Art. 26 :
Public services needed to operate the Economic Activities Parks are represented permanently by the Operator with the exception of customs and police who remain directly under the authority of their respective directions.
Art. 27 :
Only legally allowed people and vehicles can access the Economic Activities Parks.
The conditions and the modalities for access are laid down by a joint decree of the Ministers of Interior, Finances and National Economy.
Art. 28 :
No person is authorized to reside in the Economic Activities Parks except legally authorized needed personnel.
Art. 29 :
Retail sales inside the Economic Activities Parks are prohibited. However, the services and products needed for the viability of the Park may be authorized under the conditions of the specifications.
Art. 30 :
Any dispute arising between the foreign investor and the Tunisian government, originating from the investor or a measure taken by the government against it, shall be submitted to the competent Tunisian courts, unless a specifically approved agreement stipulating an arbitration clause or allowing the parties to agree on a compromise to resolve such dispute by way of ad-hoc arbitration or through the use of conciliation and / or arbitration institution under any of the following agreements:
- The bilateral agreements for the promotion and protection of investments concluded between Tunisia and the country of which the investor is a national;
- The agreement creating an Arab Organization for Investment Guarantee ratified by Decree-Law N° 72-4 of 17th October 1972;
- The International Convention for the Settlement of Investment Disputes between states and Nationals of other states, ratified by Act N° 66 -33 of 3rd May 1966;
- Any other agreement concluded by the government of the Republic of Tunisia in this respect.
Art. 31 :
- 1. Companies beneficiaries of incentives provided for in this Law shall be subject to, during the period of implementation of the investment program, a monitoring and control process by the Operator‘s departments that are responsible for ensuring the respect of the granted benefits terms.
- 2. The beneficiaries under this Law are forfeited in case of non-compliance with its provisions or in case of not starting the execution of the investment program after a period of one year from the investment declaration date. In addition, they are required in case of non-fulfilment or illegal diversion of the initial object of the investment, to pay back benefits and bonuses granted plus late penalties provided for in Article 63 of the Investments Incentives code.Withdrawal and reimbursement do not apply to benefits granted to operation in the period during which the operation actually took place, in conformity with the object under which the benefits have been granted in favour of the project. The tax benefits and bonuses granted to the investment phase, are refunded after deduction of tenth for a year of effective operation in accordance with the object under which the benefits have been granted in favour of the project and that is subject to provisions relating to the regularization of the value added tax under Article 9 of the code of value added tax.The withdrawal of benefits and reimbursement of premiums are made by reasoned decree of the Minister of Finance following a recommendation or under a proposal of the concerned Operator’s departments and this is after the hearing the beneficiaries by theses departments.
Art. 32 :
In addition to the penalties under other Acts, any company having sold on the local market some of its production or having provided part of its services in violation of the provisions of article 21 of this Law is liable to a fine of between one thousand and ten thousand dinars, in addition to the forfeiture of the right to benefit from the advantages provided by this Law.
Detection of crime and the recovery of fines are carried out in accordance with the provisions of these Acts, and, after hearing the offender.