Tanzania

Global sanctions guide

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  1. Does Tanzania have a sanctions regime in place?

Yes, Tanzania has a sanctions regime, as the Anti-Money Laundering Act of 2006, the Prevention of Terrorism Act of 2002 and the Proceeds of Crime Act 1991 are the key enactments which, inter alia, provide for a legal framework as far as money laundering and terrorist financing are concerned in Tanzania (finance related crimes). Anti-Money Laundering Regulations have also been issued for implementing the Act.

The Anti-Money Laundering Act criminalizes money laundering in a manner that is largely consistent with the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention) and the 2000 United Nations Convention against Transnational Organised Crime (Palermo Convention).

Terrorist financing is criminalized under the Prevention of Terrorism Act, Cap 19 of 2002. The said law makes the collection or provision of funds with the intention that they be used for the purpose of committing a terrorist act or by a terrorist organization or an individual terrorist for committing or facilitating the commission of a terrorist act a crime. Terrorist financing is a predicate offence for money laundering.

  1. Does Tanzania implement UN sanctions?

Tanzania is a member state to the UN. Article 63(3) (e) of the Constitution of the United Republic of Tanzania, 1977 expressly provides that the National Assembly may deliberate upon and ratify all treaties and agreements to which the United Republic is party and the provisions of which require ratification.

Though some of the UN conventions and protocols under the International Convention for Suppression of Financing of Terrorism have not been ratified, the laws in Tanzania criminalise terrorism and terrorist financing. For example, the Proceeds of Crime Act provides for confiscation and forfeiture of assets obtained from crime commission.

  1. Does Tanzania implement an autonomous sanctions regime?

Yes, the Tanzania police and the Prevention and Combating of Corruption Bureau are responsible for the investigation of money laundering and terrorist financing in the United Republic of Tanzania. The Criminal Investigation Department has a special unit that deals with financial crimes and money laundering.

Tanzania has laws that deal with financial crimes. These are the Prevention of Terrorism Act, 2002, the Prevention and Combating of Corruption Act, 2007, the Penal Code cap 16, the Criminal Procedure Act, cap 20, the Evidence Act, cap 6, the Proceeds of Crime Act cap 256, the Mutual Assistance in Criminal Matters Act, cap 256, the Extradition Act Cap 368, the National Prosecutions Service Act, no 27 of 2008, the Drugs and Prevention of Illicit Trafficking in Drugs Act, Cap 95, the Anti-Money Laundering Act, The Anti-Money Laundering (Cross Boarder Declaration of Currency and Bearer Negotiable Instruments) Regulations, 2016, Anti- Money Laundering and Proceeds of Crime (AMLPOCA) Regulations, 2015, Anti- Money Laundering (AMLA) Regulations, 2012, Prevention of Terrorism (General) RRegulations,2014, Guidelines for the verification of customers’ identities, 2009, Anti-Money Laundering Guidelines to Banking Institutions, Anti-Money Laundering Guidelines for Bank of Tanzania, Anti-Money Laundering and Counter-Terrorist Financing Guidelines to Insurers, Anti-Money Laundering Guidelines to CMSA Licensees, Anti- Money Laundering Guidelines to Collective Investment Schemes, Anti-Money Laundering Guidelines for Accountants and Auditorsand its Regulations, 2007, the Written Laws (Miscellaneous Amendments) Act, No 15 of 2007, the Public Leadership Code of Ethics Act, Cap 398, the Police Force and Auxiliary Services Act, Cap 322. The Capital Markets and Securities Act, The Banking and Financial Institutions Act, Cap 342 of 2006, The Gaming Act, Cap 41 and The Economic and Organized Crime Control Act, Cap 200.

The Police Force of the United Republic of Tanzania, which is constituted under the Police Force and Auxiliary Services Act, is the main agency responsible for investigating money laundering and terrorist financing offences. The mandate of the Police Force includes preserving peace, maintaining law and order, preventing and detecting crime and protecting property. Within the Police Force, there is a Criminal Investigation Department (“CID”) responsible for the investigation of all crimes, including money laundering and terrorist financing.

The Crime Intelligence Unit within the CID is responsible for crime intelligence and assists other operational components within the police to combat crime effectively. The combating of transnational crime and terrorism is an integral part of crime intelligence priorities.

A National Counter Terrorism Center under the auspices of the Ministry of Home Affairs was set up in 2008. The Center is headed by the Assistant Commissioner of Police and its role is to educate Tanzanians regarding the threat of terrorism.

The Director of Public Prosecutions under the Office of the Attorney General (Discharge of Duties) Act, 2005 is responsible for the coordination of investigation duties conducted by investigative organs, including the Police Force. For the purposes of his functions the DPP is empowered to direct investigative organs on any matter of a general or specific nature relating to the investigation of crimes.

A National Counter Terrorism Center (“the Center”) under the auspices of the Ministry of Home Affairs was set up in 2008. The Center is headed by the Assistant Commissioner of Police and its role is to educate Tanzanians regarding the threat of terrorism.

The Director of Public Prosecutions under the Office of the Attorney General (Discharge of Duties) Act 2005 is responsible for coordinating investigations. The DPP is empowered to direct investigative bodies on any matter of a general or specific nature relating to the investigation of crimes.

  1. What is the nature of the sanctions regime in Tanzania?

When sanctions or embargoes are set by the UN, African Union (“AU”), Southern African Development Community (“SADC”), or East African Community (“EAC”), Tanzania enacts implementing legislation. AU, SADC and EAC regulations have direct effect in Tanzania and penalties under them are determined by the government of Tanzania. UN Resolutions do not have direct effect. They are incorporated into Tanzanian legislation through orders and regulations.

The most frequently applied measures under Tanzanian legislation are arms embargoes, financial sanctions, travel bans and import/export bans – as provided by the Tanzania Bureau of Standards.

  1. Does Tanzania maintain a list of sanctioned individuals and entities?

Yes, the Financial Intelligence Unit, being the organ responsible for dealing with the sanctions regime, maintains a list of sanctioned individuals and entities. The list therefore may be published by this authority.

However, the Tanzania Mutual Evaluation Details Report on Anti-Money Laundering and Combating the Financing of Terrorism of December 2009 suggests that there have been no cases of terrorist financing investigated or prosecuted in the United Republic of Tanzania.

  1. Are there any other lists related to sanctions?

There are no other lists related to sanctions; the Anti-Money Laundering Act provides for an individual person or group/association of persons, and corporate body or bodies as targets of sanctions.

  1. Does Tanzania have a licensing or authorisation system in place?

In Tanzania, the Ministry of Finance (“MoF”) does not have a licensing or authorization system in place. However, MoF gives exemptions on particular activities, transactions or types of transactions from the financial sanctions regime to a specific entity or individual.

  1. What are the consequences for a breach of sanctions in Tanzania?

In Tanzania, the Ministry of Finance (“MoF”) does not have a licensing or authorization system in place. However, MoF gives exemptions on particular activities, transactions or types of transactions from the financial sanctions regime to a specific entity or individual.

  1. Who are the relevant regulators in Tanzania and what are their contact details?

The Anti-Money Laundering Act provides for the establishment of the main two regulators of the sanctions regime in Tanzania:

An administrative Financial Intelligence Unit (an extra-Ministerial Department).

Financial Intelligence Unit
Madaraka Street
P.O. Box 5145
11468 Dar es Salaam
Tanzania

E: info@fiu.go.tz
www.fiu.go.tz

The National Multi-disciplinary Committee on Anti-Money Laundering.

Contributor law firm

Josephine Mbuya, Abenry & Company, Advocates, 3rd Floor, Main Tower, Golden Jubilee Towers, Ohio Street/ Kibo Street, P.O. Box 3167, Dar –es- Salaam, Tanzania

T: (+255) 22 2129461, 2129462
F: (+255) 22 2129463
josephine.mbuya@abenry.com
http://www.abenry.com/