Governmental Decree No. 2018-579 of June 22, 2018

Page 2296 Official Journal of the Tunisian Republic — July 3, 2018 No. 53
MINISTRY OF NATIONAL DEFENSE
By Presidential Decree No. 2018-63 of June 22, 2018.
The Colonel-Major Physician Mostpha Ferjani is promoted to the rank of Brigadier General Physician, effective June 24, 2018. Order of the Minister of National Defense dated June 22, 2018, supplementing the order of July 9, 2005, establishing the list of specific administrative forms for the Ministry of National Defense. The Minister of National Defense, Having regard to the Constitution and in particular Article 94 thereof, Having regard to Decree No. 75-671 of September 25, 1975, establishing the powers of the Minister of National Defense, Having regard to Decree No. 79-735 of August 22, 1979, organizing the Ministry of National Defense, together with the texts that have amended or supplemented it and in particular Governmental Decree No. 2016-908 of July 22, 2016, Having regard to Decree No. 94-1692 of August 8, 1994, relating to administrative forms, as supplemented by Decree No. 2006-2967 of November 13, 2006, and in particular
Article 15 thereof,
Having regard to Presidential Decree No. 2016-107 of August 27, 2016, appointing the Head of Government and its members, Having regard to Presidential Decree No. 2017-124 of September 12, 2017, appointing members of the Government, Having regard to the Order of the Minister of National Defense of July 9, 2005, establishing the list of specific administrative forms for the Ministry of National Defense together with the texts that have amended or supplemented it and in particular the Order of December 17, 2010, Having regard to the opinion of the National Commission for administrative forms. Orders:
Article 1 - The following administrative form is added to the list of
specific administrative forms for the Ministry of National Defense, established by the Order of July 9, 2005 cited above, the following administrative form:
Sector Designation Registration No.
The training
2- the training for the Army
Military driving license 05-52.01-18
Art. 2 - This order shall be published in the Official Journal of the Tunisian Republic.
Tunis, June 22, 2018.
The Minister of National Defense
Abdelkarim Zbidi
Having regard to
The Head of Government
Youssef Chahed
MINISTRY OF FINANCES
Governmental Decree No. 2018-579 of June 22,
2018, relating to the issuance of Islamic sukuks for the benefit of private sector institutions. The Head of Government, On the proposal of the Minister of Finances, Having regard to the Constitution, Having regard to Law No. 94-117 of November 14, 1994, reorganizing the financial market, as amended and supplemented by subsequent texts including the latest Law No. 2009-64 of August 12, 2009, promulgating the code on financial services provided to non-residents, Having regard to Law No. 2000-35 of March 21, 2000, relating to the dematerialization of securities, Having regard to the Commercial Companies Code promulgated by Law No. 2000-93 of November 3, 2000, as amended and supplemented by subsequent texts including the latest Law No. 2009-16 of March 16, 2009, Decrees and Orders
Page 2297 Official Journal of the Tunisian Republic — July 3, 2018 No. 53
Having regard to Law No. 2013-30 of July 30, 2013, relating to Islamic Sukuks, and in particular Article 5 thereof, Having regard to Decree No. 75-316 of May 30, 1975, establishing the powers of the Ministry of Finances, Having regard to Presidential Decree No. 2016-107 of August 27, 2016, appointing the Head of Government and its members, Having regard to Presidential Decree No. 2017-124 of September 12, 2017, appointing members of the Government, Having regard to the opinion of the Minister of Justice, Having regard to the opinion of the Administrative Court, Having regard to the opinion of the Central Bank of Tunisia, Having regard to the opinion of the Financial Market Council. Enacts the governmental decree as follows:
Article 1 - Sukuks are issued for the benefit of joint-stock companies with a minimum paid-up capital of one million dinars, having three years of existence and having prepared for the last two fiscal years certified financial statements.
These companies must, in case of recourse to public offering to issue sukuks, comply with the provisions of Chapter Two of Title One of Law No. 94-117 of November 14, 1994 cited above and the regulations of the Financial Market Council on this matter. In case of no recourse to public offering for the issuance of sukuks, the management of the issuing companies must inform the Financial Market Council seven days before the opening date of subscriptions for said sukuks of the following:

• the amount of the issuance,
• the number of subscribers,
• the sukuk issuance contract(s),
• the names of the members of the Sharia committee.
  Art. 2 - Subject to the required conditions in accordance with prevailing legislation and regulations, the certificates issued to sukuk subscribers must contain at least the following statements:
• the corporate name of the issuing company, its legal form and registered office and its registration number in the commercial register,
• the amount of its capital,
• the management company for the common sukuk fund and its registered office if applicable,
• the amount of the issuance,
• the nominal value of the sak,
• the result of the asset valuation report for the common sukuk fund,
• the opening and closing periods for sukuk subscriptions and the rules governing cases of incomplete coverage of the rate specified in the issuance prospectus,
• the sukuk issuance contract(s),
• the identification of the Sharia committee that approved the issuance operation,
• the conditions and characteristics of the estimated yield rate and payment deadlines,
• the conditions and deadlines for sukuk redemption including the repurchase of sukuks by the issuing company,
• if applicable, guarantees related to sukuks.
  Art. 3 - The Minister of Finances is responsible for the execution of this governmental decree, which shall be published in the Official Journal of the Tunisian Republic. Tunis, June 22, 2018. For Counter-signature The Minister of Finances Mouhamed Ridha Chalghoum The Head of Government Youssef Chahed By Governmental Decree No. 2018-580 of June 22, 2018. Mrs. Saida Metiti Somrani, public services advisor, is assigned the functions of General Director of Tax and Financial Benefits at the Ministry of Finances. By Order of the Minister of Finances dated June 20, 2018. The heads of regional tax control centers under the external services of the General Directorate of Taxes at the Ministry of Finances are appointed in accordance with the indications below:
  Name and Surname Nomination References Designation Center Appointment Date Samir Messadi Decree No. 2018-313 of March 26, 2018 Regional Tax Control Center of Bizerte October 12, 2017 Noureddine Bouguerba Decree No. 2018-313 of March 26, 2018 Regional Tax Control Center of Tunis 3 October 6, 2017