Tanzania
Tanzania Investment Act
Chapter 38
- Published in Tanzania Government Gazette
- Commenced on 10 September 1997
- [This is the version of this document as it was at 31 July 2002 to 21 April 2005.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Tanzania Investment Act.2. Application
3. Interpretation
In this Act, unless the context requires otherwise–"benefits" includes facilities and incentives provided by or pursuant to this Act."Board" means the board of Directors of the Centre appointed under section 7;"business enterprise" includes facilities and incentives provided by or pursuant to this Act;"capital" means all cash contribution, plant, machinery, equipment, buildings, spare parts, and other business assets other than goodwill which are not consumed in the regular operations of the business and have a life of more than twelve months;"Centre" means the Tanzania Investment Centre established by section 4;"certificate" means the certificate of incentives issued under section 17(1);"facilities" include licences, approvals and permits necessary for the establishment of a business enterprise which an investor may be obliged to obtain for the purposes of this Act;"foreign capital" means convertible currency, plant, machinery, equipment, spare parts, raw materials and other business assets other than goodwill that enters Tanzania with no initial disbursement of foreign exchange and are intended for the production of goods and services related to an enterprise to which this Act applies;"foreign investor" in the case of a natural person means a person who is not a citizen of Tanzania, and in the case of a company, a company incorporated under the laws of any country other than Tanzania in which more than fifty percent of the shares are held by a person who is not a citizen of Tanzania, and in the case of partnerships, means a partnership in which the partnership controlling interest is owned by a person who is not a citizen of Tanzania;"incentives" means tax reliefs and concessional tax rates which may be accessed by an investor under the Income Tax Act7, the Customs Tariff Act8, the Tanzania Revenue Authority Act9, the Value Added Act10, and any other law for the time being in force, and includes additional benefits that may be accessed by an investor under sections 19 and 20;"investment" means the creation or acquisition of new business assets and includes the expansion, restructuring or rehabilitation of an existing business enterprise;"local investor" means a natural person who is a citizen of Tanzania; a Company incorporated under the laws of Tanzania in which the majority of the shares are held by a person who is a citizen of Tanzania; or a partnership in which the partnership controlling interest is owned by a person who is a citizen of Tanzania;"member" means a member of the Board of the Centre;"Minister" means the Minister responsible for investments;"technology transfer agreement" means an agreement relating to an enterprise to which this Act applies that involves–(i)the assignment, sale or use of foreign patents, copyrights, trademarks or other industrial property rights;(ii)the supply of foreign technical know-how or technological knowledge;(iii)foreign technical assistance, design and engineering, consultancy or other technical services in any form they may be supplied;(iv)foreign managerial, marketing or other services,except that an agreement shall not be regarded as a technology transfer agreement for the purposes of this Act if its duration does not exceed a period of eighteen months.Part II – The Centre and its functions (ss. 4-14)
4. Establishment of the Centre
5. Objectives of Centre
The Centre, which shall be a one-stop centre for investors shall be the primary agency of Government to co-ordinate, encourage, promote and facilitate investment in Tanzania and to advise the Government on investment policy and related matters.6. Functions of Centre
For the purpose of section 5, the Centre shall–7. The Board
8. Proceedings of the Board
Subject to the provisions of this Act, the Board shall determine its own procedure for convening and conducting its meetings.9. Committees of the Board
The Board may, for the discharge of the functions of the Centre, appoint Committees of the Board comprising of members of the Board or non-members or both and may assign to them any function which the Board may determine.10. The Executive Director
There shall be an Executive Director of the Centre who shall be appointed by the President upon recommendation by the Minister to serve–11. Secretariat
12. Limitation of liability of members and staff
A member, officer or other staff of the Centre shall in his personal capacity be liable in civil or criminal proceedings, in respect of any act or omission done in good faith in the exercise of his functions under this Act.13. Funds of the Centre
14. Accounts, auditing and reports
Part III – Provisions relating to investment (ss. 15-26)
15. Investment opportunities
The Centre shall, in liaison with relevant Ministries and other authorities, determine investment opportunities available in the country and the modalities of accessing them.16. Relationship with Ministries and other public authorities
17. Application for certificates and registration
18. Establishment of enterprises
19. Benefits
20. Benefits for strategic or major investments
21. Investment guarantees, transfer of capital, profits and dividends
Subject to this section, a business enterprise to which this Act applies shall be guaranteed unconditional transferability through any authorised dealer bank in freely convertible currency of–22. Guarantee against expropriation
23. Settlement of disputes
24. Immigration quota
25. Obtaining credit from domestic sources by foreign investors
26. Technology transfer agreements
Part IV – General provisions (ss. 27-31)
27. Offences and penalties
28. Service of documents
A document may be served on the Centre by delivering it to the office of the Centre or by sending it by registered post addressed to the Executive Director.29. Regulations
The Minister may, after consultation and advice of the Board, make regulations for giving effect the provisions of this Act.30. Repeal of Act No. 10 of 1990
[Repeals the National Investments (Promotion and Protection) Act.]31. Transitional provisions
[Transitional provisions.]History of this document
22 March 2024 amendment not yet applied
01 July 2022 amendment not yet applied
Amended by
Finance Act, 2022
25 September 2018 amendment not yet applied
01 July 2015 amendment not yet applied
Amended by
Finance Act, 2015
19 December 2014 amendment not yet applied
01 July 2014 amendment not yet applied
Amended by
Finance Act, 2014
01 July 2013 amendment not yet applied
Amended by
Finance Act, 2013
01 July 2012 amendment not yet applied
Amended by
Finance Act, 2012
26 May 2011 amendment not yet applied
Amended by
Public Private Partnership Act
01 July 2010 amendment not yet applied
Amended by
Finance Act, 2010
01 July 2006 amendment not yet applied
Amended by
Finance Act, 2006
22 April 2005 amendment not yet applied
31 July 2002 this version
Consolidation
10 September 1997
Commenced
Cited documents 6
Act 6
1. | Companies Act | 661 citations |
2. | Income Tax Act, 2004 | 57 citations |
3. | Value Added Tax Act | 37 citations |
4. | Tanzania Revenue Authority Act | 35 citations |
5. | Mining Act | 34 citations |
6. | Oil and Gas Revenues Management Act, 2015 | 11 citations |
Documents citing this one 184
Gazette 160
Judgment 12
Act 5
1. | Immigration Act, 1995 | 108 citations |
2. | Income Tax Act | 11 citations |
3. | Tanzania Sisal Corporation (Establishment and Vesting of Interests) Act | 9 citations |
4. | National Industries (Licensing and Registration) Act | 4 citations |
5. | Insurance (Vesting of Interests and Regulation) Act |
Government Notice 2
1. | Foreign Exchange Regulations, 1998 | |
2. | Investment Regulations, 2002 |
Journal 2
1. | Law Reformer Journal, Vol. 2, 2009, Number 1 | |
2. | Law Review Journal, Vol. 1, 2016, Issue 1 |
Finding aid 1
1. | The Subsidiary Legislation of Tanzania Index - Vol. 1: 2008 - 2021 |
Law Reform Report 1
1. | Designated Legislation in the Nyalali Commission Report |
booklet 1
1. | Guiding Notes on Arbitration Law and Practice - Part Two: Pleadings and Written Submissions |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Kanuni za Marekebisho ya Kanuni za Uwekezaji Tanzania za mwaka 2024 | Government Notice 91 of 2024 | 9 February 2024 |
Investment Regulations, 2002 | Government Notice 381A of 2002 | 31 July 2002 |