Electronic Signature In Tunisia
The electronic signature is a topical subject in Tunisia which knows a paradox manifested by the existence of a legal and regulatory framework put in place for twenty years on the one hand and a refusal of use by the public on the other hand.
The electronic signature is defined as being a mechanism making it possible to guarantee the integrity of an electronic document and to authenticate its author, by analogy with the handwritten signature of a paper document. It is a huge time saver since it allows contracts to be drawn up or the transmission of binding information without having to travel.
Tunisia initiated since 2000 a law which laid down the principles of electronic signature and the procedure to be followed for its implementation, it is the law 2000-83 of August 9, 2000 relating to Electronic Trade and Commerce .
Nevertheless, following the “Covid-19” pandemic, the decree-law n ° 2020-31 of June 10, 2020, relating to the electronic exchange of data between the structures and their users and between the structures themselves, came support law 2000-83 of August 9, 2000 to give more values and more encouragement to electronic digitization and the use of electronic signatures (declarations, calls for tenders, contracts, etc.), which has helped us to fulfill our obligations towards the State with regard to tax declarations, and to sign contracts without traveling.
Subsequently, the government decree n ° 2020-777 of October 5, 2020 was published fixing the conditions and modalities of application of the provisions of the decree-law n ° 31 of June 10, 2020 relating to the electronic exchange of data between public structures and their clients and between the structures themselves. The Article. 5 of the said decree provides that: “The public structures have recourse in the electronic messaging process to national systems approved for this purpose or to electronic mail, unless the legislation in force provides for a specific form of electronic messaging”.
The purpose of this law was to exempt citizens from providing documents from one administration to another and to set up electronic messaging, reinforced by electronic authentication services. Therefore, public officials will be provided with a professional email address, which will formalize electronic correspondence with the public administration. Once implemented, the citizen will be able to use the electronic signature and be able to exchange electronically signed documents with the public administration and request eGov services online from all Tunisian administrations, such is the case for the CNSS , CNRPS, E-jibeya …
In addition, the Tunisian legislator granted the same value to the electronic signature as that of the handwritten signature, Thus, article 453 paragraph 2 of the Code of obligations and contracts (COC) provides that: “The signature consists in opposing the contracting party’s own hand a name or a special sign integrated into the writing to which it relates. When the signature is electronic, it consists of the use of a reliable identification process guaranteeing the link between said signature and the electronic document to which it is attached ”.
Article 453 bis adds that: “The electronic document is the writing made up of a set of letters and numbers or other digital signs including that which is exchanged by the means of communication on condition that it is of a content intelligible, and archived on an electronic medium which guarantees its reading and consultation when necessary. The electronic document is proof as an act under private signature if it is kept in its final form by a reliable process and is reinforced by an electronic signature ”
On the other hand, the electronic document may then have the legal value of the authentic instrument in accordance with article 449 of the COC providing that: The deed under private signature, recognized by the party to which it is opposed, or legally held for recognized, has the same faith as the authentic instrument, towards all persons, of the provisions and statements that it contains, under the conditions set out in Articles 444 and 445 above except as regards the date, as will be said below.
Despite this significant advance in digital matters, we still face a fear of the use of electronic signatures, particularly with regard to payment and contract signing. Also, the establishment of the culture of the electronic signature in Tunisia encounters several difficulties mainly because very few administrations accept it although it is legal, due to a lack of familiarity with this format of signature.
However, the apparent makes believe that it is the law in Tunisia which blocks the courts and the administrations from using the electronic signature, but in truth it is us, it is the public which prevents this transformation towards digital and this shift from “paper” to “zero paper”.
The recommendations :
Now that the regulatory framework and the technical solutions are there, it is time to establish the culture of electronic signatures in Tunisia for the public and private sector by the following means:
* Make awareness raising campaigns;
* Train and equip government employees;
* Change the internal regulations at the level of the administrations in order to make the electronic signature the “default” signature;
* Implement a digital channel that allows you to send and receive a document with an electronic signature;
* Improve the technical axis in order to simplify the procedure and the request for electronic certification.
Migration to electronic signature remains a shared responsibility between the private sector (startups and others) and the public sector.
The French embassy in Libya resumed work in the capital, Tripoli, today, Monday, after it was closed in 2014 for security reasons.
The French ambassador to Libya, Beatrice Lovraper Dohellen, announced after her arrival in the capital, Tripoli, her intention to work with full force to strengthen the Libyan-French relations, considering that these days were full and distinguished with regard to the bilateral relations between them.
The ambassador said, “I have arrived in Tripoli to reopen the French embassy in Libya, and I am determined to work with full force to strengthen relations with the Libyan authorities and the Libyan people who hosted me.”
From our source , a project of an express train linking Algeria, Tunisia and Libya.
According to the idea, a high-speed train project with a speed of 300 km / hr starts from the city of Oran and stops in Algiers, then Annaba, enters the Tunisian soil and stops at the international train station outside the capital, and starts a few minutes later towards the south to stop in the historic city of El Jem and then Medenine before it He enters Libya and stops in Tripoli, before continuing on the journey towards Benghazi.
During peak periods, there will be a train every two hours or every hour, from both sides.
Excellent news #Tunisia #Libya Congratulations
Towards the creation of a #Tunisian logistics zone in liibya facilitating access to markets in sub-Saharan Africa
Re our information Today, Sunday, the National Oil Corporation announced that the general revenue from sales of crude oil and its derivatives in February for the year 2021 recorded a level of 1,235,710,353.98 US dollars, which were deposited into the account of the National Oil Corporation at the Libyan Foreign Bank in Tripoli
The head of the national unity government, Abdul Hamid Dabaiba, revealed that all conflicting political parties want the Ministry of Defense to be his share
He confirmed that the composition of the presented government does not include a name for the defense portfolio that Dabaiba will currently take over until a person is appointed, in consultation between the latter and the Presidency Council.
Because of this red line « Minister of defence » the House of Representatives suspended its session today, Tuesday, to give confidence to the government of national unity, until tomorrow morning, Wednesday……
Petroleum Marine Services company Implements 87 Projects Worth $171 MM
Petroleum Marine Services company (PMS) announced that it has implemented 87 projects in 2020 estimated at $171 million at the highest quality and right on schedule, despite challenges caused by COVID19 pandemic, according to a press release.
This announcement was made during the company’s general assembly meeting headed by the Ministry of Petroleum and Mineral Resources, Tarek El Molla, to approve the operational results of 2020.
PMS Chairman, Ashraf Imam elaborated that PMS managed to sign 80 contracts at a cost of $225 million in 2020 and referred to the most significant implemented projects including wells and assets maintenance, marine pipelines reforms, and training provided to the employees to leverage their competencies.
Meanwhile, the petroleum minister praised the featured results of the company in light of its ownership for a giant marine fleet equipped with high-level technological capabilities.
The minister also emphasized the necessity to continue implementing all operations according to the required quality and to open new opportunities for new operations and partnerships with international oil companies (IOCs) in the Mediterranean.
In addition to PMS Chairman, the meeting was attended by the head of Egyptian General Petroleum Corporation (EGPC) and his deputies, the undersecretary of the Ministry of Petroleum for Economic Financial Affairs, and the heads of Enppi and Petrojet.
Oil prices close at highest level in two years
Oil prices closed on Friday at their highest levels in nearly two years,after producers agreed to increase supply from April by a smaller amount than expected.
A barrel of North Sea Brent Crude for delivery in may rose 3.9 percent in London to $69.36,it’s highest closing price since April 2019.
In new york , the barrel price of west Texas Intermediate for April delivery climbed 3.5 percent 3.5 to $66.09, it’s highest closing level in 22 months.