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Tunisia

Gambling laws in Tunisia

Table of contents
  1.  Is there a Gambling Act (or equivalent) in place?
  2. Is online gambling a regulated activity?
  3. Who are the regulators?
  4. Do laws set out a clear licensing framework for gambling (including licensing process, criteria, submission requirements, licensing conditions and ongoing compliance requirements)
  5. Is gambling regulation specific to:
    1. Betting?
    2. Sports?
    3. Skill games?
    4. Card games?
    5. Casinos?
    6. Lotteries?
    7. Arcades?
  6. Are there Data Protection laws in place?
    1. If yes, do they apply extra territorially?
  7. Is there a Data Protection Regulator?
  8. Are there any exchange controls restricting the transfer of cash out of and into the country?
  9. Are there any tax implications of transferring cash in/out of the country?
  10. Are there any tax implications of offering trading activities remotely into the country?
Tunisia
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This chapter was kindly submitted by Ferchiou & Associés.

1. Is there a Gambling Act (or equivalent) in place?

Yes. There are several laws regulating gambling but reunited into single Gambling Act.

2. Is online gambling a regulated activity?

No. However, factually Tunisian tax legislation has started regulating online gambling activities, by creating a 25% withholding tax on gambling and online gambling.

3. Who are the regulators?

There is a commission regulating casinos, although to the best of our knowledge, there are no casinos operating in the country.

Advertising is regulated by law 98-40, which provides general guidelines in relation to advertisement but nothing specific in relation to advertisement on gambling.

4. Do laws set out a clear licensing framework for gambling (including licensing process, criteria, submission requirements, licensing conditions and ongoing compliance requirements)

Tunisian law only sets out a clear licensing framework for casinos and lotteries.

However, there is a legal certainty on these activities.

5. Is gambling regulation specific to:

5.1 Betting?

No.

5.2 Sports?

No. There is under the monopole of a public entity named “Promosport”. However, Promosport is challenged by the new gambling websites that have taken advantage of the poorly drafted decree (c.f question 1.2).

The “Promosport” has been actively suing the providers of online sports betting lately and finally developed an online betting site (instead of paper betting) in response to the competition.

5.3 Skill games?

No.

5.4 Card games?

No.

5.5 Casinos?

Yes. Law n°74-21 provides that the casino games are subject to a prior authorization granted by a joint order of the Ministers of the Interior and National Economy.

5.6 Lotteries?

Yes.

5.7 Arcades?

No.

6. Are there Data Protection laws in place?

Organic law 2004-63 establishes the protection of personal data in Tunisia. by broadly setting an obligation to declare the processing of personal data and an obligation to obtain an authorization in the event of a transfer abroad, without forgetting to obtain the consent of the person whose data is processed and/or transferred.

The law is unclear on its territorial application but factually its application is only territorial.

6.1 If yes, do they apply extra territorially?

Not clear.

7. Is there a Data Protection Regulator?

Yes, L’Instance Nationale de Protection des Données à Caractère Personne (INPDP).

8. Are there any exchange controls restricting the transfer of cash out of and into the country?

Yes.

9. Are there any tax implications of transferring cash in/out of the country?

No.

10. Are there any tax implications of offering trading activities remotely into the country?

No.

Authors

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Portrait of
Noureddine Ferchiou
Managing Partner, Ferchiou & Associés
Portrait of
Omar Ferchiou
Partner, Ferchiou & Associés
Portrait of
Kais Ferchiou
Mid-Level Associate, Ferchiou & Associés