Database

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TUNISIA

Since September 2016, entry into force in January 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Investment Law No. 71-2016 (Loi No. 2016-71 du 30 septembre 2016, portant loi de l’investissement)
According to Art. 6 of the Investment Law No. 71 -2016, companies are allowed to hire foreign managers up to 30% of their total managerial staff during the first three years after the establishment or commencement of effective production, with a mandatory reduction to 10% from the fourth year, and a maximum of four foreign managers. Exceeding these limits requires the approval of the Ministry of Labour under the Labour Law.
Coverage Horizontal

TUNISIA

Since May 2018, last amended in April 2022
Since September 2016, entry into force in January 2017, as amended in May 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Decree No. 417-2018 relating to the publication of the exclusive list of economic activities subject to authorisation and the list of administrative authorisations for the realization of projects, the related provisions and their simplification (Décret gouvernemental No. 2018-417 du 11 mai 2018 relatif à la publication de la liste exclusive des activités économiques soumises à autorisation et de la liste des autorisations administratives requises pour la réalisation de projets, les dispositions y afférentes et leur simplification)

Investment Law No. 71-2016 (Loi No. 2016-71 du 30 septembre 2016, portant loi de l’investissement)
Art. 3 of Decree No. 417-2018 includes the detailed list in Appendix No. 1 of economic activities that require a license from the competent administrative authorities before any investment can be conducted, specifying the deadlines for obtaining the relevant licenses, their conditions, and procedures. The list includes the communications sector, covering telecom and internet services, as well as commercial activities.
Art. 15-bis of Law No. 71-2016, amended by Art. 11 of Law No. 47-2019, creates, within the Tunisian Investment Authority, a commission called the Commission of Authorisations and Approvals, composed of representatives of the ministries and public bodies concerned, which plays a key role in the approval or rejection of investment projects.
Coverage Communication services and commercial activities
Sources

TUNISIA

Reported in 2016, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Reported investment screening
It is reported that high-value joint ventures involving foreign investors require approval from the Tunisian Government, which evaluates the potential benefits of the investment for the national economy.
Coverage Horizontal

TUNISIA

Since August 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 84-2000 on Patents
According to Art. 20 of Law No. 84-2000, an applicant for a patent domiciled abroad shall appoint an agent established in Tunisia.
Coverage Horizontal
"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":"93593"},{"post_id":"93594"},{"post_id":"93595"}]
"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  |  Indicator 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: ICT goods

TUNISIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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

Since March 2014

Pillar Public procurement of ICT goods and online services  |  Indicator 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 March 2014
Since October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
Decree No. 1039-2014 promotes the participation of national companies alongside foreign bidders in international public procurement. Specifically:
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.
Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for 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  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
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 does 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  |  Indicator 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 (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)

Law No. 2018-20 of 17 April 2018 on startups (Loi No. 2018-20 du 17 avril 2018, relative aux 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

Reported in 2022, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
It is reported that although an electronic public procurement system was introduced in 2018 to enhance transparency, competition for government tenders remains vulnerable to corruption.
Coverage Horizontal

TUNISIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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 April 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator 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 (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 Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.
Coverage Advertising sector

TUNISIA

Since December 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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, 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 Internet Services Provider (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 Internet service providers (ISPs)

TUNISIA

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

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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 stipulates that operating a virtual telecommunications network requires prior authorisation from the Minister responsible for telecommunications, following consultation with the Instance Nationale des Télécommunications (INT). Decree No. 2014-412 outlines the conditions and procedures for obtaining this authorisation, with Art. 5 specifying that any legal entity applying for a licence must ensure majority ownership by Tunisian shareholders. Under Law No. 1 of 2001, a virtual telecommunications network operator is defined as a legal entity authorised to provide telecommunications services using a network and radio frequencies it does not own.
Coverage Virtual telecommunications network operators

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