NEWS & USEFUL INFORMATIONS ABOUT TURKEY

HOLIDAY NEWS FROM TURKEY (Publication)

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ADVANTAGES OF MAKING A TOURISM INVESTMENT IN TURKEY     

Many tourists do not go on holiday just for the sake of sea, sand and sun. Instead, they look for natural, cultural and social values in the country they visit; they want to take part in the life of that country, and prefer those countries that provide variety in tourism. Turkey has what it takes to satisfy tourists, whether they're looking for natural beauty, culture, history, archaeology, outdoor activities, fine cuisine, or traditional hospitality. You, as an investor in the Turkish tourism sector, enjoy numerous advantages.

 

  • Turkey's long history, invaluable cultural treasures, excellent coasts and natural beauties provide a treasure-house of tourism possibilities unexcelled anywhere else in the world.
  • Turkey offers a very broad range of tourism alternatives with its mountains, highlands, caves, rivers, lakes and hot springs.
  • The Anatolian culture is one in which many different cultures are amalgamated.
  • Traditional Turkish hospitality is a ready-made base for tourism activities.


In addition:

  • Its central position at the nexus of Europe, Asia and Africa provides easy access to extensive and varied tourism market.
  • Turkey has a fast-growing tourism market.
  • Liberal import rules make it easy to build, equip and maintain facilities.
  • Lack of tourism development in certain areas and specialities provides significant opportunities for growth.
  • Construction costs in Turkey are significantly lower than in the rest of Europe.
  • Public land use policies allow use of public lands for relatively long periods (49 years); for many parcels, infrastructural problems have already been solved.
  • Incentives for tourism development are at more attractive rates and under easier conditions than for comparable investments in other industries.
  • Operation costs are low relative to many other countries.

All these provide tourism investors with great advantages.

another means of dispute settlement, provided that the conditions in the related regulations are fulfilled and the parties agree thereon.

Employment of Expatriates

Foreign personnel can be employed for investments in Turkey.  Considering its importance to foreign to foreign investors, employment of expatriates is explicitly mentioned in this Law.

IV. The New Role of  Undersecretariat of Treasury

Foreign Investment policy of Turkey has changed from screening  system to monitoring system. With this new scope, Undersecretariat  of Treasury will collect any kind of data concerning the foreign investments and determine the foreign investment policy of Turkey .

Republic of Turkey

Undersecretariat of Treasury

General Directorate of Foreign Investment

Eskiþehir Yolu No: 36 Emek 06510

Ankara

Phone: (312) 212 8800

Facsimile: (312) 212 8916

www.hazine.gov.tr

www.investinginturkey.gov.tr

 

(Printed for information purposes only) 

TURKEY'S

"FOREIGN DIRECT INVESTMENT" LAW

 

"An Improved Investment Climate for Growth and Development "

FOREIGN DIRECT INVESTMENT LAW

Law 6224 on Encouragement of Foreign Capital enacted on January 18, 1954 was a quite liberal law compared with the legislations of some OECD countries of those times. The term  "encouragement" in the name of  Law 6224 derived from the presence of  some principles that were intended as real incentives, such as : "free transfer" and "national treatment". However,  notions, definitions and applications concerning foreign  direct investments have changed so rapidly that  Law 6224  lagged  behind  the contemporary demands  of both foreign investors and Turkey . As a result  the need for a  new Foreign Direct  Investment Law emerged.

Law 4875 emphasises the key elements of the liberal investment environment in Turkey.  We believe that  foreign investment legislation of any country is the representative of the nation's attitude towards international investments. With Turkey's new Foreign Direct Investment Law , our equal (level playing field) and liberal approach to international investments is clearly reflected . Our new law is the  "legal guide"  to international investors about their rights and obligations,  with explicit messages.

WHAT IS NEW  ?

I.      International Standards

"Foreign direct investment" and "Foreign investor" terms are defined within international standards in order to clarify the field of application of the Foreign Direct Investment Law.  Within this scope: 

a) Foreign Investor is defined as :

1) Real persons who possess foreign nationality and Turkish nationals resident abroad,

2) Foreign legal entities established under the laws of foreign countries and international institutions,

who make foreign direct investment in Turkey.

b) Foreign direct investment is defined as :

i)      Establishing a new company or branch of a foreign company

ii)     Share acquisitions not by means of capital markets, and share acquisitions through capital markets where the foreign investor owns 10 percent or more of the shares or voting power,

By means of but not limited to the following economical assets:

1) Assets acquired from abroad by the foreign investor:

    -Capital in cash in the form of convertible currency bought and sold by the Central Bank of Turkey,

-   Stocks and bonds of foreign companies (other than government bonds),

-   Machinery and equipment,

-   Industrial and intellectual property rights

2) Assets procured from Turkey:

-          Reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value

-          Commercial rights for the exploration and extraction of natural resources.

II. Abolishing Permits

With this Law, all permits granted by the General Directorate of Foreign Investment are abolished. As a result, all transactions for establishing a company with foreign capital will be the same as with local companies. Since all companies established in Turkey within the framework of the Turkish Commercial Code are accepted as Turkish companies, all duties and responsibilities are equal regardless of the nature of capital formation.

III. Informing Investors About Their Existing Rights

National Treatment

The National Treatment,  the major principle  of foreign investment policy of Turkey,  was emphasized in the new law.

Protection against Expropriation

Principles stated in the Constitution and the Expropriation Law are stated in the new law, as in the  bilateral investment agreements and other international agreements. Therefore  it is clarified that expropriation can not take place with any reason other than the above-mentioned regulations.

Guarantee of Transfers

In the new Law, the right of free transfer of profits, dividends, proceeds from sale or liquidation of all or any part of an investment, amounts arising from license, management and similar agreements, reimbursements and interest payments arising from foreign loans, banks or special financial institutions is clearly stated.

Access to Real Estate 

Legal entities with foreign capital, established and registered under rules of Turkish Commercial Code can acquire real estate with the same principles as Turkish nationals. The principle of reciprocity  is still valid for foreign real and foreign legal persons.

International Arbitration

According to the new law, for the settlement of disputes arising from investment agreements subject to private law and disputes  arising from conditions and contracts made with the administration under which concessions concerning public services are granted, foreign investor can apply, beside the authorised local courts, to national or international arbitration, or

 

FOREIGN DIRECT INVESTMENT LAW

 Law No. 4875                                                                       Date of Passage: 5 June, 2003

                                                                                       Date of Official Gazette: 17 June, 2003

OBJECTIVE AND SCOPE

Article 1. The objective of this Law is to encourage foreign direct investments; to protect the rights of foreign investors; to define investment and investor in line with international standards; to establish a notification-based system for foreign direct investments rather than screening and approval; and thus regulate the principles to increase foreign direct investments through established policies. This Law establishes the treatment to be applied to foreign direct investments.

DEFINITIONS

Article 2. The terms used in this Law shall have the following meanings:

a) Foreign investor:

1) Real persons who possess foreign nationality and Turkish nationals resident abroad, and

2) Foreign legal entities established under the laws of foreign countries and international institutions,

who make foreign direct investment in Turkey. 

b) Foreign direct investment:

i)     Establishing a new company or branch of a foreign company,

ii)   Share acquisitions, where the foreign investor owns 10 percent or more of the shares or voting power,

by means of, but not limited to the following economic assets:

1) Assets acquired from abroad by the foreign investor:

 -    Capital in cash in the form of convertible currency bought and sold by the Central Bank of Turkey,

-           Stocks and bonds of foreign companies (excluding government bonds),

-           Machinery and equipment,

-           Industrial and intellectual property rights;

2) Assets acquired from Turkey:

-          Reinvested earnings, revenues, financial claims, or any other investment-related rights of financial value,

-          Commercial rights for the exploration and extraction of natural resources.

c) The Undersecretariat: The Undersecretariat of Treasury.

PRINCIPLES CONCERNING FOREIGN DIRECT INVESTMENTS

Article 3.

a) Freedom to Invest and National Treatment

Unless stipulated by international agreements and other special laws:

1.      Foreign investors are free to make foreign direct investments in Turkey,

2.      Foreign investors shall be subject to equal treatment with domestic investors.

b) Expropriation and Nationalisation

Foreign direct investments shall not be expropriated or nationalised, except for a public purpose and upon compensation in accordance with due process of law.

c) Transfers

Foreign investors can freely transfer abroad: profits, dividends, proceeds from the sale or liquidation of all or any part of an investment, amounts arising from license, management and similar agreements, and reimbursements and interest payments arising from foreign loans through banks or special financial institutions.

d) Access to Real Estate

Companies may freely acquire real estate or limited rights in rem through a legal entity in Turkey established or with participation by foreign investors, provided such acquisitions are permitted for Turkish citizens.

e) Dispute Settlement

For the settlement of disputes arising from investment agreements subject to private law and disputes arising from conditions and contracts made with the administration and under which concessions concerning public services are granted, foreign investors can apply either to the authorised local courts, or to national or international arbitration or other means of dispute settlement, provided that the conditions in the related regulations are fulfilled and the parties agree thereon.

f) Valuation of Non-cash Capital

Non-cash capital is valued within the regulations of Turkish Commercial Law. However, stocks and bonds of companies residing abroad will be accepted as foreign capital share of foreign investors and the values determined by the courts of the home country, or other relevant authorities in the home country, or any other international institutions performing valuations will be accepted.

g) Employment of Expatriates

Foreign personnel working permits are issued by Ministry of Labour and Social Security for foreign personnel to be employed in the companies, branches and entities established within the scope of this Law.

In a Regulation to be prepared jointly by the Undersecretariat of Treasury and the Ministry of Labour and Social Security, according to Article 23 of the Law on Foreign Personnel Working Permits No. 4817 dated 27 February 2003, the companies and entities with foreign capital which shall be in the context of the Regulation, the definition of the key personnel in the scope of the Regulation and other special procedures and principles concerning the work permits of key personnel will be determined.

Provisions stipulated in Article 14, paragraph 1, sub-paragraph (b) of Law No. 4817 will not be applicable to personnel to be employed within the context of this Regulation. The conditions under which the provisions stipulated in paragraph 1 of Article 13 of Law No. 4817 are to be applied to key foreign personnel employed will be specified in the Regulation.

h) Liaison Offices

The Undersecretariat is authorised to permit foreign companies established under the laws of foreign countries to open liaison offices, provided that they do not engage in commercial activities in Turkey.

DETERMINATION OF POLICIES AND DATA COLLECTION

Article 4. Taking into account the development plans, annual programs, general economic status of the country, trends in international investments and the opinions of related public institutions and private sector professional organisations, the Undersecretariat is authorised to determine the general framework of policies concerning foreign direct investments, and for this purpose, participate in the activities of other organisations. The consent of the Undersecretariat shall be taken before any amendment or enactment of a regulation related with foreign direct investments.

For the purpose of establishing and developing an information system related to foreign direct investments, the Undersecretariat is authorised to request statistical information on investments from all public institutions and private sector professional organisations.

Foreign investors shall submit the statistical information on their investments according to the procedures and principles to be determined by a regulation to be enacted by the Undersecretariat. Such information cannot be used as evidence or for any means other than for statistical purposes.

OTHER PROVISIONS

Article 5.

a) Existing Companies with Foreign Capital

All companies with foreign capital established pursuant to Law No. 6224 dated 18 January 1954 shall be subject to this Law, reserving their granted rights.

b) Regulations

The implementing procedures for this Law will be determined in a regulation to be prepared by the Undersecretariat within one month of the publication of the present Law.

c) Repealed Provisions

The Law for Encouragement of Foreign Capital No. 6224 dated 18 January 1954 is repealed. The references made to Law No. 6224 and its regulations and amendments are considered as referring to this Law.

d) Any alteration concerning the articles of this Law is only regulated by means of amending and appending provisions to the present Law. 

PROVISIONAL ARTICLE 1. The provisions of the decrees, communiqués and circulars in effect, which are in conformity with this Law, shall remain in force until new regulations to regularise the implementation of this Law take effect.

EFFECTIVENESS

Article 6. This Law shall come into force on the date of its publication.

ENFORCEMENT

Article 7. The Council of Ministers is entrusted with the enforcement of this Law.

10 KEY QUESTIONS REGARDING

TURKEY’S NEW FOREIGN DIRECT INVESTMENT LAW

 1 - Why has Turkey introduced a new Foreign Direct Investment Law now?

 The new Law is an integral part of a broader national reform program that is laying the foundation for sustainable growth and development, driven by private investments in a transparent marketplace fully open to the world and supported by a smaller but more effective State. To ensure that Turkey’s bold fiscal adjustment and ambitious structural reforms translate into substantial investments, the Government of Turkey is focusing on improving the investment climate as one of the main pillars of its economic program.  In addition to the introduction of a more investor-friendly new Law, the Government of Turkey has established by decree an inter-governmental Coordination Committee for the Improvement of the Investment Climate (YOIKK), composed of high-level representatives of relevant ministries, the private sector and NGOs to help remove remaining bureaucratic obstacles to investment. The Government of Turkey also intends to set up a well-funded new Investment Promotion Agency simultaneously able to work inside government and draw on private sector knowledge and market skills, to carry out a multi-year strategy to promote investment in Turkey.

  2 - What is ‘new’ about the Foreign Direct Investment Law?

 Key features of the new Foreign Direct Investment Law include:

 a-     Freedom to invest by dropping all former FDI-related screening, approval, share transfer and minimum capital requirements;

b-     Reassurance of existing guarantees to foreign investors of their rights in one transparent and stable document;

c-      Upgrading to accepted international standards for definitions of ‘foreign investor’ (broadened to include Turkish national residents abroad and international organisations) and ‘foreign direct investment’ (broadened to include all possible types of assets); and

d-     A policy shift from ex-ante control to a promotion and facilitation approach with minimal ex-post monitoring to continuously improve an investor-friendly climate for growth and development.

 3 - What rights do foreign investors have under the new Law?

 The new Law guarantees national treatment and comprehensive investor rights. All companies established with a foreign capital contribution and under the rules of the Turkish Commercial Code (existing and newly established foreign companies) are regarded as a Turkish company. Therefore equal treatment both in rights and responsibilities as stated in the Constitution and other laws is applicable to all such companies (including national treatment, a guarantee against expropriation without compensation, transfer of proceeds, access to real estate and to expatriate personnel, and international arbitration or any other means of dispute settlement).

 
4 - Will investors be exempted from all permits formerly granted by GDFI?

Yes, the new Law enshrines unrestricted entry. All previous requirements issued by the Undersecretariat of Treasury’s General Directorate of Foreign Investment (GDFI) are abolished. However, all foreign companies established or to be established in Turkey are still responsible for obtaining those local licences required for a comparable Turkish company.

5 - Which permits formerly granted by GDFI will not be issued from now on?

-         Company and Branch establishment Pre-Permits

-         Foreign partner participation Pre-Permits

-         Investment Permits

-         Permits regarding changes in field of activity of foreign companies

-         Permits regarding capital increase or sale of shares of foreign companies

-         Indirect participation Permits

->         Registrations of license, know-how, technical assistance and similar agreements

6 - What is new for establishing a company in Turkey for foreign investors?

Entry conditions are the same as for comparable local Turkish companies.

a-     There is no minimum amount of capital required. It is no longer obligatory to bring a minimum of $50,000 in share capital.

b-     Any form of company included in the Turkish Commercial Code is acceptable. It is no longer obligatory to establish either a limited liability company or joint stock company.

7- Do foreigners have access to real estate under the new Law?

Yes, the new Law guarantees foreign investors’ equal right to own or use land. Foreign investors with a legal entity in Turkey have the same rights to own or use land as domestic investors, thereby reinforcing the concept of non-discrimination by nationality. However, the principle of reciprocity is still valid for foreign legal and foreign real persons.

8 - Is there a new regulation for liaison offices?

No, there are no additional requirements. The establishment procedure of liaison offices has not changed.

9 - Is there a new regulation for establishment of branches of foreign companies?

Yes, pre-permits issued by General Directorate of Foreign Investment are abolished.   These branches can be established under rules of Turkish Commercial Code with the permit of Ministry of Industry and Trade.

10 - What will happen to foreign companies established in Turkey under the provisions of the previous Law No. 6224?

All companies with foreign capital established under Law No. 6224 (dated 18 January 1954) are subject to the new Law, with their previously-granted rights grandfathered. Therefore they will no longer require any approvals from GDFI, though they will now have to send yearly information forms (just like newly-established foreign companies) based on procedures to be determined by new regulations.

 

TOURISM OPPORTUNITIES:
 

Go To Turkey

In order to avoid health problems caused by urban life, to rest and to be refreshed, people are taking a greater interest in hot springs tourism, and the desire to spend holidays in centres of hot springs is rapidly spreading. Our country is located on a young mountain range called the Alpine-Orogenic Range and also on an important geothermal belt; and it has about 1300 geothermal springs with temperatures of 20° to 110° C and with rates of flow of 2 to 500 lt/sec. Turkey is among the first seven countries of the world in terms of richness in such sources. In addition, our thermal waters have superior qualities compared with those in Europe, with regard to both their rates of flow and temperature and their various physical and chemical properties. The thermal waters in Turkey have natural origins and high yields, have a high value of dissolved minerals, and are rich in sulphur, radon and salt. Most of them being located on the sea shore, and some in mountainous areas and forests with a medium altitude, they offer a variety of sources. Having these properties, our hot springs offer a wide range of alternatives and a long cure season, owing to our country's climatic conditions being conducive to human health. (In certain regions, the normal cure season lasts as long as 210 days.) Thanks to such high-quality sources, investments in the area of hot springs in Turkey, particularly the integration of thermal hotels and cure centres, are regarded as profitable investments which can pay for themselves within 3 to 4 years. Providing viability all year round and with treatment periods of at least 2-3 weeks, capability of integrating with other tourism types (like coastal tourism, cultural tourism, golf, congress, 3rd age tourism, etc.) thermal tourism ensures achieving basic goals such as high occupation rate, creation of employment and competitiveness, and equity between regions. Calculations based on the potential of our 40 major spas show that our country has an investment potential of over 450 thousand beds. Thermal centres and mineral springs as natural therapy centres have a traditional importance in our country, dating back a long time. Thermal therapy among the Anatolian people in particular has long become a resort culture receiving public interest, in certain months of the year. Therefore, this tradition points to a great potential demand in the area of domestic tourism as well as foreign tourism. In spite of all these special conditions and characteristics, very little of the thermal water potential of our country, only about 5% of it, is actually used today. As a result, there is a significant gap between our thermal water potential and the bed capacity (in the sense of investment needs). To fill this gap, local and foreign capital ventures for the construction of thermal facilities are supported with concessionary incentives. Moreover, in the event of authorization, our Ministry may find and investor by advertising immovable properties owned by Municipalities or Local Administrations, that are allocated for tourism investments.
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Go To Turkey

As their living standards rise, people who usually spend their holidays in the summer season have started to spend part of their holidays in the winter season which has thus led to a growth in mountain and winter tourism. For this reason, countries that are developed in the area of tourism have undertaken successful projects to make use of their forested and snowy regions with a medium altitude as regions where mountain and winter tourism concentrates, in order to meet the growing demand for this type of tourism. It is known that tourism facilities established in the Alps by countries of Central Europe, particularly Switzerland and Austria, are on a par with Spanish coasts in terms of foreign currency income. About half of Turkey's surface area (55%) is covered by mountainous areas with an altitude of 1500 to 3000 metres, located on the Alpine-Himalayan Mountain Range. The Bey Mountains, the Taurus, the Bolkar, the Ala Mountains, the Munzur, Mounts Cilo and Sat, and the Kackar Mountains, which are the extensions of this mountain range in our country, formed at the same age as the Alps, are at the same altitude and have the same flora. However, in size they are twice to three times as big as the Alps. Moreover, some of our mountains such as Nemrut, Suphan, Agri (Ararat), Erciyes and Hasan, have volcanoes, which the Alps do not have. Our western mountains are the legendary residence of Zeus, the god of gods, and our eastern mountains are the place where Noah's Ark landed. They are full of cultural treasures accumulated over centuries. Furthermore, these regions, where it snows throughout winter, are covered with snow for 4 to 6 months. With all these properties, our mountains offer a great potential for both mountain tourism (alpinism, trekking, etc.) and winter tourism. Planning and infrastructure work launched by the Ministry of Culture and Tourism to make use of this potential is continuing at full speed. There have been considerable increases in recent years in the number of people taking part in winter tourism activities in our country as in European countries and the rest of the world - to the extend that it is not possible to meet the demand for winter tourism by the existing facilities in many cases. Therefore, there is an urgent need to construct winter tourism facilities of a sufficient number and quality to serve both domestic and foreign tourists.
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Go To Turkey

Yachting, which makes people feel freer, although it is a relatively expensive hobby, is developing as an important branch of tourism in parallel with increased prosperity. The importance of yacht tourism can be better appreciated considering that yachts are small, luxurious, floating hotels which carry their own beds; that their maintenance and repair is a major source of income for many countries and that yacht owners are people who spend more money on average. In addition, investments for yacht tourism are portrayed as an alternative to concrete jungles along the coastline and are supported more. Turkey is in a very advantageous position in terms of its potential in the area of yacht tourism. Surrounded by seas on three sides, our country offers a magic world to yachtsmen with its lace-like shores extending in a unique harmony of blue and green, with its many virgin bays decorated with rich historical sites. It is also known that there is intense traffic in marinas in the Western and Central Mediterranean. Wishing to avoid this intense traffic and to see different places, yachtsmen tend to shift to the Eastern Mediterranean. The fact that the cleanest shores of the Mediterranean are in Turkey and the cultural assets of the Anatolian land, may lead an important part of this eastwardly trend towards our country. For this reason, the developments of yacht tourism in Turkey, judicially supported by the Law for the Encouragement of Tourism enacted in 1982, and which has reached a certain size in terms of its marinas and its yachting capacity, will continue in the future at a faster rate. In order for our yachting tourism to have a healthy structure and thus to receive the share it deserves in international yacht traffic, it is believed that marinas, slips and berths, which are the most important elements of the infrastructure of yacht tourism, must be of a sufficient capacity and quality. In the "Yacht Tourism Master Plan" which has been prepared in order to determine the conditions of demand and supply in our country and the bottlenecks faced with respect to legislation and to seek solutions to these problems, it is envisaged that the total berthing capacity in the existing marinas and fishermen's shelters should be increased from 8926 to 24,095 over a period of 10 years (i.e. by 2003). The issue of the completion of marinas is presented to the attention of investors. (Marina investment areas will be announced by our Ministry in due course.)
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Go To Turkey

The trade axis of the Medieval Age, called the Historic Silk Road, was a route that enabled the rich products of the east to be transported to the west. In addition to having been a trade route linking Central Asia to Europe, it bears the traces of the cultures, religions and races that existed in the region during the past 2000 years. This magnificent trade route, stretching for thousands of miles, which still makes its traces and mystery felt in both Anatolia and Asia, and which is a witness to a ruthless struggle between man and nature with its harsh geographic character, symbolizes the challenging journeys of the past with its nature, cultural life and historical buildings and continues to present extraordinary historical and cultural treasures. Inns and caravanserais, which provided rest and accommodation to people and to caravans - the means of transport of the time, during journeys lasting for many days, and which are also of importance artistically were constructed along this route. As a result of research done, it has been found that there are nearly 200 inns and caravanserais on that part of the Silk Road which is located within the territory of our country. Our Ministry has launched a special project aiming at protecting these inns and caravanserais which are among the important items of our cultural heritage, at giving them a touristic function by maintaining their existence in a protection - utilization balance, and at revitalizing the "Historic Silk Road".

COUNTRIES THROUGH WHICH THE SILK ROAD PASSED:

  • TURKEY
  • GEORGIA
  • IRAQ
  • GREECE
  • ARMENIA
  • IRAN
  • BULGARIA
  • NAKHICHEVAN
  • TURKMENISTAN
  • UKRAINE
  • AZERBAIJAN
  • UZBEKISTAN
  • RUSSIAN FED.
  • SYRIA
  • TADJIKISTAN
  • KIRGIZSTAN
  • KAZAKHSTAN
  • MONGOLIA
  • CHINA
  • AFGHANISTAN

The world Tourism Organization has approved a project to revitalize the Historic Silk Road as a "Road of Brotherhood, Love and Peace". Studies have begun to implement the project in co-operation with the governments of the relevant countries.
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Golf, a developed branch of sports in western countries, in which high-income groups take a greater interest, has recently begun to spread and to be popular across the world. Our country has suitable conditions for this sport. The availability of large space suitable for golf, and the temperate climate of the