Abrogation of Article 45: A Major Setback in Tunisia's Fight Against Money Laundering
The abolition of Article 45 of the 2019 Finance Law by Article 54 of the 2026 Finance Law marks a significant turning point in the regulation of cash payments in Tunisia. Officially presented as a measure to simplify administrative procedures and respect constitutional rights, this decision raises serious questions about its real impact on the fight against money laundering, the informal economy, and the country's financial credibility internationally.
Beyond the Myth of a Simple Cash Payment Limit
Contrary to a widely held idea, Article 45 was not just about limiting cash payments to 5,000 dinars. As Dr. Soumaya Chibane, a taxation expert and lecturer at IHEC Carthage, points out, it was a legal mechanism based on the traceability of payments. "Article 45 played a central role in the fight against money laundering, as it directly linked the legal validity of contracts to the transparency of the payment method," she explains.
Concrete Implications of Article 45
In practical terms, Article 45 prohibited municipalities from legalizing the signatures of parties to a contract for the sale of real estate, businesses, or vehicles when the price was paid in cash above the authorized threshold. The relevant documents could not be registered with the tax authorities or drawn up by a notary without proof of a traceable bank or postal payment. A tax fine equivalent to 20% of the transaction amount, with a minimum of 1,000 dinars, was provided for in case of non-compliance.
Blocking a Classic Money Laundering Channel
This mechanism primarily aimed to block a classic money laundering channel, particularly through real estate. "Without Article 45, a person can now buy a property with large amounts of cash, register it legally, and secure the transaction legally, which was previously impossible," Soumaya Chibane emphasizes. However, real estate has historically been considered one of the preferred vectors for recycling illicit funds.
Persistent Confusion Around Cash Payments
The expert stresses a persistent confusion in the public debate. The abolition of Article 45 does not mean a complete liberalization of cash payments. The tax rules governing cash transactions remain in force. Since 2023, charges, VAT, and depreciation related to operations paid in cash above 5,000 dinars have become tax-deductible again, but in exchange for a 20% fine, with a minimum of 2,000 dinars. Furthermore, a supplier or service provider who receives a cash payment without declaring the customer's identity remains liable for a penalty of 8% of the total amount received.
Contextualizing the Abolition of Article 45
In parallel, Decree-Law No. 3 of October 14, 2024, abolished the criminalization of holding or circulating cash amounts exceeding 5,000 dinars without justification. This reform aimed to correct the excessive effects of a penal system that heavily penalized small farmers, traders, and artisans, whose activities still largely rely on cash.
Structural Constraints
In fact, the abolition of Article 45 is also part of a structurally constraining context. The low bank penetration rate, the complexity of opening accounts, the limited spread of bank cards, and the high fees on electronic payment terminals make the use of cash economically rational for a large part of the actors. "You cannot impose perfect traceability without having prepared the banking infrastructure," Soumaya Chibane estimates.
The Impact of the Check Reform
This fragility was accentuated by the check reform that came into effect in 2025. According to data from the Central Bank of Tunisia, the number of checks used decreased from 12.3 million to 4.1 million between January and June 2025, a drop of over 60%. Daily transactions via the Tunicheck platform also fell by the same proportions. This massive decline mechanically favored a return to cash, illustrating the close link between payment behaviors and the availability of financial instruments.
Institutional Contradiction
Another point raised by the expert concerns a major institutional contradiction. While the legislation on combating money laundering strictly limits the acceptance of cash payments by legal entities, some public administrations continue, in practice, to require or accept cash payments, with a threshold of 3,000 TND, with additional rights applied. "The state imposes on economic actors what it does not always impose on itself," she laments, thereby weakening the normative scope of the entire mechanism.
Bad Timing
Beyond internal considerations, the abolition of Article 45 comes at a critical moment. Tunisia is subject to a new evaluation by the Financial Action Task Force (FATF) in February 2026. Even in the absence of formal sanctions, these evaluations directly influence the country risk perception, the cost of international banking operations, and the confidence of foreign investors.
A Signal with Ambiguous Consequences
In this context, modifying a financial traceability mechanism on the eve of such an evaluation sends an ambiguous signal. "In the fight against money laundering, the signal is as important as the norm," Soumaya Chibane recalls, considering the timing of this abolition to be "particularly ill-chosen."
Towards a More Coherent Reform
For the expert, the abolition of Article 45 should not be an end in itself but the starting point for a more coherent reform. She advocates for the establishment of credible alternative mechanisms, combining the strengthening of banking capabilities, the real digitalization of payments, the exemplarity of the administration, and the effective activation of existing tax control tools, notably the principle of "where does this money come from?" provided for in the Tax Code.
