Under Article 6 of the Law on the organization of maritime professions, foreign participation in maritime transport services is allowed according to international agreements and subject to reciprocity, or according to laws and regulations in force governing investments and participation of foreigners. By virtue of Decree-Law on the conditions for exercising certain commercial activities, legal persons have Tunisian nationality when they meet specified conditions, including at least 50% of their capital being held by Tunisian natural or legal persons.
Cabotage is, in principle, reserved for ships flying the national flag, which must be at least 51% Tunisian-owned. Exceptionally, a temporary (up to one year renewable) permit for cabotage may be granted to a ship flying the flag of a foreign country.
"Article 1 - The organization of maritime professions is governed by this law, the provisions of which are applicable to persons who carry out or contribute to the operation, upkeep and maintenance of merchant ships when these persons are established in Tunisia or when they exercise their activities on Tunisian territory or in waters under Tunisian sovereignty.
The provisions of this law do not apply to the operation of foreign vessels in national cabotage or in international transport from or to Tunisia, which remains governed by the appropriate provisions of international law and Tunisian law.
Art. 2 - Are considered as maritime profession, within the meaning of this law, the professions exercised by the following persons:
1- The pilot, the owner, the maritime carrier, the consignee of ships, the consignee of the cargo and the handling contractor as defined respectively in articles 64, 130, 165, 167, 168 and 169 of the maritime trade code.
2- The charter broker: this is the broker who undertakes to find a person to put him in touch with another, in return for a commission, in order to carry out the following operations:
- maritime transport,
- the sale and charter of ships,
[...]
Art. 3 - With the exception of the professions of maritime surveyor and pilot, maritime professions can only be exercised by a legal person.
[...]
Art. 6 - Persons of foreign nationality may exercise one of the maritime professions when they are authorized to do so under the international agreements in force, and this, subject to reciprocity.
In the absence of such agreements, the exercise of one of the maritime professions by persons of foreign nationality is subject to the laws and regulations in force governing the investments and participation of foreigners.[...]" (Law on the organization of maritime professions (n ° 2008-44 of 21 July 2008), Articles 1, 2, 3 and 6 [google translation])
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"Art. 3. - Legal persons have Tunisian nationality when they meet all of the following conditions:
1. be constituted in accordance with the laws in force and have their registered office in Tunisia;
2. have their capital represented at least 50% by registered securities held by Tunisian natural or legal persons;
3. have their board of directors, management or supervision, made up in majority by natural persons of Tunisian nationality;
4. have their presidency, their general direction or their management ensured by natural persons of Tunisian nationality.
For public limited companies, and in the event of dissociation between the functions of chairman of the board of directors and those of managing director, the managing director must have the status of resident within the meaning of the foreign exchange regulations in force.
In addition, Tunisian companies having their head office in Tunisia and in which the State or local public authorities directly or indirectly hold a capital participation.[...]" (Decree-Law on the conditions for exercising certain commercial activities (n° 61-14 of 30 August 1961), as amended by Law n° 85-84 of 11 August 1985, Article 3 [google translation])
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"Article 1.- This Code applies to all types of maritime navigation, whether or not for profit, whether it is carried out on behalf of private or public persons, including the State.
Article 2.- The provisions concerning maritime transport and general average are, however, only applicable to the transport for payment of goods or passengers.
[...]
Article 21.- Each co-owner may transfer his share in the vessel to a third party, without the authorization of the other co-owners and except exercise of the right of withdrawal within fifteen days of the notification which will be made to them of the transfer.
However, if this transfer is granted for the benefit of a foreigner and must have the effect of causing the vessel to lose Tunisian nationality, it is only valid with the consent of all the co-owners and subject to the prior authorization of the vessel. maritime authority. [...]" (Maritime Trade Code (Law n° 62-13 of 24 April 1962), last amended by Law n° 2004-3 of 20 January 2004, Articles 1, 2 and 21 [google translation])
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"Article 1 - No ship can ensure the maritime transport of persons, for a consideration, between the ports and sites of the coast, without a special permit issued by the maritime authority.
Art. 2 - The special permit is valid for one renewable year. It is issued to any vessel meeting the following conditions:
(1) He must be of Tunisian nationality;
[...]
Art. 4 - By way of derogation from the provisions of paragraph 1 of article 2 of this law, the maritime authority may exceptionally grant the special permit to vessels flying a foreign flag meeting the other conditions provided for in said article and for a period of maximum validity of one year renewable.[...]" (Law revising the legislation relating to the maritime transport of persons against payment between ports and coastal sites (n° 90-80 of 7 August 1990), Articles 1, 2 and 4 [google translation])
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"Article 1 - Ships and boats of any tonnage built in Tunisia or declared to have been taken on the enemy or confiscated for breaches of Tunisian laws are deemed to be Tunisians.
[...]
Article 2 - Ships and boats built outside Tunisia may acquire Tunisian nationality subject to:
1) at least 51% belong to Tunisian natural or legal persons;
2) to pay in advance the customs duties in force;
3) to have their home port in Tunisia.
[...]
Article 5 - Notwithstanding the provisions provided for in this chapter, ships and boats of any tonnage, built outside Tunisia and intended for pleasure boating, may acquire Tunisian nationality subject to:
(a) to prove their cancellation from the flag of origin or their non-registration of the manufacturer's country if the vessel is new;
(b) to have their home port in Tunisia;
(c) to remain under the Tunisian flag for at least five years;
(d) to pay the duties and taxes provided for in article 3 of this code.[...]" (Law on the code of the administrative police of maritime navigation (n° 76-59 of 11 June 1976), last amended by Law n° 2005-8 of 19 January 2005, Articles 1, 2 and 5 [google translation])
Law on the organization of maritime professions (n ° 2008-44 of 21 July 2008), Articles 1, 2, 3 and 6 
Decree-Law on the conditions for exercising certain commercial activities (n° 61-14 of 30 August 1961), as amended by Law n° 85-84 of 11 August 1985, Article 3
Maritime Trade Code (Law n° 62-13 of 24 April 1962), last amended by Law n° 2004-3 of 20 January 2004, Articles 1, 2 and 21
Law revising the legislation relating to the maritime transport of persons against payment between ports and coastal sites (n° 90-80 of 7 August 1990), Articles 1, 2 and 4
Law on the code of the administrative police of maritime navigation (n° 76-59 of 11 June 1976), last amended by Law n° 2005-8 of 19 January 2005, Articles 1, 2 and 5
[<a href="https://www.pist.tn/record/109856?ln=fr">Law</a>],[<a href="https://www.pist.tn/record/106431?ln=fr">Decree-Law</a>],[<a href="http://www.transport.tn/uploads/Loi/commaritime.pdf">Code</a>],[<a href="https://www.pist.tn/record/113574?ln=fr">Law</a>],[<a href="https://www.pist.tn/record/115968?ln=fr">Law</a>]