and remedies available to foreign companies in Turkey.

When Turkish customs authorities stop or seize machinery, electronics, chemicals, measuring equipment, specialized materials or other commercially legitimate products because they may qualify as dual-use goods, a foreign company can suddenly face much more than a delayed shipment. The case may involve strategic trade controls, export or import authorization requirements, customs proceedings, seizure of the goods and, depending on the alleged conduct, a criminal investigation.

The most important point is that dual-use does not mean illegal.

Turkey’s Ministry of Trade defines dual-use goods as items capable of both civilian and military use and identifies examples including industrial machinery and equipment, electronic components, measuring and testing equipment, chemicals, explosives, radioactive and nuclear materials, metals and alloys.

Accordingly, a product may be entirely legitimate in ordinary commercial activity while still falling within a strategic trade-control framework.

For foreign companies, the correct analysis should therefore begin with:

Product → Technical specifications → Control classification → Civilian or sensitive use → Buyer → End user → Destination → Required authorization → Customs declaration → Reason for seizure → Possible criminal allegation.

What Are Dual-Use Goods in Turkey?

Dual-use goods are products, materials, equipment or technologies capable of civilian use while also potentially serving military, proliferation-related or other sensitive purposes.

Official Turkish strategic-trade-control guidance identifies examples such as machine tools, carbon fiber and freeze-drying equipment to demonstrate how apparently ordinary commercial products may have sensitive alternative applications.

Other products potentially requiring careful analysis may include advanced electronics, precision manufacturing equipment, laboratory systems, specialized chemicals, high-performance materials and certain nuclear-related goods.

The product’s commercial name alone is therefore rarely enough.

Why Does Turkey Control Dual-Use Goods?

Turkey’s Ministry of Trade explains that strategic trade controls are connected with preventing the proliferation of weapons of mass destruction and controlling the international movement of sensitive goods, equipment and technology. Turkey applies these controls in connection with its international obligations and participation in multilateral export-control arrangements.

This means customs officials may examine not only what the product is, but also:

• Who is buying it
• Where it is going
• Who will ultimately use it
• What it will be used for
• Whether authorization was required
• Whether documents accurately describe the transaction

Dual-Use Does Not Mean Military

A company may manufacture a product entirely for civilian customers.

That does not necessarily prevent the product from qualifying as dual-use.

For example, official Turkish guidance illustrates how machine tools can be used for ordinary manufacturing but may also have sensitive applications, while carbon fiber can have both everyday commercial and missile-related uses.

Therefore:

Civilian manufacturer ≠ uncontrolled product.

Civilian customer ≠ automatically unrestricted transaction.

Civilian invoice description ≠ final export-control classification.

Which Authority Handles Dual-Use Goods?

The competent authority depends on the nature of the product and transaction.

The Ministry of National Defence states that civilian export transactions involving dual-use materials are handled under the dual-use and sensitive-goods framework administered by the Ministry of Trade.

Military-controlled goods are subject to a different authorization framework administered through the Ministry of National Defence.

The first task is therefore to determine whether the goods are:

Civilian dual-use goods

or

Military-controlled goods

or

Another specially regulated category.

2026 Import Rules Also Address Dual-Use Materials and Technologies

Turkey’s 2026 import legislation includes a specific communiqué concerning approval of documents relating to dual-use materials and technologies: Import Communiqué No. 2026/12.

Foreign companies dealing with dual-use products should therefore analyze both sides of the transaction where relevant:

Export controls from Turkey

and

Import controls into Turkey.

The applicable rules depend on the direction of movement, product and regulatory classification.

Why Can Dual-Use Goods Be Seized?

A shipment may be stopped or potentially seized where authorities suspect issues such as:

• Required authorization was not obtained
• Product was incorrectly classified
• Technical characteristics were concealed
• End user was incorrectly identified
• Destination was misrepresented
• Customs declaration was inaccurate
• End-user certificate was false
• Product description was misleading
• Goods were being diverted
• Catch-all controls applied
• Goods were connected with an alleged smuggling offence

However, customs intervention does not itself prove criminal liability.

Customs Hold Versus Criminal Seizure

A foreign company should immediately determine the legal status of the goods.

They may be:

Held pending customs examination

Awaiting authorization

Subject to administrative customs proceedings

Formally seized in a criminal investigation

Subject to possible liquidation

These situations require different legal strategies.

Do not describe every customs delay as “confiscation.”

Obtain the Written Record

Immediately request and preserve the available documentation concerning:

• Customs inspection
• Reason goods were stopped
• Seizure
• Inventory
• Investigation number
• Product classification
• Requested licence
• Prosecutorial involvement
• Storage location

The defense should be based on the written legal measure rather than informal statements from logistics personnel.

Product Classification Is Often the Central Issue

Many dual-use investigations begin because customs and the exporter disagree about the technical classification of the product.

For example:

Company position: ordinary CNC machine for automotive production.

Authority concern: technical specifications potentially place the machine within a controlled dual-use category.

This is primarily a technical question before it becomes a criminal one.

Preserve the Technical File

Immediately collect:

• Product catalogue
• Technical specifications
• Engineering drawings
• Manufacturer documentation
• Model number
• Serial number
• Software specifications
• Performance limits
• Test reports
• Previous classification analysis

Do not rely merely on the commercial invoice description.

“Industrial machine” may be too generic to resolve a strategic-control question.

Ask Whether the Product Was Actually Controlled on the Shipment Date

The legal team should identify:

1. Exact product
2. Technical characteristics
3. Applicable control framework
4. Relevant list entry
5. Rules effective on the transaction date
6. Whether authorization was required

A later classification should not automatically substitute for analysis of the legal framework applicable when the shipment occurred.

What If the Company Believed the Goods Were Not Dual-Use?

That belief may be relevant, but it should be supported by evidence.

Useful evidence can include:

• Internal classification memorandum
• Manufacturer opinion
• Engineering assessment
• Correspondence with competent authority
• Previous authorization history
• Technical comparison against control criteria

The Ministry of Trade expressly advises companies uncertain whether goods are strategic to seek information from the competent institution and notes that technical specifications and buyer information will be necessary for the evaluation.

Catch-All Controls

A particularly important risk is the catch-all mechanism.

The Ministry of Trade states that even where goods are not included in control lists, authorization may be required if concerns arise about their use in the production of weapons of mass destruction, based on factors such as destination country, buyer and intended use.

Therefore:

Not listed ≠ automatically unrestricted.

This can become crucial in criminal investigations.

Example: Ordinary Industrial Equipment

Suppose a foreign-owned Turkish company manufactures specialized industrial equipment.

Its internal classification concludes that the machine is not listed.

The customer, however, is connected to an entity engaged in sensitive nuclear activity.

Authorities may investigate whether catch-all controls should have been considered.

The defense should examine what information was available to the exporter at the relevant time.

End User Matters

The immediate customer is not necessarily the final user.

A transaction may involve:

Turkish exporter → Distributor → Trading company → Final end user.

If authorities believe the declared buyer was merely an intermediary, they may investigate whether the exporter knew the real destination or end user.

End-User Certificate Problems

For transactions requiring end-user documentation, authorities may examine:

• Authenticity
• Signatory
• Company identity
• Address
• Product description
• Quantity
• Intended use
• Destination

For controlled defense-sector exports, Ministry of National Defence guidance specifically emphasizes properly completed and signed end-user documentation.

Fake End-User Certificate Allegation

If authorities allege that an end-user certificate is false, preserve:

Original certificate → Email transmitting certificate → Customer correspondence → Corporate records → Contract → Payment → Verification records.

Determine who produced the document.

A foreign exporter that received a forged document from an external customer is in a materially different factual position from an exporter that knowingly fabricated the certificate.

Destination Changes

Suppose authorization concerned Country A.

Before shipment, the customer requests delivery through Country B.

That change should not be treated merely as a logistics issue.

Destination can be central to strategic trade controls.

For military-controlled exports, Ministry of National Defence guidance states that separate applications are required when the same product is exported to different countries.

Diversion After Export

Another difficult situation occurs where the exporter sends goods to the declared customer, but the customer subsequently redirects them.

The investigation should determine:

• Did the exporter know about diversion?
• Were there warning signs?
• Did the customer disclose another end user?
• Was re-export contractually restricted?
• Were suspicious instructions received?
• Did the exporter continue transactions after discovering diversion?

A customer’s independent misconduct does not automatically prove criminal participation by the exporter.

Criminal Liability Is Not Automatic

The fact that goods are dual-use and were seized does not automatically establish a criminal offence.

The investigation should determine:

What authorization was legally required?

Was it actually missing?

Was the customs declaration incorrect?

Who prepared the disputed information?

Was any document false?

Who knew about the issue?

What specific criminal provision is alleged?

This transaction-specific analysis is essential.

Administrative Compliance Failure Versus Criminal Case

A dual-use transaction may involve:

Classification disagreement → Licensing issue → Customs problem → Administrative consequence.

A more serious case may involve allegations of:

Deliberate concealment → False documentation → False destination → Intentional circumvention → Smuggling-related criminal investigation.

These should not be treated as equivalent.

Law No. 5607

Depending on the precise facts, an export or import transaction involving controlled goods may lead authorities to examine whether conduct falls within Law No. 5607 on Combating Smuggling.

But a company should not respond to the generic accusation:

“You exported dual-use goods illegally.”

The exact alleged conduct must be identified.

Was the allegation based on:

• Missing licence?
• False declaration?
• Concealed goods?
• False document?
• Restricted export?
• Misrepresented end user?

The criminal defense depends on that answer.

Foreign Company Liability Versus Individual Liability

A multinational transaction can involve:

• Foreign parent company
• Turkish subsidiary
• Foreign supplier
• Turkish exporter
• Distributor
• Customs broker
• Export manager
• Compliance officer
• Foreign CEO

These actors should not automatically be treated as one person.

Individual criminal responsibility should be examined according to each person’s actual conduct.

Foreign CEO Is Not Automatically Responsible

A foreign CEO may have general authority over the company but no direct involvement in technical export classification.

Relevant evidence includes:

• Organization chart
• Job descriptions
• Delegation
• Compliance structure
• Shipment approval process
• Email correspondence
• ERP permissions

The question should be:

What did the executive actually know and do?

Foreign Shareholder Is Not Automatically Responsible

Share ownership does not establish participation in an alleged export-control violation.

A foreign investor may not have been involved in:

• Classification
• Licensing
• Customs declarations
• Logistics
• Customer due diligence

Chronology becomes especially important where the investment occurred after the disputed transaction.

Export Manager Liability

An export manager may have greater operational involvement, but job title alone still does not establish criminal intent.

Investigators should determine whether the manager:

• Knew the product was controlled
• Knew authorization was missing
• Changed product descriptions
• Concealed destination
• Used false documentation
• Followed internal compliance advice

Compliance Officer Warned Management

Internal warnings can become important evidence.

Suppose compliance states:

“Do not ship until licensing is confirmed.”

The shipment nevertheless leaves Turkey.

Authorities may investigate:

• Who overrode the warning
• Why
• What information they possessed
• Whether authorization was ultimately required

Preserve the original records.

Employee Acts Without Authorization

The opposite situation is also possible.

An employee may bypass company controls and arrange shipment without informing management.

The company should preserve:

• Approval rules
• System permissions
• Internal instructions
• Compliance training
• Shipment logs
• Employee communications

The employee’s conduct does not automatically establish that foreign management knowingly participated.

Customs Broker’s Role

Determine exactly what the exporter provided to the customs broker.

Relevant questions include:

1. What product description was provided?
2. Were technical specifications provided?
3. Was the broker told the goods might be controlled?
4. Was a licence supplied?
5. Did the broker alter the declaration?
6. Who approved the final filing?

“Broker handled customs” is not a complete defense.

But broker error should not automatically be attributed to company executives either.

Goods Belong to an Innocent Foreign Company

Sometimes goods are seized even though the owner is not the alleged offender.

For example:

Foreign manufacturer owns equipment → Turkish distributor handles export formalities → Distributor allegedly files false documentation.

The foreign owner should establish:

• Ownership
• Lack of participation
• Lack of knowledge
• Legitimate commercial purpose

The Constitutional Court’s property-rights jurisprudence states that seizure and confiscation should preserve a fair balance and emphasizes that a good-faith owner should have an opportunity to recover non-dangerous property or obtain redress where appropriate.

Seizure Does Not Mean Final Confiscation

This distinction is critical.

Goods can be seized during an investigation without a final decision that they must permanently be taken from the owner.

Therefore:

Seizure ≠ conviction.

Seizure ≠ final confiscation.

Seizure ≠ automatic proof of illegal export.

Challenge the Need for Continued Physical Seizure

After authorities have:

• Identified the product
• Recorded serial numbers
• Obtained technical documents
• Taken samples where appropriate
• Completed expert examination

the company should assess whether retaining the entire physical shipment remains necessary.

This is especially important for high-value commercial goods.

Innocent Owner and Proportionality

The Constitutional Court states that measures interfering with property rights should not be arbitrary or unpredictable and that a reasonable relationship should exist between the owner’s conduct and the violation giving rise to the measure.

For an innocent foreign owner, this can support arguments concerning proportionality and return depending on the facts.

Partial Release

Suppose customs seizes a container containing:

100 potentially controlled units

and

900 clearly uncontrolled units.

The company should identify the two categories separately.

Goods	Quantity	Issue	Requested Remedy
Potentially controlled equipment	100	Classification disputed	Technical review
Ordinary commercial goods	900	No identified control issue	Release

Whether partial release is available depends on the legal basis and circumstances, but the issue should be raised where appropriate.

Perishable or Rapidly Depreciating Goods

Dual-use goods are often advanced industrial equipment rather than perishable products, but substantial depreciation can still occur.

Risks include:

• Technology obsolescence
• Corrosion
• Warranty expiration
• Customer cancellation
• Project delay
• Storage damage
• Financing costs

Document these losses immediately.

Goods May Be Needed Only for Technical Examination

A technical dispute may sometimes be resolved through:

• Expert inspection
• Manufacturer documentation
• Laboratory examination
• Technical measurements
• Representative samples

The company should ask whether the physical retention of every unit remains necessary after the relevant examination is completed.

Criminal Release Does Not Equal Customs Clearance

Even if a criminal seizure is lifted, customs may still require:

• Export authorization
• Import authorization
• Technical documentation
• Corrected declaration
• Other regulatory compliance

Therefore:

Return from criminal seizure and customs authorization are separate issues.

Can the Goods Be Returned to the Foreign Owner?

Potentially, depending on:

• Ownership
• Customs status
• Reason for seizure
• Criminal investigation
• Regulatory status
• Nature of goods

The company should not attempt to move seized goods without obtaining the necessary legal clearance.

Can the Goods Be Returned to Origin?

In some transactions, return-to-origin may be commercially preferable to pursuing clearance.

But return is not automatically available merely because the foreign supplier owns the goods.

The company must first resolve any applicable seizure or regulatory restriction.

Do Not Alter Technical Specifications

Once authorities question classification, never modify:

• Product catalogue
• Engineering documents
• Software records
• Model descriptions
• Technical data sheets

Preserve the version that existed at the time of the transaction.

Do Not Create a Retrospective Licence File

Never:

• Backdate licence applications
• Create false internal approval records
• Fabricate an end-user certificate
• Alter emails
• Change the historical destination
• Delete compliance warnings

These actions can transform a potentially defensible regulatory dispute into a much more serious investigation.

Preserve Digital Evidence

Important evidence may include:

• Emails
• Messaging records
• CRM data
• ERP records
• Export-control software
• Licence applications
• Broker communications
• Customer due-diligence files

Preserve original metadata where available.

Internal Investigation

A foreign company should reconstruct:

Product → Classification → Buyer → End user → Destination → Licence review → Contract → Invoice → Customs declaration → Shipment → Seizure.

Then determine precisely where the alleged irregularity occurred.

Build a Responsibility Matrix

Question	Responsible Team	Evidence
What is the product?	Engineering	Technical file
Is it controlled?	Compliance	Classification analysis
Who is buyer?	Sales	Customer file
Who is end user?	Compliance	End-user documentation
Was licence required?	Legal/Compliance	Regulatory analysis
Who filed customs declaration?	Logistics/Broker	Declaration records
Who approved shipment?	Management	Approval logs

This can be particularly useful where authorities are investigating several managers.

Review Historical Transactions

One seized shipment may lead to scrutiny of earlier exports involving the same:

• Product
• Customer
• Distributor
• Destination
• Employee
• Customs broker

Turkey continues active post-clearance and secondary customs controls. The Ministry of Trade reported in July 2026 that these controls had generated TRY 8.3 billion in additional assessments and penalties during the first six months of 2026.

Companies should therefore consider historical exposure early.

2026 Current Legal Position

Turkey continues in 2026 to maintain specific regulatory frameworks for dual-use trade.

The Ministry of Trade continues to list the Communiqué on Control of Exports of Dual-Use and Sensitive Goods among the country’s export legislation.

For imports, the Ministry’s 2026 legislation includes Import Communiqué No. 2026/12 concerning approval of documents relating to dual-use materials and technologies.

No foreign company should therefore assume that dual-use classification is merely an internal compliance label without consequences for Turkish customs procedures.

25 Immediate Steps After Dual-Use Goods Are Seized in Turkey

1. Obtain the customs inspection report.
2. Obtain the seizure record.
3. Identify the legal basis of seizure.
4. Identify the criminal investigation number, if any.
5. Verify every item seized.
6. Record model and serial numbers.
7. Preserve technical specifications.
8. Identify the alleged controlled-list classification.
9. Determine the rules effective on the shipment date.
10. Preserve the export or import declaration.
11. Preserve all licence applications.
12. Preserve issued authorizations.
13. Verify licence validity.
14. Preserve end-user documents.
15. Verify the actual end user.
16. Verify the actual destination.
17. Preserve customer due diligence.
18. Preserve customs-broker communications.
19. Identify who approved shipment.
20. Establish ownership.
21. Determine whether the owner is an innocent third party.
22. Assess whether continued physical seizure is necessary.
23. Examine partial release where appropriate.
24. Review historical shipments involving the same product.
25. Coordinate customs, regulatory and criminal remedies before making admissions.

Frequently Asked Questions

1. Are dual-use goods illegal in Turkey?

No. Dual-use goods have legitimate civilian uses. They may, however, be subject to strategic trade controls because they can also have military or proliferation-sensitive applications.

2. Can ordinary industrial machinery qualify as dual-use?

Yes. Official Turkish guidance specifically identifies industrial machinery and equipment among possible dual-use categories.

3. Who handles civilian dual-use export controls?

The Ministry of National Defence states that civilian export transactions involving dual-use materials are handled within the Ministry of Trade’s dual-use and sensitive-goods framework.

4. What if the product is not on a control list?

Authorization may still potentially be required under the catch-all approach where concerns arise about weapons-of-mass-destruction use based on the destination, buyer and intended use.

5. Does seizure prove that the company illegally exported controlled goods?

No. Seizure is not a conviction. The authorities and defense must still determine the product classification, authorization requirement, alleged conduct and responsibility of the individuals involved.

6. Can a foreign CEO be prosecuted?

Potentially, where evidence supports personal participation in alleged criminal conduct. Corporate title alone does not establish knowledge or involvement.

7. What if the customer secretly diverted the goods?

The customer’s independent diversion does not automatically establish the exporter’s criminal liability. What the exporter knew, what warning signs existed and how the company responded are important.

8. Can an innocent foreign owner recover seized dual-use goods?

Potentially, depending on the legal status of the goods and the case. Constitutional Court jurisprudence emphasizes good-faith ownership, proportionality and the connection between the owner’s conduct and the alleged illegality.

9. Does lifting a criminal seizure automatically authorize export?

No. Regulatory and customs requirements may remain outstanding even after the criminal seizure is lifted.

10. What should the company do first?

Determine the exact product classification, applicable control rule, authorization requirement, end user, destination, reason for seizure and specific criminal allegation. The defense should be transaction-specific rather than based merely on the label “dual-use.”

Legal Assistance for Foreign Companies Whose Dual-Use Goods Are Seized in Turkey

The seizure of dual-use goods can create simultaneous customs, regulatory, criminal and commercial problems. A company may need to challenge the technical classification, prove that the transaction had a legitimate civilian purpose, establish the accuracy of end-user documentation, defend managers against criminal allegations and seek the release of high-value commercial goods.

Fırat Fesih Kaya Law Office provides legal assistance to foreign companies, multinational groups, manufacturers, exporters, importers, investors and executives facing dual-use and strategic trade-control investigations in Turkey.

Lawyer Fırat Fesih Kaya assists foreign clients with dual-use classification disputes, customs seizures, export and import authorization issues, catch-all controls, end-user investigations, false declaration allegations, innocent third-party ownership claims and criminal investigations connected with controlled international trade.

Early intervention can be particularly important where customs has seized expensive industrial machinery, authorities dispute whether a civilian product falls within a controlled category, the declared end user is questioned, goods risk substantial depreciation or the investigation is expanding into earlier transactions and individual management responsibility.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. Dual-use classification and criminal liability depend on the technical characteristics of the goods, transaction date, applicable control rules, destination, end user, intended use, authorization status and specific facts of the investigation.