Having regard to law n° 92-117 dated 7 December 1992, protecting the consumer, Having regard to law n° 94-41 dated 7 March 1994, relating to the foreign trade, Having regard to law n° 2000-83 dated 9 August 2000, relating to the electronic exchanges and trade, Having regard to the telecommunications code promulgated by law n° 2001-1 dated 15 January 2001, as amended and completed by law n° 2002-46 dated 7 May 2002 and law n° 2008-1 dated 8 January 2008 and notably article 9, Having regard to decree n° 2001-2727 dated 20 November 2001,fixing the conditions and procedures of use of the means or services of encryption through the telecommunications networks, as well the exercise of the related activities, as amended and completed by decree n° 2007-1071 dated 2 May 2007, Having regard to the opinion of the Ministers of National Defense, of the Interior and Local Development, of Finance and of Trade and Handicrafts, Having regard to the opinion of the Administrative Court. Decrees the following : Chapter one General provisions Article one - The decree herein has for object to fix the conditions and the procedures of importation and commercialization of electronic equipments and systems comprising means allowing to encrypt the data exchanged through the telecommunications networks. The provisions of the decree herein shall not apply neither to means nor to the services of encryption used by the Ministries of national Defense, of the Interior and Local Development and Foreign Affairs and the accredited diplomatic and consular missions in Tunis or the assimilated structures. Art. 2 - Within the meaning of the decree herein, it shall be meant by : - encryption means: the electronic equipments and systems allowing the encryption of the data exchanged through the telecommunications networks, - encryption services: any operation carried out by an enterprise which the objective is to allow to others to exploit encryption equipments, - technical approval: the verification operations carried out by an authorized institution for certifying that the technical characteristics of encryption equipments meet the technical standards and regulations in force. N° 61 Chapter two The importation and commercialization of encryption means Art. 3 - The importation and commercialization of the encryption means of frequent use approved in accordance with article 4 of the decree herein are not submitted to authorization. These equipments shall be fixed by the National Agency of Digital Certification in a list periodically updated. The importation and commercialization of the other encryption means which are not provided in this list are submitted to authorization of the National Agency of Digital Certification on the basis of the technical approval certificate provided for by article 4 of the decree herein. The encryption means provided for in the second paragraph of this article and which are imported by the enterprises for temporary use to satisfy their own needs are not submitted to authorization and technical approval. These enterprises will be fixed by the National Agency of Digital Certification in a list periodically updated. Chapter three The approval of encryption means Art. 4 - The encryption means imported or commercialized and used to encrypt the data exchanged through the telecommunications networks are submitted to the technical approval of the National Agency of Digital Certification with the exception of the encryption means imported or commercialized by the companies provided for in the last paragraph of article 2 of the decree herein. Art. 5 - The technical approval file shall comprise the following documents : - the declaration form provided for in article 9 of the decree herein filled and signed by the legal representative of the company, - the technical documentation drafted in Arabic, French or English language comprising the technical specifications of the encryption means. Art. 6 - The National Agency of Digital Certification shall be charged of checking the data relating to the following aspects : - the technical rules in the field of use of the encryption means, - the inter-functioning of the encryption mean and the telecommunications public networks, - the security of the data relating to the users. Official Gazette of the Republic of Tunisia — 29 July 2008 Page 811