Tunisia-Investment Incentives Code
Article-1 : *
The present code fixes the system governing the creation of projects and incentives for investments made in Tunisia by Tunisian or foreign promoters, whether resident or otherwise, or promoters involved in partnerships which comply with the overall development strategy aimed in particular at accelerating the rate of growth and the creation of jobs in activities in the following sectors.
- Agriculture and fisheries,
- Manufacturing industries,
- Public works,
- Education and teaching,
- Professional training,
- Cultural production and industries,
- Promotion for young people and children's education,
- Environmental protection,
- Property promotion,
- Other non-financial activities and services.
The list of activities included in the above-mentioned sectors is fixed by decree.
Article-2 : *
Investments in the activities envisaged in Article 1 of the present code are made freely provided they fulfil the conditions applicable to the exercise of those activities according to current legislation and regulations.
Investment projects are the subject of a declaration presented to the services concerned by the activity. Those services must issue an acknowledgement that the declaration has been presented. The competent services and the content of the declaration required will be specified by the decree mentioned in Article 1 of the present code.
Investments made in certain activities, as well as those made in the other activities fixed by decree, remain subject to prior authorisation by the competent services in accordance with the conditions and regulations envisaged by the specific laws govering them.
Article-3 : *
/Resident or non-resident foreigners are free/to invest in projects realised in the framework of the present code.
However, the participation of foreigners in certain activities of services/not wholly engaged in export,/the list of which is fixed by decree, remains subject to approval by the Higher Investment Commission envisaged by Article 52 of the present code if that participation exceeds 50% of the company's capital.
/Foreigners can invest in the agricultural sector in the framework of the working of rented agricultural land. However, in no case may such investments involve the appropriation of agricultural land by foreigners./
Article-4 : *
The incentives envisaged by the present code are agreed in the form of communal incentives and specific incentives.
Article-5 : *
The provisions of the present code apply to investment operations concerning the creation, extension, renewal, redevelopment or transformation of activities.
Article-6 : *
Except for investments in activities wholly concerned with exports, the benefit of the incentives envisaged by the present code necessitates setting up an investment financing plan comprising a minimum rate of share capital fixed by decree.