This law sets the conditions for creating and management of the Economic activities Parks and the incentive scheme applicable to investments carried out in these parks.
The Economic activities Parks are created on the Tunisian territory by a virtue of a decree issued according to a proposal of the Minister of National Economy.
These areas are not subject to the customs system in implementation of its own system created by this law.
Such parks may contain an airport or a port and must be specified and arranged in a way that facilitates the practice of licensed activities.
The regime provided for by this law applies to investments carried out in the Economic activities Parks by all natural or legal persons resident or non-resident in the sectors of production and services completely oriented towards exports.
Investments in the Economic Activities Parks are liberally carried out in foreign currency or convertible dinars and must be declared to the Operator referred to in Article 5.
The activity of the Operator of The Economic Activities Park also benefits from the tax system, foreign trade and exchange stated in this law.
The management of the Economic Activities Park can be granted to any legal entity t by an agreement, referred to in this Act "Operator".
The said agreement is concluded between the Operator and the Minister of National Economy and must be approved by a Decree issued on the advice of the National Investment Commission.
Specifications annexed to the said Convention, shall determine the conditions of management of the Economic Activities Park, the activities that can be carried on and delineate the responsibility of the Operator. A list will set as well the prohibited activities pertaining primarily to safety, the nationally and internationally prohibited materials and products or which affect the ecological balance and the environmental protection.
A framework agreement will establish the internal regulations governing the relationship between the Operator and the investors working in the Economic activities Park
In accordance with the provisions of the specifications provided for in Article 5 above; the Operator is responsible for,
The Operator of the Economic activities Parks shall collect the real estates’ rental fees and the revenues of the rendered services in accordance with the specifications provided for in Article 5.
Infrastructure works are exempt from all taxes and duties.
Companies based in the Economic Activities Parks are subject, in respect of their activities in Tunisia, to the payment of the following taxes, duties, fees and charges :
Without prejudice to the provisions of Articles 12 and 12 bis of Law N° 89-114 of 30th December 1989, promulgating the Tax Code on personal income and corporate tax, investment realized by companies based in the Economic Activities Parks are entitled to the deduction of revenues or profits invested in the subscription to the initial capital of the company or to its increase, revenues or net profits subject to personal income tax or corporate tax.
The benefit from this advantage is subordinated:
to the Registration of profits or of income reinvested in a special account in an undeliverable balance sheet liabilities except in case of transfer of shares or shares giving rise to a deduction benefit, and this is for companies and individuals exercising a commercial activity or a non-commercial profession as defined by the Tax Code on personal income tax and corporate taxes.
Companies that allot all or part of their profits for investment operations can also benefit from the aforementioned abatement, provided that:
The investments made by companies located in the Economic Activities Parks in order to fight against pollution resulting from their activities are eligible for the benefit of the following incentives :
The investments carried out in the field of research and development by companies established in the Economic Activities Parks give entitlement to the following incentives:
This advantage is granted in accordance with Article 42 of the Investment Incentives Code.
The foreign staff recruited in accordance with Article 24 of this Law and the investors or their foreign representatives responsible for company's management benefit :
Transferring the vehicle or the imported effects to a resident is subject to foreign trade formalities and to the payment of duties and taxes in force at the transfer date, calculated on the basis of the vehicle or the effects value at that date.
Investors in the Economic Activities Parks can opt for non-resident status in cases where at least 66% of their capital is held by non-residents Tunisians or foreigners paid by imported foreign currency.
The participation of residents in the capital of the said legal persons, which must be made in foreign currency or convertible dinars, can be performed in accordance with the exchange regulations in force.
The quality of non-resident should be explicitly mentioned in the statutes of the legal person.
Companies created in the Economic Activities Parks by legal persons whose headquarters are abroad are considered as non-residents.
Funding these companies must be carried out by importing foreign currency.
Non-resident investors in the Economic Activities Parks benefit from the guarantee of transferring the invested capital by importing foreign currency and the revenues derived from them.
The transfer warranty covers the real and net revenues for transferring or liquidation even if that amount is greater than the initial capital invested.
Domestic goods and services provided to investors installed in the Economic Activities Parks are considered as exports and as such are subject to the regulation of foreign trade and foreign exchange and to the tax and customs regime applied to exports.
The promotion of goods or services originating from the Economic Activities Parks in the local market is considered as an import and is therefore subject to prior authorization and payment of duties and taxes due on importation.
However, companies operating in the sectors of industry and services may, without prior authorization, sell part of their products or services on the local market, and that, within a proportion not exceeding 30 % of their turnover in accordance with Articles 16 and 17 of the Investment Incentives Code.
Revenues and profits from sales and services supplied by these companies on the local market are subject to income tax or corporation tax under the provisions of the ordinary law.
The duties and taxes due in respect of waste sales to companies authorized by the Ministry of Environment to perform activities of recovery and recycling are suspended. The amount of such sales is not taken into account for determining the maximum amount referred to above and the benefits derived from them are not subject to income tax or corporation tax.
Investors can freely recruit a maximum of four (4) supervisory staff and managers of foreign nationality per company, the recruitment notification are to be made to the Operator of the Economic Activities Park.
The Operator shall notify this recruitment to the Ministries of the Interior, National Economy, Vocational Training and Employment and to the Central Bank of Tunisia.
Only legally allowed people and vehicles can access the Economic Activities Parks.
The conditions and the modalities for access are laid down by a joint decree of the Ministers of Interior, Finances and National Economy.
No person is authorized to reside in the Economic Activities Parks except legally authorized needed personnel.
Any dispute arising between the foreign investor and the Tunisian government, originating from the investor or a measure taken by the government against it, shall be submitted to the competent Tunisian courts, unless a specifically approved agreement stipulating an arbitration clause or allowing the parties to agree on a compromise to resolve such dispute by way of ad-hoc arbitration or through the use of conciliation and / or arbitration institution under any of the following agreements:
Withdrawal and reimbursement do not apply to benefits granted to operation in the period during which the operation actually took place, in conformity with the object under which the benefits have been granted in favour of the project. The tax benefits and bonuses granted to the investment phase, are refunded after deduction of tenth for a year of effective operation in accordance with the object under which the benefits have been granted in favour of the project and that is subject to provisions relating to the regularization of the value added tax under Article 9 of the code of value added tax.
The withdrawal of benefits and reimbursement of premiums are made by reasoned decree of the Minister of Finance following a recommendation or under a proposal of the concerned Operator’s departments and this is after the hearing the beneficiaries by theses departments.
In addition to the penalties under other Acts, any company having sold on the local market some of its production or having provided part of its services in violation of the provisions of article 21 of this Law is liable to a fine of between one thousand and ten thousand dinars, in addition to the forfeiture of the right to benefit from the advantages provided by this Law.
Detection of crime and the recovery of fines are carried out in accordance with the provisions of these Acts, and, after hearing the offender.