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sectors (not specified under the new code) remain regu- previous system, but restrictions on investment in many<br />

lated (restaurants, financial services, mining, energy) so that support services remain in place. Under the new code, forabout<br />

40 percent of total investment (those specified in the eign investors need the approval of the Investment<br />

code and these other sectors not specified) still requires Commission for many service activities when foreign parprior<br />

Government approval. ticipation exceeds 50 percent of the share capital. The<br />

"Guide du Promoteur," August 1994, provides a list of activ-<br />

Foreign investment liberalization ities requiring approval: transportation; telecommunications;<br />

tourism; educational and cultural establishments;<br />

The largest share of Tunisia's FDI comes from Italy (40 per- construction, maintenance, and public works; real estate<br />

cent), followed by France and the United States (roughly 15 development; computer services and information technolpercent<br />

each). Historically, Tunisian authorities' views on ogy; consulting and auditing companies; and other services.<br />

foreign direct investment (FDI) have fluctuated between Strong foreign investment in many of these areas, including<br />

concerns of foreign domination to a recognition that FDI software development, auditing and consulting (such as<br />

creates jobs, transfers technology and know-how, and pro- international marketing, technology, and quality upgrading<br />

vides a critical impetus to higher growth. In spite of the gen- firms), telecommunications, and transportation would be<br />

erous incentives provided to export firms, the current highly beneficial in terms of the quality of services provided<br />

account convertibility of the dinar, easy transfer of invested<br />

capital, and the stable economic environment, FDI flows to<br />

and as a means of exerting competition on local firms.<br />

non-energy activities have been very low in recent years (figure<br />

3.3). Until recently, several activities have been mainly<br />

Offshore companies<br />

reserved for state ownership, effectively precluding private Another measure used to attract foreign investment since<br />

foreign investors: chemicals and petrochemicals; cement; 1972 is the offshore company law which gives incentives<br />

mining; electricity; telecommunications; transport (rail- (for example, duty free access to all inputs, tax free status)<br />

roads, airlines, and maritime); water/wastewater treatment to export-oriented (80 percent) companies. On balance,<br />

and distribution; and insurance. offshore companies have had a beneficial impact on the<br />

The Unified Investment Code makes FDI for all export Tunisian economy. The growth of manufactured exports<br />

activities (except agriculture) unrestricted. Foreign compa- over the past decade is due in large part to the offshore<br />

nies or individuals can now lease agricultural land, but they companies, which account for between one-third and half<br />

still cannot own agricultural land. These changes represent of Tunisia's merchandise exports. At the same time, the offa<br />

significant opening to foreign investors compared to the shore sector's integration with the domestic economy and<br />

its contribution to total FDI in Tunisia have been limited,<br />

FIGURE 3.3 since most foreign companies rent facilities (bonded ware-<br />

Tunisia: Foreign direct Investment houses), and have strong incentives to import their capital<br />

Millions of TD equipment and inputs from parent companies (box 3.2).<br />

40 cThe Unified Investment Code attempts to place domes-<br />

350 tic producers on a more equal footing with export compa-<br />

300 nies, but important differences in treatment remain: access<br />

250 to the local market for exporting companies; tax treatment;<br />

200 and the inefficient duty refund procedures for local compaso<br />

nies. The Government could increase domestic tax rev-<br />

100 enues by fully integrating the offshore companies into the<br />

50 domestic tax base, which would also ensure their equal<br />

990 1991 1992 1993<br />

treatment with domestic companies that are partial<br />

exporters. The government's continued efforts to improve<br />

* Nonenergy Q Energy infrastructure services, rationalize tax laws and investment<br />

SDurcc Ministry of Irtemrnai Cooperation and API (Inrwtrial ornotion AVncy). incentives, and make the tariff regime more neutral between<br />

STRENGThENING MARKET FORCES 33

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