For optimal readability, we highly recommend downloading the document PDF, which you can do below.
- Year: 2003
- Country: Tunisia
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Counterterrorism and Money Laundering
LAW N0 2003-75 OF DECEMBER 10 TH 2003 RELATIVE TO THE SUPPORT OF INTERNATIONAL
EFFORTS TO FIGHT AGAINST TERRORISM AND MONEY LAUNDRY.
In the name of the people
The house of assembly ratified,
The president of the Republic signed into law the following text.
Article 1 Preliminary Disposition
This law gives the community the right to live in peace and security far from all that could
disrupt its stability, rejects all forms of deviation, violence, fanatici sm, racial segregation and
terrorism all which are a threat to peace and social stability. It also contributes support to the
international effort, to fight against all forms of terrorism, to counter the financial sources
geared to it and the suppression of money laundry within the frame work of international,
regional and bilateral conventions ratified by the Republic of Tunisia and in respect of
General Disposition (caps)
Article 2 (new) modified by law no 2009 -65 of August 12
th 2009. This law applies to faults
qualified as terrorism as well as to faults of money laundry coming from other faults.
The dispositions of the penal code, of the penal procedure, of the military justice, as well as
special text concerning certain faults as well as to procedures relating to them are applicable to
the infractions governed by this law, without any prejudice to dispositions which are contrary
Chi ldren are subjected to the law on child protection .
FIGHT AGAINST TERRORISM AND ITS SUPPRESSION.
Terrorist infractions and foreseen prison terms.
Article 4: Will be qualified as terrorism,
All crimes whatever their aim, in relation to individual or collective enterprise capable of
terrorizing a person or a group of person, to sow terror among the population in view of
influencing state politics and force it to do what it is not supposed to do, or to abstain from
what it is supposed to do, or to trouble public order, peace or international security, to put into
danger to persons and their property, cause damage to building housing Diplomatic, consular or
international organization, to cause grave damage to the environment, in a manner to the lives
or health of the inhabitants in danger or damage to vital Resources, infrastructure, means of
transport and communication and informatics systems and to public services.
Article 5 Cancelled by law no 2009 -65 of August 12
The minimum prison term incurred for terrorist crime is established as follows: if the punishment incurred is life in imprisonment, the minimum is established at
thirty years of imprisonment.
If the punishment incurred is imprisonment for a specific period the minimum is
established at half the minimum foreseen for the initial crime.
Terrorist crimes are punishable with fines equal to ten times the amount foreseen for the
The minimum fine incurred for terrorist crimes is fixed (established) at the minimum of the
fine foreseen for the initial crime.
The disposition provided for in articles 7 and 8 of this law are applicable to crimes and
punishment pertaining to them and governed by penal code as well by all other special texts in
force in penal matters. Are excluded from the implementation of the said dispositions, crimes
and imprisonment relating to them as foreseen by this law.
Of punishable persons
Is considered guilty of terrorist crime , anyone:
– Who incited or consulted with others to commit it,
Who resolved to commit it, if this resolution is accompanied by any preparatory act
in one of its execution.
Will the punished by imprisonment of five to twelve years and a fine of five thousand to
twenty thousand dinars, whoever and by any means calls to commit terrorist crimes or use a
name, a term or symbol or any other sign in one of defending a terrorist organization, any of its
members or its activities.
Will be punished for five to twelve years of imprisonment and a fine of five thousands to fifty
Whoever, on the national territory adheres in whatever ma nner to an
organization or agreement whatever its nature or the number of its members, which
has fortuitously or in a punctual manner, made terrorism a means by which it can
execute its objectives or receive military training on Tunisian soil with the aim of
committing terrorist crimes on the territory of the Republic outside it.
Any Tunisian who joins any such organization in whatever capacity out of the
national territory in view of the committing terrorist crimes in or out of territory of the
Will be punished with imprisonment of five to twelve years and a fine of five to fifty thousand
dinars, whosoever uses the territory of the Republic to recruit or train any person or a group of
people with the intention of committing terrorist act on or outside the territory of the Republic.
Will be punished with imprisonment of five to twelve years and a fine of five to fifty thousand
dinars, whosoever uses the territory of the Republic to commit terrorist crimes against any
other state or its citizens or to carry out preparatory activities therein.
Will be punished with imprisonment of five to twenty years and a fine of five to fifty thousand
dinars, whosoever will acquire weapons, explosives ammunitio ns or any other material or
equipment of the same type from an organization, an agreement or persons related to terrorist
Will be punished with imprisonment of five to twenty years and a fine of five to twenty dinars,
whosoever will place his competence or expertise at the disposition of an organization, an
agreement or person related to terrorist infringement, directly furnish or reveal information
with the aim of assisting them to commit terrorist acts.
Will be punished with imprisonment of five to twelve years and a fine of five to twenty
thousand dinars, whosoever will procure a meeting place for members of an organization, an
agreement or persons in relation with terrorist crimes, assist to lodge or hide them or f acilitate
their escape, procure a refuge for them or ensure their impurity, or gain from the fruits of their
Will be punished with imprisonment of five to twelve years and a fine of five to fifty thousand
dinars, whosoever will furnish or collect goods by whatever means possible be it directly, which
he knows are destined to financing persons, organizations or activities related to terrorist
crimes notwithstanding the legal or illegal origin of the goods so furnished or collected.
Will be punished with imprisonment of five to twelve years and a fine of five to fifty thousand
dinars, whosoever and by whatever means, directly or indirectly hide or facilitate the hiding of
the real origin of movable or immovable goods, income or benefits of individual or corporate
bodies in whatever form, related to persons, organizations or terrorist activities or accept to
deposit them under a figure head or integrate them notwithstanding the legal or illegal origin of
the said goods.
The amount of fine can be five times the value of the goods on which the crime was
The penalties provided for in the above two activities are, depending on the case, extended to
the heads and to representatives of corporate bodies whose personal responsibility is
established without harm of proceedings against the said corporate bodies which ensure fines
equal to five times foreseen for initial crime if their implication in these crimes is confirmed.
Will be punished with imprisonment of one to five years and a fine of one to five thousand
dinars, whosoever even under professional secret failed to immediately inform the competent
authorities of the facts, information or information relative to terrorist crimes of which he had
Will be exempted from the dispositions of the above paragraph, parents and kids , as well as
brothers , sisters and wife of the concerned.
No action in damages or penal responsibility shall be taken against anyone who in good faith
signaled the situation.
Will be punished with imprisonment of three to six months and a with a fine of one hundred
to one thousand two hundred dinars any witness who will be guilty of failure to give testimony
relative to terrorist crime and t his, without prejudice in the application of a more severe
punishment foreseen in art 241 of the penal code.
When it is established that the crime foreseen in articles 12, 13, 14, 16, 17, 18, 19, 20, and 22
of this law are linked to a determ ined terrorist act, the most severe punishment considered for
complicity will applied in the sense of article 32 of the penal code and of special texts governing
the subject, and even if the terrorist crime foreseen was not carried out or did not have an
e ffective start of execution.
The perpetrators of the terrorist crime must be put under administrative surveillance for a
minimum period of five years but without exceeding ten years and this, without prejudice of
the enforcement of one or all the other complementary punishment foreseen by the law.
Of the Exception and of the Reduction of Punishment
Shall be exempted from incurred punishment, all members of an agreement or terrorist
organization, all instigators of an individual terrorist enterprise who communicates to the
competent authorities, the information which enables them to discover the crime and nip it in
The court can however place the accused under administrative surveillance or forbid him
fr om staying in determined places for a period not exceeding five years.
The punishment foreseen for the initial crime shall be reduced by half when the information
transmitted to the competent authorities by the person cited in article 26 of this law permit to
stop terrorist acts, or to avoid the occurrence of death or to identify all or part of their authors
or to arrest them.
The minimum punishment foreseen for the initial crime will be incurred if the authors of the
terroris t crime justify that they were trained for it under the effect of a hoax, request or abuse
of their state or condition.
OF INREASEING THE PUNISHMENT
In case of repeating the offence, the punishment provided for it will be doubled. After
consideration to double the punishment, the court cannot further reduce it by half.
The maximum punishment is pronounced;
-if the crime is committed by those on whom the law entrusted wit h its observation
Suppression is they the principal authors or accomplices.
– If the crime is committed by the agents of the Internal Security, agents of the military
Forces or agents of the customs are they the principal authors or accomplices.
-if the crime is committed by those on whom was confined the Administration or the
Buildings, areas or services targeted and those who work there -in be they principal
authors or accomplice.
-If a child is associated to the commitment of the crime.
-If it results to death or causes a permanent physical incapacity above twenty perc ent.
If the arrested person is guilty of many distinct crimes he will be punished of them. In all
Punishments are not combined.
OF OFFICERS OF JUDICIAL POLICE
Officers of Judicial Police within the jurisdiction of the court of first instance of Tunis change d
with the responsibility to determine terrorist crimes will exercise their function on the entire
territory of the Republic except for regulations of territorial competence.
Officers of Judicial Po lice are must immediately inform the public prosecutor to whom they are
assigned, of terrorist crimes they know.
The public Prosecutors attached to the court of First Instance must immediately transmit the
above mentioned information to the Public Prosecut or of Tunis for appreciation of the follow
up to be taken.
OF THE PUB LIC MINISTRY
The state prosecutor attached to the court of first Instance of Tunis is solely competent to
trigger and carry out Public action related to terrorist crimes.
Public Prosecutors attached to court of Instance other than that of Tunis are authorized to carry
out urgent actions like preliminary inquiries aimed at making an official report of the crime, put
together the evidence and search for the authors. They can also receive voluntary
denunciations, complaints min utes and related reports. They can even briefly interrogate the
arrested persons after the first appearance and decide as the situation warrants whether to
prolong their detention and to place them at the disposition of the Public Prosecutor of Tunis as
so on as possible with the reports, the minutes and all other evidence.
The Public Prosecutor attached to the court of First Instance of Tunis must immediately
inform the Attorney General of the court of Appeal of Tunis of all Terrorist crimes reported and
request without delay that the judge of his area be inform about them.
Public Action related to terrorist infringement will be prescribed after 20 years if they result
from a crime. If they resulted from an offence it is prescribed after 10 years all from the date on
which the fault was committed if during this interval, no instruction or follow up was
OF THE PRELIMINARY INVESTIGATION
Preparatory Preliminary Investigation is obligatory in matters of terrorist Crimes.
The judge change with Preliminary Investigation has to proceed with confiscation of w eapons,
ammunition explosives and other materials, tools and equipment of the same kind and
documents used either to carry out the crime or to facilitate its execution.
He should on the other hand precede with the confiscation of all objects whose manufacture,
ownership, use or commercialization constitutes a crime.
An inventory is made of these things in the presence of the detained person or the person in
whose possession the seized are found. The judge carrying out the Preliminary Investigation
draw up the minutes containing the characteristics of objects and other useful indications,
mentioning the date of the seizure and the number of the case.
The judge change with preliminary investigation or can at any stage of investigation can
officially or at the request of the District Attorney, order the seizure of movable and immovable
property of the arrested person as well as his financial assets, and determine the manner of
their administration while the case in progress or put them under lock and key if need be. At
any stage of the end of the above mentioned measures.
Witnesses are questioned separately without the arrested person. They testify without having
access to the written documents after identifying themselves and the negative proof of existing
motif against them. The examining magistrate cannot confront them with the arrested person
or other witnesses without their acceptance.
If the witness dose not measure up to the exigencies of testimony, the examining m agistrate
draws up independent minutes and transmit them to the Public Prosecutor so he can
appreciate the timing of dragging the witness before the competent court following the
procedure of direct subpoena without any need to acquire further information.
OF THE JURISDICTION OF JUDGEMENT
The court of First Instance of Tunis is the only competent court to handle Terrorist crimes.
The dispositions of articles 40 and 41 of this law are applicable to jurisdiction of Judgment.
The court must order the liquidation of products resulting directly or indirectly from the crime
even if they had been transferred to relative, family members or wife or allies of the author of
the crime whether they be in their initial state or have been transformed to other goods except
they prove that the goods are not the products of the crime.
If the effective seizure of the goods was not possible, a fine, equal to the liquidation is
pronounced, without being in any case inferior to the value of the value of the goods on which
the crime was committed.
The court must also order the liquidation of arms, ammunition, explosives and other materials,
tools and equipments which served to execute or facilitated the execution of the crime as well
as all objects whose manufacture, ownership, use or marketing constitute a crime.
The court can also order the co nfiscation of all or part of movable and immovable goods and
financial assets belonging to the convicted person if their graves charges exist that they can be
used to finance persons, organization or activities related to terrorist crimes.
Prison terms in matters concerning terrorist crimes must be executed despite any opposition.
OF THE MECHANISM OF PROTCTION
Necessary measures will be taken to protect persons to whom the law confided the
responsibility to write an official report and the repression of terrorist crimes, notably
magistrates, judicial police, officers and agents of the public Authority.
Protective measures are also applicable t o the auxiliaries of justice, victims, witnesses and all
persons charge in whatever little to alert the competent authorities.
The said measures will be extended if need be, to family members of persons designated in the
two paragraphs above and all those among their relatives who could be targeted.
If the residence is imperil, the examining judge or the President of court can order that the
investigations or audiences be held in a place other than the usual one, according to the case
and if circumstances require so but rights of defense accorded to the accused must not be
They can precede to the interrogation of accused and hearing of persons whose testimony they
useful using other means of adequate audio or visual communication w ithout necessary having
to have them come personally to the hearing.
Appropriate measures will be taken in other not to expose the identity of the persons so
questioned (modified by law no 2009 -65 of August – 12 – 2009)
The persons designated in the third paragraph of the above article if called to make
arrangements to the officers of judicial Police, to the examining magistrate or to all other
judicial Authority will take up Residence besides public prosecutor of Tunis.
Mention is then made of their identity and address of their real home in a confidential Register
signed and kept with public Prosecutor of Tunis.
Article 51 (new) modified by law No 2009 -650 of August 12. 2009.
If the home is imperil and if circumstances so require all availa ble information susceptible to
identify the victim, the witnesses and all persons who, in whatever title that may be, and who
will be change to alert the competent authorities, can be cited in the independent minutes kept
in the documents handled separately from the initial file.
Mention is then made of the identity of persons enumerated in the above paragraph and all
other information likely to identify them. They sign the confidential Register which is initialed
by state Procurator of Tunis and which kept with him.
The accused or his council can, within a maximum time of ten days on which they were
informed of declaration of persons innumerate in the first paragraph of the precedent article,
request the judiciary Authority handling the affaire so that their identification be
revealed.(modified by law No 2009 -65 of August 12. 2009)
The legal Authority to the affair was referred to can order the lifting of the measures
mentioned above and disclose the identity of the persons concerned. If he estimates that the
request is founded, and they is no reason to fear for the life or the property of the person in
question or that of members of his family.
The Decision that rejects or accepts the application cannot be a subject of appeal.
Protective measures must not in any case undermine the rights of the accused or of his council
to have access to the minutes or ot her documents in the file, subject to the disposition of
article 194 of code of Penal Procedure.
Will be punished with imprisonment of five to twenty years , and a fine of five to fifty thousand
dinars , w hosoever will put the life and property o f persons designated for the protective are
those of members of their families and this, by deliberately disclosing the data likely to identify
them with view of causing harm or attacking their property.
Of Terrorist Crimes committed abroad.
Tunisian courts are competent to handle terrorist crimes committed outsid e the National
Territory in the following cases:
– If they are committed by a Tunisian citizen
– If the victim is of Tunisian nationality or if committed against Tunisian Interest.
-If it is committed by a foreigner or a stateless person habitually resident on Tunisian
Territory against foreigners or foreign interest, or by a foreigner or a stateless person who are
on Tunisian Territory of whom extradition has not been requested by a competent foreign
authority before a final judgment is render ed against him by a competent Tunisian court.
In the cases foreseen in article 55 of this law public action is not subordinate to the
incrimination of facts, objects to legal proceedings in accordance with the legislation of the
state where they were committed.
The District Attorney is the only one authorizes to trigger , and exercise public action resulting
from terrorist crimes committed abroad.
Public actions cannot be triggered against authors of terrorist crimes if they justify that they
had been definitively judge abro ad and in case of imprisonment, that they served the whole
term or that it was cancelled or that they were objects of some measure of pardon.
OF THE EXTRADITION OF AUTHORS OF THE CRIMES.
Terrorist crimes are not in any case considered as political crimes.
Terrorist crimes can result to extradition in accordance with the dispositions of article 308 and
in accordance with code of penal procedure, if they are co mmitted outside the national
Territory by a non Tunisian citizen against a foreigner or against foreign interest or a stateless
person if their author is found on Tunisian territory.
Extradition is only accorded if a regular request from a competent state, in accordance with its
internal legislation is addressed to the competent Tunisian authorities and on condition that
the Tunisian jurisdiction has not yet given ruling on the affair in conformity to the rules
governing their competence.
OF THE EXTINCTION OF PUNISHMENT
The punishment pronounced for terrorist crimes is prescribed after 30 years if the acts
constitute a crime. However the sentenced person remains forbid den from living in the
constituency of the governor where the crime was committed except if authorized by a
competent administrative authority. Every infringement of this measure is liable to punishment
foreseen for contravention to the ban to stay.
Punishment pronounced for offences expire after ten full years.
The time limit for statute for limitation run s from the date on which the sentencing became
It runs from the notification of judgment by default, if this notification was done to nobody and
at least let it not result acts of execution of judgment which has been brought to the knowledge
of the sentenced person.
OF THE FIGHT AGAINST MONEY LAUDERING
Shall be considered as laundering of property, all intentional act which aims by all means to
false fully justify the illicit origin of movable or immovable goods revenue resulting directly or
indirectly from a crime or offence..
Can also constitute property launde ring all intentional acts with the aim of placement, deposit,
hiding, administration, integration or conservation of products resulting directly or indirectly
form an offence or crime to give assistance to such operations.
The disposition of the above two paragraphs are applicable even if the crime from which comes
the funds subject to the laundering was not committed on the national Territory.
Will be punished with imprisonment of one to six years and a fine of five to fifty thousand
dinars who soever shall be guilty of money laundering.
The fine can increase to an amount which will be equal to half the value of goods which the
object of laundering.
The sentence is five to six years of imprisonment and a fine of ten thousand to hundred
thousand dinars when the crime is committed by:
– A person who habitually carries out laundering operations.
– A person who uses facilities procured for him when execute his functions or his professional or
-An organized group.
When the prison punishment incurred for the initial crime from which came the goods object is
laundering is superior to that foreseen for the crime designated in article 63 and 64 of this law,
the author of the crime of laundering is punished with condemnation undergone in the initial
crime, if it is established that he was informed, will be taken into consideration for the
determination of the punishment incurred, only the aggravating circumstances attached to the
principal crime of which the author the c rime of money laundering was informed.
The punishment foreseen in the preceding articles will according to the cases be extended to
leaders and representatives of corporate bodies whose personal responsibility is established.
This does not preju dice the case against these corporate bodies, if it is established that the
laundering operations were carried out for their benefit, or that they got money or that
laundering operations were their main object.
This does not also prejudice the extension of disciplinary sanctions foreseen for the said
corporate bodies in accordance with the legislation in force which is applicable to them,
especially the ban on their activities for a determined period of time or their dissolution.
The court must o rder the confiscation of goods objects of laundering as well as products
generated directly or indirectly from the crimes of laundering and its liquidation from the profit
of the state.
If effective seizure is not possible, a fine equal to the liquidation is pronounced and must not in
any case be inferior to the value of funds to which the crime was committed.
The court can also forbid the author of the crime from exercising other functions or
professional or social activities which accorded to him. The facilities used to commit one or
more laundering operations for a period not exceeding five years. The authors of the laundering
crime can be put under Administrative surveillance for a period of five years. Th is does not
prejudice their sentencing for one or all other complementary punishment foreseen by the law.
CMMON CLAUSES FOR THE FIGHT AGAINST FINANCING TERRORISM AND MONEY
OF THE BANNING OF ILLEGAL FINANCIAL CIRCUITS
Will be forbidden, all forms of support financing persons, organization or activities related to
terrorist crimes and ot her illegal activities whether given to them in a direct or indirect ways
through physical or corporate bodies, whatever their forms or object even the goals pursued
are of nonprofit character .Will be considered a corporate body in the sense of this law, all
entities provided with personal resources with autonomous property other than that
recognized to it by virtue of a special text of the law.
Corporate bodies must adopt the following rules of cautionary control;
– Abstain from accepting gifts or subventions of unknown origin or coming from illegal acts
which the law qualifies a s offensive or criminal or from physical persons or corporate bodies,
organization or organism seriously implicated within or outside the national territory in
activitie s connected to the terrorist crimes.
– Abstain from receiving all contributions whose value is superior to the limits fixed by the law.
– Abstain from receiving all gifts or other forms of financial aid whatever the amount unless
special disposition of the law makes it an exception.
– Abstain from receiving all funds coming from abroad without the assistance an authorized
intermediary resident in Tunis even if the legislation in force dose not forbid it.
– Abstain from receiving all funds in cash whose value is above or equal to five thousand dinars
even if it is done in many payments suspected to present some bonds.
Corporate bodies must:
– Keep their accounts in an account register showing all income and expenditure?
– Keep an inventory in foreign relation transaction transfers mentioning the amounts concerned
their justification, dates of their realization and the identification of physical person or
corporate bodies concerned. A copy should be transmitted to the central Bank of Tunisia.
– Prepare an annual balance sheet.
– Preserve the account books and documents for ten years whether they are kept materially or
electronically, from the date of their closure.
– Will be exempted from the obligations of this article, corporate bodies whose annual incom e
available reserves have not reached a determined limit which will be fixed by an arête of the
Minister of finance.
The obligations designated in the above article are considered minimum account rules common
to all corporate bodies with no damage in the application of specific accounts regime to some
of them and to rules governing their financing and this, in accordance to the legislation in force
to which they are subjected.
The Minister of finance can submit the corporate bodies sus pected of having links with persons,
organization or activities related to the crimes designated by this law or if they are guilty of
infringement to the rules of prudent management or those which govern their finances or the
keeping of their accounts to a prior special authorization for all acceptance of money transfers
This measure is taken by way of decree notified to the legal representative of the concerned
corporate body by all means capable to live a written track.
A copy of the said decr ee is transmitted to the governor of the central bank to inform the
Tunisian Commission of Financial Analyses and all Financial Establishments – banking and non
banking about the said decree. Its aim is to subordinate the payments of funds object of the
pay ments to the concerned corporate bodies to the presentation of the authority of the
minister of finances.
Bis ( new) added by law no 2009 -65 of August 12.2009.
Within the framework of respect for International Agreement of Tunisia, the Minister o f
Finances, after the opinion of the governor of the central bank , can decide to freeze the
property of persons or organization whose links with terrorist crimes is proved by the
The Freeze will include personal and impersonal movable goods and immovable whatever their
means of acquisition, revenue and benefits resulting from them as well as documents and files
be the material or electronic, proving the ownership or rights over the said goods and this
without any harm of a third party .
The persons changed with the execution of the decision to freeze must, immediately it is
published official gazette of the Republic of Tunisia, take the necessary measures to this effect
and declare to the minister of finance all the operations for freez ing that they have taken and
communicate to him all the useful information for the execution of his decision.
No action in damages or in penal responsibility can be accepted against all individuals or
corporate body which accomplished in good faith the duties which belong to them in the
decision of the freeze.
Article 72 (the) (new) added by law no 2009 -65 of 12August 2009.
The Minister of Finances can after the opinion of the governor of the central bank order to
permit the person concerned by the decision to freeze to take possession of part of his goods to
cover up his necessary needs as well as those of his family including the house.
Article 72 quarter (new) added by law no 2009 -65 of August 12, 2009.
Whoever is concerned by the decision freeze in accordance with the disposition of article 72 bis
of this law can ask the minister of finances to order the removal of freeze on his goods if he
estimates that it was taken against him by error.
The Minister of Finances is equally competent to order the removal of the freeze on persons
and organizations whose links with terrorist crimes is no longer established by competent
The President of the court of First Instance territorially competent can, at the request of the
Minster of Finance, decide by way of an ordinance on request place any corporate body (legal
entity) suspected of links with persons, organizations activities in contact with crimes
designated by this law, or be found guilty of infringement prudential rules of management and
t hose regulating their financing or the keeping of their accounts to an expert of external audit
or a group of special experts.
Article 74 (new) modified by law no 2009 -65 of August 12, 2009.
Financial establishments, banking or non banking and all persons who in the exercise of their
profession, prepare or carry out in profit of his client, purchase as sell of real estate goods or
capital goods, manage the capital and accounts of the clients, organize contributions for the
creation of companies and other le gal entities.
Article 74 bis (new) added by law no 2009 -65 of August 12. 2009.
The persons enumerated in article 74 of this law must take following vigilant measures.
1 -To verify by means of official documents as well as other documents emanating from
independent and reliable sources, the identity of their occasional and customers and register all
necessary facts capable to identify them.
2 -Verify by means of official documents and other documents emanating from indepen dent
and reliable sources.
– The identity of the beneficiary of the operation or the transaction and the quality of the person
acting on his behalf.
– The constitution of the legal entity, its legal status its head office, the distributions of its share
capi tal and the identity of its leaders and those who have the power to engage themselves in its
name, while taking reasonable measures to identify individuals who control it.
3-Obtain information on the object and the nature of business relations.
4 -Obtain, in case of consultation of a third party necessary information capable of identifying
the customer and make sure that the third party is subjected to a regulation and supervision
relative to the repression of money laundering and to the fight against financ ing terrorism, that
he has taken necessary measures to the effect that he can finish, within the shortest time
copies of identification data of his customers and other relative documents and take upon
himself in all cases the responsibility of the identif ication of the customer.
These measures are particularly taken when:
– They tie business relations.
– They carry out occasional transactions whose value is equal or superior to an amount which
shall be fixed by a decree of the minister of finances or under t he forms of electronic transfers.
– There is suspicion of money laundering or financing of terrorism.
There are doubts as to the truthfulness or to pertinence of identification data of customers
If these people do not succeed to verify the said data or if the information is insufficient,
manifestly fictive, they should abstain from opening the account to tie or continue the business
relation or to carry out the operation or the transaction and envisage to make suspicious
declaration o r operations. .
Article 74 ter (new) added by law no 2009 -65 of August 12. 2009.
The persons designated in article 74 of this law must update data pertaining to the identity of
their customers, exercise permanent vigilance towards during the entire duration o f business
and attentively examine operations and transactions carried out by the customers in order to
ensure that they are coherent with the data at their possession concerning the said customers
taking into consideration the nature of their activities, the risk they run and if necessary the
origin of the funds.
Article 74 quarter (new) added by law no 2009 -65 of August 12. 2009.
The persons designated in article 74 of this law must take the following vigilant measures:
– Ensure that their subsidiaries and the companies of which they have the majority of the social
capital and are abroad, enforce the vigilant measures related to the repression of money
laundering and the fight against financing of terrorism and inform the authority in charge of
control when the laws of the country in which do not allow them to enforced the measures.
– Dispose of adequate system of managing risk in case of relations with people who exercised or
are exercising high public functions in a foreign country, or those to them or pers ons having
contacts with them, obtain authorization from the head of the legal entity before establishing a
business relationship with them, ensure a reinforced and sustained watch of this relationship
and take reasonable measures to identify the origin of their funds.
Article 74 Quinquies (new) added by law no 2009 -65 of August 12. 2009.
The persons envisage in article 74 of this law when establishing relations with a corresponding
bank abroad and other similar relationships must:
– Collect sufficient information about the corresponding bank to know the nature of its activities
and basis of available information sources, its reputation and efficiency of the control under
which they are subjected and verify if it has been an object of an investigation or a me asure of a
– Obtain authorization from the head of the legal entity before establishing relationships with a
foreign corresponding firm and fix the respective obligations of the two parties in waiting.
– Abstain from establishing or co ntinuing a relationship of a corresponding bank, with foreign
fictitious bank and to establish relationship with foreign institutions that authorize fictitious
banks to use their accounts.
Article 74 sexies (new) added by law no 2009 -65 of August 12, 2009.
The persons designated in article 74 of this law must:
Pay particular attention to their business relations with persons in countries which do not
apply , or apply in an insufficient manner, international norms in matters of the fight against
money launder ing the financing of terrorism.
Pay particular attention to the risk of money laundering , financing of terrorism, which is
inherent to the use of new technologies, and if need be, take necessary measures to avoid
Put in place managing devices of risk linked to business relations which do not involve the
physical presence of the parties.
Article 75 (new) modified by law no 2009 -65 of August 12, 2009.
The persons designated in article 74 of this law must preserve for a period which must not be
less than ten years from the date of the creation of the operation or the closure of the account,
the registers, the account books and other documents at their keeping handy or electronically
for purpose of consultation if necessary and this, for need of traceabili ty of different phase of
transactions or financial operations by them or by their intermediary and to identify all the
participants or to ensure their truthfulness.
All operations or of importation or exportation of currency whose value is equal to or an
amount to be fixed by the minister of finances must, at the entrance or exit and during transit
operations will be subjected to custom declaration.
Approved intermediaries and the sub exchange delegates must be sure of their identity of all
per sons who carry out operations in cash, the value of which is above or equal to a determined
amount which will be fixed by the minister of finances on information by the central bank of
Article 77 (new) modified by law no 2009 -65 of August 12, 2009.
The authorities skilled with the control of the persons cited in article 74 of this law, are charged
with the elaboration of programs and adopted practices on the fight against money laundering
crimes and the financing of terrorism and to ensure their ap plications.
These programs and practices must particularly establish:
A system for detecting suspicious operation and transactions, comprising the designation of
those within their leaders and employees charge d to accomplish the obligation of declaration.
– The rules of internal audit in order to evaluate the effectiveness of the established business.
– Programs of continues training for the benefit of agents.
Article 77 bis (new) added by law no 2009 -65 of August 12, 2009.
Notwithstanding penal punishment, all breach to the vigilant measures foreseen in article 74
bis, 74ter, 74quater, 74quinquies, and 74 sexies permit disciplinary pursuit in accordance with
procedures in force foreseen by the disciplinary regime characteristic of each of the persons
enumerated in article 74 of this law.
In the absence of a particular regime, disciplinary actions are exercise by the authority charge
with co ntrol of these individuals
Article 77 ter (new) added by law no 2009 -65 of August 12, 2009.
The competent disciplinary authority can, questioning the concerned take one of the following
3 – Ban to exercise the activity, or the suspension of approval for a duration not exceeding two
4 – Suspension from their functions.
5 – Final ban to exercise the activity , or the withdrawal of the permit.
These sanctions are equally applicable to leaders and members of the supervisory council if the
responsibility for the non respect of vigilance measures is established.
OF THE FIGHT AGAINST THE FINANCING OF TERRORISM AND MONEY LUANDERING
FIRST SUB SECTION
OF THE COMMISSION OF FINANCIAL ANALYSES
It is instituted besides the central bank of Tunisia a commission named “ The Tunisian
Commission of Financial Analyses” It is head quartered at the central bank of Tunisia which
provides the secretariat.
Article 79 (new) modified by law no 2009 -65 of August 12, 2009.
The Tunisian Commission for Financial Analyses will be made up of:
– The governor of the central bank or his representative – President.
– A third grade magistrate.
– An expert from the ministry of Interior and local development.
– An expert from the ministry of finances.
– An expert from the general directorate for customs .
– An expert from the committee of financial market.
– An expert from the National Postal Agency.
– An expert from the general committee of insurance.
– An expert especially in the fight against financial crimes.
The members of the commission are
appointed by a decree for a period of three years.
The members shall carry out their missions within the commission in total independence vis a vis of the
Administrations of the origin.
The commission will include an orientation committee, an operational cell, a general secretariat; the
methods of functioning of the commission are determined by decree.
Article 80 (new) modified by law no 2009 -65 of August 12, 2009.
The Tunisian Commission for Financial Analyses is charge with the following mission:
-To establish ge neral directives liable to allow persons designated in article 74 of this law detect and
declare suspicious operations and transactions.
Gather and treat declarations concerning suspicious transactions and indicate their follow up.
Collaborate on the study of programs to be implemented for the fight against illicit financial circuit and
counter the financing of terrorism and money laundering.
Take part in research activities for training and study and in general and in all activities related to the
area of its intervention.
Represent different services and or organism concerned with this domain at national and international
levels and facilitate communication between them.
Article 81 (new) modified by law no 2009 -65 of August 12, 2009.
The Tunisian Commissio n for Financial Analyses can, in the execution of the missions which are assigned
to it request the assistance of Financial Authorities charge with the implementation of the law on
persons designated in article 74 of this law, the letter are required to co mmunicate necessary
information for the analyses of operations and transactions, objects of declarations gathered with legal
Professional secret in this case is not in opposition to the Tunisian Commission for Financial Analyses
guardians of th e said secret cannot be pursued by the chief for their exposure.
The Tunisian Commission for Financial Analyses must put in place a data base indicating natural persons
and legal entity suspected of being linked to financing operations of terrorism or money laundering, of
declarations relative to suspicious operations or transactions gathered from investigation and
information sent to it by authorities charge with the application of the law or his foreign counterparts
and their follow up.
The cooperation foreseen in the above paragraph is subjected to the fact that similar foreign services be
conformed to the legislation in petting the organization subjected to professional secrets and under the
obligation not to transmit or use the data intelligence reports communicated to them for ends other
than the fight and repressions stipulated by this law.
The Tunisian Commission for Financial Analyses is bound to put in place a data base indicating natural
and legal entities suspected of bein g in connection with operations of financing terrorism or money
laundering, declarations relative to suspicious operations or transactions or unusual collection of
request for information which came to it from Authorities charge with the execution of the l aw or of its
foreign counterparts and the follow up given to them.(modified by law no 2009 -65 of August 12, 2009)
Besides, it must conserve, during a minimum period of ten years from the date of closure of its work, all
information or documents, held on a material or electronic report, justifying the follow up of declaration
it received and to consult them if necessary.
Members of the Tunisian Commission for Financial Analyses, the collaborations and all other agents
permitted by virtue of their functions to have access to files related to declarations on suspicious
operations or transactions are bound by professional secrets. They cannot therefore, even after
cessation their functions, use the information they were able to know for aims other tha n those
required by the mission entrusted to them.
SUB -SECTION II
OF THE MECHANISM TO ANALYSE SUSPICIOUS OPERATIONS AND TRANSACTIONS
Article 85 (new) modified by law no 2009 -65 of August 12, 2009.
The persons envisage in ar ticle 74 of this law must without delay make a written declaration to the
Tunisian Commission for Financial Analyses on all suspicious operations and transactions suspected of
being linked directly or indirectly to the products of illicit acts qualified by law as criminal or offensive or
in financing persons, organizations or activities in relation with terrorist crimes as well as on all attempts
of the said operation or transaction.
The obligation of declaration also applies, even after the completion of t he operation on the transaction
when new information suspected to link directly or indirectly, the said operations and transactions to
the products of illicit acts qualified by the law as criminal or offensive or to the financing of persons,
organization o r activities in connection with terrorist crimes.
(new) modified by law no 2009 -65 of August 12, 2009.
The persons envisage in article 74 of this law must pay particular attention to activities and transactions
covering a complex character or o f an abnormally high amount as well as to abnormal operations and
transactions whose economic aim or lawfulness are not manifested.
They must, as much as possible examine the framework within which the said operation and
transactions are carried out as w ell as their aim, and to record the results of this examination in writing
and put them at the disposal of the authorities charged with control and the government auditor.
The Tunisian Commission for Financial Analyses can order the author of the declaration to precede to
temporary freeze the funds which are objects of the declaration and place them in a waiting account.
The author of the declarations must abstain from informing the persons concerned by the declaration of
which he was object of the measures which resulted from it.
If the analyses did not confirm the suspicious linked to the operations or transactions, object of the
declaration. The Tunisian Commission for Financial Analyses must inform without delay, the author of
the declaration and authorize it to end the freeze of the belongings subject of the declaration.
If the Tunisian Commission for Financial Analyses dose not communicates the results of its work within
the time limit set by article 91 of this law, silence tanta mount to authorization to end the freeze.
If the analyses confirmed the suspicions linked to the operation and transaction objects of the
declaration, the Tunisian Commission for Financial Analyses will transmit its conclusions and all relativ e
documents at its disposal to the Government Attorney of Tunis without delay so that the follow up can
be appreciated and inform the author of the said declaration.
The Governor of prosecutor must decide the follow up to be given to the denunciation in fi ve days latest
following its receipt and notify his decision to the author of the declaration and to the Tunisian
Commission for Financial Analyses (modified) by law no 2009 -65 of August 12, 2009.
Follow up actions of preliminary investigation and judgment, in matters of crimes of money laundering is
the responsibility of the court of First Instance of Tunis. The disposition governing terrorist crimes by
virtue of this law will be applied.
Article 91 (new) modified by law no 2009 -65 of August 12 , 2009.
The Tunisian Commission for Financial Analyses must close its work within the shortest time.
Nevertheless, if it had ordered a provisionary freeze of funds, object of the declaration, it must end its
work within the limit of five days from the date of order to the freeze and inform the author of the
declaration of the results of its deliberation.
The decision rendered by the Tunisian Commission for Financial Analyses must be motivated. They are
susceptible of any appeal.
The decision to put away without any follow up comes from the public prosecutor has as consequence
the immediate lifting of the freeze on belongings object of the declaration.
If the public prosecutor on the opening of information, the freeze is maintained unless the judicial
authority contacted with the affaire cannot decide otherwise about it.
Article 94 (new) modified by law no 2009 -65 of August 12, 2009.
The public prosecutor attached to the appeal court of Tunis can, even in the absence of declaration of
suspicious operations or transactions, request from president of the court of first instance of Tunis that
a freeze be ordered on belongings of natural persons or legal entity suspected of being linked to persons
or organizations or activities in connection with crimes designated by this law, even if they were not
committed on the territory of the republic.
The decision to freeze provided for in the above article is taken by the president of the court of first
instance of Tunisia in conformity wit h the ordinance on investigation.
The Attorney general attached to the court of appeal of Tunis is bound to immediately transmit the
ordinance of the freeze taken in application of the preceding article and all the documents at his
possession to the state prosecutor of Tunis to order that he be informed.
The Attorney general attached to the court of appeal transmits the ordinance of the freeze to the
Tunisian Commission of Financial Analyses and his opinion on the opening of information against the
The belongings, object of the above mentioned ordinance will remain frozen unless the judicial
contacted on the affaire dose not decide otherwise about it.
Will be punished with one to five years of imprisonment and a fine of five thousand to fifty thousand
dinars, whosoever deliberately abstain to submit himself from the obligations declarations in the sense
of the stipulations of article 85 of this law.
No action in damages or penal responsibility will be admitt ed against natural persons or legal entity who
might have accomplished in good faith, the duty of declaration foreseen by article 85 of this law.
No action in damages or in penal responsibility is also admitted against the Tunisian
Commission of Financial Analyses during the execution assigned to it.
Will be punished with one month to five years imprisonment and a fine of three thousand to three
hundred thousand dinars, whosoever will abstain to submit to the declaration of obligation foreseen in
the first paragraph of article 76 of this law.
The fine can be brought up to five times the value of the funds on which the crime was committed.
The fines designated in the preceding article are applicable to approved intermediaries and to sub –
delegates who abstain to submit themselves to the obligations designating the second paragraph of
article 76 of this law.
Article 101 (new) modified by law no 2009 -65 of August 12, 2009.
Will be punished with six months t o three years imprisonment and a fine of five thousand to ten
thousand dinars, the professionals designated in article 74 of this law, traders in jewelry and of precious
stones and other precious objects. Owners of casinos and all leaders, representatives or agents of legal
entities whose personal responsibility infringed or did not intemperate to the stipulations of article 69,
70, 72, of paragraph 3 of article 72 bis, of article 73, 75, 84, 86 of paragraph 2 of article 87 and article 96
of this law is es tablished.
The punishment is from three months to two years of imprisonment and the fine of one thousand to
five thousand dinars if the business relations have been established or continuous or occasional
operation or transaction. The value of which is equ al or above an amount to be fixed by the Minister
Finances or the ones in which electronic transfers were realized without respecting the obligations of:
– Verify by means of official documents or other documents coming from reliable and independent
sources , the identity of the habitual or occasional customers and to register all necessary data to their
– Verify by means of official documents or other documents coming from independent and reliable
sources the identity of the beneficiary of the opera tion or the transaction, the quality of anyone acting
on his behalf and the constitution of the legal entity, of its head quarters, of the identity of its leaders,
and those having the power to act in its name.
– Obtain from the customer, information on the object and nature of business relations.
– Abstain from opening an account, establish or continue business relations or to realize an operation or
transaction if information on them is insufficient or manifestly fictive.
This does not prejudice the proceedings against morale entities which incur fines equal to or above five
times the amount of the fine foreseen for the original crime.
The judgments pronouncing the liquidation or the confiscation of belongings in application of the law
cannot in any case have repercussions on rights of third party acquired in good faith.
The disposition of article 52 bis of the penal code, the third paragraph of article 305, the second
paragraph of article 313 of the penal code, and article 30 o f law no 92-52 of 18, May 1992 relative to
drugs are all cancelled. (Article 4 of law no 2009 -65 of August 12, 2009)
The persons submitted to the duty of vigilance must:
Within a time limit not exceeding three years from the date of coming into force of th is law, update the
files relative to their existing clients before the promulgation of this law, in order to respect its