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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 (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 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
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

TUNISIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
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 (Décret-loi No. 61-14 du 30 août 1961, relatif aux conditions d'exercise de certaines activités commerciales)
According to Arts. 2, 3, 5, and 8 of Decree-Law No. 14-1961, certain commercial activities in Tunisia are restricted to Tunisian nationals. Foreigners are permitted to hold up to a 50% stake in the capital of companies involved in activities such as commission agents, brokers, commercial agents, consignees, general representatives, and commercial travellers, provided that these businesses are managed by Tunisian nationals. Art. 8 further restricts foreigners from engaging in specified business activities, such as wholesale distribution and retail trading, unless a waiver is granted by the Minister of Trade. Additionally, foreigners wishing to conduct any form of commercial activity, including e-commerce, are required to obtain a foreigner’s trading permit from the Minister of Commerce. This regulatory framework has not been updated 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
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ITA: [{"meta_value":"1.00"}]

TUNISIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.53%
Coverage rate of zero-tariffs on ICT goods (%)
55.55%
Coverage: Digital goods

TUNISIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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

TRINIDAD AND TOBAGO

Since July 2001
Since February 2008

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Telecommunications Act

The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act indicates that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and equipment certification of telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago”, published in September 2008. The regulation mandates that telecommunications equipment must be certified by applying to the TATT with the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not an acceptable certification of compliance with standards by itself.
Coverage Telecom equipment

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Trinidad and Tobago does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act
The Electronic Transactions Act provides a comprehensive framework for consumer protection that also applies to online transactions. Arts. 55-57 of the law establish the minimum information a consumer has to obtain from the provider, which includes the legal name of the provider, means of contact, accurate and accessible information about the good or service, terms and conditions of the payment, a copy of the contract and any details about conditions and policies related to, privacy, withdrawal, termination, return, exchange, cancellation, refunds and electronic authentication. If the above is not provided, the consumer has 30 calendar days to rescind the contract, provided they have not received material benefit.
Coverage E-commerce sector

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Trinidad and Tobago has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Trinidad and Tobago has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Trinidad and Tobago has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since June 2011, entry into force in January 2012

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Act
According to Art. 36 of the Data Protection Act, public entities must ensure or take steps to ensure that personal information in their custody or under their control is stored only in Trinidad and Tobago and accessed only in Trinidad and Tobago unless:
- The individual authorises their data to be exported;
- The information is stored in or accessed from another jurisdiction that has comparable safeguards as provided by the Data Protection Act. To this effect, the Office of the Information Commissioner is to publish a list of acceptable countries to transfer data to, which has not yet been published as Art. 36 is not yet in force and, therefore, is not binding as of this moment.
Coverage Public entities

TRINIDAD AND TOBAGO

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows across borders
Trinidad and Tobago has not taken any binding commitments on open transfers of cross-border data flow. The only agreement in place regarding data flows across borders is the 2008 "Economic Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part", a free trade and development agreement between the EU and the CARIFORUM states, including Trinidad and Tobago. Pursuant the Art. 107, the Parties agree to permit a financial service supplier of the other party to transfer information in and out of their territory if the processing of data is required for the ordinary course of business. Moreover, in Art. 199, the Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the content principle of restrictions on onward transfers, which means that data can only be transferred when the recipient is also subject to rules affording an adequate level of protection.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since June 2011, entry into force in January 2012

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Data Protection Act
The Data Protection Act (DPA) was drafted in 2011 and partially entered into force in 2012. The Articles in force are Part I: Sections 1 to 6, Part II: Sections 7 to 18, 22, 23, 25.1, 26 and 28 (certain powers and duties of the Office of the Information Commissioner ('the Commissioner'); and Part III, Section 42(a) and (b).
Research indicates that no timetable has been set for enacting the remainder of the DPA, and there may be changes to the remainder of the legislation before it is fully proclaimed. In its current form, it regulates data privacy across all sectors, including rules to obtain information and regulations for disclosure of information to parties in different jurisdictions to that of Trinidad and Tobago. Additionally, it lists the 12 General Privacy Principles applicable to all those who handle, store and process data belonging to others.
Coverage Horizontal

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