The distribution contract in Tunisia

Although the distribution contract is not a strong point of the Tunisian economy, which is mainly concentrated on retail, the Tunisian government has been encouraging the creation of distribution networks on a national scale for some years to cope with the opening of the market and competition from foreign products.
That said, no specific authorizations are required in Tunisia, except for the sectors relating to alcoholic beverages, elevators, estate agents, advertising. Also in this area, exclusive contracts are prohibited and the obligation to obtain a license from the competent authorities remains.
It should be kept in mind that, if the foreign investor wishes to conclude distribution contracts on the Tunisian territory, he must notify the Ministry of Commerce of the start of the activity within one month of its starting date. In addition, if the distribution takes place electronically, the foreign investor must enclose, in the communication, the contract stipulated.
Among other things the law 99-41 defines the obligation of the commercial operator to provide a guarantee on the product or after-sales assistance and regulates the transparency of competition through the regulation of direct producer-consumer sales to prevent the former from entering into competition with its distributors. In practice, the producer is given the right to act as a distributor as long as he respects the rules of fair competition.
In any case, there is a list of sectors in which retail must necessarily be distinguished from wholesale. These include the following: fruit and vegetables, fish and food products, consumer beverages, textiles, footwear, electrical equipment, books, hardware, computer equipment.
Considering that, in some countries including the member countries of the European Union, the law and jurisprudence impose on the principal company the obligation to pay the distributor, like a commercial agent, an indemnity in the event of dissolution of the relationship is imposed; In the event that the foreign entrepreneur signs a distribution contract with a Tunisian nationality, it will be advisable to carefully evaluate the opportunity to subject the relationship to the law of Tunisia.