Beneficial Owner Concept: A Key in Combating Money Laundering and Financial Crimes
The concept of a beneficial owner is a crucial element in the fight against money laundering, terrorist financing, tax evasion, and corruption. It refers to the physical persons who directly or indirectly control a company and benefit from the economic advantages (mainly dividends) generated by the assets held by the company, even if these assets are registered in the name of a third party. In Tunisia, this concerns physical persons who directly or indirectly hold a percentage equal to or greater than 20% of the capital or voting rights.
Protection of Personal Data and Access to Information
These pieces of information, which concern physical persons, are subject to personal data protection and are therefore not public. However, a recent decree from the government presidency now allows entities subject to anti-money laundering regulations to access this information via the National Business Register (RNE) platform, enabling them to fulfill their legal obligations. This information is sent electronically to specialized entities upon request, including:
- The Central Bank of Tunisia
- The Tunisian Financial Analysis Commission
- Customs
- The National Social Security Fund (CNSS)
- Courts
- The Ministry of Interior
Access for the General Public
For the general public, access is only possible upon justified request. This request must be submitted via the RNE platform and must detail the reasons requiring the identification of the beneficial owner of an entity. A response, whether it is an acceptance or a rejection, will be communicated within 48 hours.
A New Step Forward in the National Fight Against Money Laundering
This measure represents a new advancement in the national device to combat money laundering. By strengthening transparency, it will consolidate detection and prevention tools, allowing subject entities to act more effectively.
