Tunisia Country Profile

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General Information

Political Climate

Endemic corruption in Tunisia was one of the triggers that sparked the Tunisian Revolution and subsequently the Arab Spring. On 4 January 2011, Tunisians voiced their discontent with the state of corruption that has permeated all levels of government. As the protests continued, President Ben Ali and his family were forced into exile in Saudi Arabia, ending his 23 year single-party reign. Ben Ali and his wife were each sentenced to 35 years in prison in absentia, after having been found guilty of embezzlement and misappropriation of public funds. In addition, more than 30 family members of Ben Ali and his wife were arrested, and some were charged with economic crimes and abuse of power . The Global Financial Integrity estimate, as cited in a 2011 press release by Financial Integrity and Economic Development , indicates that Tunisia lost more than USD 1 billion per year between 2000 and 2008 due to corruption, bribery , kickbacks , trade mispricing and criminal activities.

However, on a more positive note, an anti-corruption initiative flourished in December 2012 when the National Constituent Assembly presented the National Anti-Corruption Strategy, which is based on four main elements: the establishment of a national system of integrity, the promotion of the independent National Anti-Corruption Authority, boosting the participation of civil society and the training of specialised journalists. Nevertheless, an April 2012 article by ANSAmed reveals that suspicion towards the new government's efforts is gaining among Tunisians, as corruption and nepotism are still widespread in the country. In June 2012, the country's administrative reform minister, the minister in charge of rooting out corruption, resigned. He stated, according to a July 2012 Financial Times article, that the government failed to give him adequate resources to do his job. The same view is also reflected in public opinion. According to Transparency International's Global Corruption Barometer 2013 , 57% of the surveyed believe that the government is ineffective in fighting corruption, while only 11% believe that it is effective. Furthermore, 61% of the surveyed believe that corruption has increased a lot in Tunisia over the past two years.

According to the Bertelsmann Foundation 2012 , corruption is perceived to be significant, despite it being considered less pervasive when compared to the neighbouring countries. Furthermore, despite the efforts of the interim government to crackdown on corruption, efforts are still considered to be limited. For instance, government officials are not required to disclose their income or assets, as reported by the US Department of State 2012 . Corrupt practices have also been detected within the government. According to a January 2013 article published by AlMasdar , a Tunisian journalist recently accused Foreign Minister Rafik Abdessalam of wasting and squandering public money. The journalist unveiled that a secret transfer of USD 1 million took place from China and into a private account of the Foreign Ministry. A government lawyer denied any suspiciousness involving the payment, claiming that the sum was a gift from China and a contribution to the China-Arab meeting, which took place in May 2012. The Secretary of State confirmed the existence of the payment and demanded the transfer of the money to the treasury, as the law requires the transfer of all funds and donations from abroad to the state budget. Nevertheless, the article notes that critics have demanded an investigation into the legitimacy of the Foreign Ministry's private bank account, as well as a detailed inspection of the USD 1 million payment.

Business and Corruption

According to the Bertelsmann Foundation 2012 , while private enterprises, or more specifically, private groups owned by influential families, have come to form the backbone of the economy, state-owned enterprises continue to enjoy a de facto privileged position, with close political and administrative ties and easier access to financing. According to a Bloomberg Businessweek 2011 news article, the family allegedly controlled half of the business community in Tunisia. One June 2008 cable, cited in a Business Insider ’s 2011 article, claims that ‘Tunisian business people joke that the most important relationship you can have is with your banker, reflecting the importance of personal connections, rather than a solid business plan in securing financing.'

The financial sector in Tunisia is rife with serious allegations of corruption and financial mismanagement, as reported in a June 2011 article by Global Security . Nevertheless, the US Department of State 2013 reports that corruption is not identified as a primary source of concern for investors in Tunisia. Corruption involving routine procedures for doing business does exist but does not impose significant barriers to doing business. This is also supported by the World Economic Forum's Global Competitiveness Report 2013-2014 , where business executives rank corruption as the tenth most problematic factor for doing business in Tunisia, while inefficient government bureaucracy, access to financing and government instability are ranked as the most constraining problems. Furthermore, the Revolution in 2011 left its mark on the economy as multiple strikes and protests have deterred foreign investors.

The Global Competitiveness Report 2013-2014 reports that business executives demonstrate a relatively low-degree of trust in government officials to make decisions objectively and not favour well-connected companies or individuals when deciding policies and contracts. Furthermore, according to the US Department of State 2013, some investors have claimed that unfair practices and corruption among prospective local partners have delayed or blocked specific investment proposals, or cronyism or influence peddling has changed some investment decisions. This is also supported by Bertelsmann Foundation 2012, which notes that investors prioritise having the right connections or middlemen when collaborating on business in order to overcome administrative hurdles to investment or public procurement. Tunisia has a comprehensive law specialised in regulating each stage of public procurement, and it has established the Commission Supérieure des Marchés (CSM; Higher Market Commission) to oversee tenders and major contracts. Nevertheless, companies are still recommended to use a specialised Public Procurement Due Diligence Tool to mitigate corruption risks involving procurement in Tunisia. Moreover, companies are generally recommended to develop, implement and strengthen integrity systems and to conduct extensive due diligence on business agents and other intermediaries.

Regulatory Environment

The Government of Tunisia has adopted policies designed to promote foreign investment and to attract foreign investors, while at the same time continuing to enact legislation and implement protectionist measures to protect local industry, as reported in the US Department of State 2012 . However, the 2011 Revolution did affect the flow of investments and the restoration of the economy represents a huge challenge for the government. A March 2012 article published by the European Geopolitical Forum reports that the current government should focus on tackling the economic obstacles such as anarchy, smuggling and tax evasion. The US Department of State 2013 points out that some bureaucratic procedures remain cumbersome and time-consuming, particularly in regard to foreign employee work permits, commercial operating licence renewals, infrastructure-related services and customs clearance for imported goods. Furthermore, according to the World Bank & IFC's Doing Business 2014 , Tunisia has made starting a business more difficult by increasing the costs of company registration.

According to Freedom House 2012 , the National Constituent Assembly (NCA) is committed to a more transparent business sector. The transitional government found that a large proportion of statistics and reports on the Tunisian economy were falsified and manipulated during the Ben Ali administration. Today, the reports are released to the National Statistics Institute and to the Office of the Deputy Prime Minister for Anti-Corruption on a regular basis. Furthermore, the NCA established an economic committee in charge of investigating anti-competitive economic practices and corruption. The one-stop shop of the Agence de Promotion de l'Industrie (API; Industry Promotion Agency), located at API’s head office in Tunis and at its regional offices in Sousse and Sfax, has representatives from a number of governmental authorities, such as the Ministry of the Interior and Customs. An online portal, Portail de I’Industrie Tunisienne (Tunisian Industry Portal), developed by the API contains comprehensive online information related to starting a company, such as investing ideas, business plans, a directory of industrial enterprises and industry sector monographs. In an attempt to attract foreign investment, 13 new industrial zones have been set up in Tunisia. The Industrial Land Agency is managing the zones and is looking for future sites where industrial centres can be established to meet the needs of foreign investors.

The legal system in Tunisia is based on French Napoleonic Code and judicial independence is guaranteed under the Constitution. However, the judiciary has traditionally been subject to influence from the executive branch. According to the US Department of State 2013, there is no pattern of significant investment disputes or discrimination involving foreign investors. However, it is advised that all commercial contracts contain an arbitration clause detailing the handling of disputes and the applicable jurisdictions. Furthermore, the same report also states that commercial disputes involving foreign companies rarely take place, and in cases where disputes have occurred, foreign companies have generally been successful in seeking redress through the local judicial system. Business executives surveyed by the World Economic Forum's Global Competitiveness Report 2013-2014 rank the legal framework for private companies to settle disputes and challenge the legality of government actions and/or regulations as relatively efficient. Tunisia is a member of the International Centre for Settlement of Investment Disputes (ICSID) and is a signatory to the New York Convention 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Access the Lexadin World Law Guide for a collection of legislation in Tunisia .

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