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TUNISIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Tunisia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

TUNISIA

Since August 1961, last amended in 1985

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities
According to Arts. 2, 3, 5 and 8 of Decree-Law No. 14-1961, some commercial activities are restricted to Tunisian nationals. Foreigners may hold up to 50% stake in the capital of companies engaged in certain activities, provided that they are managed by Tunisians. These activities are: commission agent, broker, commercial agent, consignee, general representative, general or sales agent, irrespective of the designation under which the activity is carried out; and commercial traveller. Art. 8 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where a waiver is granted by the Minister of Trade. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit by the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.
Coverage Commercial activities, including e-commerce

TUNISIA

Since March 2014
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 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.
Coverage Horizontal

TUNISIA

Since March 2014
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
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.
Coverage Horizontal

TUNISIA

Since October 2022
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
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.
Coverage Horizontal

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
"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":"41421"},{"post_id":"41422"},{"post_id":"41423"}]
"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

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 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 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 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

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

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