

Turkish Customs approved a foreign company’s customs duty refund but payment has not been made. Learn how to verify the final decision, identify payment obstacles, demand execution and pursue administrative or judicial remedies.
A foreign company may successfully obtain approval for repayment of overpaid customs duties in Turkey but still face a practical problem:
the refund is approved, yet the money is not transferred.
At this stage, the dispute is fundamentally different from an ordinary refund application. The central issue is no longer only whether the company was entitled to repayment. It is whether the approved administrative decision has been properly implemented.
Turkish customs repayment and remission procedures operate principally under Articles 211–214 of Customs Law No. 4458. The Ministry of Trade’s official system is designed for electronic submission and processing of repayment and remission applications.
Where an approved refund remains unpaid, the recommended strategy is:
Obtain the approval decision → confirm that it is final and executable → verify the approved amount → check bank and taxpayer information → identify whether there is an offset or administrative obstacle → submit a formal payment request → document the delay → assess interest and additional-loss claims separately → pursue the appropriate administrative or judicial remedy if payment still does not occur.
Do not rely solely on information from:
Obtain the formal administrative decision approving repayment.
The company should know exactly what Customs has approved.
Compare:
Amount requested
with
amount approved.
For example:
Refund requested: TRY 5,000,000
Refund approved: TRY 3,800,000
The remaining TRY 1,200,000 may still constitute a disputed portion requiring separate legal action.
A partial approval creates two different issues:
Approved amount → payment/enforcement issue
Rejected amount → challenge issue
These should not be mixed together.
The repayment may result from:
Keep the underlying repayment file available even after approval.
An approval decision may not necessarily mean that a bank transfer occurs immediately.
Determine whether Customs requires:
Request written clarification where necessary.
A simple bank-information problem can delay substantial refunds.
Verify:
The account should correspond with the legally entitled recipient unless another lawful payment arrangement applies.
After approval, the administration may still request information required to process payment.
Search:
Respond immediately to any legitimate outstanding request.
Before alleging non-payment, determine whether the approved amount has been applied against another public or customs liability.
Ask:
Was the refund transferred?
or
Was it legally offset against another debt?
These are different situations.
If Customs states that the refund was offset, request documentation showing:
Do not accept a generic statement that the company “has other debts.”
If the company disputes the debt against which the refund was applied, analyze whether that offset itself can be challenged.
For example, the alleged debt may:
Multinational structures can create complications.
The importer may be:
The entity economically funding the import is not necessarily identical to the legal claimant under the customs repayment decision.
Confirm the beneficiary stated in the approval.
Where the original customs payment passed through a broker, examine the legal and accounting structure carefully.
Do not allow the repayment to be redirected without verifying entitlement.
Ask finance to check all relevant accounts.
Compare:
Large companies sometimes receive public payments that are not immediately matched internally.
Prepare:
Original customs payment
→ repayment application
→ approval decision
→ notification of approval
→ submission of bank information
→ follow-up request
→ continued non-payment.
This chronology becomes important if legal action is required.
The Ministry’s Repayment or Remission Request Management System covers applications made under Articles 211–214 and allows the prescribed application materials to be submitted electronically.
Preserve copies of:
Do not rely indefinitely on online access.
If the refund has been approved but remains unpaid, submit a formal written request asking the administration to execute its decision.
Identify:
Request written information concerning any obstacle preventing payment.
Repeated telephone calls saying:
“When will our refund arrive?”
do not provide the same evidentiary value as formal correspondence.
Create a written record.
Possible reasons include:
The legal strategy depends on the actual reason.
Preserve:
If the delay later becomes the subject of litigation, chronology can be decisive.
This distinction matters.
If the application is still pending, the dispute concerns administrative silence and entitlement.
If the application has already been approved, the company has a significantly different argument:
the administration has itself recognized the repayment claim but has not implemented the decision.
If Customs has formally accepted that TRY 5 million must be repaid, the company’s payment request should focus on execution of that recognized obligation.
Avoid reopening substantive issues unnecessarily unless the administration does so.
Suppose:
Requested: TRY 10 million
Approved: TRY 7 million
Paid: TRY 0
The company may need to pursue:
payment of the approved TRY 7 million
and separately
challenge the rejection of TRY 3 million.
Track the relevant deadlines independently.
The company should not focus so heavily on collecting the approved amount that it misses the deadline to challenge the rejected portion.
Record the notification date immediately.
A prolonged delay after approval raises an important question:
Can the company claim interest in addition to the principal refund?
This requires separate legal analysis based on:
Do not assume interest is automatically included.
Where an interest claim is legally available, the starting point can materially affect the amount.
Potentially relevant dates may include:
The applicable starting point should be determined under the specific legal basis.
A delayed multimillion-lira refund may create:
Preserve financial evidence if additional damages may later be considered.
The fact that a company experienced financing costs does not automatically mean every commercial consequence is recoverable.
Additional compensation generally requires separate analysis concerning:
Keep this claim separate from the principal refund.
A structured demand can state:
The refund was approved.
The company supplied the required information.
Payment remains outstanding.
The company requests immediate implementation of the decision.
This creates a clear administrative record.
Ask whether the approved refund is:
The response can determine the next legal step.
Statements such as:
“The accounting department is processing it.”
may explain a short operational delay.
They should not automatically justify indefinite non-payment.
The longer the delay continues, the more important formal procedural action becomes.
Depending on the circumstances, a formal application seeking implementation of the approved decision may be appropriate before litigation.
The application should clearly distinguish itself from the original repayment application.
The company is now seeking payment of an already approved refund.
If administrative inaction following approval becomes actionable, the company should calculate any relevant judicial period under the applicable administrative procedural framework.
Do not assume:
“Because the refund is approved, there can never be a litigation deadline.”
Sending monthly emails may document continued delay, but it should not automatically be assumed that every email creates a new procedural period.
Obtain case-specific deadline analysis.
Where Customs fails to implement an approved repayment decision despite proper requests, judicial remedies may become necessary.
The court file should demonstrate:
The most important document may be Customs’ own approval.
It can establish that the administration accepted the repayment entitlement, subject to the exact wording and scope of the decision.
Preserve the complete document.
Keep evidence showing when the approval was communicated.
This can become relevant for:
If Customs suddenly refuses payment after approval, determine whether a later formal administrative decision exists.
Do not rely on an oral statement that the earlier approval “was cancelled.”
Request the written decision and legal basis.
If Customs formally withdraws, reduces or reverses the approved refund, treat the new decision as a separate legal event.
Record its notification date and assess administrative and judicial remedies immediately.
Prepare a concise report:
Refund requested
Refund approved
Approval date
Amount outstanding
Reason for delay
Follow-up actions
Potential interest
Next legal remedy.
This is particularly important for material refunds.
Finance should determine how the approved but unpaid amount is recorded.
Legal and accounting records should agree regarding:
Customs may pay only part of an approved amount.
If so, record:
Approved amount
minus
amount received
equals
outstanding balance.
Request an explanation for the unpaid portion.
Do not close the matter merely because a payment appears in the bank account.
Check:
Reconcile the payment against the approval decision.
If one refund is delayed, check whether the company has other:
A systematic payment problem may exist.
Maintain a central customs refund register showing:
Application date
Amount
Decision
Approval date
Payment date
Outstanding balance
Legal action.
This is particularly useful for companies with high import volumes.
The recommended sequence is:
Obtain the formal approval
→ verify the approved amount
→ identify any rejected portion
→ confirm the beneficiary
→ verify bank information
→ check for offsets
→ submit a formal payment demand
→ request written explanation for the delay
→ document continued non-payment
→ analyze interest and additional losses
→ calculate procedural deadlines
→ pursue administrative or judicial remedies where necessary.
The company should obtain the formal approval, verify that all payment requirements have been satisfied, investigate any offset or administrative obstacle, formally demand implementation and assess administrative or judicial remedies if non-payment continues.
Not necessarily. Administrative and accounting processing may remain, but prolonged non-payment should be investigated and documented.
An approved repayment may potentially interact with other collectible liabilities depending on the applicable legal framework. If an offset is asserted, request its amount and legal basis in writing.
Treat the case as two issues: obtain payment of the approved portion and separately consider challenging the rejected portion within the applicable deadline.
Potentially, depending on the legal basis and circumstances. The entitlement, applicable rate and starting date require separate analysis.
Potentially in appropriate circumstances, but such losses require separate proof of unlawful conduct, actual damage and causation. They should not be assumed to follow automatically from the refund approval.
Written follow-up is useful, but informal reminders should not replace formal procedural action or deadline analysis.
Request documentation identifying the debt, amount, date and legal basis of the offset. If the alleged debt is disputed, the offset may require separate legal review.
Depending on the procedural circumstances and applicable administrative-law rules, judicial remedies may become available where the administration fails to implement an approved repayment decision.
The formal Customs decision establishing that the company is entitled to repayment and identifying the approved amount.
An approved but unpaid customs refund may involve:
Delayed customs repayment
Approved customs refund
Customs duty overpayment
Administrative inactivity
Refund offsets
Interest claims
Additional financial losses
and administrative litigation.
Fırat Fesih Kaya Law Office assists foreign companies, multinational groups, manufacturers and importers where Turkish Customs has approved repayment of customs duties but the approved amount has not been transferred.
Lawyer Fırat Fesih Kaya provides legal assistance in reviewing refund approval decisions, investigating payment delays and offsets, preparing formal payment demands, protecting procedural deadlines and pursuing appropriate administrative and judicial remedies for recovery of approved customs refunds.
Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey