Art. 1:
This law sets the conditions for creating and management of the Economic activities Parks and the incentive scheme applicable to investments carried out in these parks.
Art. 2:
The Economic activities Parks are created on the Tunisian territory by a virtue of a decree issued according to a proposal of the Minister of National Economy.
These areas are not subject to the customs system in implementation of its own system created by this law.
Such parks may contain an airport or a port and must be specified and arranged in a way that facilitates the practice of licensed activities.
Art. 3:
The regime provided for by this law applies to investments carried out in the Economic activities Parks by all natural or legal persons resident or non-resident in the sectors of production and services completely oriented towards exports.
Investments in the Economic Activities Parks are liberally carried out in foreign currency or convertible dinars and must be declared to the Operator referred to in Article 5.
The activity of the Operator of The Economic Activities Park also benefits from the tax system, foreign trade and exchange stated in this law.
Art. 4:
- 1. Economic Activities Parks are created on the public or private property of the State or of the local authorities or on private properties incorporated into the public property under the legislation in force. Economic Activities Parks are considered, for the purposes of this Act, as public domain of the government.
- 2. Regardless of the provisions of the first paragraph of this article, companies exploiting the Economic Activities Parks as well as the companies set up in these parks benefit, during the duration of the concession, from a right in rem to structures and facilities they constructed for the exercise of their activities. This right entitles its holder the rights and obligations of the owner within the limits of this Law provisions.
- 3. Rights in Rem mentioned in the preceding paragraph shall be entered in a special register kept by the competent departments of the Ministry responsible for State Property and Land Affairs. The terms and conditions for keeping of this register are set by decree.
- 4. Real rights, as well as buildings and structures can only be mortgaged to guarantee loans agreed up on to finance the construction, alteration or extension of buildings and structures built on the parks subject of the concession. Unsecured creditors, other than those whose claims have arisen in connection with the completion of these works, cannot practice precautionary or enforcement measures on the rights and property mentioned in this article.
- 5. The mortgages effect on rights in rem, constructions and structures shall lapse at the end of the concession contract. These constructions and structures become state property under the conditions provided for in the concession contract, free of all charges or mortgages.