|
|
|
|
Tanzania is a country of law and order and has the lowest crime rate in Africa. It has instituted favourable laws to suit the needs of investors and has signed several international treaties to enhance investment protection. ![[Dividing Line Image]](_borders/div.gif){kind=small}
NATIONAL LEGAL FRAMEWORK: The following are the principal legislations which govern the conduct of business and investments in Tanzania: Tanzania Investment Act, 1997 and Financial Laws (Miscellaneous Amendments) Act, 1997. Zanzibar Investment Protection Act No. 3 of 1986, which became effective on 3 May, 1986. Source (1): Legal Supplement (Part 1) to the Zanzibar – Tanzania Gazette, Vol. XCV No. 5427, of 3 May, 1986, p.27. as amended by the Investment Protection (Amendment) Act 1989. Source (2): Bill Supplement to the Zanzibar-Revolutionary Government Gazette, Vol. XCVII. No.5502, of 20 February, 1989, p.6. Source (1): Legal Supplement (Part 1) to the Zanzibar – Tanzania Gazette, Vol. XCV No. 5427, of 3 May, 1986, p.27. as amended by the Investment Protection (Amendment) Act 1989. Source (2): Bill Supplement to the Zanzibar-Revolutionary Government Gazette, Vol. XCVII. No.5502, of 20 February, 1989, p.6. Source (1): Legal Supplement (Part 1) to the Zanzibar – Tanzania Gazette, Vol. XCV No. 5427, of 3 May, 1986, p.27. as amended by the Investment Protection (Amendment) Act 1989. Source (2): Bill Supplement to the Zanzibar-Revolutionary Government Gazette, Vol. XCVII. No.5502, of 20 February, 1989, p.6.The Petroleum (Exploration and Protection) Act No. 27 of 1980, became effective on 15 July 1981. Source: Official Gazette of the United Republic of Tanzania, Acts Supplement, No. 40 Vol.1.XI dated 3 October, 1980. P-211. The Petroleum (Exploration and Protection) Act No. 27 of 1980, became effective on 15 July 1981. Source: Official Gazette of the United Republic of Tanzania, Acts Supplement, No. 40 Vol.1.XI dated 3 October, 1980. P-211. The Petroleum (Exploration and Protection) Act No. 27 of 1980, became effective on 15 July 1981. Source: Official Gazette of the United Republic of Tanzania, Acts Supplement, No. 40 Vol.1.XI dated 3 October, 1980. P-211.The Mining Act No. 17 1979; became effective on 31 December, 1979. Source: Official Gazette of the United Republic of Tanzania. No. 51 Vol.I.X dated 21 December, 1979. P.169. The Mining Act No. 17 1979; became effective on 31 December, 1979. Source: Official Gazette of the United Republic of Tanzania. No. 51 Vol.I.X dated 21 December, 1979. P.169. The Mining Act No. 17 1979; became effective on 31 December, 1979. Source: Official Gazette of the United Republic of Tanzania. No. 51 Vol.I.X dated 21 December, 1979. P.169.National Environment Act No. 19 1983, became effective on 15 October, 1983. Source: Official Gazette of the United Republic of Tanzania No. 38, Vol. LXIV, dated 23 September, 1983. P.191. National Environment Act No. 19 1983, became effective on 15 October, 1983. Source: Official Gazette of the United Republic of Tanzania No. 38, Vol. LXIV, dated 23 September, 1983. P.191. National Environment Act No. 19 1983, became effective on 15 October, 1983. Source: Official Gazette of the United Republic of Tanzania No. 38, Vol. LXIV, dated 23 September, 1983. P.191.Income Tax Act No. 33 of 1973, became effective on January, 1974. Source (1): Official Gazette of the United Republic of Tanzania, Bill Supplement, No. 46 Vol. LIV dated 16 November, 1973, p.l. as amended by the Finance Act of 1986 which became effective on 1 July, 1986. Source (2): Official Gazette of the United Republic of Tanzania, Acts Supplement NO.44, vol. 67 dated 31 October, 1986, p.87. Income Tax Act No. 33 of 1973, became effective on January, 1974. Source (1): Official Gazette of the United Republic of Tanzania, Bill Supplement, No. 46 Vol. LIV dated 16 November, 1973, p.l. as amended by the Finance Act of 1986 which became effective on 1 July, 1986. Source (2): Official Gazette of the United Republic of Tanzania, Acts Supplement NO.44, vol. 67 dated 31 October, 1986, p.87. Income Tax Act No. 33 of 1973, became effective on January, 1974. Source (1): Official Gazette of the United Republic of Tanzania, Bill Supplement, No. 46 Vol. LIV dated 16 November, 1973, p.l. as amended by the Finance Act of 1986 which became effective on 1 July, 1986. Source (2): Official Gazette of the United Republic of Tanzania, Acts Supplement NO.44, vol. 67 dated 31 October, 1986, p.87.The Patent Act No. 1 of 1987. Source: Official Gazette of the United Republic of Tanzania No. 17 Vol. 68, dated 24 April 1987 p.l. The Patent Act No. 1 of 1987. Source: Official Gazette of the United Republic of Tanzania No. 17 Vol. 68, dated 24 April 1987 p.l. The Patent Act No. 1 of 1987. Source: Official Gazette of the United Republic of Tanzania No. 17 Vol. 68, dated 24 April 1987 p.l.The Trade and Services Marks Act No. 12 of 1987, which became effective on 6 January, 1988. Source: Official Gazette for the United Republic of Tanzania No.52 Vol. 67 dated 26 January, 1987, p.125. The Trade and Services Marks Act No. 12 of 1987, which became effective on 6 January, 1988. Source: Official Gazette for the United Republic of Tanzania No.52 Vol. 67 dated 26 January, 1987, p.125. The Trade and Services Marks Act No. 12 of 1987, which became effective on 6 January, 1988. Source: Official Gazette for the United Republic of Tanzania No.52 Vol. 67 dated 26 January, 1987, p.125. The Companies Ordinance, Cap. 212 became effective on 1st October, 1932. Since then it has undergone several ammendments todate. The Capital Markets and securities Act, 1994. Business Names (Registration) Ordinance Cap. 213 operational 21st February 1930. Bills of Exchange Ordinance Cap. 215 operational 15th May 1951. Banking and Financial Institutions Act, 1991 operational, 18th October 1991 as per GN No. 4/1992. Bankruptcy Ordinance Cap. 25 operational as of 25th February 1930. Business Licensing Act, 1992 operational 1st September, 1972 has several amendments vide several Financial Laws and other subsequent Acts. The Copyright Act, 1966 operational 1st October, 1966 as per GN 310/1967. Dodoma Special Investment Area Act, 1989. Electricity Ordinance Cap. 131 operational 30th October, 1931. Employment Ordinance Cap.366 operational 1st February 1957 - (one of the heavily amended laws). Foreign Exchange Control Act, 1992 operational 16th March, 1992 as per GN No. 37/1992. Fair Trade Practices Act, 1994, operational. Foreign Judgements (Reciprocal Enforcements) Ordinance operational 5th July, 1935. Immigration Act, 1972 operational 1st June, 1972. Law of contract Ordinance 1961 Cap. 433 operational 3rd March, 1961. Land Ordinance Cap. 113 operational 26th January, 1923. Land Registration Ordinance Cap. 334 operational 1st June, 1954. Petroleum (Conservation) Act, 1981 operational 5th October, 1981 by GN No. 118/81. Preferential Trade Area (Implementation) Act, 1991 operational. Security of Employment Act, 1964 operational. Shipping Ordinance Cap. 162 operational, 29th October, 1937. Tanzania Communications Act, 1993 operational. Training Levy Act, 1972 operational 1st July 1972. Public Corporations Act, 1992 operational. Weights and measures Act, 1982, operational. Workmen’s Compensation Ordinance Cap. 263 operational 1st July, 1949. Mining Act, 1997 operational. Standards Act, 1975 operational, 15th April 1975 (GN 73/1976). Insurance Act, 1996 operational. Rent Restriction Act, 1984 operational. Sale of Goods Ordinance Cap.
MULTILATERAL TREATIES Tanzania is a signatory to the following Multilateral Treaties and Conventions which govern investment and international trade protocol: Conventions on the Recognition and Enforcement of Foreign Arbiter Awards of 1958, which became into force on 7 June, 1959. Source: United National, Treaty Series, Vol. 330 p.3. Conventions on the Recognition and Enforcement of Foreign Arbiter Awards of 1958, which became into force on 7 June, 1959. Source: United National, Treaty Series, Vol. 330 p.3. Conventions on the Recognition and Enforcement of Foreign Arbiter Awards of 1958, which became into force on 7 June, 1959. Source: United National, Treaty Series, Vol. 330 p.3.Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965, came into force on 14 October, 1966. Source: World Bank, Depository of the Original Convention. The Convention was published under Document ICSID/2. Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965, came into force on 14 October, 1966. Source: World Bank, Depository of the Original Convention. The Convention was published under Document ICSID/2. Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965, came into force on 14 October, 1966. Source: World Bank, Depository of the Original Convention. The Convention was published under Document ICSID/2.Convention Establishing the Multilateral Investment Guarantee Agency of 1985, came into force on 12 April, 1988. Source: Multilateral Investment Guarantee Agency, Convention establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention (Washington, D.C. MIGA, 1985) pp.l-34. Convention Establishing the Multilateral Investment Guarantee Agency of 1985, came into force on 12 April, 1988. Source: Multilateral Investment Guarantee Agency, Convention establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention (Washington, D.C. MIGA, 1985) pp.l-34. Convention Establishing the Multilateral Investment Guarantee Agency of 1985, came into force on 12 April, 1988. Source: Multilateral Investment Guarantee Agency, Convention establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention (Washington, D.C. MIGA, 1985) pp.l-34.Marrakesh Agreement Establishing the World Trade Organisation of 1994, came into force on 1 January, 1995: Agreement on Trade-Related Investment Measures.
GENERAL AGREEMENTS ON TRADE IN SERVICES Tanzania has signed and ratified the following General Agreements on Trade in Services: Agreement on Trade Organisation, Annex 1A-1B and 1C, the results of the Uruguay Round of Multilateral Trade Negotiations. The Legal Texts (Geneva, World Trade Organisation, 1995), pp.365-403. Paris Convention for the Protection of Industrial Property of 1883, (Revised at Brussels on 14 in 1900, Washington in 1911. The Hague in 1925, London in 1934, Lisbon in 1958 and Stockholm in 1967, and as amended in 1979) signed in 1994. Source: World Intellectual Property Organisation, Depository of the original Convention and Revisions and United Nations, Treaty Series, Vol.828, p.107 (Lisbon Revision), Vol.828 p.305 (Stockholm Revision). Paris Convention for the Protection of Industrial Property of 1883, (Revised at Brussels on 14 in 1900, Washington in 1911. The Hague in 1925, London in 1934, Lisbon in 1958 and Stockholm in 1967, and as amended in 1979) signed in 1994. Source: World Intellectual Property Organisation, Depository of the original Convention and Revisions and United Nations, Treaty Series, Vol.828, p.107 (Lisbon Revision), Vol.828 p.305 (Stockholm Revision). Paris Convention for the Protection of Industrial Property of 1883, (Revised at Brussels on 14 in 1900, Washington in 1911. The Hague in 1925, London in 1934, Lisbon in 1958 and Stockholm in 1967, and as amended in 1979) signed in 1994. Source: World Intellectual Property Organisation, Depository of the original Convention and Revisions and United Nations, Treaty Series, Vol.828, p.107 (Lisbon Revision), Vol.828 p.305 (Stockholm Revision).
REGIONAL TREATIES Tanzania is a signatory to the following Regional Treaties: Fourth ACP-EEC Convention (LOME IV) of 1989, came into force on 1 March, 1990. Source: The Courier, Africa-Caribbean-Pacific-European Community No. 120, 1990. Also in International Legal Materials, Vo.29, No.4 1990 and in UNCTAD. Division on Investment, Enterprises Development and Technology, International Investment Instrument: A compendium (Geneva, United Nations, 1996). Charter on a Regime of Multinational Industrial Enterprises (Mills) in the Preferential Trade Area for Eastern and Southern African States. Sources: International Legal Material, Vol. 33 No. 5 of September, 1994. Also in UNCTAD, Division on Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996. Charter on a Regime of Multinational Industrial Enterprises (Mills) in the Preferential Trade Area for Eastern and Southern African States. Sources: International Legal Material, Vol. 33 No. 5 of September, 1994. Also in UNCTAD, Division on Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996. Charter on a Regime of Multinational Industrial Enterprises (Mills) in the Preferential Trade Area for Eastern and Southern African States. Sources: International Legal Material, Vol. 33 No. 5 of September, 1994. Also in UNCTAD, Division on Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996.Treaty Establishing the Common Market for Eastern and Southern Africa (COMESA). Sources: International Legal Material, vol 33 No.5 of September 1994. Also in UNCTAD, Division of Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996). Treaty Establishing the Common Market for Eastern and Southern Africa (COMESA). Sources: International Legal Material, vol 33 No.5 of September 1994. Also in UNCTAD, Division of Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996). Treaty Establishing the Common Market for Eastern and Southern Africa (COMESA). Sources: International Legal Material, vol 33 No.5 of September 1994. Also in UNCTAD, Division of Investment Enterprises Development and Technology, International Investment Instruments: A compendium (Geneva, United Nations, 1996).
BILATERAL TREATIES Tanzania has signed Bilateral treaties for the promotion and protection of foreign direct investment with:
Source: United Nations, Treaty Series (only those treaties that have been registered with the Secretary General of the United Nations) and UNCTAD, Division on Investment, Enterprise Development and Technology, Bilateral Investment treaties, 1959-1995 (Geneva, United Nations, February, 1996). Bilateral investment treaties for the avoidance of double taxation (in force unless otherwise stated) with: Denmark, India, Italy, Norway, Sweden, and Zambia. Source: International Bureau of Fiscal Documentation, ATS No.86, March, 1993.
For further information please contact:
National Development Corporation Development House, Kivukoni Front/Ohio Str. P. O. Box 2669 Dar es Salaam - TANZANIA Tel: +255 - 22 - 2112893 or 2111460/3 Fax: +255 - 22 - 2113618 E-Mail : ndc@cats-net.com
Home | Services | Projects | Information | FeedbackNational Development Corporation
|
The Managing Director