Opening a travel agency in Algeria: licence, conditions and steps

1999 law governing tourism and travel agencies

99-06

2017 executive decree setting the licence conditions

17-161

minimum age of the applicant

21

deadline to start trading once the licence is issued

6 months

What a tourism and travel agency does

Law No. 99-06 defines the agency as a commercial business that sells, directly or indirectly, trips, tours and stays for individuals or groups, along with related services. Its article 4 lists, among others:

• organising and selling trips and stays;
• excursions and guided visits;
• booking hotel rooms;
• selling transport tickets and event tickets;
• handling insurance formalities for clients;
• representing other agencies, local or foreign;
• car hire, with or without a driver.

What the texts say

Conditions to meet

• Be at least 21 years old (Decree No. 17-161, art. 3).
• Prove a professional qualification: a bachelor's degree in tourism from a higher education institution; or a bachelor's degree in another field plus one year of experience in tourism; or a higher technician diploma in tourism or hospitality plus one year of experience in tourism.
• Without these qualifications, secure the permanent, effective collaboration of a person who has them: the tourism and travel agent. The agent's name appears on the licence next to the owner's (Law No. 99-06, art. 7).
• Enjoy your civil and civic rights and be of good character. The good character condition also applies to a company's managers.
• For a company, be incorporated under Algerian law.
• Not already hold a tourism and travel agency licence.
• Have commercial premises fitted with suitable facilities, whose features are set by order of the minister in charge of tourism (Decree No. 17-161, art. 4).
• Have a financial guarantee covering the agency's commitments (Law No. 99-06, art. 7) and take out civil and professional liability insurance (art. 19).

The licence file

The individual, or the company's legal representative, files the application with the competent local services of the ministry in charge of tourism (Decree No. 17-161, art. 5). The file is built in two stages: first identity and qualifications, then, after the national board's favourable opinion, the documents on the premises, insurance, contracts and articles.

The application goes through a prior inquiry by the National Security services or the National Gendarmerie (art. 7).

Licence before or after the trade register?

Law No. 99-06 makes setting up the agency subject to the licence (art. 6) and refers to trade register registration of "the approved agency" (art. 39). Decree No. 17-161 asks for the company's articles in the licence file. Read together, these texts give this order: name and articles, licence, then trade register registration with a copy of the licence, as article 4 bis of Decree No. 15-234 provides. Ask the CNRC office to confirm this order before you file.

The steps

1. 1

   Check the qualification

   Your own diplomas are enough, or you hire an agent who meets the conditions, under a notarised employment contract.

2. 2

   Reserve the company name

   For a company, request the name certificate from the CNRC. The agency's name must differ from other agencies' names (Law No. 99-06, art. 24).

3. 3

   Draft the articles

   With a notary, for a company under Algerian law. They are part of the licence file.

4. 4

   File the licence application

   With the local services of the Ministry of Tourism, with your ID card and diplomas.

5. 5

   Inquiry and board opinion

   Inquiry by the National Security or Gendarmerie, then the national approval board's opinion.

6. 6

   Complete the file

   After the favourable opinion: lease or deed for the premises, insurance, agent's contract, articles.

7. 7

   Register in the trade register

   With a copy of the licence, then tax, NIS (statistical number) and CASNOS (self-employed social security).

8. 8

   Start within 6 months

   Your licence number goes on your contracts, invoices and advertising.

Refusal and appeal

The licence is refused if the conditions are not met, if the inquiry is unfavourable or if the applicant has already had a licence permanently withdrawn (Decree No. 17-161, art. 8). You have one month from notification of the refusal to send a written appeal to the minister in charge of tourism, with new information. The minister decides within two months of receiving it.

Licence duration and obligations

Neither Law No. 99-06 nor Decree No. 17-161 sets a validity period for the licence. It cannot be sold or transferred (law, art. 9). If the owner dies, the heirs can continue running the agency if they inform the ministry within two months and comply with the law within twelve months. The licence can be withdrawn if the agency fails in its obligations:

• Start trading within 6 months of the licence being issued. Otherwise, the ministry gives formal notice to start within a further 6 months, then withdraws the licence (decree, art. 10).
• Show the licence number on contracts, invoices, notices, publications and promotional material (law, art. 26).
• Give the client a document recording the travel contract (art. 16).
• Report the agent's death, resignation or exclusion to the ministry within one month, then appoint a new approved agent within two months (art. 12).
• Inform the ministry by registered letter before suspending business. A suspension not declared within six months leads to withdrawal of the licence (art. 10).
• Obtain prior authorisation before opening a branch (art. 8).
• Send the ministry information and statistics on your business at regular intervals (art. 25), and report any change to the details of your application (decree, art. 9).

The approved agent manages the agency and must work exclusively in this activity (decree, art. 12).

Penalties

The ministry that issued the licence can give a warning, withdraw the licence for up to six months or withdraw it permanently (Law No. 99-06, art. 30 to 33). The law also sets penalties imposed by the courts:

Article 22 bars anyone without a licence from using the name "tourism and travel agency" in any form.