Law no.2015-26 concerning the fight against terrorism and the repression of money laundering
Tunisian Law : 25.09.2024, Law no.2015-26 concerning the fight against terrorism and the repression of money laundering
Organic Law No. 2015-26 of August 7, 2015, concerning the fight against terrorism and the repression of money laundering .
In the name of the people,
The Assembly of Representatives of the People, having adopted the law,
The President of the Republic promulgates the organic law whose content follows:
Article 1 - This organic law aims to prevent and combat terrorism and money laundering. It also supports international efforts in this area, in accordance with international standards, and within the framework of international, regional, and bilateral conventions ratified by the Tunisian Republic.
Art. 2 - The public authorities responsible for implementing this law must respect the constitutional guarantees and the international, regional, and bilateral conventions ratified by the Tunisian Republic, in the field of human rights, the protection of refugees, and international humanitarian law.
Art. 3 - For the purposes of this law, the following terms are defined:
* Conspiracy: any plot formed for any duration, regardless of the number of its members, with the aim of committing one of the offenses provided for by this law, without the necessity of the existence of a structural organization or a determined and official distribution of their roles or continuity of their membership in this conspiracy.
* Organization: a structured group composed of three or more persons, formed for any duration and operating in concert, with the aim of committing one of the offenses provided for by this law on national territory or abroad.
* Transnational offense: an offense is considered transnational in the following cases:
- if it is committed on national territory and in one or more other foreign states,
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(1) Preparatory works:
Discussion and adoption by the Assembly of Representatives of the People in its session of July 25, 2015.
- if it is committed on national territory and the preparation, planning, conduct, or supervision is carried out from one or more foreign states,
- if it is committed in a foreign state and the organization, planning, conduct, or supervision is carried out from national territory,
- if it is committed on national territory by a conspiracy or an organization that engages in criminal activities in one or more states,
- if it is committed on national territory and produces effects in a foreign state, or if it is committed in a foreign state and produces effects on national territory.
* National territory: the land, sea, and air spaces over which the state exercises its sovereignty or jurisdiction in accordance with ratified international treaties.
The national territory also includes aircraft registered in the territory of the state as well as ships flying its flag regardless of where they are located.
* Aircraft in flight: an aircraft is considered in flight from the boarding of passengers and the closing of all its external doors until the moment one of those doors is opened for their disembarkation. In the case of a forced landing, the aircraft is still considered in flight until it is taken over by the competent authorities, including the aircraft, passengers, and cargo.
* Aircraft in service: an aircraft is considered in service as soon as the airport personnel and crew members begin its preparation for flight and until twenty-four hours after any landing. In all cases, the state of service includes the entire duration during which the aircraft is in flight.
* Persons enjoying international protection: the persons mentioned below, when they are in a foreign state,
1. A Head of State or a member of an authority, fulfilling under the constitution of the concerned state, the functions of Head of State as well as accompanying family members,
2. A Head of Government or a Minister of Foreign Affairs, as well as accompanying family members,
3. Any representative or official of a state or official or accredited personality to an intergovernmental organization, as well as accompanying family members, in cases where they are entitled to special protection in accordance with international law.
* Fixed platforms located on the continental shelf: an artificial island or a permanent establishment or structure fixed to the seabed for the purposes of exploration or exploitation of resources or for other economic purposes.
* Assets: assets obtained by any means regardless of their nature, tangible or intangible, movable or immovable, the income and profits derived therefrom as well as titles, documents, and legal acts, material or electronic, that prove ownership of these assets or the existence of a right over these assets or related to them.
* Freezing: the temporary prohibition of alienation, conversion, disposal of assets, transmission, or any other form of management, or the sequestration or provisional control of these assets by decision of a court or competent administrative authority.
* Confiscation: The permanent deprivation, total or partial, of assets, based on a decision rendered by a court.
* Nuclear materials: plutonium, except for plutonium whose isotopic concentration in plutonium 238 exceeds 85%, uranium 233, uranium enriched in uranium 235 or 233, uranium containing the mixture of isotopes found in nature otherwise than in the form of ore or ore residue, and any material containing one or more of the aforementioned elements.
* Nuclear installation:
1- Any nuclear reactor, including reactors installed aboard ships, vehicles, aircraft, or spacecraft used as a power source for propelling these ships, vehicles, aircraft, or spacecraft, or for any other purpose.
2- Any facility or means of transport used to produce, store, process, transport, use, handle, and dispose of radioactive materials, which can, if damaged or misused, release large amounts of radiation or radioactive materials.
* Radioactive materials: nuclear substances or other radioactive substances containing nuclides that spontaneously disintegrate and
which is an operation accompanied by the emission of one or more types of ionizing radiation, such as alpha, beta, gamma radiation, as well as neutron particles, and which can, due to their radioactive or fissile properties, cause death or serious bodily harm or substantial damage to property or the environment.
* Biological weapons: microbiological agents or other biological agents, as well as toxins regardless of origin or mode of production, of types and in quantities that are not justified by prophylactic, preventive, or other peaceful purposes, as well as weapons, or vectors of contamination intended for the use of such agents or toxins for hostile purposes or in armed conflicts.
* Legal entity: any entity endowed with its own resources and an autonomous heritage, distinct from that of its members or associates, even if the legal personality has not been attributed to it under a special legal text.
Art. 4 - The provisions of the penal code, the code of criminal procedure, and the military justice code, as well as special texts related to certain offenses and their procedures, apply to the offenses outlined in this law, without prejudice to any conflicting provisions.
Children are governed by the child protection code
CHAPTER ONE
On the fight against terrorism and its repression
Section 1 - General Provisions
Art. 5 - Anyone who incites, by any means, the commission of terrorist offenses as defined by this law is guilty of such offenses and incurs half of the associated penalties, provided that the act presents, by its nature or context, a potential danger of their commission.
If the applicable penalty is the death penalty or life imprisonment, it shall be replaced by a sentence of twenty years' imprisonment.
Anyone who resolves to commit the terrorist offenses outlined in this law, and is punished with half of the associated penalties, is guilty if this resolution is accompanied by any preparatory act aimed at its execution.
Art. 6 – Administrative surveillance is mandatorily imposed on the perpetrators of terrorist offenses defined by this law for a minimum period of three years, not to exceed ten years unless the jurisdiction decides to reduce this penalty below the legal minimum.
This does not preclude the imposition of all or part of the complementary penalties provided by law.
Art. 7 - A legal entity is prosecuted if the commission of the terrorist offenses outlined by this law represents the true reason for its creation, or if such offenses have been committed on its behalf, or if it has obtained benefits or income from them, or if it is established that it provides support, in any form, to individuals, organizations, or activities related to the terrorist offenses outlined by this law.
The legal entity shall be fined an amount equal to the value of the goods obtained from terrorist crimes. The fine shall not in any case be less than five times the amount required for individuals.
The court may also impose a prohibition on the legal entity from conducting its activities for a maximum period of five years or may order its dissolution.
Without prejudice to the prosecution of legal entities, the penalties outlined in this law are applicable to their representatives, leaders, partners, or agents, provided their personal responsibility has been established.
Art. 8 - Anyone who belongs to a terrorist organization or conspiracy, or who has an individual project aimed at committing one of the terrorist offenses outlined by this law or related offenses, and who takes the initiative to inform the competent authorities of information or intelligence that reveals the offense and prevents its execution, shall be exempt from the penalties incurred.
The court must place them under administrative surveillance or prohibit them from residing in specified locations for a minimum duration of two years, not to exceed five years, unless the court decides to reduce this penalty below the legal minimum.
Art. 9 - Anyone who belongs to a terrorist organization or conspiracy, or who has an individual project aimed at committing one of the terrorist offenses outlined by this law or related offenses, is punished with half of the penalties primarily applicable for the terrorist offense or the related offense, if the information and intelligence provided to the competent authorities during the preliminary investigation, prosecutions, instruction, or trial has led to the termination of terrorist offenses or related offenses, or to prevent a murder, or to identify or apprehend all or part of its perpetrators.
The penalty shall be twenty years of imprisonment if the main penalty is the death penalty or life imprisonment.
Art. 10 - Without prejudice to the application of specific mitigating circumstances for minors, the maximum penalty for a terrorist offense shall be imposed if:
- it is committed by those to whom the law has entrusted the observation and repression, whether they are principal authors or accomplices,
- it is committed by agents of the armed forces, agents of internal security forces, or customs agents, whether they are principal authors or accomplices,
- it is committed by those responsible for the administration of businesses, locations, services, or means of transport referred to; by those who supervise them or those who work there, whether they are principal authors or accomplices,
- it is committed using a child,
- it is committed by a conspiracy or a terrorist organization,
- it is a transnational crime.
Art. 11 - If several terrorist offenses are committed for the same purpose and are connected to each other, the perpetrator faces separate penalties for each offense.
If several distinct terrorist offenses are committed, the perpetrator is punished for each offense separately.
Art. 12 - The court decides, in the same judgment, to expel the foreign national convicted of terrorist offenses from Tunisian territory, after serving their sentence.
The foreign national convicted under this law is prohibited from entering Tunisia for ten years for a misdemeanor conviction, and for life for a felony conviction. Any convicted individual who violates this prohibition is punishable by one to five years of imprisonment and a fine ranging from ten thousand dinars to fifty thousand dinars.
Attempts are also punishable.
Section 2
On terrorist offenses and the penalties incurred
Art. 13 - A person is guilty of a terrorist offense if they commit, by any means, in pursuit of an individual or collective project, any act described in Articles 14 to 36, and if that act, by its nature or context, is intended to instill terror among the population or to compel a State or an international organization to perform an act within their prerogatives or to refrain from doing so.
Art. 14 - The following acts constitute terrorist offenses:
Firstly: murder,
Secondly: Causing injuries or inflicting blows or committing any other acts of violence as defined in Articles 218 and 319 of the Penal Code,
Thirdly: Causing injuries or inflicting blows or committing any other acts of violence not covered by the second case,
Fourthly: Causing damage to the premises of a diplomatic or consular mission or an international organization,
Fifthly: Compromising food security and the environment in a manner that disrupts the balance of food and environmental systems or natural resources, or endangers the health or lives of residents,
Sixthly: Intentionally opening flood discharge valves of dams or releasing toxic chemical or biological substances into these dams or water facilities with the intent to harm residents,
Seventhly: Causing damage to public or private property, vital resources, infrastructure, transportation or communication means, computer systems, or public services,
Eighthly: Accusing someone of apostasy or inciting hatred, animosity between races, doctrines, and religions, or promoting such behavior.
Anyone who commits the act described in the first case is punishable by death and a fine of two hundred thousand dinars, or if the acts mentioned in the other cases result in the death of a person.
Anyone who commits the act described in the third case, or if the acts described in the fourth, fifth, sixth, seventh, and eighth cases result in bodily harm as outlined in the third case, is punishable by life imprisonment and a fine of one hundred fifty thousand dinars.
The penalty is twenty years of imprisonment and a fine of one hundred thousand dinars if the acts in the fourth, fifth, sixth, seventh, and eighth cases result in bodily harm as described in the second case.
Anyone committing an act specified in the fourth, fifth, sixth, or seventh cases is punishable by ten to twenty years of imprisonment and a fine of fifty thousand to one hundred thousand dinars.
Anyone committing the act described in the second or eighth case is punishable by one to five years of imprisonment and a fine of five thousand to ten thousand dinars.
Art. 15 - A person who intentionally commits one of the following acts is guilty of a terrorist offense and is punishable by ten to twenty years of imprisonment and a fine of one hundred thousand dinars:
1. Committing an act of violence against a person aboard an aircraft in flight, if the act of violence falls under the provisions of Articles 218 and 319 of the Penal Code and is likely to jeopardize the safety of the aircraft,
2. Seizing or taking control, by any means, of a civil aircraft in service or in flight,
3. Destroying or causing damage to a civil aircraft in service, rendering it unfit for flight or likely to compromise its safety,
4. Placing or causing to be placed on a civil aircraft in service, by any means, devices or substances likely to destroy it or cause damage rendering it unfit for flight or likely to compromise its safety,
5. Destroying, damaging, or obstructing the operation of air navigation facilities, likely to compromise the safety of civil aircraft in flight,
6. Using a civil aircraft in service or in flight to inflict bodily harm or damage to property, the environment, or vital resources.
The penalty incurred is twenty-five years of imprisonment and a fine of one hundred twenty thousand dinars if one of the acts described in cases 2 to 6 results in bodily harm as defined in Articles 218 and 319 of the Penal Code.
The penalty incurred is life imprisonment and a fine of one hundred fifty thousand dinars if one of the acts described in cases 1 to 6 results in bodily harm not covered by Articles 218 and 319 of the Penal Code.
The penalty incurred is the death penalty and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 16 - A person who intentionally transports or facilitates the transport on board a civil aircraft of:
- explosive or radioactive materials, knowing that their intended use is to cause death, bodily harm, or damage to property, the environment, or vital resources,
- a biological, nuclear, or chemical weapon, while being aware,
- raw materials, special fissile products, equipment, or materials specifically designed or prepared for the processing, use, or production of special fissile products, knowing that their intended use is for explosive nuclear activity or any other nuclear activity not subject to safeguards,
- equipment, materials, software, or related technologies that significantly contribute to the design, manufacture, or delivery of a biological, nuclear, or chemical weapon, intending to use them for that purpose.
The penalty incurred is twenty years of imprisonment and a fine of one hundred thousand dinars if one of these acts results in bodily harm as defined in Articles 218 and 319 of the Penal Code.
The penalty incurred is life imprisonment and a fine of one hundred fifty thousand dinars if one of these acts results in bodily harm not covered by Articles 218 and 319 of the Penal Code.
The penalty incurred is the death penalty and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 17 - Anyone who intentionally commits one of the following acts is guilty of a terrorist offense and is punished with twenty years of imprisonment and a fine of one hundred thousand dinars:
- Dropping or launching a biological, nuclear, or chemical weapon, explosive or radioactive materials, or other similar substances from a civil aircraft in service or in flight that causes death, bodily harm, damage to property, the environment, or vital resources,
- Using a biological, nuclear, or chemical weapon, explosive or radioactive materials, or other similar substances against a civil aircraft in service, in flight, or on board that results in death, bodily harm, damage to property, the environment, or vital resources.
The penalty is twenty-five years of imprisonment and a fine of one hundred twenty thousand dinars if one of these acts results in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of these acts results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 18 - Anyone who intentionally endangers the security of a civil aerodrome using a device, substance, or weapon by committing one of the following acts is guilty of a terrorist offense and punished with twenty years of imprisonment and a fine of one hundred thousand dinars:
1. Committing serious violence against a person inside a civil aerodrome,
2. Destroying or severely damaging the facilities of a civil aerodrome or a civil aircraft out of service located there,
3. Hindering air navigation activities at a civil aerodrome.
The penalty is twenty-five years of imprisonment and a fine of one hundred twenty thousand dinars if one of the acts specified in cases 2 and 3 results in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of the acts specified in cases one to three results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 19 - Anyone who, by any means, intentionally seizes or hijacks a civil ship is guilty of a terrorist offense and punished with ten to fifteen years of imprisonment and a fine of fifty thousand to one hundred thousand dinars.
Anyone who intentionally compromises the safety of a civil ship during navigation by committing one of the following acts is punished with the same penalties as stated in the previous paragraph:
1. Committing an act of violence, as defined in articles 218 and 319 of the penal code, against a person on board a civil ship,
2. Destroying or causing damage to a civil ship or its cargo,
3. Placing or causing to be placed, on a civil ship, by any means, devices or substances that may destroy or cause damage to that ship or its cargo,
4. Destroying or damaging maritime navigation servitudes or hindering their functioning,
5. Using, on board a civil ship or against it, explosive or radioactive materials, or biological, chemical, or nuclear weapons, or discharging them, so that they cause death, bodily harm, damage to property, or to the environment or vital resources,
6. Discharging, from a civil ship, hydrocarbons, liquefied natural gas, or any other dangerous substances, other than those mentioned in the previous case, in quantities or concentrations likely to cause death, bodily harm, damage to property, or to the environment or vital resources,
7. Using a civil ship in a manner that is likely to cause death, bodily harm, damage to property, or to the environment or vital resources.
The penalty is twenty years of imprisonment and a fine of one hundred thousand dinars if the acts specified in cases 2 to 7 result in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if the acts in cases 1 and 7 result in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 20 - Anyone who intentionally transports, illegally and outside the scope of ratified international conventions, aboard a civil ship, the following materials is guilty of a terrorist offense and punished with ten to fifteen years of imprisonment and a fine of fifty thousand to one hundred thousand dinars:
1. Explosive or radioactive materials, knowing that the aim of their use is to cause death, bodily harm, damage to property, the environment, or vital resources, or to threaten them,
2. A biological, nuclear, or chemical weapon, being aware of it,
3. Raw materials, special fissile products, equipment, or materials specifically designed or prepared for the processing, use, or production of special fissile products, knowing that the aim of their use is an explosive nuclear activity or any other nuclear activity not subject to safeguards in accordance with the comprehensive safeguards agreement of the International Atomic Energy Agency,
4. Equipment, materials, software, or related technologies that significantly contribute to the design, manufacture, or delivery of a biological, nuclear, or chemical weapon, intending to use them for that purpose,
5. Transporting a person aboard a civil ship knowing that he has committed one of the offenses referred to in this article and in article 19 of this law.
The penalty is twenty years of imprisonment and a fine of one hundred thousand dinars if one of these acts results in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of these acts results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 21 - Anyone who maliciously disseminates false information that compromises the safety of civil aircraft and ships during navigation is guilty of a terrorist offense and punished with one to five years of imprisonment and a fine of five to ten thousand dinars.
The penalty is six years of imprisonment and a fine of twenty thousand dinars if the dissemination of this false information causes bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of these acts results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 22 - Anyone who seizes or takes control, by any means, of a fixed platform located on a continental shelf is guilty of a terrorist offense and punished with ten to fifteen years of imprisonment and a fine of fifty thousand to one hundred thousand dinars.
Anyone who intentionally compromises the security of a fixed platform located on the continental shelf by committing the following acts is punished with the same penalties as stated in the previous paragraph:
1. Committing violence, as defined in articles 218 and 319 of the penal code, against a person on a fixed platform located on the continental shelf.
2. Destroying or causing damage to fixed platforms located on the continental shelf.
3. Placing or causing to be placed on a fixed platform located on the continental shelf, by any means and of any type, equipment or substances that may destroy this platform or cause it damage.
4. Using, on board a fixed platform or against it, explosive or radioactive materials, or biological, chemical, or nuclear weapons, or discharging them, so that they cause death, bodily harm, damage to property, or to the environment or vital resources.
5. Discharging, from a fixed platform, hydrocarbons, liquefied natural gas, or any dangerous substances, other than those mentioned in the previous case, in quantities or concentrations likely to cause death, bodily harm, damage to property, to the environment, or to vital resources.
The penalty is twenty years of imprisonment and a fine of one hundred thousand dinars if one of the acts specified in cases 2 to 5 results in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of the acts specified in cases 1 to 5 results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 23 - Anyone who intentionally delivers an explosive or incendiary device or one designed to disseminate chemical, biological, or radioactive materials or any other device causing death, bodily harm, damage to property, the environment, or vital resources, or places, launches, or detonates this device in or against a public place or a state or public service, a public transport network, or infrastructure, intending to cause death or bodily harm or provoke damage to property, the environment, or vital resources, is guilty of a terrorist offense and punished with six to twelve years of imprisonment and a fine of twenty thousand to fifty thousand dinars.
The penalty is twenty years of imprisonment and a fine of one hundred thousand dinars if one of these acts results in bodily harm as defined in articles 218 and 319 of the penal code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if one of these acts results in bodily harm not covered by articles 218 and 319 of the penal code.
The penalty is death and a fine of two hundred thousand dinars if one of these acts results in the death of a person.
Art. 24 - Anyone who intentionally steals or fraudulently obtains nuclear materials is guilty of a terrorist offense and is punishable by six to twelve years of imprisonment and a fine ranging from twenty thousand to fifty thousand dinars.
Anyone who intentionally commits any of the following acts is punishable by twenty years of imprisonment and a fine of one hundred thousand dinars:
1. taking control of nuclear or radioactive materials, a radioactive device, or a nuclear facility through the use of violence or threats of violence,
2. receiving, possessing, using, or threatening to use, transporting, modifying nuclear materials, disposing of or destroying them, or using a nuclear facility or damaging it in a way that causes or threatens to cause the spread of radioactive materials, resulting in death or bodily harm, or damage to property, the environment, or vital resources.
The penalty is twenty years of imprisonment and a fine of one hundred twenty thousand dinars if bodily harm results from any of the acts mentioned in cases 1 and 2, falling under the provisions of articles 218 and 319 of the Penal Code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if bodily harm results from any of the acts mentioned in cases 1 and 2, which do not fall under the provisions of articles 218 and 319 of the Penal Code.
The penalty is death and a fine of two hundred thousand dinars if any of these acts mentioned in cases 1 and 2 result in the death of a person.
Art. 25 - Anyone who commits violence against a person under international protection is guilty of a terrorist offense and is punishable by ten years of imprisonment and a fine of fifty thousand dinars if the acts of violence fall under the provisions of articles 218 and 319 of the Penal Code.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if the acts of violence do not fall under the provisions of articles 218 and 319 of the Penal Code.
The penalty is death and a fine of two hundred thousand dinars if the act of violence results in death.
Art. 26 - Anyone who intentionally commits any of the following acts is guilty of a terrorist offense and is punishable by twenty years of imprisonment and a fine of one hundred thousand dinars:
1. kidnapping or hijacking a person under international protection or attempting to do so,
2. capturing, arresting, imprisoning, or sequestering a person under international protection without legal authorization,
3. causing damage to official buildings, private residences, or means of transportation of entities or individuals under international protection, in a manner that endangers their life or freedom or that of the persons residing with them.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if the above acts are committed with the intent to demand a ransom, execute an order or condition, using fraud, violence, or threats of violence, or using a weapon, wearing a false uniform, a false identity, or a false order from a public authority, or if it results in bodily harm or illness.
The penalty is death and a fine of two hundred thousand dinars if it results in death.
Art. 27 - Anyone who commits voluntary homicide against a person under international protection is guilty of a terrorist offense and is punishable by death and a fine of two hundred thousand dinars.
Art. 28 - Anyone who captures, arrests, imprisons, or sequesters a person without legal authorization and threatens to kill or harm them, or continues to sequester them in order to compel a third party, whether a state, international organization, natural or legal person, or group of persons, to perform a specific act or to refrain from doing so as a condition for the release of the hostage is guilty of a terrorist offense and is punishable by twenty years of imprisonment and a fine of one hundred thousand dinars.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if the capture, arrest, imprisonment, or sequestering is accompanied by violence or threats, or if the act is executed using a weapon or by several persons, or if the capture, arrest, imprisonment, or sequestering lasts more than a month, or if it results in bodily harm or illness, or if the operation aims to prepare or facilitate the commission of a crime or offense or to ensure the escape or impunity of the aggressors or their accomplices in a crime or offense, as well as to execute an order or condition or to harm the physical integrity of one or more victims.
The penalty is death and a fine of two hundred thousand dinars if these acts result in death.
Art. 29 - Anyone who, in the context of a terrorist offense, commits an assault on the modesty of a person of either sex without their consent is guilty of a terrorist offense and is punishable by ten to twenty years of imprisonment and a fine of fifty thousand to one hundred thousand dinars.
The penalty is life imprisonment and a fine of one hundred fifty thousand dinars if the victim is under eighteen years of age or if the assault on modesty is preceded or accompanied by the use of a weapon, threats, sequestering, or has resulted in injuries, mutilation, disfigurement, or any other act that endangers the victim's life.
The penalty is death and a fine of two hundred thousand dinars if the assault on modesty results in the victim's death.
Anyone who intentionally commits the crime of rape within the context of a terrorist offense is also punishable by death.
Art. 30 - Anyone who threatens to commit the offenses provided for in the previous articles in order to force a natural or legal person to perform any act or to refrain from doing so is guilty of a terrorist offense and is punishable by six to twelve years of imprisonment and a fine of twenty thousand to fifty thousand dinars.
Art. 31 - Anyone who, by any means, intentionally commits, inside or outside the Republic, the public and express glorification of a terrorist offense, its authors, an organization, an agreement, its members, its activities, or its opinions and ideas related to these terrorist offenses is guilty of a terrorist offense and is punishable by one to five years of imprisonment and a fine of five thousand to twenty thousand dinars.
Art. 32 - Anyone who voluntarily joins, inside or outside the territory of the Republic, in any capacity, a terrorist organization or agreement related to terrorist offenses, or receives training inside or outside the territory of the Republic for the purpose of committing one of the terrorist offenses provided for in this law is guilty of a terrorist offense and is punishable by six to twelve years of imprisonment and a fine of twenty thousand to fifty thousand dinars.
The penalty is ten to twenty years of imprisonment and a fine of fifty thousand to one hundred thousand dinars for those who have formed the aforementioned organizations and agreements.
Art. 33 - Anyone who knowingly commits any of the following acts is guilty of a terrorist offense and is punishable by six to twelve years of imprisonment and a fine of twenty thousand to fifty thousand dinars:
1. using the territory of the Republic or the territory of a foreign state to recruit or train a person or group of persons for the purpose of committing one of the terrorist offenses provided for in this law, inside or outside the territory of the Republic,
2. using the territory of the Republic to commit one of the terrorist offenses provided for in this law against another state or its citizens or to carry out preparatory acts there,
3. traveling outside the territory of the Republic with the intent to commit one of the terrorist offenses provided for in this law or inciting, receiving, or providing training to commit them,
4. entering or crossing the territory of the Republic with the intent to travel abroad to commit one of the terrorist offenses provided for in this law or inciting, receiving, or providing training to commit them.
Art. 34 - Anyone who intentionally commits any of the following acts is guilty of a terrorist offense and is punishable by ten to twenty years of imprisonment and a fine of fifty thousand to one hundred thousand dinars:
1. informing, arranging, facilitating, assisting, acting as an intermediary, organizing, by any means, even free of charge, the entry or exit of a person from Tunisian territory, legally or clandestinely, whether from crossing points or others, with the intent to commit one of the offenses provided for in this law,
2. providing, by any means, materials, equipment, uniforms, means of transport, supplies, electronic sites, documents, or images for the benefit of a terrorist organization or agreement or persons related to the terrorist offenses provided for in this law,
3. putting skills or experts at the service of a terrorist organization or agreement or persons related to the terrorist offenses provided for in this law,
4. disclosing, providing, or publishing, directly or indirectly, by any means, information for the benefit of a terrorist organization or agreement or persons related to the terrorist offenses provided for in this law, to assist in committing or concealing these offenses or profiting from them or ensuring the impunity of their authors,
5. providing a meeting place for members of a terrorist organization, agreement, or persons related to the terrorist offenses provided for in this law, housing or hiding them or facilitating their escape or providing them refuge or ensuring their impunity or benefiting from the proceeds of their crimes,
6. manufacturing or falsifying a national identity card, passport, other permits or administrative certificates for the benefit of a terrorist organization, agreement, or persons related to the terrorist offenses provided for in this law.
Art. 35 - Anyone who knowingly commits any of the following acts is guilty of a terrorist offense and is punishable by twenty years of imprisonment and a fine of one hundred thousand dinars:
1. introducing, exporting, importing, smuggling, transferring, selling, marketing, manufacturing, repairing, modifying, buying, possessing, exhibiting, storing, carrying, transporting, delivering, or distributing military and defense firearms and ammunition, whether fully assembled or disassembled into parts,
2. providing, by any means, weapons, explosives, or ammunition.
Art. 36 - Anyone who, by any means, directly or indirectly, intentionally commits one of the following acts is guilty of a terrorist offense and is punishable by six to twelve years of imprisonment and a fine of fifty thousand to one hundred thousand dinars:
1. donating, collecting, handing over, or providing funds, knowing that the objective is to finance individuals, organizations, or activities related to the terrorist offenses provided for in this law, regardless of the lawful or unlawful origin of these goods,
2. donating, collecting, handing over, or providing funds, knowing that the objective is to finance the travel of individuals outside the territory of the Republic to join a terrorist organization or agreement, commit one of the terrorist offenses, or receive or provide training to commit them.
3. concealing or facilitating the concealment of the true origin of movable or immovable goods, revenues, or profits belonging to individuals or legal entities, regardless of their form, or agreeing to deposit them under a false name or integrate them, knowing that the objective is to finance individuals, organizations, or activities related to the terrorist offenses, regardless of the lawful or unlawful origin of these goods.
The amount of the fine can be increased to five times the value of the goods subject to the offenses provided for in this article.
Art. 37 - Anyone, even if bound by professional secrecy, who fails to report to the competent authorities, without delay and within the scope of the acts they have learned about, the facts, information, or intelligence regarding the commission of terrorist offenses provided for in this law or their potential commission is guilty of a terrorist offense and is punishable by one year to five years of imprisonment and a fine of five thousand to ten thousand dinars.
The provisions of the previous paragraph do not apply to ascendants, descendants, and spouses.
Lawyers and doctors are also exempt regarding the secrets they learned during or in connection with the exercise of their mission.
Journalists are also exempt in accordance with the provisions of Decree-Law No. 2011-115 of November 2, 2011, regarding the freedom of the press, printing, and publishing.
These exceptions do not extend to information they learned about and whose reporting to the authorities would have allowed the prevention of the commission of terrorist offenses in the future.
No action for damages or criminal liability can be taken against anyone who has, in good faith, fulfilled the duty to report.
Section 3
Judicial Police Officers
Art. 38 - The judicial police officers of the jurisdiction of the First Instance Court of Tunis, authorized to ascertain terrorist offenses, exercise their functions throughout the territory of the Republic, notwithstanding the rules of territorial competence. Officers of the military judicial police exercise their functions related to the ascertainment of terrorist offenses.
Art. 39 - Judicial police officers are required to notify, without delay, the public prosecutor to whom they report, of the terrorist offenses they have learned about. They cannot detain a defendant for more than five days.
They must also notify, without delay, the relevant authorities if the defendant is a member of the armed forces, internal security forces, or customs officers. Public prosecutors at the First Instance Courts are required to immediately forward the aforementioned notifications to the public prosecutor at the First Instance Court of Tunis for further action.
Section 4
Judicial Pole for the Fight Against
Terrorism
Art. 40 - A judicial pole for the fight against terrorism is established within the jurisdiction of the Court of Appeal of Tunis, tasked with handling terrorist offenses provided for in this law and related offenses.
The judicial pole for the fight against terrorism consists of representatives from the public prosecutor's office, investigating judges, judges of indictment chambers, and judges of criminal and correctional chambers of first instance and appeal. They are selected based on their training and experience in cases related to terrorist offenses.
Subsection 1 - The Public Prosecutor's Office
Art. 41 - The public prosecutor at the First Instance Court of Tunis is solely competent to initiate and conduct public action concerning terrorist offenses provided for in this law and related offenses.
He is assisted by at least second-grade substitutes among those who have been appointed to the judicial pole for the fight against terrorism.
Public prosecutors at First Instance Courts other than Tunis are authorized to conduct urgent preliminary investigations to ascertain the offense, gather evidence, and seek the authors. They receive voluntary denunciations, complaints, reports, and related documents, question the defendant summarily upon their appearance, and decide to place them at the disposal of the public prosecutor at the First Instance Court of Tunis with reports, written minutes, and evidence.
The public prosecutor at the First Instance Court of Tunis is the only one authorized to extend the duration of police custody twice for the same period provided for in Article 39 of this law, by a reasoned order, including the factual and legal reasons justifying it. The public prosecutor at the First Instance Court of Tunis must notify, without delay, the Attorney General at the Court of Appeal of Tunis of all ascertained terrorist offenses and immediately request the investigating judge of his jurisdiction to proceed to inform him.
Art. 42 - The public prosecutor at the Court of Appeal of Tunis is represented by the Attorney General at the Court of Appeal of Tunis or his third-grade substitutes among those who have been appointed to the judicial pole for the fight against terrorism.
Subsection 2 - Investigation
Art. 43 - Investigation is mandatory in cases of terrorist offenses.
Judges of the third grade conduct investigative acts at the judicial pole for the fight against terrorism throughout the territory of the Republic, notwithstanding the rules of territorial jurisdiction.
Art. 44 - The investigating judge is required to confiscate weapons, ammunition, explosives, and other materials, tools, equipment, and documents that are used or that are intended to facilitate the commission of the offense.
He must also confiscate objects whose manufacture, possession, use, or marketing constitutes an offense.
An inventory is made as far as possible in the presence of the defendant, or of the person in possession of the seized objects. The investigating judge prepares a report containing the description of the seized objects, their characteristics, and all useful indications, mentioning the date of seizure and the case number.
Art. 45 - The investigating judge may, ex officio or at the request of the public prosecutor, order the freezing of movable or immovable property and the financial assets of the defendant, set the terms of their management, or order, where appropriate, their sequestration.
He must ensure that the defendant has access to part of their property sufficient to cover their necessary needs as well as those of their family, including housing.
He may also order, even ex officio, the lifting of the above measures.
The investigating judge rules on the request for lifting the measures within four days from the date of its presentation.
The order of the investigating judge regarding the lifting or total or partial refusal of the lifting of these measures is subject to appeal before the indictment chamber by the public prosecutor, the defendant, or their lawyer within four days from the date of communication for the public prosecutor, and from the date of notification for others.
The appeal of the public prosecutor suspends the execution of the order.
In case of appeal, the investigating judge submits the case file to the indictment chamber as soon as the appeal period has expired for the public prosecutor, the defendant, or their lawyer.
The indictment chamber rules on the appeal request within a maximum of eight days from the date of receipt of the file; otherwise, the measure is lifted ex officio.
Art. 46 - In exceptional cases, the investigating judge may, at the request of the witness, not confront them with the suspect or another witness if the necessity of protecting the witness requires it or if the evidence they presented does not constitute the only or most important element of conviction to prove the accusation.
Art. 47 - If the witness fails to meet the requirements of testimony, the investigating judge prepares an independent report which is forwarded to the public prosecutor to assess the opportunity to bring the witness before the competent court according to the direct citation procedure, without the need to request an investigation.
Art. 48 - Anyone who fails to meet the requirements of testimony in one of the terrorist offenses is punishable by three to six months of imprisonment and a fine of one hundred to two thousand dinars.
Subsection 3 - Courts of Judgment
Art. 49 - The First Instance Court of Tunis, through judges appointed to the judicial pole for the fight against terrorism, is solely competent, to the exclusion of all other judicial or military courts, to hear terrorist offenses provided for in this law and related offenses if they are committed:
- on national territory,
- aboard a civil or military aircraft that has landed on the territory of the Republic and the author is on board,
- aboard a civil aircraft rented without crew to an operator having its main domicile or permanent residence in Tunisian territory,
- against a civilian vessel flying the flag of the Tunisian state, during the commission of the offense or against a Tunisian military vessel.
Art. 50 - The provisions of the first, second, and third paragraphs of Article 45 and the provisions of Article 46 of this law are applicable to the courts of judgment.
Art. 51 - The court orders the confiscation of property used to commit or facilitate the commission of the offense or if it has been proven that they result directly or indirectly from the offense, even if transferred to other estates, whether they remain in their state or are converted into other property, without prejudice to the rights of third parties acquired in good faith.
If effective seizure has not been made possible, a fine equivalent to confiscation is imposed, which cannot be less than the value of the property subject to the offense.
The court also orders the confiscation of weapons, ammunition, explosives, and other materials, tools, and equipment used to commit or facilitate the execution of the offense as well as any object whose manufacture, possession, use, or marketing constitutes an offense.
The court also orders the elimination or censorship of all audio or audiovisual sequences and other digital publications or computer data constituting terrorist offenses or used for the commission of these offenses.
Art. 52 - The court may order the confiscation of all or part of the movable or immovable property and financial assets of the convicted person, if it is established that the purpose of their use is to finance individuals, organizations, or activities related to terrorist offenses.
Art. 53 - The penalty is enforceable in cases of terrorist offenses notwithstanding the opposition to the judgment by default.
Section 5
Special Investigation Techniques
Subsection 1 - Interception of Communications
Art. 54 - In cases where the needs of the investigation require it, the public prosecutor or the investigating judge may resort to intercepting the communications of the accused, based on a written and reasoned decision.
The interception of communications includes data streams, listening, or access to their content, reproduction, and recording using appropriate technical means, and, if necessary, involving the technical telecommunications agency, public telecommunications network operators, access networks, and telecommunications service providers, each according to the type of service provided.
Data streams consist of information that can identify the type of service, the source of the communication, its destination, the transmission network, the time, date, volume, and duration of the communication.
The decision of the public prosecutor or the investigating judge must include all elements allowing the identification of the communications subject to the interception request, as well as the acts justifying the interception and its duration.
The duration of the interception may not exceed four months from the date of the decision. It may be renewed only once and for the same duration by a reasoned decision.
The authority responsible for executing the interception is required to inform the public prosecutor or the investigating judge, as applicable, by any means leaving a written record, of the arrangements made to carry out the mission and the actual start date of the interception operation.
The decision provided for in this article may be withdrawn at any time.
Art. 55 - The authority executing the interception must carry out its mission in coordination with the public prosecutor or the investigating judge, as appropriate, and under their control, and inform them by any means leaving a written record of the progress of the interception operation, allowing them to take the necessary measures for the proper conduct of the investigation.
Correspondences and reports related to the interception operation are recorded in an independent and special file that is attached to the main file before a decision to open or close the investigation is made.
Art. 56 - At the conclusion of its work, the agency responsible for executing the interception establishes a descriptive report of the arrangements made, the operations carried out, and the results, to which are mandatorily attached the data that may have been collected, reproduced, or recorded, as well as the data necessary for their preservation, consultation, or deciphering, and useful for the manifestation of the truth.
If the data collected from the interception does not lead to criminal prosecution, it benefits from protection provisions, in accordance with the legislation in force regarding personal data protection.
Subsection 2 – Infiltration
Art. 57 - In cases where the needs of the investigation require it, infiltration may take place through a police officer using a false identity or through an informant recognized by the judicial police officers authorized to detect terrorist offenses.
Infiltration is carried out by written and reasoned decision of the public prosecutor or the investigating judge and under their control for a duration not exceeding four months, renewable for the same duration by a reasoned decision.
The decision provided for in this article may be withdrawn at any time.
Art. 58 - The decision issued by the public prosecutor or the investigating judge includes the fingerprint, genetic fingerprint, and false identity of the infiltrator. This decision applies across the entire territory of the Tunisian Republic.
It is prohibited to reveal the real identity of the infiltrator, regardless of the reason.
Any revelation is punishable by six to ten years in prison and a fine of fifteen thousand dinars.
The penalty is increased to fifteen years in prison and a twenty thousand dinar fine when the revelation leads to injury or any other form of violence against the infiltrator, their spouse, children, or parents, as provided for in articles 218 and 319 of the penal code.
When this revelation leads to the death of the infiltrator or one of the persons mentioned in the previous paragraph, the penalty is increased to twenty years in prison and a thirty thousand dinar fine, without prejudice to the application of more severe penalties related to voluntary homicide.
Art. 59 - The infiltrator is not criminally responsible when they carry out, in good faith, the acts necessary for the infiltration operation.
Art. 60 - The judicial police officer in charge must supervise the infiltration operation and submit reports to the public prosecutor or the investigating judge when necessary, or if a request has been made, and at the completion of the infiltration operation. Only the final report is recorded in the case file.
Subsection 3 – Audiovisual Surveillance
Art. 61 - When the needs of the investigation require it, the public prosecutor or the investigating judge may, as appropriate, order by means of a written and reasoned decision, the judicial police officers responsible for detecting the terrorist offenses provided for by this law to install technical devices in the personal belongings of the accused, in private or public places, premises, or vehicles, to discreetly capture, fix, transmit, and record their words and images and to locate them.
The decision of the public prosecutor or the investigating judge includes, as appropriate, the authorization to access the places, premises, or private vehicles, even outside the hours provided for by the code of criminal procedure, without the knowledge or consent of the owner or any person with rights over the vehicle or place.
The aforementioned decision includes all elements allowing the identification of the personal belongings, places, premises, or private or public vehicles subject to audiovisual surveillance, the acts justifying it, as well as its duration.
The duration of audiovisual surveillance may not exceed two months from the date of the decision, renewable only once for the same duration and by a reasoned decision.
The decision provided for in this article may be withdrawn at any time.
The public prosecutor, the investigating judge, or the judicial police officers, as appropriate, may be assisted by any authorized agent and expert in order to install the technical devices.
Correspondences, reports, and recordings related to the audiovisual surveillance operation are recorded in an independent and special file that is attached to the main file before a decision to open or close the investigation is made.
At the conclusion of its work, the agency responsible for audiovisual surveillance establishes a descriptive report of the arrangements made, the operations carried out, their location, date, time, and results, to which are mandatorily attached the audiovisual recordings that may have been collected and which are useful for the manifestation of the truth.
Conversations in foreign languages are translated into Arabic by a sworn interpreter.
If the data collected from audiovisual surveillance does not lead to criminal prosecution, they benefit from protection provisions, in accordance with the legislation in force regarding personal data protection.
Subsection 4 – Common Provisions for Special Investigation Techniques
Art. 62 – Anyone who intentionally discloses any information related to interception, infiltration, audiovisual surveillance operations, or the data collected therein is punishable by ten years in prison, without prejudice to the application of more severe penalties, if applicable.
Art. 63 - Anyone who threatens to disclose any information obtained through the use of special investigation means in order to compel a person to act or refrain from acting is punishable by five years in prison and a five thousand dinar fine.
Art. 64 - Anyone who, outside the cases authorized by law, intentionally intercepts communications and correspondences or conducts audiovisual surveillance without complying with legal provisions is punishable by one year in prison and a fine of one thousand dinars. Attempt is punishable.
Art. 65 - The evidence collected during an infiltration, interception, or audiovisual surveillance operation may only be invoked to the extent that it proves the offenses concerned by the investigation or any other terrorist offense.
Means that are unrelated to the investigation are destroyed as soon as a final judgment of conviction or acquittal is pronounced.
In all cases, all means, whether or not related to the investigation, are destroyed in the event that a final judgment of acquittal is pronounced.
In the event that a final judgment of conviction is pronounced, the means related to the investigation are kept in the court archives for the legal duration.
All means are destroyed in the case of the prescription of public action or in the case of a final decision of dismissal without further action.
The destruction operation is carried out in the presence of a representative of the public prosecutor's office.
A report is drawn up in all cases.
Section 6
From the National Commission for the Fight Against Terrorism
Art. 66 - A commission called the "National Commission for the Fight Against Terrorism" is established under the Presidency of the Government, which provides permanent secretariat.
Art. 67 - The National Commission for the Fight Against Terrorism is composed of:
- a representative of the Presidency of the Government, president serving full-time,
- a representative from the Ministry of Justice, vice-president, serving full-time,
- a representative from the Ministry of Justice's General Directorate of Prisons and Rehabilitation, member,
- two representatives from the Ministry of the Interior, members,
- a representative from the Ministry of National Defense, member,
- a representative from the Ministry of Foreign Affairs, member,
- a representative from the Minister in charge of Human Rights, member,
- a representative from the Ministry of Finance's General Directorate of Customs, member,
- a representative from the Ministry of Youth and Sports, member,
- a representative from the Ministry of Agriculture's Directorate of Forests, member,
- a representative from the Ministry of Women, Family, and Childhood, member,
- a representative from the Ministry of Religious Affairs, member,
- a representative from the Ministry of Culture, member,
- a representative from the Ministry of Education's Directorate of Programs, member,
- a first investigating judge specialized in terrorism cases, member,
- an expert from the Agency for Intelligence and Defense Security, member,
- an expert from the Technical Telecommunications Agency, member,
- an expert from the Tunisian Financial Analysis Commission, member.
The members of the National Commission for the Fight Against Terrorism are appointed by government decree upon the proposal of the relevant ministries and bodies for a term of six years. One-third of the composition of the Commission is renewed every two years.
The President of the Commission may convene any person with the required competence and expertise or a representative of civil society to attend the meetings of the Commission to benefit from their opinion on the issues submitted to it.
The expenses of the Commission are charged to the budget of the Presidency of the Government.
The organization and modes of operation of the Commission are determined by government decree.
Art. 68 - The National Commission for the Fight Against Terrorism is particularly tasked with the following missions:
- to monitor and evaluate the implementation of the resolutions of the specialized bodies of the United Nations related to the fight against terrorism, within the framework of respecting Tunisia's international obligations and to propose related directives,
- to propose necessary measures regarding organizations or individuals related to terrorist offenses provided for in this law, in light of the information and judicial backgrounds collected in reports submitted to the President of the Republic, the President of the Assembly of People's Representatives, and the Head of Government, as well as to the relevant administrative bodies,
- to provide opinions on draft legal texts related to the fight against terrorism,
- to conduct a national diagnostic study on the phenomenon of terrorism, its financing, and related criminal phenomena, in order to identify its characteristics, causes, assess its dangers, and propose means to combat this phenomenon. The study sets national priorities regarding combating this phenomenon. If necessary, an update of this study is carried out,
- to issue guiding principles for preventing and combating terrorism and to support international efforts in the fight against all its forms,
- to assist in establishing programs and policies to combat terrorism and propose appropriate mechanisms for their implementation,
- to coordinate and follow up national efforts in implementing protective measures for individuals concerned by protection under this law as well as measures to assist victims,
- to facilitate communication between different ministries and coordinate their efforts,
- to cooperate with international organizations and components of civil society concerned with the fight against terrorism and assist them in implementing their programs in this area,
- to collect information, data, and statistics regarding the fight against terrorism to create a database for the purpose of utilizing it in fulfilling its assigned missions. The concerned parties commit to allowing the Commission access to said information, data, and statistics for the execution of its activities. Professional secrecy cannot be opposed to it,
- to raise social awareness about the dangers of terrorism through awareness campaigns, cultural and educational programs, holding conferences, seminars, and publishing editions and guides,
- to organize training sessions and supervise training programs for experts at both the national and international levels,
- to participate in research and studies to modernize the legislation governing areas related to terrorism in order to implement the state's programs in combating this phenomenon.
Art. 69 - The National Commission for the Fight Against Terrorism cooperates with its foreign counterparts within the framework of the ratified international, regional, and bilateral conventions.
The cooperation provided for in the previous paragraph is conditioned by the respect for the principle of reciprocity and the commitment of similar bodies in foreign countries, in accordance with the legislation governing them, to maintain professional secrecy and not to transmit the data and information they have collected to another party or to exploit them for purposes other than combating the offenses provided for in this law and their repression.
Art. 70 - The National Commission for the Fight Against Terrorism establishes an annual report on its activities that necessarily includes its proposals for developing national mechanisms for combating terrorism, which will be disseminated to the public. The report is submitted to the President of the Republic, the President of the Assembly of People's Representatives, and the Head of Government.
The report is examined by a special commission in the Assembly of People's Representatives.
The Commission may also publish statements about its activities and programs.
Section 7
Protection Mechanisms
Art. 71 - Necessary measures are taken for the protection of persons entrusted by law with the observation and repression of terrorist offenses as provided for by this law, notably judges, judicial police officers, military judicial police officers, customs agents, and public authority agents.
Protection measures also apply to legal assistants, informants, victims, witnesses, and anyone who has committed, in any capacity, to report the offense to the competent authorities.
These measures are extended, where applicable, to the family members of the persons mentioned in the previous two paragraphs and to all those who may be targeted among their relatives.
Art. 72 - In addition to cases of legitimate defense, agents of the internal security forces, military personnel, and customs agents are not criminally liable when they use force or order its use if necessary for the execution of their mission, within the limits of the rules of law, internal regulations, and legally given instructions in the fight against the terrorist offenses provided for by this law.
Art. 73 - The investigating judge or the president of the court may, in cases of imminent danger and if circumstances require, order that investigations or hearings be conducted in a location other than the usual one, taking necessary measures to guarantee the suspect's right to defense.
They may proceed with the interrogation of the suspect and the hearing of any person whose testimony they deem useful using appropriate audiovisual communication means without the need for their personal appearance.
Appropriate measures are then taken to maintain the anonymity of the persons heard.
In exceptional cases and in the presence of real danger that may result from a public hearing, the competent judicial authority may decide ex officio, at the request of the public prosecutor's representative or at the request of any interested person, to hold hearings in camera.
In such cases, it is prohibited to disseminate information about the pleadings or decisions that may harm the privacy of the victims or their reputation, without prejudice to other guarantees provided by special texts.
Anyone who violates the provisions of the previous paragraph is punishable by one year of imprisonment and a fine of one thousand dinars.
Art. 74 - Persons referred to in the third paragraph of the previous article may, if called to testify before judicial police officers, the investigating judge, or any other judicial authority, choose to reside near the public prosecutor at the court of first instance in Tunis.
Their identity and address of their actual residence are then recorded in a confidential register that is numbered and initialed, maintained for this purpose by the public prosecutor at the court of first instance in Tunis.
Art. 75 - In case of imminent danger, and if circumstances require, it is possible to record all data allowing the identification of victims, witnesses, and any other person who has committed, in any capacity, to report the offense to the competent authorities, in independent records kept separately from the initial case file.
The identity of the persons mentioned in the previous paragraph, the data allowing their identification, as well as their signatures, are recorded in a confidential register that is numbered and initialed by the public prosecutor at the court of first instance in Tunis maintained for this purpose.
Art. 76 - The accused or their lawyer may request the judicial authority seized to reveal the identity of the persons mentioned in the first paragraph of the previous article within a maximum period of ten days from the date of consultation of the content of their statements. The date of the consultation must be recorded in the file followed by the signature of the person who consulted.
The seized judicial authority may order the lifting of the aforementioned measures and reveal the identity of the concerned person, if it appears that the request is justified, and there is no danger to fear for their life and property or for the life or property of their family members.
The investigating judge rules on the request to lift the measures within a maximum of four days from the date of submission of the request.
The public prosecutor notifies the decision regarding the revelation of their identity to the concerned person and receives their response.
The decision to lift or reject the lifting of the measures is subject to appeal before the indictment chamber, either by the public prosecutor or at the request of the person whose identity has been revealed. It may also be subject to appeals from the suspect, their lawyer, or the civil party, within ten days from the date of its communication to the public prosecutor and from the date of notification for others.
The appeal by the public prosecutor suspends the execution of the decision.
In case of appeal, the investigating judge immediately refers the case file to the indictment chamber.
The indictment chamber rules on the appeal request within eight days from the date of receipt of the file.
The decision made by the indictment chamber to lift the measure or confirm it is not subject to appeal.
Art. 77 - Under no circumstances may the protection measures impair the right of the accused or their lawyer or the civil party or their representative to consult the records and other documents of the case.
Art. 78 - Anyone who endangers the life or property of persons concerned by the protection or those of their family members by intentionally revealing any data allowing them to be identified is punishable by five to twelve years of imprisonment and a fine of five thousand to fifty thousand dinars, without prejudice, where applicable, to the application of more severe penalties.
The provisions of Article 58 of this law apply if the person concerned by the protection is the infiltrator.
Section 8
Assistance to Victims of Terrorism
Art. 79 - Victims benefit from free medical care and treatment in public health facilities. The National Commission for the Fight Against Terrorism ensures that victims receive the necessary medical assistance to guarantee their physical and psychological rehabilitation, in coordination with the relevant services and structures.
The commission also ensures that victims receive the necessary social assistance to facilitate their social reintegration in coordination with the relevant services and organizations.
Consideration is given in the implementation of these measures to the victims' age, gender, and specific needs.
Art. 80 - The National Commission for the Fight Against Terrorism ensures that victims are informed about the provisions governing judicial and administrative procedures that help them regularize their situation and obtain appropriate compensation for the damages suffered.
The commission also follows up on their cases with public authorities and provides assistance, if needed, to overcome obstacles that hinder access to their rights.
Art. 81 - Legal aid is mandatorily granted to victims of terrorism if they request it to initiate civil or criminal legal proceedings concerning them.
Art. 82 - The State commits to compensating victims of terrorism or their beneficiaries.
The conditions for the application of this article are set by government decree.
Section 9
Terrorist Offenses Committed Outside National Territory
Art. 83 - The First Instance Court of Tunis, through judges appointed to the judicial pole for the fight against terrorism, is competent to hear terrorist offenses provided for by this law and related offenses committed outside the national territory in the following cases:
- if committed by a Tunisian citizen,
- if committed against Tunisian parties or interests,
- if committed against foreign persons or interests, by a foreigner or stateless person whose habitual residence is in Tunisian territory or by a foreigner or stateless person present on national territory whose extradition has not been duly requested by the competent foreign authorities before a final judgment has been rendered against them by the competent Tunisian courts.
Art. 84 - In the cases provided for in Article 83 of this law, the initiation of public action does not depend on the criminalization of the acts subject to prosecution under the legislation of the state where they are committed.
Art. 85 - The Public Prosecutor at the First Instance Court of Tunis is solely competent to initiate and exercise public action for terrorist offenses provided for by this law and related offenses committed outside the national territory.
Art. 86 - Public action cannot be initiated against the perpetrators of terrorist offenses provided for by this law and related offenses if they prove that these offenses have acquired the force of a final judgment abroad, that they have served their entire sentence if a sentence is pronounced, or that this sentence is time-barred or covered by amnesty.
Section 10
Extradition
Art. 87 - Terrorist offenses are not considered political offenses that do not give rise to extradition under any circumstances.
Offenses related to the financing of terrorism are not considered tax offenses that do not give rise to extradition under any circumstances.
Art. 88 - Terrorist offenses provided for by this law give rise to extradition in accordance with the provisions of the Code of Criminal Procedure, if they are committed outside the territory of the Republic against a foreigner, or foreign interests by a foreigner or stateless person present on Tunisian territory.
Extradition is granted only if the competent Tunisian authorities receive a legal request from a competent state under its domestic legislation.
Extradition cannot be granted if there are real reasons to believe that the person subject to the extradition request risks torture or that this request aims to prosecute or sanction due to their race, color, origin, religion, sex, nationality, or political opinions.
Art. 89 - If it is decided not to extradite a person who is the subject of prosecution or trial abroad for one of the offenses provided for by this law, they are mandatorily prosecuted before the First Instance Court of Tunis.
Section 11
Prescription of Public Action and Penalties
Article 90 - Public action resulting from terrorist offenses provided for by this law is subject to a statute of limitations of twenty years for crimes and ten years for misdemeanors.
Art. 91 - Sentences pronounced for terrorist offenses are subject to a statute of limitations of thirty years if the acts constitute a crime. Nevertheless, the convicted person is prohibited from residing in the jurisdiction of the governorate where the offense was committed unless authorized by the competent administrative authority. Any violation of this measure is punishable by the penalties provided for violating the residence prohibition.
Sentences pronounced for misdemeanors are subject to a statute of limitations of ten years.
CHAPTER II
On the Fight Against Money Laundering and Its Repression
Art. 92 - Any intentional act aimed at the false justification of the illegal origin of movable or immovable property or income directly or indirectly derived from any crime or offense punishable by a prison sentence of three years or more is considered money laundering, as well as any offense sanctioned under the customs code.
Money laundering also includes any intentional act aimed at the placement, deposit, concealment, camouflage, management, integration, or preservation of proceeds directly or indirectly derived from the offenses mentioned in the previous paragraph, as well as attempts, complicity, incitement, facilitation, or provision of assistance to commit the act.
The offense of money laundering is independent of the principal offense regarding its constitution. It is proven by the existence of presumptions and sufficient evidence regarding the illegal origin of the property involved in the laundering.
The provisions of the previous paragraphs apply even if the offense from which the laundered money originates was not committed on Tunisian territory.
Art. 93 - The perpetrator of money laundering is punishable by one to six years of imprisonment and a fine ranging from five thousand to fifty thousand dinars.
The amount of the fine may be increased to an amount equal to half the value of the laundered money.
Art. 94 - The penalty is five to ten years of imprisonment and a fine ranging from ten thousand to one hundred thousand dinars when the offense is committed:
- in case of recidivism,
- by someone who benefits from the facilities provided by the exercise of their function or professional or social activity,
- by an organized group or conspiracy.
The amount of the fine may be increased to an amount equal to the value of the laundered money.
Art. 95 - When the prison sentence incurred for the principal offense from which the laundered money originates is greater than that provided for the offenses outlined in Articles 93 and 94 of this law, the perpetrator of the money laundering offense is punished with the penalties incurred under the principal offense, if it is established that they were aware of it.
Only the aggravating circumstances associated with the principal offense of which the perpetrator of the money laundering offense was aware are considered for determining the incurred penalty.
Art. 96 - The penalties provided for in the previous articles are extended, as applicable, to the leaders of legal entities, their representatives, agents, associates, and auditors whose personal responsibility is established.
This does not prevent prosecutions against said legal entities, if it is established that the laundering operations were carried out for their benefit, or that they resulted in income for them, or that the laundering operations constitute their object. They thus incur a fine equal to five times the amount of the fine provided for natural persons. The fine may be increased to an amount equal to the value of the laundered money.
This also does not prevent the extension of disciplinary and administrative sanctions provided for said legal entities in accordance with applicable legislation, including the prohibition from exercising their activity for a specified period or their dissolution.
Art. 97 - The competent judicial authority orders the seizure of the money subject to laundering as well as the proceeds generated directly or indirectly by the laundering offense. The court must pronounce the confiscation of the money in favor of the State. The confiscated money is mandatorily placed in a special account opened with the records of the Central Bank in the name of the General Treasury of Tunisia.
If effective seizure has not been made possible, a fine equivalent to the value of the money involved in the offense is imposed.
The court must also prohibit the offender from exercising the functions or professional or social activities that provided the facilities used to commit one or more laundering operations, for a period not exceeding five years.
The court may place the offenders of money laundering under administrative supervision for a duration of five years.
This does not prevent the court from imposing all or part of the other complementary penalties provided by law.
CHAPTER III
Common provisions for the fight against the financing of terrorism and money laundering
Section 1
On the prohibition of illicit financial circuits
Art. 98 - All forms of support and financing for individuals, organizations, or activities related to the terrorist offenses defined by this law and other illegal activities are prohibited, whether granted directly or indirectly, through individuals or legal entities, regardless of their form or purpose, even if the intended goal is non-profit.
Art. 99 - Legal entities must adopt the following prudential management rules:
- refrain from receiving any donations or grants whose origin is unknown or derived from illegal acts classified by law as misdemeanors or felonies, or from individuals or legal entities or organizations involved, within or outside the territory of the Republic, in activities related to terrorist offenses,
- refrain from receiving any contributions whose value exceeds the ceiling set by law,
- refrain from receiving any donations or other forms of financial assistance, regardless of the amount, except as provided by a special provision of the law,
- refrain from receiving any goods from abroad without the assistance of a licensed intermediary resident in Tunisia, provided that the applicable legislation does not prohibit this,
- refrain from receiving any cash amount equal to or greater than five thousand dinars, even through multiple payments that may be linked.
Art. 100 - Legal entities are required to:
- maintain accounts in a journal documenting all income and expenses,
- keep an inventory of receipts, transfers, and cash deposits related to foreign transactions, documenting the corresponding amounts, their supporting documents, the date of their occurrence, and the identification of the individual or legal entity concerned. A copy is sent to the Central Bank of Tunisia,
- prepare an annual balance sheet,
- retain accounting books and documents maintained on physical or electronic media for ten years from the date of their closure.
Legal entities whose annual income or available reserves have not reached a determined ceiling set by a decree from the minister in charge of finance are exempt from the obligations provided for in this article.
Art. 101 - The obligations provided for in the previous article are considered minimum common accounting rules for all legal entities, without prejudice to the application of specific accounting regimes for certain of them and the rules governing their financing, in accordance with applicable legislation.
Art. 102 - The minister in charge of finance may subject legal entities suspected of links with individuals, organizations, or activities related to the offenses covered by this law, or those that have violated the prudential management rules as defined in Article 99 of this law, or the rules governing their financing or accounting practices, to prior authorization for any receipt of transfers from abroad.
This measure is taken by way of a reasoned decision and notified to the legal representative of the concerned legal entity by any means leaving a written trace.
A copy of this decision is sent to the Governor of the Central Bank of Tunisia, who informs the Tunisian Financial Analysis Commission and all banking and non-banking financial institutions. This results in the suspension of the payment of funds, the subject of the transfer, to the concerned legal entities until the presentation of prior authorization from the minister in charge of finance.
This authorization is granted within a maximum period of fifteen days from the date of the request submission.
Art. 103 - In the framework of respecting Tunisia's international commitments, the Tunisian Commission for the Fight Against Terrorism must decide to freeze the assets of individuals or organizations whose link to terrorist crimes is established by said commission or by the competent international bodies.
The procedures for executing the decisions of the competent international bodies are set by government decree.
Individuals responsible for executing the freeze decision must, upon its publication in the Official Journal of the Tunisian Republic, take the necessary measures accordingly and declare to the Tunisian Commission for the Fight Against Terrorism all freeze operations they have carried out and communicate all useful information for the execution of its decision.
No action for damages or criminal liability may be accepted against any individual or legal entity for having carried out, in good faith, the duties incumbent upon them in execution of the freeze decision.
Art. 104 - The person affected by the freeze decision or their representative may request the National Commission for the Fight Against Terrorism to order the use of part of the frozen assets to cover necessary expenses for the payment of food, rents, or mortgage repayments, medications and medical care, taxes, insurance premiums, and fees for collective services or necessary exclusively for the payment of reasonable professional fees and the reimbursement of expenses related to legal services or charges or expenses corresponding to the normal custody and management of the frozen funds.
The National Commission for the Fight Against Terrorism may order the use of part of the frozen assets to cover its essential expenses.
If the freeze is based on a resolution from the competent international bodies, they are notified, without delay, of the order through diplomatic channels, and the execution of said order is subject to the absence of opposition from these bodies, within two days following the notification.
Art. 105 - Anyone affected by a freeze decision or their representative may request the National Commission for the Fight Against Terrorism to order the lifting of the freeze on their assets if they establish that the said decision was taken against them by mistake.
The Commission must respond to the request within a maximum period of ten days from the date of submission. In case of refusal, the decision may be subject to appeal before the Administrative Court.
If the freeze is based on a resolution from the competent international bodies, the Tunisian Commission for the Fight Against Terrorism can only decide to lift the freeze after informing and obtaining the agreement of the competent international body.
Art. 106 - The President of the competent territorial court may order that the legal entity suspected of having links with individuals, organizations, or activities related to the offenses provided for by this law, or that violates the prudential management rules as defined in Article 99 of this law or the rules governing their financing or accounting practices, be subjected to an external audit conducted by one or more specialized experts designated by an order on request, at the request of the minister in charge of finance.
Art. 107 - The following persons must, each within the limits of their competence and professional standards, take the necessary due diligence measures towards their clients:
1- Credit institutions,
2- Microfinance institutions,
3- The National Post Office,
4- Stock brokers,
5- Insurance and reinsurance companies and insurance intermediaries,
6- Non-financial professions and activities listed as follows:
- lawyers, notaries, accountants, real estate agents, contract writers for property conservation, and other professionals authorized in the course of their duties when preparing or executing for their clients, purchase and sale operations involving real estate or business assets or managing their clients' assets and accounts or arranging contributions for the creation of companies and other legal entities or their management, operation, or control of said operations or providing consultation regarding them,
- merchants of jewelry, precious metals, and other valuable items and casino managers whose transaction value with their clients is equal to or greater than an amount to be determined by a decree from the minister in charge of finance.
Art. 108 - The persons mentioned in Article 107 of this law must take the following required due diligence measures:
1. refrain from opening secret accounts and ensure, through official documents and other documents from reliable and independent sources, the identity of their regular or occasional clients and record all necessary data to identify them,
2. ensure, through official documents and other documents from independent and reliable sources:
- the identity of the beneficiary of the operation or transaction and the capacity of the person acting on their behalf,
- the constitution of the legal entity, its legal form, its registered office, the distribution of its share capital, and the identity of its leaders and those who have the power to bind it, while taking reasonable measures to identify individuals who exercise control over this legal entity.
3. obtain information on the purpose and nature of the business relationship.
4. obtain, in the case of using a third party, the necessary information to identify the client and ensure that the third party is subject to regulation and oversight related to the repression of money laundering and the fight against the financing of terrorism, that they have taken the necessary measures for this purpose and that they are able to provide, as soon as possible, copies of the identification data of their client and other related documents, with the persons mentioned above assuming, in all cases, the responsibility for identifying the client.
These measures are particularly taken when:
- they establish relationships,
- they carry out occasional financial transactions whose value is equal to or greater than an amount to be determined by a decree from the minister in charge of finance or that include electronic transfers,
- there is suspicion of money laundering or financing of terrorism,
- there is suspicion regarding the truthfulness or relevance of the previously obtained client identification data.
If these persons fail to verify said data or if the information is insufficient or clearly fictitious, they must refrain from opening the account, establishing or continuing the business relationship, or carrying out the operation or transaction and consider making a suspicious transaction report.
Art. 109 - The persons referred to in Article 107 of this law are required to update the data related to the identity of their clients, exercise ongoing vigilance towards them throughout the business relationships, and accurately examine the operations and transactions of their clients to ensure their consistency with the provided data, and if necessary, with the origin of the assets, taking into account the nature of their activities and the risks involved.
Exempted from this are persons exercising professions that do not have the power and mechanism for research and investigation, under the laws regulating their profession.
Art. 110 - The persons referred to in Article 107 of this law must take the following necessary due diligence measures:
- ensure that their subsidiaries and companies in which they hold the majority of the share capital and are located abroad apply the due diligence measures related to the repression of money laundering and the fight against the financing of terrorism and inform the supervisory authorities when the regulations of the countries in which they are established do not allow these measures to be applied,
- have adequate risk management systems in place in case of relationships with individuals who exercise or have exercised high public functions or representative or political missions in Tunisia, or in a foreign country, or their relatives or individuals associated with them, and obtain the authorization of the leader of the legal entity before establishing or continuing a business relationship with them and ensure enhanced and continuous monitoring of this relationship and take reasonable measures to identify the origin of their assets.
Exempted from this are persons exercising professions that do not have the power and mechanism for research and investigation, under the laws regulating their profession.
Art. 111 - The persons referred to in Article 107 of this law must, when establishing relationships with foreign correspondents or other similar relationships:
- collect sufficient data on the foreign correspondent to recognize the nature of their activities and assess, based on available information sources, their reputation and the effectiveness of the control system to which they are subject and verify whether they have been subject to an investigation or measure by the regulatory authority related to the prohibition of money laundering or the fight against the financing of terrorism,
- obtain the authorization of the leader of the legal entity before establishing relationships with the foreign correspondent and set, in writing, the respective obligations of both parties,
- refrain from establishing or continuing a correspondent banking relationship with a fictitious foreign bank or establishing relationships with foreign institutions that allow fictitious banks to use their accounts.
Art. 112 - The persons referred to in Article 107 of this law are required to:
- pay particular attention to their business relationships with individuals residing in countries that do not apply or apply insufficiently international standards in the fight against money laundering and the financing of terrorism,
- pay particular attention to the risks of money laundering and financing of terrorism using new technologies and take, if necessary, additional measures to mitigate these risks,
- establish risk management devices related to business relationships that do not involve the physical presence of the parties.
Exempted from this are persons exercising professions that do not have the power and mechanism for research and investigation, under the laws regulating their profession.
Art. 113 - The persons referred to in Article 107 of this law must retain, for a period of at least ten years from the date of the operation or account closure, the records, accounting books, and other documents kept with them on physical or electronic media to consult for the purposes of tracing the various phases of transactions or financial operations carried out by them or through their intermediary and to identify all participants or verify their authenticity.
Exempted from this are persons exercising professions that do not have the power and mechanism for research and investigation, under the laws regulating their profession.
Art. 114 - Any operation of import or export of currencies, whose value is equal to or greater than a determined amount to be fixed by a decree from the minister in charge of finance, must, upon entry or exit or during transit operations, be subject to a declaration to the customs services.
Private exchange offices are also required to declare, to the services of the Central Bank, any amount converted into foreign currency or Tunisian dinars.
Licensed intermediaries and foreign exchange sub-delegates must ensure the identity of any person who carries out foreign exchange operations with them whose value is equal to or greater than an amount fixed by a decree from the minister in charge of finance, and inform the Central Bank of Tunisia.
Art. 115 - The authorities responsible for controlling the persons mentioned in Article 107 of this law implement programs and practical measures to combat money laundering and financing of terrorism offenses, and monitor their implementation.
These programs and practical measures must, in particular, include:
- a system for detecting suspicious operations and transactions, including the designation of those responsible among their leaders and employees for fulfilling the reporting obligation,
- internal audit rules to ensure the efficiency of the established system,
- continuous training programs for their agents.
Art. 116 - Notwithstanding criminal sanctions, any violation of the due diligence measures provided for in Articles 108, 109, 110, 111, 112, and 113 of this law leads to disciplinary action, in accordance with the procedures in force provided by the disciplinary regime specific to each of the persons listed in Article 107 of this law.
In the absence of a specific disciplinary regime, disciplinary actions are exercised by the authority authorized to control these persons.
Art. 117 - The competent disciplinary authority may, after hearing the person concerned, impose one of the following sanctions:
1. a warning,
2. a reprimand,
3. prohibition from exercising the activity or suspension of the license for a period not exceeding two years,
4. cessation of functions,
5. permanent prohibition from exercising the activity or revocation of the license.
These sanctions are also applicable to leaders and members of the supervisory board if their responsibility for non-compliance with the due diligence measures is established.
Section 2
On the fight against the financing of terrorism and money laundering
Sub-section 1 – On the Financial Analysis Commission
Art. 118 - A commission named "Tunisian Financial Analysis Commission" is established at the Central Bank of Tunisia. It sits at the Central Bank of Tunisia, which provides its secretariat.
Art. 119 - The Tunisian Financial Analysis Commission is composed of:
- the Governor of the Central Bank of Tunisia or their representative, President,
- a third-grade magistrate,
- an expert representing the Ministry of the Interior,
- an expert from the Ministry of Finance, representing the General Directorate of Customs,
- an expert representing the Financial Market Council,
- an expert representing the ministry responsible for telecommunications,
- an expert representing the General Insurance Committee,
- an expert specialized in combating financial offenses,
- an expert representing the Professional Association of Banks and Financial Institutions,
- an expert representing the body responsible for combating corruption.
The members of the Commission are appointed by government decree for a term of six years, with one-third of the members renewed every two years. Members carry out their duties within the commission with integrity, objectivity, and independence from their original administration. The commission includes an orientation committee, an operational unit, and a general secretariat. The modes of organization and operation of the commission are set by government decree.
Art. 120 - The Tunisian Financial Analysis Commission is, in particular, responsible for the following missions:
- establishing and publishing guiding principles enabling the persons mentioned in Article 107 of this law to detect suspicious operations and transactions and report them,
- collecting and analyzing reports concerning suspicious operations and transactions and notifying the follow-up actions taken,
- assisting in the development of programs aimed at combating illicit financial circuits and addressing the financing of terrorism and money laundering,
- participating in research, training, and study activities, and in general, those related to its area of intervention,
- ensuring representation of the various services and bodies concerned at the national and international level and facilitating communication between them,
- coordinating among the various authorities concerned in this area at the national level and facilitating communication among them.
Art. 121 - The Tunisian Financial Analysis Commission may, in the framework of its missions, call upon the assistance of administrative authorities responsible for law enforcement and the persons mentioned in Article 107 of this law, who are required to provide it with the necessary information for tracing operations and transactions subject to the reports collected within the legal deadlines.
Professional secrecy is not, in this case, opposed to the Tunisian Financial Analysis Commission, and the holders of said secrets cannot be prosecuted for their disclosure.
Art. 122 - The Tunisian Financial Analysis Commission may also call upon the assistance of its foreign counterparts with which it is linked by memorandums of understanding or belonging to international cooperation groups in the field of combating money laundering and the financing of terrorism and expedite the exchange of financial information with them, in order to ensure early warning regarding the offenses provided for by this law and to prevent their commission.
The cooperation provided for in the previous paragraph is subject to the commitment of the foreign services concerned, under the legislation governing them, to adhere to professional secrecy and the obligation not to transmit or use the data and financial information communicated to them for purposes other than combating and repressing the offenses provided for by this law.
Art. 123 - The Tunisian Financial Analysis Commission must create a database on individuals and legal entities suspected of being linked to financing terrorism or money laundering operations, as well as reports related to suspicious operations or transactions collected, and requests for information that have reached it from law enforcement authorities or its foreign counterparts and the follow-up actions taken.
It must retain, for a minimum period of ten years from the date of closure of its work, all information or documents, whether maintained on physical or electronic media, justifying the follow-up actions taken on the reports received for consultation, if needed.
Art. 124 - The members of the Tunisian Financial Analysis Commission, their collaborators, and any other agent called upon in the course of their duties to access the files subject to reports concerning suspicious operations or transactions are bound by professional secrecy. They cannot, therefore, even after the cessation of their functions, use the information they have become aware of for purposes other than those required by the mission assigned to them.
Sub-section 2 - On the mechanisms for investigating suspicious operations and transactions
Art. 125 - The persons mentioned in Article 107 of this law are required to make, without delay, a written declaration to the Tunisian Financial Analysis Commission regarding all operations or transactions that could, directly or indirectly, be linked to funds derived from illegal acts classified by law as misdemeanors or felonies, or to the financing of individuals or organizations or activities related to the terrorist offenses provided for by this law. These persons are also required to report any attempt to carry out said operations or transactions.
The reporting obligation also applies, even after the operation or transaction has been carried out, when new information is likely to link, directly or indirectly, the said operation or transaction to funds derived from illegal acts classified by law as misdemeanors or felonies, or to the financing of individuals or organizations or activities related to terrorist offenses.
Art. 126 - The persons mentioned in Article 107 of this law must pay particular attention to operations and transactions that are complex in nature or involve an unusually high amount of money, as well as unusual operations and transactions, whose economic purpose or legality is not evident.
They must, to the extent possible, examine the context in which said operations or transactions are carried out as well as their purpose, record the results of this examination in writing, and make them available to the supervisory authorities and auditors.
Art. 127 - The Tunisian Financial Analysis Commission may provisionally order the declarant, by written decision, to freeze the funds subject to the declaration and deposit them in a holding account.
The declarant must refrain from informing the concerned person of the declaration made and the resulting measures.
Art. 128 - If the investigations do not confirm the suspicions related to the operation or transaction subject to the declaration, the Tunisian Financial Analysis Commission must promptly notify the declarant and authorize them to lift the freeze on the assets subject to the declared operation or transaction. If the Tunisian Financial Analysis Commission does not communicate the results of its work within the deadlines provided in Article 131 of this law, its silence shall be deemed as authorization to lift the freeze.
Art. 129 - If the investigations have confirmed the suspicions related to the operation or transaction subject to the declaration, the Tunisian Financial Analysis Commission must promptly transmit the results of its work and any related documents in its possession to the public prosecutor near the first instance court of Tunis to decide on the follow-up actions, and notify the declarant.
The public prosecutor must decide on the follow-up actions no later than five days following the receipt of the file and notify their decision to the declarant and to the Tunisian Financial Analysis Commission.
Art. 130 - The procedures applicable to terrorist offenses provided for by this law do not apply to money laundering offenses.
Art. 131 - The Tunisian Financial Analysis Commission must conclude its work as quickly as possible. However, if it has ordered a provisional freeze of the funds subject to the declaration, it must conclude its work within five days from the date of the decision and notify the results to the declarant within twenty-four hours from the closure of its work.
Art. 132 - The decision of the public prosecutor to classify without follow-up results in the immediate lifting of the freeze on the assets subject to the declaration.
If the public prosecutor decides to open an investigation, the freeze is maintained, unless the judicial authority seized with the case decides otherwise.
Art. 133 - The public prosecutor general near the Court of Appeal of Tunis may, even in the absence of a declaration regarding a suspicious operation or transaction, request the president of the first instance court of Tunis to issue a decision to freeze the assets belonging to individuals or legal entities suspected of being linked to individuals or organizations or activities related to the offenses provided for by this law, even if they are not committed on the territory of the Republic.
Art. 134 - The freeze decision provided for in the previous article is taken by the president of the first instance court of Tunis in accordance with the procedure for orders on request.
The decision is not subject to any appeal.
Art. 135 - The Attorney General of the Tunis Court of Appeal is required to immediately transmit the freezing order issued under the previous article and any documents in his possession to the competent Prosecutor of the Republic in order to initiate an investigation for this purpose.
The Attorney General of the Tunis Court of Appeal sends a copy of the freezing order to the Tunisian Financial Analysis Commission and informs it of the opening of an investigation against the person concerned.
The assets subject to the aforementioned order remain frozen unless the judicial authority handling the case decides otherwise.
Art. 136 - Anyone who intentionally fails to comply with the declaration obligation as defined in Article 125 of this law is punishable by one to five years of imprisonment and a fine of five thousand to fifty thousand dinars.
The penalty incurred is a fine equal to half the amount subject to the declaration in the case of intentional non-declaration of a legal entity as provided for in Article 106 of this law.
Art. 137 - No action for damages or criminal liability may be brought against any natural or legal person for having fulfilled, in good faith, the declaration duty provided for in Article 125 of this law.
No action for damages or criminal liability may also be brought against the Tunisian Financial Analysis Commission in the course of performing its assigned mission.
Art. 138 - Anyone who fails to comply with the declaration obligation provided in the first paragraph of Article 114 of this law is punishable by one month to five years of imprisonment and a fine of three thousand to three hundred thousand dinars.
The fine may be increased to five times the value of the funds involved in the offense.
Art. 139 - The penalties provided in the previous article apply to licensed intermediaries, currency sub-delegates, and exchange offices that fail to comply with the obligations set forth in the second paragraph of Article 114 of this law.
Art. 140 - Persons mentioned in Article 107 of this law, including executives, representatives, agents, and partners of legal entities whose personal liability is established for violating or failing to comply with the provisions of Articles 99, 100, and 102, and paragraph 3 of Article 103, and Articles 106, 113, 124, 126, and paragraph 2 of Article 127, and Article 135 of this law are punishable by six months to three years of imprisonment and a fine of five thousand to ten thousand dinars.
The penalty is three months to two years of imprisonment and a fine of one thousand to five thousand dinars if a business relationship is established or continued, or a one-off operation or transaction is carried out with a value equal to or greater than an amount to be determined by the minister in charge of finance, or that includes electronic transfers, without complying with the obligations to:
- verify, using official documents or other documents from a reliable and independent source, the identity of regular or occasional clients and record all necessary data for their identification,
- verify, using official documents or other documents from a reliable and independent source, the identity of the beneficiary of the operation or transaction, the quality of the person acting on their behalf, and the constitution of the legal entity, its legal form, its registered office, the list of shareholders or partners, the identity of its executives, and those who have the power to engage on its behalf,
- obtain from the client information about the object and nature of the business relationship,
- refrain from opening an account, establishing or continuing a business relationship, or carrying out an operation or transaction if the information related to it is insufficient or evidently fictitious.
This does not prevent prosecution against legal entities that incur a fine equal to five times the amount of the fine provided for the original offense.
Art. 141 - The decisions to freeze assets as well as the judgments ordering their confiscation under this law may not, in any case, infringe on the rights of third parties acquired in good faith.
Transitional and Final Provisions
Art. 142 - The provisions contrary to this law are repealed, particularly Law No. 2003-75 of December 10, 2003, concerning the support of international efforts to combat terrorism and the repression of money laundering, as amended by Law No. 2009-65 of August 12, 2009.
Art. 143 - The Provisional Authority for the Supervision of Judicial Justice shall proceed with the appointment of judges to the Counter-Terrorism Pole in accordance with Organic Law No. 2003-13 of May 2, 2013, relating to the establishment of a provisional authority for the supervision of judicial justice, until the establishment of the High Council of the Judiciary.
The courts must relinquish cases related to terrorist offenses or related offenses provided for in this law in favor of the Counter-Terrorism Pole.
Judges appointed to the Counter-Terrorism Pole must also relinquish cases not provided for in the previous paragraph.
This organic law shall be published in the Official Journal of the Tunisian Republic and executed as state law.
Tunis, August 7, 2015.
The President of the Republic
Mohamed Béji Caïd Essebsi