A TAREKS application is still pending while imported goods accumulate storage, demurrage and terminal charges in Turkey. Learn what importers can do to accelerate the process, document delay, challenge administrative inaction and protect compensation rights.

A shipment may arrive in Turkey on time, the importer may complete its commercial preparations, and the customs declaration may be ready—yet the goods can remain at the port or temporary storage facility because a TAREKS application has not been finalized.

Every additional day can create substantial costs.

Depending on the shipment, the importer may face storage charges, container demurrage, detention, terminal expenses, warehouse costs, production disruption and even customer claims.

The central question is therefore:

What can an importer do when the TAREKS process remains pending while costs continue to increase?

The importer should treat the problem as both a technical product-compliance procedure and a potential administrative-law dispute. The first priority is to identify exactly why the application remains pending, remove any correctable deficiency immediately, document every day of delay and protect formal legal remedies if the process becomes unjustifiably prolonged.

1. What Is TAREKS?

TAREKS is Turkey’s Risk-Based Trade Control System.

It is used in connection with product-safety and technical-regulation controls applicable to specified products in foreign trade.

Depending on the relevant product and import-control legislation, the system may involve:

• Electronic application;
• Risk assessment;
• Documentary examination;
• Physical inspection;
• Product testing;
• Additional-document requests;
• Final control result.

Therefore, a pending TAREKS application does not always mean that the file is simply waiting for an officer.

The underlying stage must first be identified.

2. Why Can a TAREKS Application Remain Pending?

Common reasons include:

• Missing documentation;
• Incorrect product information;
• Inconsistent model numbers;
• Missing conformity documents;
• Risk-based inspection;
• Physical examination;
• Laboratory testing;
• Additional technical-document requests;
• Verification of certificates;
• Communication with another authority;
• System or processing delays.

The legal strategy depends on the reason.

3. Identify the Exact Stage Immediately

The importer should determine:

Has the application merely been submitted?

Has it been assigned for inspection?

Has additional documentation been requested?

Are the goods undergoing physical control?

Has a sample been taken?

Is laboratory analysis pending?

Is the authority waiting for information from the importer?

Without identifying the procedural stage, it is difficult to challenge delay effectively.

4. Check Whether the Delay Is Actually Caused by the Importer

Before alleging administrative delay, review the file carefully.

A missing document or unanswered request can stop progress.

Check:

• Application data;
• Product identification;
• Invoice;
• Packing list;
• Technical file;
• Conformity documentation;
• Test reports;
• Manufacturer information;
• Additional requests.

If Customs or the competent product-safety authority is waiting for the importer, the deficiency should be corrected immediately.

5. Review Product Classification

Incorrect tariff classification can cause the shipment to enter the wrong control process.

Confirm:

HS code

→ applicable product-safety regulation

→ relevant import-control communication

→ TAREKS requirement.

If the goods were incorrectly brought within a particular control regime, classification may become part of the legal challenge.

6. Confirm Whether the Product Is Actually Subject to the Relevant Control

Do not assume that every product falling under a broad tariff heading is automatically subject to the same technical requirements.

Product scope may depend on:

• Technical description;
• Intended use;
• Product characteristics;
• Exemptions;
• Specific tariff subheading.

A scope dispute can sometimes be more important than the pending application itself.

7. Request the Reason for the Delay

If the application has remained pending without an obvious explanation, the importer should request clarification through the appropriate official channel.

The request should identify:

• TAREKS application;
• Product;
• Shipment;
• Application date;
• Current stage;
• Urgency.

The objective is to establish a documented administrative chronology.

8. Avoid Relying Only on Telephone Calls

Telephone communication may help operationally, but it provides weak evidence if a dispute later develops.

Important communications should be documented.

Record:

Date

Authority contacted

Issue raised

Response received

Action requested.

This chronology may later become important in an administrative challenge or damages claim.

9. Respond to Additional Document Requests Immediately

If the authority requests further documents, submit them as quickly as reasonably possible.

Then preserve evidence showing:

• Request date;
• Submission date;
• Documents supplied.

This helps distinguish authority delay from importer delay.

10. Do Not Submit Contradictory Technical Documents

Speed should not come at the expense of consistency.

Before submitting additional evidence, compare:

• Model number;
• Manufacturer;
• Product name;
• Technical specifications;
• Test report;
• Conformity documents;
• Invoice.

Contradictions can extend the review further.

11. Contact the Foreign Manufacturer Early

The foreign manufacturer may control documents needed to complete the TAREKS review.

Request:

• Technical specifications;
• Test reports;
• Conformity documentation;
• Product photographs;
• Model lists;
• Manufacturer declarations;
• Laboratory information.

Do not wait until the authority issues repeated requests.

12. Laboratory Testing Can Be a Major Source of Delay

Where a sample is taken for laboratory examination, determine:

• Sample date;
• Laboratory;
• Test requested;
• Expected process;
• Whether further information is required;
• Whether a second analysis or other procedural mechanism may become relevant.

The importer should track the laboratory stage separately from the general TAREKS file.

13. Record the Sample Chain

For high-value disputes, preserve information concerning:

• Product sampled;
• Batch;
• Serial number;
• Sample quantity;
• Sampling date.

This becomes particularly important if the eventual laboratory result is disputed.

14. Storage Charges Should Be Documented From Day One

Do not wait until the TAREKS procedure ends.

Maintain a daily cost file containing:

• Temporary-storage charges;
• Port storage;
• Terminal costs;
• Container demurrage;
• Container detention;
• Warehouse charges.

The importer should be able to demonstrate exactly how the delay translated into financial loss.

15. Separate Storage, Demurrage and Detention

These costs should not be grouped under one vague heading.

Storage

Charges for goods or containers remaining at the port, terminal or storage facility.

Demurrage

Typically relates to keeping the carrier’s container within the relevant terminal or agreed period beyond free time.

Detention

Typically concerns keeping carrier equipment outside the terminal beyond the agreed period.

Contractual terminology can vary, so the actual tariff and transport agreement should be reviewed.

16. Obtain the Free-Time Schedule

For containerized imports, determine:

• Free storage period;
• Free demurrage period;
• Free detention period;
• Daily rate after free time;
• Rate escalation.

This allows the importer to quantify increasing exposure.

17. Ask for Commercial Mitigation

While the administrative process continues, contact:

• Carrier;
• Shipping line;
• Terminal;
• Warehouse operator.

Request commercially available:

• Extension of free time;
• Reduction;
• Waiver;
• Temporary rate arrangement.

These requests do not resolve the TAREKS problem, but they may reduce the loss.

18. Preserve All Mitigation Requests

If the company later seeks compensation, evidence that it attempted to minimize its losses can be important.

Retain:

• Emails;
• Applications;
• Responses;
• Revised invoices;
• Rejected waiver requests.

19. Consider Whether Alternative Customs Arrangements Are Legally Available

Depending on the goods and procedural stage, the importer should investigate whether any lawful alternative customs or storage arrangement can reduce costs while the technical-control procedure continues.

This is highly transaction-specific.

Do not move, manipulate or place the goods under another procedure without confirming that the relevant customs and product-safety requirements permit it.

20. Production-Critical Goods Require Immediate Escalation

If the shipment contains:

• Raw materials;
• Components;
• Machinery;
• Spare parts;

necessary for production, document that fact.

A delay that threatens factory operations is commercially different from an ordinary inventory delay.

21. Document Production Interruption Risk

Preserve:

• Production schedules;
• Inventory levels;
• Purchase orders;
• Manufacturing plans;
• Customer deadlines;
• Internal shortage notices.

These records may become important if substantial damages arise.

22. Customer Cancellation Risk Should Also Be Documented

If delayed clearance threatens customer contracts, preserve:

• Delivery commitments;
• Customer warnings;
• Cancellation notices;
• Penalty clauses.

Do not attempt to reconstruct this evidence months later.

23. Request Expedited Administrative Review Where Justified

Where the file is complete and delay is creating rapidly increasing losses, the importer can consider submitting a reasoned request for prompt completion.

The request should be factual.

Explain:

• When the application was filed;
• When requested documents were supplied;
• Current delay;
• Daily storage exposure;
• Production or contractual consequences.

24. Avoid Aggressive Unsupported Accusations

A useful application does not need to accuse officials of wrongdoing.

The stronger approach is to establish:

complete file

• documented elapsed time
• increasing economic damage
• request for prompt administrative action.

25. Administrative Inaction May Become a Legal Issue

Not every delay creates administrative liability.

Technical inspections require time.

Laboratory testing requires time.

Risk-based controls can legitimately delay release.

However, where a complete application remains unresolved for an excessive period without a legally sufficient explanation, administrative-law remedies may need to be examined.

26. Build the Delay Timeline

Prepare a chronological table:

Date	Event	Responsible Party	Result
Day 1	TAREKS application	Importer	Submitted
Day 3	Documents requested	Authority	Request
Day 3	Documents supplied	Importer	Complete
Day 8	Inspection	Authority	Completed
Day 20	No decision	—	Pending

This makes the dispute much easier to understand.

27. Separate Importer Delay From Authority Delay

This distinction is essential in any later compensation argument.

If:

10 days resulted from missing importer documents

and

20 days resulted from unexplained administrative inactivity,

the two periods should not be treated identically.

28. Can the Importer Challenge the Delay?

Potentially.

The available remedy depends on:

• Procedural stage;
• Nature of administrative action or inaction;
• Competent authority;
• Whether a final decision exists;
• Urgency.

The appropriate administrative and judicial route should therefore be determined from the specific file.

29. What If TAREKS Ultimately Rejects the Goods?

Then the dispute changes.

The importer may need to examine:

• Reason for rejection;
• Technical regulation applied;
• Test result;
• Sampling procedure;
• Product scope;
• Available retesting or review mechanisms;
• Re-export or other customs options.

A pending-file strategy should therefore preserve evidence for a potential rejection dispute.

30. Laboratory Results Should Be Reviewed Technically

If rejection results from laboratory testing, do not analyze only the legal document.

Compare:

test method

technical standard

sample

product specification

manufacturer’s laboratory results

applicable regulation.

Technical expert input may be necessary.

31. Can Storage Charges Be Recovered From the Administration?

Potentially, but not automatically.

A successful damages claim generally requires more than showing that storage costs were incurred while an administrative procedure was pending.

Questions can include:

• Was the administrative conduct unlawful?
• Was the delay attributable to the administration?
• Was there actual and documented loss?
• Is there sufficient causal connection?
• Did the importer contribute to the delay?
• Did the importer reasonably mitigate its losses?

Each case requires individual analysis.

32. Storage Invoices Alone May Not Be Enough

A strong damages file should establish:

invoice

• proof of payment
• period charged
• connection with delayed shipment
• reason goods could not be released
• administrative chronology.

This creates a much clearer causal record.

33. Demurrage Claims Need Similar Evidence

Retain:

• Container number;
• Carrier tariff;
• Free-time period;
• Daily demurrage rate;
• Invoice;
• Payment;
• Release date.

This allows the loss to be linked to the specific shipment.

34. Lost Profit Claims Are More Difficult

If the company alleges that TAREKS delay caused lost sales or production losses, the evidence should be particularly strong.

Relevant evidence may include:

• Customer orders;
• Production capacity;
• Historical sales;
• Cancellation correspondence;
• Substitute purchase costs.

Speculative figures are weaker than documented losses.

35. Emergency Judicial Protection May Need to Be Considered

Where administrative conduct causes serious and rapidly increasing harm, available judicial mechanisms should be assessed promptly.

Whether urgent relief is legally available depends on the challenged administrative measure, procedural posture and evidence.

Do not wait until the goods have accumulated months of costs before reviewing judicial options.

36. A Final Rejection and Mere Delay Are Different Cases

Distinguish:

Application still pending

from

Application rejected.

The legal remedies and procedural strategy may differ significantly.

37. Customs and Product-Safety Procedures Should Be Coordinated

TAREKS approval can affect customs clearance, but Customs and the technical-control authority perform different functions.

Determine exactly which authority is responsible for the current blockage.

An application directed to the wrong authority wastes valuable time.

38. Customs Broker Records Should Be Preserved

The customs broker may hold:

• TAREKS submission records;
• System notifications;
• Customs correspondence;
• Inspection records;
• Document requests.

Obtain a complete copy of the file.

39. Supplier Responsibility Should Also Be Investigated

Sometimes the TAREKS delay begins because the foreign supplier provided:

• Wrong test report;
• Incorrect model number;
• Missing conformity documentation;
• Inconsistent technical specifications.

If so, the Turkish importer should review its contractual rights against the supplier.

40. Supplier Claims and Administrative Remedies Can Proceed in Parallel

The company may simultaneously face:

an administrative problem in Turkey

and

a contractual claim against the foreign manufacturer.

One should not necessarily wait for the other.

41. Review Insurance Coverage

Where a prolonged customs or regulatory delay causes substantial storage or cargo-related losses, businesses may also review whether any relevant insurance policy potentially responds to part of the loss.

Coverage depends entirely on the policy wording and cause of loss.

42. Avoid Abandoning the Goods Without a Full Cost Analysis

When storage costs become extremely high, an importer may consider:

• Re-export;
• Abandonment;
• Alternative disposition.

Before choosing such an option, calculate:

existing costs

future daily costs

goods value

re-export cost

contractual consequences

tax consequences.

A rushed decision can create additional losses.

43. Create an Internal TAREKS Escalation Rule

For example:

Day 1: application tracking.

First unexplained delay: technical review.

Additional-document request: same-day response.

Material storage exposure: written escalation.

Continuing unexplained delay: legal review.

The exact timetable should reflect the goods and commercial risk.

44. High-Value Imports Should Be Reviewed Before Shipment

Before shipping regulated goods to Turkey, verify:

• HS classification;
• TAREKS coverage;
• Technical regulations;
• Required conformity documents;
• Test reports;
• Manufacturer data.

Pre-shipment compliance is often much cheaper than solving the problem after containers arrive at the port.

45. Immediate Action Plan

If a TAREKS application remains pending while storage charges increase:

Identify the exact procedural stage

→ confirm product and HS classification

→ check whether any document is missing

→ respond immediately to requests

→ contact the foreign manufacturer

→ document every communication

→ record storage, demurrage and detention daily

→ request commercial mitigation from carriers and terminals

→ prepare a delay chronology

→ separate importer-caused and authority-caused delay

→ submit a reasoned request for prompt action where appropriate

→ preserve technical evidence

→ assess administrative remedies

→ protect compensation evidence

→ prepare for possible rejection or judicial challenge.

25-Point TAREKS Delay Checklist

1. TAREKS application number.
2. Application date.
3. Importer.
4. Foreign manufacturer.
5. Product.
6. HS classification.
7. Applicable technical regulation.
8. TAREKS coverage.
9. Invoice.
10. Packing list.
11. Technical file.
12. Conformity documents.
13. Test reports.
14. Additional-document requests.
15. Response dates.
16. Physical inspection.
17. Sampling.
18. Laboratory status.
19. Customs declaration.
20. Storage charges.
21. Demurrage.
22. Detention.
23. Daily financial exposure.
24. Administrative-delay chronology.
25. Legal remedy and damages strategy.

Frequently Asked Questions

1. What should an importer do first when a TAREKS application remains pending?

Determine the exact procedural stage and whether the authority is waiting for any document or action from the importer. A delay cannot be evaluated properly until this is known.

2. Can the importer request faster processing?

A reasoned request for prompt completion may be appropriate where the file is complete and continuing delay is causing substantial documented losses.

3. Can storage charges be claimed from the administration?

Potentially in appropriate circumstances, but the importer generally needs a strong evidentiary basis concerning the administrative conduct, actual loss, causation and its own contribution to the delay.

4. What if the delay is caused by laboratory testing?

Track the sampling and laboratory process separately, preserve the sample information and obtain the technical documentation necessary to challenge an unfavorable result if one is issued.

5. Can the importer stop demurrage while TAREKS is pending?

Not automatically. However, the importer should immediately explore commercial mitigation with the carrier, terminal and relevant operators and examine whether any lawful alternative customs arrangement is available.

6. What if the foreign manufacturer provided incorrect documents?

The importer should correct the regulatory file while simultaneously reviewing contractual remedies against the supplier for losses caused by inaccurate or incomplete documentation.

7. Can a pending TAREKS application be challenged before a final rejection?

Potential administrative-law remedies may exist depending on the nature and duration of the inaction and the procedural stage. The specific file should be reviewed before selecting the remedy.

8. Should storage and demurrage be recorded separately?

Yes. Storage, demurrage, detention and other terminal expenses can arise under different contractual arrangements and should be documented separately.

9. What evidence is important for a later compensation claim?

The application chronology, document submissions, authority communications, storage and carrier invoices, payment records, container information, mitigation attempts and evidence connecting the delay with the financial loss are particularly important.

10. What is the biggest practical mistake?

Allowing the TAREKS application to remain passively pending while costs accumulate. The importer should simultaneously pursue the regulatory file, reduce commercial costs, document the delay and preserve administrative and contractual remedies.

Client-Focused Legal Support for TAREKS Delays in Turkey

TAREKS disputes can involve:

Pending TAREKS applications

Product-safety controls

Physical inspections

Laboratory delays

Technical-document disputes

Storage charges

Demurrage and detention

Production interruption

Administrative inaction

and compensation claims.

Fırat Fesih Kaya Law Office assists foreign manufacturers, international trading companies and Turkish importers when TAREKS procedures delay customs clearance and create substantial storage, demurrage or commercial losses.

Lawyer Fırat Fesih Kaya provides legal assistance in reviewing TAREKS files and technical-control procedures, documenting administrative delay, coordinating evidence with foreign manufacturers, challenging adverse administrative decisions, protecting urgent judicial remedies where available and evaluating compensation and supplier claims arising from prolonged import delays.

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