Manufacturers and contractors
Prime contractors, subcontractors, component and system manufacturers; domestic and foreign suppliers and project partners.
GÜNEŞ & GÜNEŞ LAW FIRM
Defense Industry and Aviation Technologies
Legal support for manufacturers, prime and subcontractors, technology companies and maintenance organizations.
Project and supply contracts, public procurement, export controls, technology rights and disputes.
Based in Antalya · Serving all of Türkiye
FROM DESIGN TO DELIVERY, FROM MAINTENANCE TO TECHNOLOGY TRANSFER
Clear rights and obligations at every stage of a technical project
A delay in delivering a component can affect the main project schedule, a dispute over acceptance testing can affect payment, and technology sharing can affect intellectual property rights and permit obligations together. Legal work begins by identifying the nature of the product, the parties’ roles and the regulations that govern the project.
We address the legal needs connected with Türkiye for defense systems, aircraft and engine components, avionics, unmanned aerial vehicles (UAVs), software, research and development, and maintenance activities. Civil, military and dual-use products are not assumed to be subject to the same permit or liability regime.
Technology and R&D
Software, electronics, avionics and UAV companies; organizations that license technology, research teams and investors.
Maintenance and operations
Aircraft, engine and component maintenance organizations; technical service providers and businesses that procure within projects.
OUR LEGAL PRACTICE AREAS
Reviewing project, permit and contract relationships together
From manufacturing to international cooperation, contract preparation, compliance work and dispute monitoring are planned. The responsibilities of technical competence, certification and legal advice are defined separately.
Project and subcontract agreements
The place of technical annexes in the contract, delivery stages, acceptance tests, change management, payment and security are reviewed. The scope in which the prime contract’s obligations will be passed to the subcontractor is determined together with liability for delays, warranties, spare parts and long-term maintenance.
Public procurement and project contracts
The purchasing authority, the procedure to be applied and any applicable exception are determined. Tenders, qualification, security conditions, the security provided, delivery and acceptance procedures are assessed. It is not assumed that every defense procurement is subject to the general tender procedure or to the same exception; the route of application is reviewed for each transaction.
Establishment and production permits
The relationship of the activity to Law No. 5201 and the related control lists is assessed. The scope of establishment and production permits is reviewed together with the effect of changes in facilities, products, partnerships or activities. Obtaining one document does not mean that it replaces other required permits and approvals.
Facility security and classified information
Facility and personnel security conditions under Law No. 5202 are addressed in light of the classification level of the project and access authorizations. A confidentiality agreement, sharing permission and security clearance serve different functions. The scope of work involving controlled information is not finalized until authorized access has been verified.
Export controls and sanctions
The nature of the product, software and technology; end user, end use, destination and transit countries and the parties to the transaction are reviewed. The effect of permits, licenses and restrictions on delivery or payment is reflected in the contract. Screening is not limited to the name of the buyer alone; ownership and control relationships are also assessed.
Dual-use and cross-border supply
For products that can be used for both civil and military purposes, classification, applicable lists, origin and license conditions are assessed together. Re-export of imported parts, shipment for maintenance or remote access to technical data may require separate review. A civil-use declaration alone does not remove control obligations.
R&D, licensing and intellectual property rights
Ownership of pre-existing technology is distinguished from that of results developed during the project. Patents, software, source code, production know-how, fields of use and the authority to license third parties are governed. An assignment of commercial rights does not replace the permission required to share controlled technology.
Aviation maintenance and authorization
In civil aviation, under the Continuing Airworthiness Regulation (SHY-CA) and related instructions, the scope of the organization’s authorization, work orders and maintenance and component records are addressed. The acceptance of maintenance, delivery, warranty and airworthiness responsibilities are separated. Specific rules applicable to military platforms are determined separately.
Software, avionics and cybersecurity
Delivery criteria, versioning, licensing, update and support obligations are reviewed for embedded software, simulation, remote support and system integration. Access authorizations, service providers, preservation of incident records and applicable notification obligations are assessed together with confidentiality and personal data rules.
Quality, parts and product liability
Part identity, traceability, conformity documents and acceptance records are compared. Responsibility for a manufacturing defect, a maintenance failure or a breach of contract is determined separately. Aviation-specific rules are observed in the assessment of corrective action, loss, insurance coverage and recourse; general product legislation is not applied unchanged to every product.
Joint ventures and industrial cooperation
Share transfers, joint production, consortia and investment agreements address management, financing, use of technology and exit conditions. Where there are industrial participation, localization or offset obligations, their scope and proof are reviewed. The effect of a change in the partnership on permits, security clearances and the project contract is checked.
Employees and technical personnel
Employment contracts, employee inventions, confidentiality, occupational health and safety and legal liability for workplace accidents are addressed. Access to the position, foreign personnel and personal data processes are assessed according to the nature of the activity. An employment contract or general work permit is not equated with project-specific access authorization.
INVESTMENT AND THE PROJECT LIFE CYCLE
Scope before commitment, continuing responsibility after delivery
A single checklist is not sufficient for a new facility, a company transfer or a joint development project. Permits, obligations and decision points are determined according to the transaction stage.
Offer and pre-investment
A shareable project summary, the intended use of the product, and the customer and supplier structure are reviewed. The use of the company and facility, required permits, access to technology and third-party rights are determined. The effect of delivery or technology-sharing commitments made before the review is completed is assessed.
Contract and implementation
Approval and permit conditions, schedule, staged acceptance, payment, security and allocation of liability are arranged. It is clarified who will approve scope changes, subcontractor replacement and cost increases, and on what record. Any applicable competition and investment permits are also checked separately.
Delivery, maintenance and exit
After acceptance, warranty, maintenance, spare parts, record retention and license obligations are monitored. At the end of the project, the return or authorized custody of the technical file, termination of access, outstanding balances and the settlement of security are planned together.
DISPUTES AND RECORDS
Technical acceptance, payment and administrative permits are separate legal acts
Physical delivery of a product alone does not show that all acceptance conditions in the contract have been met. Test reports, specification versions, change approvals, notices of non-conformity, work orders and payment records are compared. Expert technical review of performance and the assessment of legal liability are conducted separately.
Formal notice (ihtar), negotiation, preservation of evidence, interim legal protection, mediation, litigation, enforcement or arbitration options are reviewed according to the nature of the dispute. An application against an administrative permit or tender decision is not subject to the same procedure as a claim for a commercial receivable. The validity of an arbitration clause and whether the matter is arbitrable are also assessed separately.
- Delivery and acceptance: agreed criteria and authorized approval.
- Delay: notices, changes and cause-and-effect relationship.
- Permit action: decision, reasoning, notification and route of appeal.
- Evidence: sharing authority, record integrity and preservation.
PREVENTIVE LAW AND COMPLIANCE
Regular legal advisory alongside the project team
Common control arrangements can be set up for offer, supply, license and confidentiality agreements. Permit renewals, contract amendments, changes in end-user information and employee access are monitored against the agreed scope of work. Agent and representative relationships, conflicts of interest, anti-corruption and internal reporting processes may also be considered.
Where there is suspicion of a breach, priority is given to preserving records, identifying notifications that may be made to competent authorities or to the counterparty, and the company’s continuing obligations. The scope, communication arrangements and fees of ongoing legal advisory are set out in writing; litigation, technical audit, certification and foreign law support do not automatically fall within this scope.
OUR APPROACH
From shareable information to an actionable legal plan
Role, subject and access
We determine the applicant’s role, the countries involved, the project stage and any urgent dates. Conflicts of interest and acceptance of the matter are assessed; the classification level of the information and the authority to share it are asked at the outset.
Contract and record review
Where sharing is authorized, we compare the contract, technical annexes, permits, and delivery and acceptance records. We identify missing documents, the liability issues in dispute and approaching application deadlines.
Scope and expert coordination
We explain the legal options, the technical assessment required and any need for foreign law. The conditions for access to information requiring authorization are verified; the scope of work, fees and the method of document sharing are agreed.
Implementation and reporting
Depending on the engagement, we carry out negotiation, application or dispute proceedings. We share matters requiring new decisions, the documents expected from the parties and developments through the agreed communication arrangement.
PREPARING FOR THE INITIAL CONSULTATION
A general business summary instead of confidential technical files at the first stage
The basic information below is sufficient for an initial assessment. Sharing of document contents is planned after access authorization and an appropriate method have been determined.
- The name of the company or organization, your role in the transaction, and a short summary, containing no classified information, of the matter for which you seek legal support.
- Shareable information on whether the project is civil, military or dual-use; the countries involved and the commercial stage.
- If any, the dates of the offer, delivery, acceptance, contractual notice or administrative decision; the upcoming deadline and the general subject of the dispute.
- A list of the documents available, showing which of the contract, permit, license, security, work order, acceptance minutes and correspondence exist.
- After engagement: only contracts and annexes authorized for sharing, decisions, commercial records and the expert reports needed, with the necessary confidentiality measures.
FREQUENTLY ASKED QUESTIONS
Key legal distinctions in defense and aviation projects
Is every defense project subject to the same tender procedure?
No. The purchasing authority, the subject of the procurement, financing and any applicable exceptions are determined. General procurement legislation, special regulations and contract provisions are not treated as the same. Before a tender or contract, it should be examined which procedure and application route applies.
Is a civil-purpose product outside export controls?
A civil-use declaration alone is not sufficient. The characteristics of the product or technology, the relevant control lists, end use, end user and country connections are examined together. For dual-use products and restricted transactions, permit or notification requirements may also arise.
Do other restrictions end once an export permit is obtained?
No. The product, quantity, party, country, duration and scope of use stated in the permit are the basis. The applicable rules of another country, re-export conditions, or payment and transport restrictions may also apply independently. A country’s permit is not interpreted as replacing all other legal obligations.
Can we send the technical file immediately if there is a confidentiality agreement?
No. First, the classification level of the document, the authority to share it, the recipient’s access conditions and the method to be used must be determined. A confidentiality undertaking does not replace a required public permit or security clearance. For initial communication, a general statement containing no project secrets is sufficient.
Does payment for R&D transfer all technology rights?
Payment alone is not sufficient. Pre-existing rights, development results, source code, technical files and production know-how are governed separately as to their use or transfer conditions. Sublicensing and the authority to share with third parties are also determined separately; export control obligations are examined independently.
Is a delivered product deemed accepted?
This result does not arise automatically in every contract. Physical delivery, testing, provisional or final acceptance and payment conditions are determined by the contract. Notices of deficiency, authorized signatures, acceptance criteria and actual use are assessed together. For time-bound notices, it is important to review them without delay.
Is a civil aviation maintenance authorization sufficient for military aircraft?
It is not treated as the same. In civil aviation, SHY-CA and related instructions, the scope of the organization’s approval and the nature of the activity are the basis. Specific regulations and authorizations applicable to military aircraft are assessed separately. Legal advice is not a technical maintenance approval or a service for issuing an airworthiness certificate.
Do existing documents continue automatically after a company or share transfer?
No such conclusion can be drawn in every case. The structure of the transaction, changes in facilities, partnership and management, and the conditions in existing documents and contracts are examined. Required notices, permits, document updates or counterparty consent are determined before closing; a company transfer and the transfer of a project contract are assessed separately.
Does a sanctions or permit problem automatically end the delivery obligation?
No. How the rule applies to the transaction, its foreseeability, notifications and the risk allocation in the contract are examined. Impossibility of performance, force majeure, adaptation or termination consequences may vary depending on the circumstances. The possibility that a permit will not be granted and a legal impediment that has already arisen are not assessed in the same way.
Can we apply for a project with a partner outside Türkiye?
Yes. You may apply with a shareable summary of the transaction connected with Türkiye. Communication is possible in Turkish, English, German and Russian. The applicable foreign law and the need for representation in that country are determined separately; the scope of coordination with a necessary local qualified lawyer is agreed at the outset.
RELATED LEGAL SERVICES
Explore the specific legal dimension of your need
Existing service pages that complete the scope of work specific to this sector.
- International Trade and Customs Law
Export controls, customs, delivery and payment, and cross-border commercial relationships.
- Public Procurement Law
Procurement procedure, tenders, contracts, security and applications concerning public transactions.
- Intellectual Property
R&D results, patents, software, licensing, technology transfer and trade secrets.
- Arbitration Law
Arbitration agreements, proceedings, interim protection and enforcement of arbitral awards.
- Insurance and Reinsurance Law
Coverage, notice, compensation and recourse under aviation and liability policies.
- Personal Data Protection and KVKK
Employee, visitor and business partner data; access, retention and transfer relationships.
- Economic Sanctions, Export Controls and Trade Compliance
Sanctions lists, export controls, and review of end users and destination countries.
GÜNEŞ & GÜNEŞ LAW FIRM
Request a consultation for your project or dispute
Briefly state your role in the transaction, the general subject, the countries involved and any upcoming date. Our client relations assistant will route your request to the relevant assessment. Do not share classified or controlled technical information in the initial application.
We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed. This period is not the delivery time for a detailed legal opinion. For urgent matters or matters requiring special timing, you may get in touch via the main line or WhatsApp.
Contact via WhatsApp (opens in a new tab)info@gunesgunes.com
Submitting a consultation request or documents does not by itself mean that a matter has been accepted, that we represent you, or that time limits are being monitored. The scope of services, fees, authorization and the conditions for access to information are determined separately.
Information and official sources
This page is intended for general information and to describe the scope of services. For a specific transaction, current regulations, the scope of documents and authorizations are assessed together. The banner is an illustrative, AI-generated aviation maintenance scene; it does not show an actual client company or firm project.
- Legislation Information System · Law No. 5201 (opens in a new tab)
- Legislation Information System · Law No. 5202 on Defense Industry Security (opens in a new tab)
- Ministry of Trade · Export of dual-use and sensitive items (opens in a new tab)
- Directorate General of Civil Aviation (SHGM) · Continuing Airworthiness Regulation (SHY-CA) (opens in a new tab)
- SHGM · Maintenance and licensing regulations (opens in a new tab)
- Public Procurement Authority · Current legislation (opens in a new tab)