Database

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TUNISIA

Since September 2016, last amended in June 2009

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Investment Law No. 71-2016 (Loi No. 2016-71 du 30 septembre 2016, portant loi de l’investissement)
According to Art. 6 of the Investment Law No. 71 -2016, companies are allowed to hire foreign managers up to 30% of their total managerial staff during the first three years after the establishment or commencement of effective production, with a mandatory reduction to 10% from the fourth year, and a maximum of four foreign managers. Exceeding these limits requires the approval of the Ministry of Labour under the Labour Law.
Coverage Horizontal

TUNISIA

Since September 2016, as amended in May 2019
Since May 2018, last amended in April 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment Law No. 71-2016 (Loi No. 2016-71 du 30 septembre 2016, portant loi de l’investissement)

Decree No. 417-2018 relating to the publication of the exclusive list of economic activities subject to authorisation and the list of administrative authorisations for the realization of projects, the related provisions and their simplification (Décret gouvernemental No. 2018-417 du 11 mai 2018 relatif à la publication de la liste exclusive des activités économiques soumises à autorisation et de la liste des autorisations administratives requises pour la réalisation de projets, les dispositions y afférentes et leur simplification)
Art. 3 of Decree No. 417-2018 includes the detailed list in Appendix No. 1 of economic activities that require a license from the competent administrative authorities before any investment can be conducted, specifying the deadlines for obtaining the relevant licenses, their conditions, and procedures. The list includes the communications sector, covering telecom and internet services, as well as commercial activities.
Art. 15-bis of the Investment Law (No. 71-2016), amended by Art. 11 of Law No. 47-2019, creates, within the Tunisian Investment Authority, a commission called the Commission of Authorisations and Approvals, composed of representatives of the ministries and public bodies concerned, which plays a key role in the approval or rejection of investment projects.
Coverage Communication services and commercial activities

TUNISIA

Since August 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 84-2000 on Patents
According to Art. 20 of Law No. 84-2000, an applicant for a patent domiciled abroad shall appoint an agent established in Tunisia.
Coverage Horizontal

TUNISIA

Since December 2001

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tunisia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

TUNISIA

Since February 1994, as amended in June 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 36-1994 on Literary and Artistic Property
Tunisia has a copyright regime under Law No. 36-1994. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 10 of Law No. 36-1994 provided a list of exceptions, which has been expanded by Law No. 33-2009. The list of exceptions includes reproduction for scientific research purposes, reproduction as part of teaching activities, and the communication or reproduction of press articles published in newspapers or periodicals on current economic, political or social topics, among others.
Coverage Horizontal

TUNISIA

Reported in 2020, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Enforcement of copyright in Tunisia remains comparatively weak, with rights holders and international firms pointing to inconsistent enforcement actions and a limited deterrent effect. These shortcomings are reportedly relevant in the audio and video markets, where piracy continues to be widespread, and porous borders facilitate smuggling and the circulation of counterfeit and pirated goods. Furthermore, emerging forms of infringement, such as illegal IPTV streaming, place additional strain on already limited enforcement capacity.
Coverage Horizontal

TUNISIA

Since March 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Tunisia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

TUNISIA

Since March 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Tunisia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TUNISIA

Since April 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020, approving the specifications relating to the organization of the exercise of the profession of commercial advertising agent (Arrêté du ministre du commerce et du ministre du développement, de l’investissement et de la coopération internationale du 17 avril 2020, portant approbation du cahier des charges relatif à l’organisation de l’exercice de la profession d’agent de publicité commerciale)
The Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.
Coverage Advertising sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"104079"},{"post_id":"104080"},{"post_id":"104081"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TUNISIA

ITA signatory? I II

TUNISIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Tunisia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

TUNISIA

Since March 2014, last amended in May 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)
Art. 20 of Decree No. 1039-2014 on public procurement stipulates that up to 20% of the estimated amount of work, goods, services and studies contracted in public tenders shall be awarded to small businesses. Art. 169 further states that if it is impossible to reserve these contracts within the limit of the aforementioned percentage, the public purchaser must indicate the reasons in a report transmitted to the relevant Contracts Control Commission, which expresses its opinion on the reasons mentioned.
Coverage Horizontal

TUNISIA

Since March 2014, last amended in May 2018
Since October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
Decree No. 1039-2014 promotes the participation of national companies alongside foreign bidders in international public procurement. Specifically:
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.
Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.
Coverage Horizontal

TUNISIA

Since March 2014, last amended in May 2018
Since October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
Art. 26 of Decree No. 1039-2014 provides that offers submitted by Tunisian companies (in public works contracts as well as the Tunisian products in all markets to supply goods) would be preferred to offers from foreign firms and products of any origin other than Tunisian, whenever such services and products are of equal quality, and as long as the price of Tunisian products does not exceed more than 10% the amounts of the offers of foreign companies and the prices of foreign goods.
In addition, Art. 12 of Decree-Law No. 68-2022 provides that an additional preference of 20% of the total price of the contract to bids from Tunisian economic operators for contracts for studies, works and the supply of goods and services over bids, from foreign economic operators.
Coverage Horizontal

TUNISIA

Since October 2022
Since April 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)

Law No. 2018-20 of 17 April 2018 on startups (Loi No. 2018-20 du 17 avril 2018, relative aux Startups)
According to Art. 9 of Decree-Law No. 68-2022, public purchasers are required to allocate up to 10% of the provisional value of contracts for studies, works, and the supply of goods and services annually to startups, as defined by Law No. 2018-20, or for innovative purchases. Innovative purchases refer to tenders for novel technical solutions that address the public purchaser's needs and are not currently available on the market. These purchases are intended to enable the public purchaser to distinguish itself, foster innovation, and develop new content and services.
Law No. 2018-20, specifically Arts. 2 and 3, stipulates that a commercial company qualifies as a startup if it meets the following criteria:
- It has been in operation for no more than eight years from the date of its incorporation.
- Its human resources, total assets, and annual turnover do not exceed limits established by government decree.
- More than two-thirds of its capital is held by natural persons, venture capital investment companies, collective venture capital investment funds, seed capital funds, other investment bodies in accordance with prevailing legislation, or by foreign startups.
- It possesses a business model with a substantial innovative dimension, particularly in technology.
- Its activity demonstrates significant potential for economic growth.
Coverage Horizontal

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