Summary:

On 9 May 2024, the Tunisian parliament presented draft legislation that would amend a 1968 law that outlines the provisions for foreigners entering, exiting, and staying in Tunisia for various purposes.

                       [mepr-show if=”loggedout”] Please login or purchase an InBrief membership to view the rest of this report [/mepr-show] [mepr-show if=”loggedin”]

The proposed amendments predominantly serve to increase the penalties for non-compliance with the legal framework for travel, transit, and residency in Tunisia. 

A proposed amendment of Article 23 of the legislation would increase prison sentences for foreigners who violate the provisions of the law from between one month and 1 year to between one year and three years. The financial penalties for violations would also increase from between six and 120 dinars to between 300 and 5000 dinars. 

Amendments to Article 25 of the 1968 legislation would similarly increase the penalties for individuals found to be aiding or facilitating, directly or indirectly, the entry or exit of foreigners outside of the provision of the law. 

The proposed legislation comes as domestic and international tensions over irregular migration have spiked. The Tunisian government was again criticized for expelling migrants from camps around the country and depositing them in the desert.  

The updated legislation would maintain that any foreigner who resides in Tunisia for more than three consecutive months or six months total over the course of a year must have a valid residency card. It further affirms that any foreigner conducting business in Tunisia must do so with the proper approvals and contracts from the relevant Tunisian government authorities. 

Outlook: 

The 55-year-old legislation was certainly due for an update, with this recent amendment likely spurred by the desire to create additional legal tools that can be used to convict people smugglers and others involved in the facilitation of irregular migration to Europe. 

However, the amended law with more significant teeth could also threaten a wide variety of other individuals and organizations in Tunisia, including various forms of digital nomads, retirees, and others. Should a more strict approach be taken to enforcing the law, many of the informal interpretations of residency and employment used by foreigners in Tunisia could face increased scrutiny and legal consequences. 

Additionally, NGOs and other organizations involved in providing aid to migrants could face additional scrutiny should their activities be interpreted as either direct or indirect support to the entry or exit of foreigners from Tunisia. 

Individuals and organizations operating in Tunisia should seek legal council regarding their compliance with the potential changes to the law and increase in its application. 

[/mepr-show]

Explore our services or speak with our team of North Africa-based risk experts.