Streamlining administrative procedures

Proceeding with the streamlining of administrative procedures and to reduce the number of activities requiring prior authorization by December 2019.

Completion Status:
Partially fulfilled

Commitment filtering:

Specific:yes

This commitment is specific as it targets the review of the laws requiring prior authorisation for economic and investment activities and reducing unnecessary administrative procedures in the field of investment.

Measurable:yes

This commitment is measurable as the ministry has illustrated the actions to be taken to fulfil this commitment. The clear measurable actions identified consist of a revision of the procedures considered irrational and which should be diminished, as well as rationalising all the procedures in general. Actions that must be taken to achieve the commitment are clear and pre-determined by the ministry in the text of the commitment.

Evaluation:

This commitment is a continuation of previous efforts and reforms – such as Act No. 69 of 2007 of 27 December 2007 on stimulating Economic Initiative and Act N° 2016-711 of 30 September 2016 related to investment law – initiated by the Ministry of Investment and International Cooperation and other institutions to reduce the number of activities requiring prior authorisation and to simplify administrative procedures.

This commitment was made in 2018, in the same year of the government’s decree 417-11 May 2018,2 related to the issuance of an exclusive list of economic activities requiring one or several authorisations and the identification and simplification of its procedures. Before the promulgation of this decree, 100 economic activities were subject to prior authorisation. However, in 2018, there were significant reductions in authorisations, requirements and revisions of specifications (cahier des charges). For example, 46 authorisations from the Higher Investment Commission, related to investments by foreigners, and 20 other authorisations from the old investment code were removed.3

The ministry created the Tunisia Investment Authority in 2017 as an application of legislative Act 71 of the 30 of September 2016. This commission is the only focal point for both local and foreign investors. It positions itself as the facilitator for the realisation of investment projects through simple procedures, with a minimum number of authorisations for each investor.

Recommendations
Digitalize investment processes so that all required information and authorisation documents are available online for the investor to decrease the likelihood of corruption within the investment administration or related public service agents.

Set up a common digital platform among the various stakeholders to ensure transparency,

Guarantee equality and to give investors the opportunity to follow the application process.4

Continue the simplification of investment authorisation processes and review the conditions and procedures to reduce unnecessary delays.

Improve coordination and communication with intervening administrative structures to centralise information.

Accelerate the simplification of procedures and authorisations required process and promulgate related legal texts in coordination with the administrative structure to have a clear, simple corruption-preventing system for investors.

Sources:
  1. Journal Officiel de la République Tunisienne, Loi n° 2016-71 du 30 septembre 2016, portant loi de l’i nvestisseme, http://www.mdici.gov.tn/wp-content/uploads/2017/06/Nouvelleloi2016.pdf
    7 October 2016
  2. Ministère du Développement, de l’Investissement et de Coopération Internationale, Governmental Decree No. 417 of 2018, http://www.legislation.tn/fr/detailtexte/D%C3%A9cret%20Gouvernemental-num-2018-417-du-11-05-2018-jort-2018-038__20180380041732#tabs_EN
    11 May 2018
  3. This information was provided by a representative of the Ministry of Development and International Cooperation in an interview
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