Ministerial Order of the Minister of Finance dated 1 March 2016

Page 678, Official Gazette of the Tunisian Republic — 8 March 2016 No. 20

Having regard to the organic budget law for local authorities No. 75-35 of 14 May 1975, as amended and supplemented by organic law No. 2007-65 of 18 December 2007,

Having regard to law No. 68-8 of 8 March 1968, on the organization of the Court of Audit, as amended by law No. 2008-3 of 29 January 2008,

Having regard to the public accounting code, as promulgated by law No. 73-81 of 31 December 1973, as amended and supplemented by subsequent texts, notably Article 87 of law No. 2013-54 of 30 December 2013, on the finance law for 2014,

Having regard to law No. 83-112 of 12 December 1983, on the general status of State, local authority, and public administrative establishment personnel, as amended and supplemented by subsequent texts, notably presidential decree-law No. 2011-89 of 23 September 2011,

Having regard to decree No. 75-316 of 30 May 1975, defining the powers of the Ministry of Finance, as amended and supplemented by subsequent texts,

Having regard to decree No. 91-556 of 23 April 1991, on the organization of the Ministry of Finance, as amended and supplemented by subsequent texts,

Having regard to decree No. 95-83 of 16 January 1995, on the professional exercise of a private lucrative activity by State, local public authority, and public administrative establishment personnel and public enterprises, as amended and supplemented by decree No. 2013-3804 of 18 September 2013,

Having regard to presidential decree No. 2015-35 of 6 February 2015, on the appointment of the Head of Government and its members,

Having regard to governmental decree No. 2015-222 of 21 May 2015, defining the composition and management procedures of the National Council for Public Accounting Standards,

Having regard to the opinion of the Administrative Court,

Enacts the governmental decree as follows:

Article 1 - A twelfth bullet point is added to Article 5 of governmental decree No. 2015-222 of 21 May 2015 as follows:

• the President of the General Committee for Control of Public Expenditure: member.

Art. 2 - The Minister in charge of Finance is responsible for the execution of this governmental decree, which shall be published in the Official Gazette of the Tunisian Republic.

Tunis, 1 March 2016.

For Counter-signature
The Minister of Finance
Slim Chaker
The Head of Government
Habib Essid

By governmental decree No. 2016-284 of 1 March 2016.

Mr. Sami Ben Jannet, first-class finance controller, is appointed to the functions of Deputy General Director of the National Tobacco and Matches Agency.

In application of the provisions of decree No. 2008-14 of 2 January 2008, the appointee benefits from the allowances and advantages of a General Director of Central Administration.

Ministerial Order of the Minister of Finance dated 1 March 2016, fixing the amounts provided for in Articles 100, 107, 108, 114 and 140 of law No. 2015-26 of 7 August 2015, on the fight against terrorism and the repression of money laundering.

The Minister of Finance,

Having regard to the Constitution,

Having regard to law No. 2015-26 of 7 August 2015, on the fight against terrorism and the repression of money laundering, notably its Articles 100, 107, 108, 114 and 140,

Having regard to presidential decree No. 2015-35 of 6 February 2015, on the appointment of the Head of Government and its members.

Orders:

Article 1 - Legal entities whose annual revenue or available reserves have not reached thirty thousand dinars are exempt from the obligations provided for in Article 100 of law No. 2015-26 of 7 August 2015, on the fight against terrorism and the repression of money laundering.

Art. 2 - In application of the provisions of Article 107 of law No. 2015-26 of 7 August 2015 cited above, merchants in precious metals, jewelry, precious stones or all other precious objects must take the vigilance measures provided for by Article 108 of the aforementioned law in their transactions with clients whose value is equal to or greater than fifteen thousand dinars.

No. 20, Official Gazette of the Tunisian Republic — 8 March 2016, Page 679

The provisions of the preceding paragraph of this Article apply to casino executives for financial transactions with their clients whose value is equal to or greater than three thousand dinars.

Art. 3 - The persons cited in Article 107 of law No. 2015-26 of 7 August 2015 cited above must take the required vigilance measures provided for by Articles 108 and 140 of the aforementioned law when executing occasional financial transactions whose value is equal to or greater than ten thousand dinars.

The provisions of the preceding paragraph of this Article apply to financial transactions whose value is equal to or greater than three thousand dinars for the single premium in life insurance and to one thousand dinars for periodic premiums in life insurance.

Art. 4 - Subject to the provisions of exchange regulations regarding the funding of foreign currency or convertible dinar accounts or the payment for goods or services using banknote currencies based on a declaration of importation of banknote currencies, and in application of the first paragraph of Article 114 of law No. 2015-26 of 7 August 2015 cited above, any import or export operation of foreign currency whose value is equal to or greater than ten thousand dinars must, upon entry, exit and during transit operations, be subject to a declaration to the customs services.

Art. 5 - In application of the third paragraph of Article 114 of law No. 2015-26 of 7 August 2015 cited above, approved intermediaries and exchange sub-delegates must verify the identity of any person who performs foreign currency operations with them whose value is equal to or greater than five thousand dinars and inform the Central Bank of Tunisia thereof.

Art. 6 - This order shall be published in the Official Gazette of the Tunisian Republic.

Tunis, 1 March 2016.

The Minister of Finance
Slim Chaker
Having regard to
The Head of Government
Habib Essid

Ministerial Order of the Minister of Finance dated 1 March 2016, amending and supplementing the Ministerial Order of 27 February 2001 fixing the list, calculation method for technical provisions and conditions for their representation.

The Minister of Finance,

Having regard to the Constitution,

Having regard to the insurance code promulgated by law No. 92-24 of 9 March 1992, as well as all texts amending and supplementing it, notably Article 212 inserted by law No. 2014-47 of 24 July 2014,

Having regard to law No. 96-112 of 30 December 1996, on the corporate accounting system,

Having regard to law No. 2000-35 of 21 March 2000, on the dematerialization of securities,

Having regard to presidential decree No. 2015-35 of 6 February 2015, on the appointment of the Head of Government and its members,

Having regard to the Ministerial Order of 26 June 2000 approving accounting standards for the insurance and reinsurance sector,

Having regard to the Ministerial Order of 27 February 2001 fixing the list, calculation method for technical provisions and conditions for their representation.

Orders:

Article 1 - The provisions of point 5 of Article 31 of the Ministerial Order of 27 February 2001 are repealed and replaced as follows:

Article 31 (new point 5):

5. Shares in collective investment schemes in securities classified as follows:

• shares of common funds for investments in securities,
• shares of variable capital investment societies.

Investment in shares of the same society must not exceed 10% of the total amount of technical provisions and 30% of the issuing company's share capital.

Art. 2 - Article 31 bis is added to Chapter One of Title II of the Ministerial Order of 27 February 2001, concerning technical provisions, as follows:

Article 31 bis - The technical provisions of Takaful insurance companies are represented by the assets mentioned below under the following conditions:

1. Sukuk issued by the State or benefiting from its guarantee. Investment in these securities must not be less than 20% of the total amount of technical provisions.