Doğrudan Yabancı Yatırımlar Kanunu Çerçevesinde İspat Hakkına Getirilen Sınırlamanın Anayasa’ya Uygunluğu Sorunu

Countries determine their strategies for foreign direct investments within the framework of their sovereign rights. The Foreign Direct Investment Law establishes the basic legal framework for foreign direct investments in Türkiye. According to the preceding law, the statistical information provided by foreign investors to the Undersecretariat regarding their investments can only be used for statistical purposes and cannot be used as evidence. For the administration to be able to claim its rights, it is, however, vital that all information and documentation can be used as evidence. It can be seen from this framework that the relevant regulation is open to discussion from a legal perspective.This study will first explain the concepts of foreign investor and foreign direct investment. Next, it will be determined whether the statistical information reported by foreign investors regarding their investments can be considered trade secrets under the Foreign Direct Investment Law. Trade secrets and the protection mechanisms provided for them in our law will be discussed in this context. Finally, the right of proof and the constitutional guarantees of this right will be analyzed and the constitutionality of the relevant provision of the Foreign Direct Investment Law, limiting the use of statistical information reported by foreign investors regarding their investments as a means of proof, will be evaluated.