

Can foreigners request partial release of money from a frozen Turkish bank account? Learn when investors and foreign-owned companies may seek release of unrelated funds, salaries, taxes and essential operating expenses during a financial investigation.
Yes. Depending on the legal basis, scope and authority responsible for the bank-account restriction, a foreign investor or foreign-owned company may request that a frozen account be partially released rather than demanding removal of the entire measure.
This can be particularly important where an investigation concerns only a specific transaction or amount but the restriction prevents access to a much larger account balance.
A request may potentially seek:
Whether partial release is legally available depends on the exact type of restriction.
No.
There is no universal rule under which every account holder is automatically entitled to withdraw a certain percentage of frozen funds.
The first question remains:
Who imposed the restriction and under which legal authority?
A restriction may originate from:
The correct request must therefore be addressed to the authority legally capable of modifying or removing the restriction.
Proportionality is a central consideration in measures affecting property.
The Turkish Constitutional Court has examined whether asset seizure was limited to the financial benefit allegedly connected with criminal conduct. In one property-rights case, the Court specifically regarded the fact that the measure was limited to the amount connected with the alleged material benefit as relevant to its proportionality.
This can be important where the amount frozen is dramatically greater than the amount actually questioned.
For example:
Transaction under investigation: USD 150,000
Total corporate account balance: USD 2,500,000
If the entire USD 2.5 million is inaccessible, the company may have grounds to examine whether maintaining the restriction over the whole balance is necessary.
That does not guarantee partial release, but it can provide an important basis for a proportionality argument.
Potentially.
Suppose authorities are investigating a particular payment entering the company’s account.
The company may seek to demonstrate that the remaining balance came from entirely different legitimate sources, such as:
The stronger the documentary separation between the questioned funds and legitimate funds, the stronger the factual basis for requesting a narrower restriction.
Potentially.
Where a complete restriction prevents a company from paying employees, payroll obligations should be documented.
The request can include:
The argument is not simply that the company would prefer to use its money.
The company should demonstrate that the existing measure is creating concrete consequences for employees and continuing business operations.
Depending on the legal basis of the freeze, the company may request permission or modification enabling it to satisfy mandatory tax liabilities.
Evidence can include:
Similar arguments may apply to mandatory social security liabilities.
This can be particularly important for foreign-owned trading companies.
A frozen account may prevent payment of:
The result can be commercially severe because goods may remain at customs while additional storage or demurrage expenses accumulate.
These consequences should be documented when seeking modification of the restriction.
Potentially, but the request should be supported by evidence.
The company should identify:
A general statement that the company “needs money to continue business” is weaker than a documented explanation of specific obligations.
Potentially.
Essential operating expenses may include:
Again, availability depends on the particular legal measure.
There are cases demonstrating that asset restrictions do not always have to operate on an absolute all-or-nothing basis.
In one Constitutional Court case concerning seizure of a person’s assets, the relevant criminal court subsequently permitted the person to withdraw a specified amount from the bank account each month. The Constitutional Court considered this fact when evaluating whether the property restriction imposed an excessive burden.
This does not create an automatic right to a monthly allowance in every frozen-account case.
It does, however, demonstrate that modification of an asset restriction can be possible in appropriate circumstances.
Potentially.
Instead of requesting a personal living allowance, a company might seek narrowly defined access for legitimate business obligations.
For example:
The request should explain why these payments do not undermine the purpose of the investigation.
Potentially.
A central proportionality question is whether the legitimate objective of the investigation can be achieved through a measure imposing a smaller burden.
For example, instead of freezing all funds, it may be argued in an appropriate case that the purpose could be protected by:
Whether such alternatives are legally available depends on the applicable measure.
This should be analyzed carefully.
Suppose the investigation concerns transactions passing through Bank Account A, but Accounts B and C are also restricted.
The company should determine:
Separate account histories can strengthen a request to release unaffected funds.
Historical bank statements can be particularly important.
If the company had TRY 20 million in the account before the questioned transaction occurred, the company may be able to demonstrate that substantial funds pre-date the investigated activity.
Relevant evidence can include:
Tracing the history of the account can therefore be essential.
The company should determine whether the restriction also covers subsequent incoming funds.
If legitimate post-freeze revenue becomes inaccessible, the company may seek to distinguish those funds from the transaction under investigation.
For example, subsequent funds may clearly derive from:
The legal significance depends on the wording and scope of the underlying restriction.
This can require urgent examination.
A company may hold funds that economically belong to customers or other third parties.
Evidence may include:
Third-party ownership should be clearly documented.
A company may receive funds later alleged to originate from fraud or another offence without knowing their source.
The company should document:
Good-faith commercial receipt should be distinguished from knowing participation in laundering criminal proceeds.
Foreign ownership does not itself eliminate procedural or property protections.
A foreign investor or foreign-owned Turkish company may seek the legal remedies available against an asset restriction affecting its property.
The focus should remain on:
The request must address the underlying judicial measure.
Merely asking the bank manager to release funds will generally not solve a restriction the bank is legally required to implement.
The company’s lawyer should identify:
Under criminal procedure, seizure decisions are subject to procedural safeguards and judicial review mechanisms. The Constitutional Court has emphasized the importance of effective judicial review of seizure measures.
Depending on the measure, yes.
Turkish criminal procedure provides objection mechanisms against qualifying judicial decisions.
The challenge may argue that:
The specific decision must be reviewed before selecting the procedural remedy.
This can be highly important.
In one Constitutional Court case, a criminal court removed an asset seizure after the available financial analysis did not establish concrete findings that the assets had been obtained from the alleged criminal activity.
This demonstrates the importance of the evidentiary connection between the alleged offence and the property affected by the measure.
It does not mean every account restriction must automatically be removed where the account holder denies wrongdoing.
But it supports careful examination of whether the statutory conditions for continued seizure actually remain satisfied.
Depending on procedural strategy, this may be appropriate.
For example, the company may argue:
Primary request: Remove the restriction because the statutory conditions are not satisfied.
Alternative request: If the authority considers some restriction necessary, limit it to the amount allegedly connected with the investigation and release the remaining legitimate funds.
This can be more practical than presenting the issue as an all-or-nothing dispute.
A strong request should normally contain a detailed financial explanation.
Useful evidence can include:
The objective is to distinguish legitimate money from the funds actually under investigation.
This can be extremely useful.
A transaction table can identify:
| Date | Amount | Sender | Purpose | Supporting Evidence |
|---|---|---|---|---|
| Transaction 1 | Amount | Customer | Export payment | Contract + invoice |
| Transaction 2 | Amount | Shareholder | Capital funding | Corporate records |
| Transaction 3 | Amount | Bank | Loan proceeds | Loan agreement |
| Transaction 4 | Amount | Customer | Domestic sale | Invoice + delivery |
A clear transaction map can help demonstrate that substantial parts of the balance are unrelated to the questioned transaction.
The company should document the consequences of continued total restriction.
Examples include:
This evidence supports the proportionality aspect of the request.
Yes.
Asset restrictions interfere with property rights and therefore must remain proportionate.
The Constitutional Court has emphasized that the balance between the public interest in investigating criminal conduct and protection of property rights depends on whether the individual or company is subjected to an excessive burden.
A measure limited to the financial amount associated with alleged criminal benefit may be easier to justify than an unnecessarily broad restriction over unrelated assets.
Yes.
Even where a restriction was justified initially, prolonged continuation can require renewed scrutiny.
The Constitutional Court has found a property-rights violation in a case where a bank-account restriction continued for more than five years without adequate justification for maintaining it for such a prolonged period.
This does not establish a universal maximum period.
It does establish an important principle: temporary property restrictions must not become disproportionate merely because authorities continue them without adequate reassessment.
Potentially.
Consider the following situation:
Week 1: Authorities cannot determine where the funds came from.
Month 2: The company submits contracts and invoices.
Month 4: Customs records confirm the underlying trade.
Month 6: Banking records confirm the source.
If substantial evidence has clarified the legitimate origin of most funds, maintaining a complete restriction may require stronger justification.
Depending on the applicable procedure, changed circumstances may justify a renewed request.
For example:
A previously rejected request does not necessarily mean that changed circumstances can never be raised later.
Whether a controlled payment mechanism can be used depends on the legal basis and authority supervising the restriction.
In an appropriate case, a request may propose that specific payments be permitted directly for identified obligations rather than giving unrestricted access to the entire account.
For example:
This may help demonstrate that the requested modification will not frustrate the purpose of the investigation.
Whether substitution with another form of security is available depends on the specific measure.
Where legally possible, the company may explore whether the investigative objective can be protected through a less disruptive alternative.
This should never be assumed without reviewing the underlying decision and statutory framework.
A frozen account should never be circumvented through artificial transactions.
Avoid:
Such conduct can substantially worsen the investigation.
Potentially.
Turkish criminal procedure recognizes compensation mechanisms in certain circumstances where property or other assets were seized without the statutory conditions being satisfied or were not appropriately protected. Constitutional Court case law has also addressed the availability of compensation in the context of seizure measures.
Whether compensation is available depends on the particular measure and procedural history.
Yes.
The company should preserve evidence of:
If compensation later becomes relevant, contemporaneous evidence can be critical.
Determine who imposed the restriction.
Identify the investigation and decision numbers where available.
Determine exactly which transactions are under investigation.
Separate historical and subsequent legitimate funds.
Connect transfers with contracts, invoices and accounting records.
Prepare payroll, tax and social security evidence.
Show how the complete restriction affects operations.
If the statutory conditions are absent, challenge the entire restriction.
Seek limitation to the amount genuinely under investigation.
Identify specific salary, tax or essential operational payments.
If the measure continues, reassess whether its justification remains sufficient.
Maintain a record for any subsequent compensation claim.
Potentially, yes. Whether partial release is available depends on the legal basis and authority responsible for the restriction.
Potentially. The investor may argue that the restriction should be limited to funds connected with the alleged offence, particularly where unrelated funds can be clearly traced and documented.
Potentially. Payroll records and evidence of operational necessity should support the request.
Depending on the legal mechanism, a company may seek permission or modification allowing mandatory public liabilities to be paid.
Yes, such modification is possible in principle. Constitutional Court case law includes an example where a criminal court permitted specified monthly withdrawals while an asset measure otherwise remained in force.
Depending on procedural strategy, the company may seek complete removal and alternatively request limitation of the measure.
Historical bank records can be used to demonstrate that those funds pre-date and may be unrelated to the questioned transaction.
Potentially, yes. The duration, scope, continuing justification and burden on the account holder are relevant to constitutional proportionality.
Potentially, yes. Foreign ownership does not itself eliminate available procedural remedies concerning restrictions over company property.
A clear fund-tracing record showing which money is allegedly connected with the investigation and which funds arise from legitimate, unrelated commercial activity.
A frozen bank account does not always have to be approached as an all-or-nothing problem.
Where the investigation concerns only a particular transaction or amount, a foreign investor or foreign-owned company may have grounds to argue that unrelated funds should not remain inaccessible or that specific amounts should be released for legitimate and essential obligations.
The strongest applications generally combine fund tracing, commercial documentation, operational evidence and proportionality arguments.
Particular attention should be given to the amount allegedly connected with the investigation, the total amount frozen, the source of unrelated funds, the duration of the restriction and the financial damage caused by preventing access to the entire account.
Fırat Fesih Kaya Law Office assists foreign investors, foreign-owned companies and corporate executives with MASAK-related financial investigations, frozen bank accounts, judicial seizure measures, requests for partial release of funds and challenges to disproportionate asset restrictions in Turkey.
Lawyer Fırat Fesih Kaya provides legal assistance in tracing legitimate funds, preparing supporting commercial and banking evidence, requesting release of operational funds and challenging the continued scope of financial restrictions.
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
This article is intended for general information and does not constitute legal advice. Whether partial release is available depends on the legal basis of the restriction, the issuing authority, the investigation stage, the connection between the funds and the alleged offence, and the evidence presented in the individual case.