Non-Automatic products

Member: 

Basic information

1

Outline of the system

Tunisia's foreign trade is governed by Law No. 94-41 of 7 March 1994 which establishes the treatment applicable to importation and exportation of goods. The Law embodies the principle of freedom of foreign trade, with the exception of a list of products affecting in particular security, public order, health and the protection of cultural heritage (Article 2 of Law No. 94-41 of 7 March 1994). Tunisia accordingly applies no quantitative or other restrictions to imports covered by the free foreign trade regime.
Under the former regulations on procedures for foreign trade operations, as prescribed by Decree 1743 of 29 August 1994, importers of products entering duty free had to deposit an import certificate for domiciliation with an approved intermediary together with a commercial invoice.

The import certificate, which bore the same information as an import authorization, was deposited in quadruplicate. After domiciliation, the approved intermediary kept one of the four originals along with the original of the invoice. He sent another of the four originals to the importer along with a copy of the invoice, and the two remaining originals of the authorization and the other copies of the invoice to the Central Bank of Tunisia.

When clearing the goods through customs, importers had to provide Customs with a copy of the import certificates in their possession together with the invoice used for domiciliation and the final invoice.

Since October 2006, customs clearance of goods requires only domiciliation of the commercial invoice with an approved intermediary, the import certificate having been abolished. This new procedure was established by Decree No. 2006-2619 of 2 October 2006 , which amended Decree No. 94-1743 of 29 August 1994. The new regulations further simplify foreign trade operations, rationalize and reduce the number of documents required by providing (Article 2) that "foreign trade operations and the financial settlement thereof are done under cover of a commercial invoice."

Under the integrated system for automatic processing of foreign trade formalities and in the interests of facilitation, domiciliation of the commercial invoice and confirmation of conformity by customs (imputation douanière) will be done through the TradeNet network, which is accessible to all operators involved in foreign trade. Should any problem arise, importers will still be able to deposit the commercial invoice directly with their approved intermediaries.

Products excluded from the free foreign trade regime are imported under a prior import authorization issued by the ministry responsible for trade.

2

Product coverage

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 on Import Licensing Procedures. This procedure applies to the products mentioned in Article 2 of the above-mentioned Foreign Trade Law and published by decree.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

The import authorization procedure enables the administration to apply restrictions on the quantity of imports.

6

Questions for products under restriction as to the quantity or value of imports

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

7

The system applies to products originating from which country?

The import authorization regime applies to all countries without discrimination.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

Any person, enterprise or institution established in accordance with the current national regulations is eligible to apply for an import authorization.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

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Address

18

Telephone

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Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

The particulars to be entered in the application for an import authorization (which serves as the importation document) include the enterprise, the products to be imported, the suppliers, the country of origin and provenance, and means of transport.

25

What documents is the importer required to supply with the application?

Article 5 of Decree No. 94-1743 of 29 August 1994 requires the foreign trade document to be accompanied by the commercial contract or some other document in its stead, and any other documents the minister responsible for trade considers necessary to examine the application and grant the authorization.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

Issuing the license

28

Can a licence be granted immediately on request?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

30

Which administrative body is responsible for approving application of licences?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

31

Must the applications be passed on to other organs for visa, note or approval?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

32

Are there any other conditions attached to the issue of a licence?

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

A fiscal stamp of one Tunisian Dinar is levied on each import authorization.

34

What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

No deposit or advance payment is required in order to obtain an import authorization.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

41

Are the reasons for any refusal given to applicants?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

43

If so, to what bodies and under what procedures?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

Importation

44

Are there any limitations as to the period of year during which importation may be made?

The import authorization procedures are set out in Articles 24 to 35 of Decree No. 94-1743 of 29 August 1994, as amended by Decree No. 97-1934 of 29 September 1997.

45

What documents are required upon actual importation?

When the goods are actually imported, the importer must attach to its customs declaration the original of the import authorization in its possession, the original of the invoice used for domiciliation and the final invoice.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other procedural requirements.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

The period of validity of an import authorization is 12 months from the date of the decision by the minister responsible for 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.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for the non-utilization or partial utilization of an import authorization.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

The import authorization is an administrative document issued personally to the beneficiary and may not be transferred.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Under the current foreign exchange legislation, payments for import transactions are not subject to restriction.

51

Is a licence required as a condition to obtaining foreign exchange?

Under the current foreign exchange legislation, payments for import transactions are not subject to restriction.

52

Is foreign exchange always available to cover licences issued?

Under the current foreign exchange legislation, payments for import transactions are not subject to restriction.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Under the current foreign exchange legislation, payments for import transactions are not subject to restriction.