./.WORLD TRADE
ORGANIZATIONG/LIC/N/3/TUN/2
11 February 1999
(99-0525)
Committee on Import Licensing Original:  French
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the Agreement
on Import Licensing Procedures
TUNISIA
The following notification, dated 21 January 1999, has been received from the Permanent
Mission of Tunisia.
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Outline of system
1. Tunisia's foreign trade is governed by Law No. 94-411 of 7 March 1994 which establishes the
treatment applicable to importation and exportation.  This Law embodies the principle of freedom offoreign trade, with the exception of a list of products affecting in particular security, public order,
health and protection of the cultural heritage (Article 2 of Law No. 94-41 of 7 March 1994).  Tunisia
does not apply any quantitative or other restrictions on imports to which the free-trade regime applies.
Importers of products covered by this regime have to domicile a commercial invoice through an
approved intermediary, which delivers in return an import certificate enabling the importer to clear the
product in question.  Products excluded from the free-trade regime
1 are imported under cover of a
prior import authorization issued by the Ministry of Trade.
Purposes and coverage of licensing2. The import authorization required for products not included in the free-trade regime falls
under the definition of non-automatic licensing within the meaning of Article 2 of the Agreement onImport Licensing Procedures.  This procedure applies to the products mentioned in Article 2 of the
above-mentioned Foreign Trade Law and published by decree.
3. The import authorization regime applies to all countries without discrimination.
4. The import authorization procedure enables th e administration to apply restrictions on the
quantity of imports.
5. The import authorization regime is established by legislative provision (law).  This legislation
does not permit the administration to draw up the list of products subject to import authorization.Only the Executive Power may establish this list by decree.  The import authorization regime may be
abolished only by the legislature.
                                                     
     1Available for consultation in the Secretariat (Market Access Division) (French only).G/LIC/N/3/TUN/2
Page 2
Procedures
6, 7, 8. The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-17432
of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997 (attached).
Eligibility of importers to apply for a licence
9. Any person, enterprise or institution established in accordance with the current national
regulations is eligible to apply for an import authorization.
Documentational and other requirements for application for licence
10. The information to be included in the import authorization application (as it is titled) concern
in particular the enterprise, products to be imported, suppliers, country of origin and provenance, and
means of transport.  Under Article 5 of the a bove-mentioned Decree No. 94-1743 of 29 August 1994,
the foreign trade documents must be accompanied by the commercial contract or some other
document replacing such contract and, as the case may be, whatever documents the Ministry of Tradeconsiders necessary to examine the application and grant the authorization.
11. When the goods are actually imported, the importer must attach to his customs declaration the
original copy of the import authorization which is in his possession, the invoice used for domiciliation
and the final invoice.
12. A fiscal stamp of one Tunisian Dinar is levied on each import authorization.13. No deposit or advance payment is required in order to obtain an import authorization.
Conditions of licensing
14. The period of validity of an import authoriza tion is 12 months from the date of the decision
by the Ministry of Trade.  However, for certain sensitive products a period of validity shorter than
12 months but no shorter than two months may be indicated on the authorization.
15. There is no penalty for the non-utilization or partial utilization of an import authorization.16. The import authorization is an administrative document issued personally to the beneficiary
and may not be transferred.
Other procedural requirements18. There are no other procedural requirements.19. Under the current foreign exchange legislation, payments for import transactions are not
subject to restriction.
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     2Available for consultation in the Secretariat (Market Access Division) (French only).