Legal Status of Gems (Jewellery Stones) in Türkiye and the Importance of New Regulations
Abstract: What distinguishes minerals grouped as gemstones (jewellery stones) from other metallic and industria lminerals and building stones is that they do not require bulky reserves and production amounts. Even if they havelow reserves, if they are extracted with good quality, they are sought after for use in the jewellery industry, and when compared to other groups, these materials have very high economic value. Although gemstone science(gemmology) and the gemstone processing industry are not very developed in Türkiye and the potential of gemstones in our country has not yet been fully determined, gemstones represent high economic potential for our countrywhen mining is performed consciously and the products marketed well. Therefore, it is in our national interest thatnational mining, analysis and trade of gems in their raw and processed forms should be coordinated and disciplined.Differing and ignorant practices by the Ministry of Energy and Natural Resources and the Ministry of Treasuryand Finance regarding gemstones are contrary to our national interests and are in disorder. Managing gemstonesunder a single regulation has become a necessity due to logic and science. There is a definite need for new laws justabout mining, analysis, exchange and trading of gemstones. The content of this law should be specially preparedin accordance with equivalent laws from other countries in the world. A "Turkish Gemstone (Jewellery Stones(Gemmology) Application and Research Centre" should be established within the General Directorate of Miningand Petroleum Affairs (MAPEG) / General Directorate of Mineral Research and Exploration Institute (MTA).This centre should be able to organise mining, processing and marketing of gemstones and R&D activities, mostof which are still not active in our country. Today, the centres of gemstone trade in the world are places such asThailand (Bangkok), China (Hong Kong), and India (Jaipur, Bombay). The definition of precious stones in Article2/K of the Turkish Foreign Exchange legislation (Turkish Currency Protection Legislation No. 32) must be revisedand missing regulations must be updated. A similar revision should be made to standards TS-6173 and TS-6174regarding gemstones, which are currently enforced by the Turkish Standards Institute (TSE). When examined interms of the consumer, one of the main stakeholders in the jewellery industry in Türkiye and within the framework ofthe "Law on Consumer Protection No. 6502" in our general legal system, the current regulations and approachescannot respond with the penal effectiveness required for possible problems encountered in terms of gemstones. Basedon this determination, the law and the relevant regulations and related legislation need to be rearranged in order toprevent consumer grievance in relation to gemstones.