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TUNISIA

Since October 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Joint communication between the Ministry of Trade and Export Development and the Ministry of Industry, Mines and Energy
In October 2022, Tunisia introduced mandatory import licences for 130 product categories, including webcams. The list of affected products was published by the Tunisian Ministry of Trade and Export Development; however, the measure was neither published in the Official Journal of Tunisia nor notified to the WTO.
Under this measure, importers seeking to bring any of the covered goods into Tunisia must first obtain an import licence from the relevant Tunisian ministry. To do so, they must submit an importation file to the competent authorities. This application file must include several documents, such as:
- A certificate issued by an official authority of the exporting country attesting to the legal status of the factory and its operating licence;
- Proof that the factory has a quality control system (e.g., a certificate detailing established quality procedures, ISO standards, or self-certification);
- A list of the products to be imported, among other required documents.
Additionally, Tunisian authorities reserve the right to request further documentation to verify the quality and safety of imported goods or to require product samples for inspection. There are no clear or publicly available deadlines for processing these applications. Based on available information, processing times may range from 48 hours to four months.
Coverage Webcams
Sources

TUNISIA

Since August 1994, last amended in October 2019
Since September 2005
Since August 1994, last amended in September 2005

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree 94-1744 of 29 August 1994 relating to the methods of technical control on import and export and the organisations empowered to exercise it (Décret No. 94-1744 du 29 août 1994, relatif aux modalités de contrôle technique à l'importation et à l'exportation et aux organismes habilités à l'exercer)

Order of the Minister of Trade and Crafts of 15 September 2005, amending of the Order of the Minister of National Economy of 30 August 1994 fixing the list of products subject to technical control for import and export (Arrêté du Ministre du Commerce et de l'Artisanat, du 15 septembre 2005, portant modification l'Arrêté du Ministre de l'Economie Nationale du 30 août 1994, fixant les listes de produits soumis au contrôle technique à l'importation et l'exportation)

Order of the Minister of National Economy of 30 August 1994 fixing the list of products subject to technical control for import and export (Arrêté du Ministre de l'Economie Nationale du 30 août 1994, fixant les listes des produits soumis au contrôle technique à l'importation et à l'exportation)
Decree No. 94-1744 was implemented by the Order of the Minister of Trade and Crafts of 15 September 2005, which amended the Order of the Minister of National Economy of 30 August 1994 to define the list of products subject to technical import control. Arts. 3–10 of the Decree establish a technical import control system, which varies depending on the nature of the product. There are three types of controls, generally conducted at the point of clearance before Customs authorises release:
- List A products are subject to systematic control;
- List B products require a certificate of compliance;
- List C products must meet specific technical specifications.
For List A products—such as telecommunications equipment and computers—technical control is systematic and may take different forms, including a desk review of documents, sample testing, physical inspection of goods, or laboratory analysis. However, reports indicate that the specific procedures for control are unclear, granting discretionary power to technical control authorities. Additionally, it is reported that controls are not based on risk analysis, Tunisian technical norms have not been notified to the WTO, and when laboratory analysis is required, the clearance process is prolonged, delaying commercialisation and increasing storage costs.
Coverage Telecom equipment and computers
Sources

TUNISIA

Since September 1994

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Circular No. 14-94 of the Central Bank of Tunisia related to Financial regulation of imports and exports of goods (Circulaire aux Intermedaires Agrees No. 94-14 du 14 Septembre 1994)
Arts. 5-9 of Circular 94-14 prohibits the export of foreign currency from Tunisia as payment for imports prior to the presentation of documents to the importer’s bank confirming shipment of the merchandise from the country of origin. In addition, the Central Bank of Tunisia prohibits Tunisian purchasers from using foreign currency to pay for specific imported goods until their banks confirm that they have sufficient foreign currency in their accounts. It is reported that these requirements are a source of confusion and difficulty for some foreign companies.
Coverage Horizontal

TUNISIA

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Inconsistent application of customs processes
It is reported that customs processing remains cumbersome. The inconsistent application of customs processes within the Tunisian Customs Administration is reported to be a significant obstacle for importers. Risk management and other targeting activities are primarily conducted manually, involving the review of large volumes of entry documents in paper form.
Coverage Horizontal

TUNISIA

Since January 2001, last amended in April 2013
Since January 2020
Since April 2019

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)

Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)

Law No. 38-2019 Establishing an Accreditation System for Conformity Assessment Bodies (Loi 38 -2019 portant institution un système d'accréditation des organismes d'évaluation de la conformité)
Art. 32 of Telecommunications Code Telecommunications terminal equipment imported or manufactured in Tunisia and intended for marketing or public use, as well as radio terminal equipment, whether or not intended for connection to the public telecommunications network, are subject to prior authorisation. Decree No. 48-2020 regulates the terms and conditions of this authorisation. Art. 6 of Government Decree No. 48-2020 provides that these products must first be approved by type, brand and model by the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center). Art. 11 states that the CERT is responsible, in collaboration with the bodies concerned in the field of telecommunications, for drawing up the technical requirements for approval and technical conformity.
The Tunisian Accreditation Council (TUNAC) evaluates and accredits conformity assessment bodies and it has implemented mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the European Cooperation for Accreditation (EA) for the accreditation of laboratories for analysis, testing, and calibration. Yet, it is reported that local testing is required for new approvals.
Coverage Telecom terminal equipment and radio equipment

TUNISIA

Since January 2001, last amended in April 2013

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
Arts. 9 and 87 of the Telecommunications Code ban the use of encryption and prescribe penalties of up to five years in prison for unauthorised use of such tools.
Coverage Telecommunications sector

TUNISIA

Since January 2020

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)
Art. 8 of Government Decree No. 2020-48 provides that any natural person or legal entity wishing to approve telecommunications equipment or radio equipment enabling the encryption of data exchanged over telecommunications networks is required to declare to the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center) the technical characteristics of the encryption method. The CERT examines the content of the declaration, checks that it complies with the encryption method used in the equipment, and decides on the application for approval.
Coverage Telecommunications sector

TUNISIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tunisia's law and jurisprudence.
Coverage Internet intermediaries

TUNISIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tunisia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. According to Art. 26-bis of Law No. 1-2001 promulgating the Telecommunications Code, operators of public telecommunications networks and access networks undertake to keep analytical accounts distinguishing between each network and each service and to refrain from any anti-competitive practices, in particular cross-subsidisation.
Coverage Telecommunications sector

TUNISIA

Since January 2001, last amended in April 2013

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
Art. 5 of Law No. 1 of 2001 states that the provision of telecommunication services is subject to prior authorisation by the Minister responsible for Telecommunications. Subject to the provisions of Art. 5 of the Code, Art. 8 establishes that the provider of telecommunications services must meet the following conditions:
- for natural persons, they must be of Tunisian nationality;
- in the case of a legal entity, it must be incorporated in accordance with Tunisian law.
A telecommunications service is defined as any service that provides telecommunications between two or more users.
Coverage Telecommunications sector

TUNISIA

Since January 2001, as amended in April 2013
Since January 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)

Decree No. 2014-412 of 16 January 2014, setting the conditions and procedures for granting authorisation to operate a virtual telecommunications network (Décret No. 2014-412 du 16 janvier 2014, fixant les conditions et les procédures d'octroi de l'autorisation pour l'exercice de l'activité d'opérateur d'un réseau virtuel des télécommunications)
Art. 31 ter of Law No. 1 of 2001 requires prior authorisation from the Minister responsible for telecommunications to operate a virtual telecommunications network. This authorisation is granted after consultation with the Instance Nationale des Télécommunications (INT). The conditions and procedures for obtaining the authorisation are detailed in Decree No. 2014-412.
Art. 5 of the Decree specifies the following requirements:
- The legal representative of the applicant must be a Tunisian citizen and hold either a higher education degree, an equivalent qualification, or certified training at the same level in information technology, telecommunications, or multimedia.
- The applicant must be a legal entity established under Tunisian law with a minimum share capital of TND 150,000 (approx. USD 48,500), which must be owned nominally and primarily by Tunisian nationals.
Coverage Virtual telecommunications network operators

TUNISIA

Since December 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree No. 4773-2014 fixing the conditions and procedures for allocating authorisations for ISP activities (Décret No. 2014-4773 du 26 décembre 2014, fixant les conditions et les procédures d'octroi d'autorisation pour l'activité de fournisseur de services internet)
According to Art. 2 of Decree No. 4773-2014, Internet Service Providers (ISPs) must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an ISP must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.
Coverage Telecommunications sector

TUNISIA

Since April 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Tunisia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of Commitments annexed to the Fourth Protocol on Basic Telecommunications.
Coverage Telecommunications sector

TUNISIA

Since January 2001, as amended in May 2002, last amended in April 2013

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
It is reported that the Instance Nationale des Télécommunications (INT, National Telecommunications Authority), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. Art. 63 (bis) of Law No. 01-2001 provides that the INT shall have legal personality and financial autonomy.
Coverage Telecommunications sector

TUNISIA

Since July 2004

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Organic Act No. 2004-63 of 27 July 2004 on the Protection of Personal Data (Loi organique No. 2004-63 du 27 juillet 2004, portant sur la protection des données à caractère personnel)
Pursuant to Organic Act No. 2004-63, the transfer of personal data is generally prohibited or subject to strict measures. According to Art. 52, prior authorisation from the Tunisian Data Protection Authority (Instance Nationale de Protection des Données à caractère Personnel, INPDP) is required in all circumstances. In addition, according to Art. 50, it is forbidden to transfer personal data to a foreign country that is likely to harm the public security or vital interests of Tunisia. Lastly, according to Art. 51, the transfer of personal data is not permitted in countries which do not provide an adequate level of data protection. It should be noted that Art. 22 provides that the natural person or the legal representative of the legal entity wishing to carry out the processing of personal data and their agents must meet the following conditions: be of Tunisian nationality; be a resident of Tunisia; and have no criminal record. These conditions also apply to the subcontractor and its agents.
Coverage Horizontal

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