Tanzania

Global sanctions guide

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  1. Does Tanzania have a sanctions regime in place?

Yes. The framework for Tanzania’s sanctions regime is set out in:

  • Anti-Money Laundering Act 2006 (“the Act”)
  • Prevention of Terrorism Act 2002
  • Proceeds of Crime Act 1991

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

Terrorist financing is criminalised under the Prevention of Terrorism Act 2002. This act makes it a crime to collect or provide funds with the intention that they be used in relation to terrorism. Terrorist financing is a predicate offence for money laundering.

  1. Does Tanzania implement UN sanctions?

Yes. Tanzania is a member of the UN, and Tanzanian law provides that the National Assembly may deliberate upon and ratify all treaties and agreements to which the country is a party (Article 63(3)(e) of the Constitution of the United Republic of Tanzania 1977).

Although Tanzania has not ratified some of the UN Conventions and Protocols under the International Convention for the Suppression of the Financing of Terrorism 1999, it has criminalised terrorism and terrorist financing. For example, the Proceeds of Crime Act 1991 provides for the confiscation and forfeiture of the proceeds of crime.

  1. Does Tanzania implement an autonomous sanctions regime?

Yes. The Tanzanian Police are responsible for investigating money laundering and terrorist financing in Tanzania. The Criminal Investigation Department has a special unit that deals with financial crimes and money laundering.

Tanzania’s laws dealing with financial crimes are:

  • Prevention of Terrorism Act 2002
  • Prevention and Combating of Corruption Act 2007
  • Penal Code cap 16
  • Criminal Procedure Act cap 20
  • Evidence Act cap 6
  • Proceeds of Crime Act cap 256
  • Mutual Assistance in Criminal Matters Act cap 256
  • Extradition Act cap 368
  • National Prosecutions Service Act 2008
  • Drugs and Prevention of Illicit Trafficking in Drugs Act Cap 95
  • Anti-Money Laundering Act, and its Regulations, 2007
  • Written Laws (Miscellaneous Amendments) Act 2007
  • Public Leadership Code of Ethics Act cap 398
  • Police Force and Auxiliary Services cap 322

A National Counter Terrorism Centre (“the Centre”) under the auspices of the Ministry of Home Affairs was set up in 2008. The Centre 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 body responsible for dealing with Tanzania’s sanctions regime, maintains a list of sanctioned individuals and entities.

Note that it is reported that no cases of terrorist financing have been investigated or prosecuted in Tanzania (source: Tanzania Mutual Evaluation Report on “Anti-Money Laundering and Combating the Financing of Terrorism” dated December 2009).

  1. Are there any other lists related to sanctions?

No.

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

No. However, the Ministry of Finance can exempt specific entities or individuals from particular activities, transactions or types of transactions which are subject to Tanzania’s financial sanctions regime.

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

Breach of financial or trade sanctions law can result in the commission of a criminal offence punishable by imprisonment and/or a fine.

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

The Act establishes the two main regulators of Tanzania’s sanctions regime:

The Financial Intelligence Unit (an extra-Ministerial Department) is responsible for overseeing Tanzania’s sanctions regime.

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

T: (+255) 22 212 9457
F: (+255) 22 212 9471
E: info@fiu.go.tz
www.fiu.go.tz

The National Multi-disciplinary Committee on Anti-Money Laundering is responsible for overseeing Tanzania’s anti-money laundering measures.

Contributor law firm

Pendo Shamte, 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
pendo.shamte@abenry.com
http://www.abenry.com/