the law herein, the seizure measure shall systematically
lifted.
In the contrary case, the department of the officials who
proceeded to the temporary seizure, establish an offence
report against the offender and transmit it to the Minister
charged of the handicrafts who will send it to the public
prosecutor of the competent tribunal, accompagnied with
the administration requests.
Art. 32 - The police force agents shall be bound to , in
case of need, assist the agents mentioned in article 28 of the
law herein to the end to guarantee the good discharge of
their duties.
Art. 33 - All the reports, established and signed by the
agents mentioned in article 28 of the law herein, shall be
dispatched to the Minister charged of the handicrafts who
transmit them to the territorially competent public prosecutor.
Chapter VII
Miscellaneous provisions
Art. 34 - The request of benefit of an appellation of
origin, geographical indication or indication of source shall
be submitted to the payment of fees which amount,
recovery and implementation modalities shall be fixed by a
joint order of the Minister charged of the handicrafts and
the Minister charged of Finance.
The law herein shall be published in the Official Gazette
of the Republic of Tunisia and implemented as law of the
state.
Tunis, 27 December 2007.
Zine El Abidine Ben Ali
Law n° 2007-69 dated 27 December 2007, relating
to the economic initiative. (1)
In the name of the People,
The Chamber of Deputies and the Chamber of Advisors
having adopted,
The President of the Republic enacts the following
law :
CHAPTER ONE
GENERAL PROVISIONS
Article one - The economic initiative shall be the
national priority that every economic and social party shall
use every endeavour to establish, within the guarantee of
equal opportunities principle and on the basis of freedom as
the principle and authorization as exception.
With consideration of the special legal provisions, the
list of activities requiring prior authorization shall be fixed
by a decree.
Art. 2 - The economic initiative culture shall be every
party concern, which shall use every endeavour to spread
and establish and for this purpose :
________
(1) preparatory works :
Discussion and adoption by the Chamber of Deputies during
its session held on 17 December 2007.
Discussion and adoption by the Chamber of Advisors during
its session held on 22 December 2007.
Page 1396
- the state shall ensure the establishment and the spread
of the economic initiative culture through its every
available mean,
- the establishments of education and training and
establishments of higher education and scientific research
shall ensure the inclusion in their educational and training
programs the economic initiative culture and their openness
on their economic environment and the reinforcement of
partnerships within the different training and research
fields,
- the economic enterprises shall work for rooting the
culture of initiative on their employees and to adhere to the
various mechanisms intended for the impulse of the rhythm
of creation of projects and enterprises.
- the national intellectual competences and the various
components of the concerned civil society shall take part in
the orientation and advising the carriers of ideas of projects
and place at their disposal their own experiences on the
matter in order to assist and support them,
- the means of information and communication under
their various components shall contribute to the diffusion of
the culture of the initiative in spreading awarness of the
national policies and the inciting mechanisms adopted in
this field and the available investment opportunities.
Art . 3 - The abovementioned different actors in article 2
of this law, shall work to incite the creation of the
enterprise, its safeguarding and its development as a basic
cell in the national economy and taking into account its
paramount role in the impulse of the initiative.
CHAPTER II
SIMPLIFICATION OF PROCEDURES OF
LAUNCHING PROJECTS AND ENTERPRISES
ESTABLISHMENT
Art. 4 - Shall be fixed by an order of the relevant
Ministers, the list of the administrative services provided by
the state, the local collectivities and the public
establishments and enterprises under their supervision as
well as the procedures to follow and the administrative
documents needed users to obtain the said services. These
orders shall be published in the Official Gazette of the
Republic of Tunisia, diffused on the concerning Web sites
of the administrative structures and update each time that
proves to be necessary.
The abovementioned administrative departments shall not
be allowed to submit the administrative services to different
procedures other than those provided for by the order herein
mentioned in paragraph one of this article or to ask users a
document that was not mentioned in the order herein.
Every civil servant who, do not comply with the
provisions of the previous paragraph of this article shall be
subject to the disciplinary proceedings in conformity with
the legislation in force.
The forms and procedures of implementing the rules of
this article shall be fixed by a decree.
Art . 5 - Every depositing of a request, file or license
comprising the required documents and made on the legal
Official Gazette of the Republic of Tunisia — 28-31 December 2007
N° 104