TUNISIA
Since April 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
The specifications for the exercise of the profession of commercial advertising agent, as set out in the "Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020", require natural persons or legal representatives of legal entities wishing to exercise the profession of commercial advertising agent to hold a national licence or its equivalent or to have completed two years of higher education and to provide evidence of at least one year's professional experience in an advertising agency (Art. 3) and to be of Tunisian nationality (Art. 4). The specifications also require that the legal entity be subject to Tunisian law, be managed by Tunisians and that its foreign capital not exceed 50% (Art. 7). Annex 2 of the specifications describes the types of activities carried out by commercial advertising agents and includes digital communication agencies, which deal with the development of websites and online applications, the creation and management of online content and the management of social media networks.
Coverage Commercial advertising
Sources
- https://www.pist.tn/jort/2020/2020F/Jo0342020.pdf
- https://freedomhouse.org/country/tunisia/freedom-net/2022
- https://commerce.gov.tn/storage/cahier-charge-agrements/February2023/Zs8rVMF0uftGnxzw6UJO.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s341_e.pdf
- https://communication.commerce.elastic-solutions.com/exercice-de-la-profession-d-agent-de-publicite-commercial
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TUNISIA
Since December 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Decree No. 4773 of 26 December 2014 fixing the conditions and procedures for allocating authorizations for ISP activities
Art. 3 of Decree No. 4773 stipulates that any legal entity wishing to obtain a licence as an Internet service provider must, inter alia, meet the requirement of having a majority shareholding by Tunisian owners.
Coverage Internet service providers (ISPs)
TUNISIA
Since March 2014
Since October 2022
Since October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on Public Procurement
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree No. 1039-2014 encourages the participation of national companies with foreign bidders in international public procurement. In particular:
- The specifications encourage foreign bidders to entrust local companies with the execution of the maximum number of orders, products, equipment or services in all cases where local industry and companies are likely to respond to an object part of the command (Art. 22);
- The specifications encourage foreign studies offices to associate one or more Studies Tunisian Studies offices or Tunisian experts (Art. 23);
- When foreign companies specializing in the industrial sector and the development of computer content and software are called upon, the specifications provide incentives with a view to associating specialized Tunisian companies, selected according to announced criteria (Art. 24).
Art. 10 of the Decree No. 68-2022 mandates that foreign bidders must engage local companies to carry out at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.
- The specifications encourage foreign bidders to entrust local companies with the execution of the maximum number of orders, products, equipment or services in all cases where local industry and companies are likely to respond to an object part of the command (Art. 22);
- The specifications encourage foreign studies offices to associate one or more Studies Tunisian Studies offices or Tunisian experts (Art. 23);
- When foreign companies specializing in the industrial sector and the development of computer content and software are called upon, the specifications provide incentives with a view to associating specialized Tunisian companies, selected according to announced criteria (Art. 24).
Art. 10 of the Decree No. 68-2022 mandates that foreign bidders must engage local companies to carry out 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
Since October 2022
Since October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on Public Procurement
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
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 do 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.
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
Sources
- http://www.marchespublics.gov.tn/onmp/documents/document.php?id=456&lang=fr
- https://thedocs.worldbank.org/en/doc/521131520270746758-0050022018/render/Tunisia.pdf
- https://www.energiemines.gov.tn/fileadmin/docs-u1/D%C3%A9cret-loi2022_68.pdf
- https://www.leaders.com.tn/article/34021-slim-besbes-les-nouvelles-mesures-relatives-a-l-amelioration-de-l-efficacite-de-la-realisation-des-projets-publics-et-prives
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TUNISIA
Since October 2022
Since April 2018
Since April 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
Law No. 2018-20 of 17 April 2018 on startups
Law No. 2018-20 of 17 April 2018 on startups
Art. 9 of Decree-Law No. 68-2022 provides that the public purchaser shall set aside annually for the benefit of startups, as defined by Law No. 2018-20, or for the benefit of innovative purchases, a percentage up to a limit of 10% of the provisional value of contracts for studies, works and supplies of goods and services.
Innovation purchases are defined as invitations to tender for innovative technical solutions which meet the needs of the public purchaser and which do not exist on the market and which enable the public purchaser to stand out, innovate and develop content and services. Arts. 2 and 3 of Law No. 2018-20 state that any commercial company shall be deemed to be a startup if it has obtained the startup label, which shall be granted to a company that meets the following conditions: - It has been in existence for no more than eight years from the date of its incorporation. - Its human resources, total assets and annual turnover do not exceed ceilings set 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 and any other investment body in accordance with the legislation in force, or by foreign startups. - Its business model has a strong innovative dimension, particularly technological. - Its activity has strong potential for economic growth.
Innovation purchases are defined as invitations to tender for innovative technical solutions which meet the needs of the public purchaser and which do not exist on the market and which enable the public purchaser to stand out, innovate and develop content and services. Arts. 2 and 3 of Law No. 2018-20 state that any commercial company shall be deemed to be a startup if it has obtained the startup label, which shall be granted to a company that meets the following conditions: - It has been in existence for no more than eight years from the date of its incorporation. - Its human resources, total assets and annual turnover do not exceed ceilings set 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 and any other investment body in accordance with the legislation in force, or by foreign startups. - Its business model has a strong innovative dimension, particularly technological. - Its activity has strong potential for economic growth.
Coverage Horizontal
Sources
- https://www.energiemines.gov.tn/fileadmin/docs-u1/D%C3%A9cret-loi2022_68.pdf
- https://igppp.tn/sites/default/files/Décret-loi2022_68.pdf
- https://www.mtc.gov.tn/fileadmin//user_upload/Loi2018_20.pdf
- https://www.leaders.com.tn/article/34021-slim-besbes-les-nouvelles-mesures-relatives-a-l-amelioration-de-l-efficacite-de-la-realisation-des-projets-publics-et-prives
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TUNISIA
Since March 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement
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 we 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
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.53%
Coverage rate of zero-tariffs on ICT goods (%)
55.50%
Coverage: Digital goods
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
São Tomé e Príncipe lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the United Nations (UN) Convention on the Use of Electronic Communications
São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
São Tomé e Príncipe does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that the country applies informally a de minimis threshold of 29 USD.
Coverage Horizontal
Sources
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://zonos.com/docs/guides/de-minimis-values
- https://zhenhub.com/blog/customs-duty-de-minimis-values-by-country-2022/
- https://portaldocomercio.leadershipbt.com/wp-content/uploads/2022/05/IPP-Sistema-Harmonizado-DR-n.o-39.pdf
- https://portaldocomercio.leadershipbt.com/wp-content/uploads/2022/05/Codigo-aduaneiro-e-GUE-1.pdf
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SAO TOME AND PRINCIPE
Reported in 2023
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
Sources
- https://www.stp-press.st/2023/05/17/uit-vai-ajudar-sao-tome-e-principe-a-modernizar-os-servicos-das-telecomunicacoes/
- https://ager.st/images/Decreto_28_2011_Licenca_STPC.pdf
- https://ager.st/documentation/decreto_lei_3_2004.pdf
- https://www.itu.int/en/membership/Documents/signatories-pp10.pdf
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SAO TOME AND PRINCIPE
Since April 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 02/2017 - Copyright and Related Rights Code (Decreto Lei Nº 02/2017 - Código do Direito de Autor e Dereitos Conexos)
Art. 143 of Decree-Law No. 02/2017 states that any person who imports, manufactures and sells physical carriers for phonographic and videographic works shall inform the Directorate-General of Culture of the quantities imported, manufactured and sold, and the authors may also inspect the warehouses and factories of the physical carriers. Any person who manufactures or duplicates phonograms and videograms shall regularly and directly inform the Directorate General of Culture of the quantities of phonograms and ideograms which they manufacture or duplicate and shall produce documentary proof of the a authorization of the respective author. The Directorate-General of Culture shall define the frequency and the method of the communications above-referred.
Coverage Phonographic and videographic works