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TUNISIA

Since August 1961, last amended in 1985

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
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)
Art. 8 of Decree-Law No. 14-1961 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where the Minister of Trade grants a waiver. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit from the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
Coverage Commercial activities, including e-commerce

TUNISIA

Reported in 2019, last reported in 2025

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Restrictions to online payments
It is reported that there are restrictions on international payments due to Tunisia’s foreign exchange regulations as well as the non-convertibility of the TND. Tunisian credit cards are not approved for transactions in currencies other than the TND and, therefore, cannot be used for purchases made on foreign commercial internet sites. This prevents Tunisian residents from making transactions on international e-commerce sites such as eBay, Amazon, and AliExpress unless they obtain a “Digital Technology Charge Card” issued by the Government. This card was launched in 2015 by the Ministry of Communication Technologies and Digital Economy with Circular 2015-5 of the Tunisian Central Bank. The card can be obtained only by Tunisians with college degrees, and it allows cardholders to make online purchases of software, mobile applications, web services, and publications in support of entrepreneurial activities. Individual users are limited to TND 1,000 (approx. USD 377) in annual purchases (Art. 1). The program has been expanded to include Tunisian IT companies, which are allotted up to TND 10,000 (approx. USD 3,770) annually to purchase online services, including server hosting and freelance programming services.
Coverage Horizontal

TUNISIA

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Tunisia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

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  |  Indicator 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.
Coverage Telecom equipment and computers

TUNISIA

Since September 1994

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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 2021, last reported in 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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 October 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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 April 2020

Pillar Content access  |  Indicator Restrictions on online advertising
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 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). Arts. 6 and 8 of the specifications also require natural and legal persons to provide a bank guarantee. Annexe 2 of the specifications describes the types of activities carried out by commercial advertising agents, including 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

TUNISIA

Since February 2004
Since May 2004

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law No. 5 of 2004 Relating to Information Security (Loi No. 2004-5 du 3 février 2004, relative à la sécurité informatique)

Decree No. 2004-1249 of 25 May 2004, establishing the conditions and procedures for certification of expert auditors in the field of IT security (Décret No.2004-1249 du 25 mai 2004, fixant les conditions et les procédures de certification des experts auditeurs dans le domaine de la sécurité informatique)
Art. 8 of Law No. 5 of 2004 Relating to Information Security stipulates that the profession of expert auditor in IT security requires a licence. This licence, as clarified in Art. 2 of Decree No. 2004-1249, is restricted to individuals of Tunisian nationality. In addition, in order offer such a service in Tunisia, a company needs to employ at least three nationally certified auditors.
Coverage Expert auditors in the field of IT security

TUNISIA

Since July 1990

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
GATT document L/6713
All imports from Israel are banned. According to General Agreement on Tariffs and Trade (GATT) document L/6713, Tunisia has not applied the GATT concerning Israel in accordance with the provisions of Art. 35 of this Agreement since the country's accession in 1990.
Coverage Imports from Israel

TUNISIA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tunisia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

TUNISIA

Since July 2004

Pillar Domestic data policies  |  Indicator Framework for data protection
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)
The Organic Act No. 63-2004 on the Protection of Personal Data provides a comprehensive regime of data protection in Tunisia and sets up the National Authority of Data Protection (INPDP) in charge of its enforcement.
Coverage Horizontal

TUNISIA

Since September 2022

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Decree No. 54 of 2022 relating to combating crimes related to information and communication systems (Décret-loi No. 2022-54 du 13 septembre 2022, relatif à la lutte contre les infractions se rapportant aux systèmes d’information et de communication)
Art. 6 of Decree No. 54-2022 requires telecommunications service providers to keep data stored in their own information system for a period of no less than two years, including geolocation data, personal identification data, and traffic flow data. It is unclear if the information system has to be in the country or not.
Coverage Telecommunications sector

TUNISIA

Since January 2025
Since November 2015
Since January 1978

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Decree No. 74 of 2025 dated January 29, 2025, Concerning the Extension of the State of Emergency (Décret No. 2025-74 du 29 janvier 2025, portant prorogation de l’état d’urgence)

Decree No. 2015-251 of November 24, 2015, Declaring a State of Emergency Throughout the Territory of the Republic (Décret présidentiel No. 2015-251 du 24 novembre 2015, proclamant l’état d’urgence sur tout le territoire)

Decree No. 78-50 of 26 January 1978, Regulating the State of Emergency (Décret No. 78-50 du 26 janvier 1978, réglementant l’état d’urgence)
Under Presidential Decree No. 2025-74 (29 January 2025), Tunisia extended the nationwide state of emergency until December 2025. The ongoing state of emergency has been in effect continuously since November 2015, and has been extended multiple times under the 1978 Emergency Decree (No. 78-50), which reportedly allows them to access electronic devices without a court order.
Coverage Horizontal

TUNISIA

Since December 2014

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
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. 11(3–4) of Decree No. 4773-2014, Internet Service Providers (ISPs) are required to “meet the requirements of the national defence, security and public safety in accordance with the legislation and regulation in force” and to “provide to the relevant authorities all the means necessary for the performance of [their] duties,” including complying with instructions issued by legal, military and national security authorities. In practice, this framework reportedly enables public authorities to require ISPs to cooperate as needed for security and law enforcement purposes, which may involve the disclosure of customers’ information.
Coverage Internet Service Providers (ISPs)

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