EXCHANGE REGULATION OF BCT

            
CAPITAL TRANSACTIONS

Foreign investments in Tunisia


Direct foreign investments
Foreign investment in projects in Tunisia is free at the level of creation and expansion. If is submitted to prior authorization for projects achieved in some sector activity.

Law n° 92-81 of August 3, 1992
Law n° 93-120 of December 27, 1993
Law n° 94-42 of March 7, 1994

Portfolio foreign investments
Foreign investment in portfolio in Tunisia is subdued to regulation into force as mentioned in the following texts:

Decree n° 77-608 of July 27, 1977.
Circular of the BCT to AI n° 98-02 of January 26, 1998
General decision of the Financial Market Council n° 1 of November 5, 1997
Circular of the BCT to  AI n°2004-03 of July 19, 2004 as modified by circulars of the BCT to AI n°2005-19 of  November 8, 2005 and n°2007-10 of  April 17, 2007.
Circular of the BCT to  AI n°2006-08 of August 1st , 2006 as modified by circular of the BCT to AI n°2007-11 of  April 17, 2007.

Non-residents having made investments, pursuant to the regulation into force, are free to transfer net real proceeds and added value of the assignment or liquidation of their invested assets through foreign currency import.

Law n° 76-18 of January 21, 1976

Tunisian investments abroad

In order to finance their foreign investment:

1- Resident companies can transfer, in line with their foreign currency turnover for the previous financial year, which must not be less than TD 50 thousand dinars :

From TD 50 thousand to TD 500 thousand for financing liaison or representation agencies,

From TD 100,000 to TD 1,000,000 for financing branches, subsidiaries and capital acquisition.

The mentionned companies financing the above stated investment through the debit of their professional accounts in foreign currency may carry out transfers in this respect within the limit of 3,000,000 dinars per year, regard less of the type of investment and of the foreign currency turnover of the considered company.
Funds available in the professional accounts in foreign currency used in this respect must be derived from the company's exports of goods and services.
Funds needed for financing investment must be fully available in the account when the transfer is carried out.

2- Non-exporting resident companies or those having recorded foreign currency turnover of less than TD 50 thousand can transfer :

From TD 30 thousand to TD 150 thousand for the liaison or representation agencies,

And from TD 60 thousand to TD 300 thousand for branches, subsidiaries and capital acquisition in companies set up abroad.

Exchange note of the Minister of finance n° 4 of January 18, 2005, published in the Official Journal of the Tunisian Republic n° 5 of January 18, 2005 as modified by exchange note of the Minister of finance of march 2, 2007 published in the official journal of the Tunisian Republic n°18 of march 2, 2007.
Circular of the BCT to AI n° 2005-05 of February 16, 2005 as modified by the circular to AI n°2007-08 of April 10, 2007.

Shareholding of residents in the capital of non resident companies set up in Tunisia

Resident private individuals and Tunisian legal entities or foreign legal entities established in Tunisia are authorised to hold shares in the capital of non resident companies set up in Tunisia and carryout related transfers. Terms for carrying out these transfers by the authorised intermediaries are fixed in circular of the BCT.

Exchange note of the Minister of finance of 2 March 2007 published in JORT n°18 of 2 March 2007and Circular of  the BCT to AI n°2007-23 of 10 October 2007. 


  External borrowings
  • Resident companies may, for their activitie's needs, borrow freely from non-residents in foreign currency up to 10 millions dinars per calandar year for lending institutions and 3 million dinars for the other companies. When they are granted for a period of more than 12 months, these loans are borrowed freely and without a limit for the amount for the lending institutions and within a limit of 10 millions dinars per year for the other companies. However, the lending institutions must be subdued to a prior voluntary assesment of a rating agency ,or quoted at the stock exchange market.
  • Transfers related to principal reimbursement and interest payment of these borrowing are free.   

Circular of the BCT to AI n° 93-16 of October 7, 1993, as modified by circular of BCT to IA n° 2005-03 of January 4, 2005 and circular of the BCT to AI n°2007-01 of January 9, 2007.

 

Opening accounts abroad

Resident companies having incurred contracts to provide services or to accomplish works on behalf of non-residents abroad, are authorized, to freely open at banks of countries where these contracts are carried out, accounts in currencies of these countries to save part of the income collected in this respect and meant to cover local expenditure.
This procedure concerns exclusively contracts incurred in foreign countries where the law into effect calls for the use of part of the income to cover local expenditure in national currency.
At the end of the contract, the resident company must settle any account that was opened abroad in the local currency and remit the credit amount of this account as per the law into effect.

Circular of the BCT to AI n° 2008-08 of 28 April 2008.

Index | Capital transactions | Foreign trade | Current payments
Residents' & nonresidents' accounts | General aspects


 
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